Terms for Consumers
Welcome to the AICSA Marketplace website. The use of this website by a consumer is subject to the following terms and conditions.
"Quoting process" means the process of selecting providers of conveyancing services using the AICSA Marketplace facility for connecting consumers with suppliers using this Website.
"Provider" means participating suppliers of conveyancing services.
"We", "us" and "our" means and is a reference to the AICSA Marketplace.
"Website", "Marketplace" or "AICSA Marketplace" means this website and includes the entire hardware and software system that supports the functionality of this Website.
"You" and "your" means and is a reference to you, the user or customer who has agreed to seek conveyancing services from a provider using this Website.
We will maintain the confidentiality of your personal information. Except as required by law, your personal information will only be revealed to the provider selected by you at the conclusion of the Quoting process or to the highest ranked bidder in the event that you have not specified a preferred provider. The AICSA Marketplace will only collect as much information from you as is necessary for effective participation in the Quoting process. Anonymous data collected on your use of the Marketplace may be used to improve the performance of the Marketplace and to further our understanding of the Conveyancing sector.
3. Nature of Relationship
The AICSA Marketplace is not a provider of products and services. The purpose of our Website is to offer a means to connect you to providers that share our belief in value for money and a fairer more accessible Conveyancing sector. We do not make any claims, representations or warranties in respect of the services that are provided by the providers.
Your relationship with a provider, once established is a provider and client relationship established in the normal course of business.
The providers have agreed with us that they will not charge for their services at a price that is higher than the successful bid.
By using the Website to engage providers in a Quoting process, you agree to receive from us by email details of our highest ranked candidate provider, unless you have specified a different preferred provider, in which case, we will provide you with the details of that provider. You also agree that we will contact the same provider and give them your contact details, so that you and the provider may be connected.
We may change these terms. We, and our suppliers, may make changes to the Website. We will try to ensure that any changes do not cause any disruption to our services but it may be necessary sometimes to implement those improvements.
5. Warranties and Limitation of Liability
The Website may include technical inaccuracies and typographic errors, we will try to minimise these and rectify them as soon as we become aware of any errors.
Our Website may contain links to other websites over which we have no control.
We are not, in any way, liable for any special, indirect or consequential losses or damages resulting from your use of the Website.
6. Content and Copyright
You acknowledge that the content and design of the Website, including the quoting process, imagery and logos, is our intellectual property. You agree not to infringe our intellectual property rights.
7. Use of Website
You agree to only use the Website for the intended purpose and not for any illegal, unlawful, improper or infringing purpose.
You agree not to do anything that may damage or compromise the security of the Website through, for example, any action that may introduce a virus on to the Website.
You agree to immediately report any transmission that you have made, inadvertently or otherwise, that may compromise the Website and any systems connected to it, to enable us to take corrective action.
You agree not to copy, reverse engineer or otherwise use the Website in any way except for its intended purpose.
8. Other Services
The AICSA Marketplace may, now and in the future, provide other services other than the Website, either directly or through third party providers of relevant products and services. We would like to share these with you. We may use the contact details that you have provided to inform you about these. Please indicate here if you would prefer not to receive this information.
Terms for providers
Welcome to the AICSA Marketplace website. The use of AICSA Marketplace by providers is subject to the following terms and conditions. By participating in this AICSA Marketplace you agree to be bound by these terms and conditions.
A. Marketplace Innovation Technologies Pty Ltd ('Marketplace IT') and Catalyst Foundation Inc. ('Catalyst') have together developed an online marketplace-as-a-service for users of Relevant Services in the Conveyancing sector.
B. The Marketplace connects conveyancing service providers ('Participating Providers') to people who need the Relevant Services ('Consumers').
C. The Marketplace is a web-based community where Consumers can register and places requests for Relevant Services and Participating Providers can bid for the business.
D. A Participating Provider can upload their details, credentials and services to the Directory and the information in the Directory provides you with the means to participate in the Marketplace. By participating in the Marketplace, you agree to be, and are, bound by this Agreement. Subject to this Agreement, you may generate, own and have control over information about you contained in the Directory.
2. Glossary of Terms
"Agreement" means this directory participation agreement.
"Consumer" means the person seeking Relevant Services.
"Directory" means our database of information about Participating Providers, which contains information about Participating Providers and Relevant Services.
"Dollars" or "$" means a reference to Australian dollars.
"Fee" means any the fee or fees payable by you to us calculated in accordance with Schedule A.
"Marketplace" means the AICSA Marketplace, in which you are a Participating Provider.
"Participating Provider" means a provider of Relevant Services who has agreed to be bound by this Agreement.
"Quoting process" means the process of selecting providers of conveyancing services using the AICSA Marketplace facility for connecting consumers with suppliers of conveyancing services using this Website.
"Rating" means a rating provided to us by the Consumer based on a scorecard survey of Relevant Services provided.
"Relevant Services" means goods, products or services that are offered to Consumers through the Marketplaces.
"You", "Your" whether shown in upper case or lower case, means a reference to you and/or the organisation that you represent as the Participating Provider.
"Your Profile" means the information that we collect from you, or that you enter, and we hold in the Directory. Your Profile will also include the average Rating and any other information displayed on the Website.
"We", "Us" or "Our" whether shown in upper case or lower case, means, and is a reference to, Marketplace IT and Catalyst.
"Website" means the website on which the AICSA Marketplace has been developed.
3.1 We have built and maintain the Website, which includes the facility for you to publish information about your business and the services it provides in the Directory. Consumers may search for information and build a shortlist of preferred providers from the Directory.
3.4 We may make changes to the Website at any time and without notice.
3.5 We will use all reasonable endeavours to ensure that the Website is available and fully functional at all times. However, there may be times where the Website is unavailable including for maintenance, addition of functionality and correction of faults; accordingly we make no guarantees as to the availability of the Website.
4. Content and Intellectual Property
4.1 The content and design of the Website including all logos, forms and imagery form part of our intellectual property. We assert and maintain our copyright in respect of Website content.
4.2 Unless specifically authorised by us, or as required by law, you may not copy, modify, distribute or otherwise use material included on the Website and subject to our copyright.
4.3 We will use reasonable endeavours to ensure that information presented on the Website is accurate. However, we make no warranties as to the accuracy of the content and would appreciate notice of any inaccuracies including typographical errors.
5. Your Profile
5.1 We will ask you to submit information to generate Your Profile by completing the online form and providing the relevant information in the format set out on the Website.
5.2 You may make changes to Your Profile at any time. However, you will not have the ability to adjust any Rating.
5.3 You may also upload photographic and video material on Your Profile to help promote your business to become established as a Participating Provider.
5.4 You will ensure that the information that you put on Your Profile is accurate and fairly represents you and the Relevant Services that you provide. You will not upload any illegal or offensive material.
5.5 You will indemnify us against any claims, losses or damages, including without limitation legal costs, which we may incur or that may arise in relation to information that you have uploaded to Your Profile or as a result of the provision by you of Relevant Services. We will use reasonable efforts to limit or mitigate any risks or such losses should they occur or are likely to occur.
5.6 We reserve the right to ask you to remove, or to remove, any material from the Directory that we determine would breach clause 5.4.
5.7 Your Profile is your property. However, you grant us a royalty free, transferable, irrevocable licence to use Your Profile information for the purposes of, without limitation, promoting the Marketplaces and developing new marketplace-as-a service opportunities. The term of that licence commences when that information has been uploaded to Your Profile.
5.8 Your Profile may be used by us, or by you, to populate the Directories in several marketplaces and the terms of this Agreement will apply in respect of such marketplaces.
5.9 You are not required to participate in any bid as a consequence of being a Participating Provider. However, you will be asked to confirm your acceptance of the terms and conditions relating to the Quoting process each time you place a Bid.
6.1 By becoming a Participating Provider You make the following warranties:
a) that you are qualified to provide the Relevant Services and that you, specifically, have the requisite expertise, skills, knowledge, experience and resources; and
b) that if you are a member of profession that requires registration with a body recognised by law that you hold such registration and that you are not subject to any disciplinary actions by that body.
7. Fees and Payment Terms
7.1 We will issue you with an invoice for $10 + GST for every quote submitted. Invoicing will occur fortnightly for the quotes submitted.
7.3 The Fees are due and payable by you no later than 7 Business Days from receipt of the invoice from us.
8.1 You acknowledge that we may make any changes to the Website and this Agreement, at any time and without notice.
9.1 Communications, including the delivery of invoices, between you and us will generally be by email.
10. Service suspension or cancellation
10.1 You may cancel your participation in the AICSA Marketplace at any time and for any reason by going to your account on the Website or by notifying us by email. You will not receive refunds. Cancellation of your participation in the Marketplace does not affect or terminate any obligations that you have accrued in accordance with this Agreement.
10.2 If you breach this Agreement we may take action that includes, but is not limited to: removing Your Profile from the Marketplaces; suspending or cancelling your access to the Marketplaces; referring such activity to appropriate authorities; and/or take such legal action as appropriate.
10.3 If your participation is cancelled or terminated, whether by you or us, we are under no obligation to return content to you. If you cancel your participation, note that content that is deleted may be irretrievable and Your Profile URL inoperable.