Your Free Property Report - All you need to do is ask!

Terms and Conditions of Use

These terms and conditions apply to the use of this web site, including the use of the information services and web based tools offered on this web site and the Property Value Cairns Report (report). These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site including privacy policy.

1. Terminology

In these terms and conditions, the expressions “we”, “us”, “our”, “Property Value Cairns” and “propertyvaluecairnscom.au” are a reference to Wheelbarrow Real Estate Pty Ltd (ABN 69989737640), the owners and operators of this website.

2. Website Use Conditional Upon These Terms and Conditions

Your use of the service provided by this website is conditional upon your acceptance and compliance of these Terms and Conditions.
Your submission of the web site Online Form to use the ‘Property Value Cairns’ service indicates your unconditional acceptance of these Terms and Conditions.

3. Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

4. Description of Services

What is Property Value Cairns?

We are an online digital facilitation service operating between the public and our associated real estate agent. We facilitate the procurement of a property appraisal for you from the agent..

Submission of Online Form

In order to be able to access the information services and tools on this web site, you must complete and submit the Online Form. You must complete the Online Form in the manner described on the web site.

All information provided by you upon submission of the Online Form and subsequently will be protected by and only used in accordance with our Privacy Policy.

You agree to ensure that your details and the information contained in the Online Form submitted to us are true and accurate at all times. Specifically, you must notify us of any change to your contact details as originally supplied. You are responsible for protecting the confidentiality of the information and the report that we will provide as the appraisal of your property (Property Value Cairns Report) pursuant to this web site.

The Property Value Cairns Report

You acknowledge that the Property Value Cairns Report and the information that we provide may be based on general information derived from sources we believe to be accurate, such as:

the price of recent sales of like properties in your area;

  • the current advertised price of like properties for sale in your area;
  • market research on property trends in your area; and
  • information provided by you.

Therefore, you acknowledge that the Property Value Cairns Report is a guide only, the accuracy of which cannot be and is not guaranteed. You also accept and acknowledge that it is not a valuation. It is an opinion of what the associated agent believes your property may sell for on the date of request. It should be noted that the subject property may not have been inspected and therefore internal appearance or space cannot be taken into account. We recommend that a valuation of your property be prepared by a licensed valuer before any decisions or activities are made or taken for the use or development of your property.

Property Value Cairns Report to be Provided by Licensed or Registered Real Estate Agents

The Property Value Cairns Report will be prepared by our associated licensed or registered real estate agent.

Timeframe of Provision of the Property Value Cairns Report

All reasonable steps will be taken to provide the Report within a timely manner. However, we do not guarantee that the Report will be delivered within any specific timeframe.

Our Right to Refuse Your Request for the Property Value Report

As we provide a service free of charge, we reserve the right to provide all, some or none of the requested services to any user, at any time, for any reason.

5. Property Value Cairns Report, Information Service and Web Based Tools

The Property Value Cairns Report and all information and tools provided by us pursuant to these terms and conditions are provided in good faith. You accept that the Report and any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.

You agree to use our information service and web based tools for lawful purposes only.

6. Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site including the Property Value Cairns Report.

Whilst we have no reason to believe that the report or any information contained on this web site or provided by the web based tools is inaccurate, we do not warrant the accuracy, adequacy or completeness of such Report, information and tools, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained or provided on this web site or in the Report.

Where the report or the information made available through this service contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.

We do not accept liability for loss or damage caused by your reliance upon the report or any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of the report and any such information.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the report, web based tools, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other users in contravention of the obligations as set out in these terms and conditions or any content transmitted by a person who is not authorised to do so.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in connection with its advertisement.

Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

7. Exclusion of Implied Terms

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

8. Limitation of Liability

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following as determined by us:

If the breach relates to goods:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired.
  • If the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of the report, goods or services supplied pursuant to an order placed on or in respect of this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

We do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

9. Specific Warnings to Users

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

Any web site content containing opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person acting on your behalf or using your contact details provided in the Online Form or subsequently, whether or not you have authorised that person.

You acknowledge that we cannot confirm the identity of other users or prevent them acting under false pretenses.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

12. Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site and the report for your personal use only. All other such printing, reproduction or communication to the public of the information or the report is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site or contained in the report.

Linked Web Sites

This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Except with the written permission of the entity paying for "The web Site's" hosting, you agree that you will not create links from any web page to any page within the "The web Site" .

Privacy Policy

We undertake to comply with the terms of our Privacy Policy.

How we handle e-mails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

© 2014 Property Value Cairns