This website offers a platform for potential bidders at auctions for residential and commercial properties (Bidders) to obtain building and/or timber and pest inspection reports and/or strata reports (Property Reports) from designated property consultants (Consultants) and pre-conveyancing Reports (Conveyancing Reports) and, if you are the successful Bidder, full conveyancing services (Services) from designated firms (Conveyancers) for the purchase of residential and commercial properties for sale in Australia (the provision of the Property Reports, the Conveyancing Reports and the Services are collectively referred to herein as the Third Party Services and the Consultants and Conveyancers providing such services are collectively referred to herein as the Third Party Service Providers). We do not independently verify any of the Property Reports and/or Conveyancing Reports that you may access through this website nor do we assume responsibility for any of the Services that are offered via this website and cannot and do not make any warranties or representations in respect of any of the Third Party Services accessed via this website.
In using this website, you acknowledge and agree: (i) that this website is a platform that connects Bidders with Consultants and Bidders with Conveyancers to facilitate them entering into contracts for Third Party Services including the provision of Property Reports, Conveyancing Reports and/or Services, and that, while we charge a small commission for providing the platform, we are not a party to any contract between a Bidder and a Consultant or a Bidder and a Conveyancer in relation to Third Party Services; and (ii) that any contact between a Bidder and a Consultant or between a Bidder and a Conveyancer that is facilitated by this website for Third Party Services, including the provision of Property Reports, Conveyancing Reports and/or Services is undertaken at each parties own risk and any statements made by Third Party Service Providers are attributable to that party and we do not take any responsibility for or make any representation or warranties relating to any statements so made.
You further acknowledge and agree that the Third Party Services will be provided in accordance with the relevant Third Party Service Provider’s terms and conditions. The terms and conditions of Consultants providing building and/or timber and pest inspector will be provided: to the first purchaser, when the inspection time is confirmed; and, to any subsequent purchase, prior to purchase of the report. An example of a building and pest inspector’s terms and conditions is available by clicking here (although we note that different inspectors have different terms and conditions, and we make no representation or warranty that those terms and conditions will include the terms contained in the example terms here provided). Other Third Party Service Provider’s have terms and conditions that are governed by the general law.
While BYB makes no representations or warranties as to the quality of the work of Third Party Service Providers, BYB has taken all reasonable steps to ensure that the Third Party Service Providers are appropriately licensed (where required) and insured.
4. Collection Notice
5. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the website (including the Terms) or the information described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
The process for purchasing Third Party Services accessed via this website is as follows:
(i) How to purchase Third Party Services:
Enter an address on the home page of our website and select search. Select the Purchases tab from the page you are directed to. Your current purchases are selected. Select a purchase type that you want to use. Switch to the selected purchase. Click Change if you have already purchased the selected service. Click Buy to purchase a new service and follow all instructions. Your changes are applied to your shopping cart. Third Party Services in your shopping cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full. You are responsible for all orders placed on your account including for any discrepancies or errors in your order caused by you. We may reject your order, including in circumstances where we believe there may be a credit card fraud. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it.
(ii) Order confirmation for Third Party Services:
When your payment for Third Party Services is confirmed, the payment amount (minus any discounts or credit applied if using a valid discount voucher or credit coupon), will be deducted from your credit [or debit card] and a tax invoice emailed to your nominated email address.
(iii) Pricing policy for Third Party Services:
Except where noted otherwise, the List Price displayed for Third Party Services on our website represents the full retail price suggested by the Third Party Service Provider in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price on any particular day. With respect to items sold on our website, we cannot confirm the price of an item until you order. We generally do not charge your credit card until we make the digital products provided by Third Party Service Providers available to you.
(iv) Payment method for Third Party Services:
You may pay for Third Party Services using a MasterCard, Visa, Diners or American Express credit [or debit] card via the payment gateway. If the credit [or debit] card is not issued in your name, you must have the permission of the cardholder to use their card for payment for Third Party Services.
(v) Digital delivery method for Third Party Services;
After ordering online, you will receive an email confirmation from us containing the PDF files applicable to the Third Party Services you have purchased. We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send PDF files applicable to Property Reports within  hours of the Consultant obtaining access to the property to undertake its report. We will attempt to send PDF files applicable to Conveyancing Reports within  hours of the solicitor for the property’s vendor replying to the Conveyancer’s initial inquiries. If you wish to query a delivery or its estimated time of delivery please contact us.
(vi) Cancellation of Third Party Services:
You will receive a full refund of the payment for Third Party Services if you have been unable to access and/or obtain the Third Party Services due to technical difficulties arising from our website. However, refunds will not be given if the difficulties in accessing our website and/or obtaining the Third Party Services are due to incompatibility with your computer system. Our website and the Third Party Services are not optimised for use on a smart phone, therefore, for a full comprehensive experience you will need to use a desktop, laptop or tablet. We will notify you by email that a refund has been approved within 7 days of approval. All refunds approved by us will be paid within 30 days of this notification date. If you are to cancel a report prior to the inspection occurring you may be awarded a credit for a future similar order, or be entitled to a partial refund with a $50 cancellation fee. This is dependent on a number of factors including how our Third Party Service providers were impacted by the cancellation. You can email firstname.lastname@example.org regarding any cancellation requests. You will not be entitled to a refund of your payment for Third Party Services in any circumstances other than those described above.
IN AUSTRALIA, THE THIRD PARTY SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE COMPETITION AND CONSUMER ACT 2010 AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER ACT 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
7. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
8. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our Third Party Service Providers. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
9. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to (i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals; (ii) using this website to defame or libel us, our employees or other individuals; (iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals; (iv) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security; and (v) copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works or otherwise tampering with our website or any of the content or software on our website. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
10. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
13. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
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