TERMS AND CONDITIONS

Thank you for visiting our website and/or App www.syoh.com.au (“Website”). This Website is owned and operated by Syoh Australia Pty Ltd (ABN 95 623 712 774) (“syoh”). By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (“Terms”).

In these Terms, 'us', 'we' and 'our' means syoh and our related bodies corporate.

1. Definitions
   1. 1. Property means the Vendor’s property which is listed for sale on the Website.
      2. Purchaser means users of the Website to search for a Property.
      3. Vendor means the owner of a Property listed to be sold on the Website.
2. Acceptance of Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you. syoh has the right to modify the policies, conditions, payments and Terms at any time.

3. Collection Notice

We collect personal information about you in order to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.

If you would like any further information about our privacy policies or practices, please contact us at support@syoh.com.au.

4. Accuracy, completeness and timeliness of information

The information on our Website is not comprehensive and is intended to provide a summary of the Property. Third parties are permitted to post content on our Website. 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, products or services 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.

You agree that you will not hold us responsible for any damage cased directly or indirectly as a result of the products and/or services which originated through the Website. We make no representations or warranties in relation to the Vendors, the Purchasers or the Properties.

5. No real estate agent service

We do not act as your real estate agent and your listing is not exclusive with us. We provide the Website to facilitate in the process of you selling the Property online, but we are not involved in or have control of the interactions between Vendors, Purchasers and site users. We recommend that you own advice.

6. No legal advice

We do not provide you with any legal advice in relation to the sale or the purchase of a Property. We recommend that you obtain your own independent legal advice.

7. Vendor’s Obligations
   1. 7.1
      1. All Vendors must be the legal owner of the Property being advertised or have the legal entitlement to sell the Property. Vendors may be required to provide proof of Property ownership (such as your Council Rates Notice) and proof of identification before listing or marketing a Property.
      2.  
   2.  
   3. 7.2
      1. Vendors are responsible completing any documentation requested by syoh, prior to the Property being listed on the Website.
   4.  
   5. 7.3
      1. Where required, the Vendor must upload accurate documents related to the Property (eg House Plans, Compliance Certificates etc).
   6.  
   7. 7.4
      1. The Vendor must accurately and to the best of their knowledge and belief describe the Vendor’s Property. The Vendor must disclose this information during the registration process and may update the details. This information may include text, pictures, photographs, location, conditions and/or limitations.
   8.  
   9. 7.5
      1. The Vendor must reply to all messages, emails and phone calls to Purchasers utilising the Website as soon as practicable ordinarily within 48 hours.
   10.  
8. Registration for a Vendor
   

   Vendor’s must register on the Website in order to list their Property. As part of the Vendor’s registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your:

               a) Property

               b) email address
               c) preferred username

               d) telephone number

               e) password

               f) passport or licence

               g) address

You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date.

To create an account, you must:

1. possess the legal right and ability to enter into a legally binding agreement with us; and
2. agree and warrant to use the Website in accordance with these Terms.

We reserve the right to reject a registration or remove a profile from the Website at any time at our discretion.

9. Purchaser’s Obligations
   1. 1. The Purchaser should make their own inquiries and conduct their own due diligence in relation to the Property.
      2. We recommend that the Purchaser should:
         1. inspect the Property;
         2. obtain its own legal advice;
         3. obtain its own valuation of the Property;
         4. obtain a builder’s certificates;
         5. obtain appropriate insurance in relation to a Property; and
         6. conduct its own due diligence in relation to the Property.
10. syoh’s Services

We enable Vendors to register with the Website in order to list, market and sell their Property.

We provide the following:

1. the Vendor receives professional photography of their Property;
2. professional signboard which is installed at the Property;
3. the Property is listed on www.syoh.com.au;
4. there will be paid advertising of the Property through social media;
5. a Settlement professional fee is included.

You are responsible for your own legal fees, any disbursements, outstanding rates, duties and all other costs and expenses in relation to the sale of your Property.

11. The Matching Process
    1. 1. The Website is a marketplace to connect Vendors and Purchasers in relation to Properties.
       2. The parties acknowledge that syoh is not a party to any dealings, transactions or supply with services between the Purchaser and the Vendor.
       3. A Purchaser may request to inspect a property of a Vendor through the Website.
       4. The parties acknowledge that syoh does not provide real estate services or function as a real estate agent.
12. Payments
    1. 1. By us offering the services to you, you agree that we may receive a payment (the “Fee”). In using the Website or when making any payment, you warrant that you have read, understood and agree to be bound by the Terms.
       2. All Fees are subject to change at any time. All Fees are in Australian Dollars and are inclusive of GST. We reserve the right to reject your Property listing within 14 days.  A refund will be processed if your order is rejected.
       3. Where the option is given to you, you may make payment for the services by way of a third-party electronic payment system embedded in the Website. The payment system being used is Stripe (“Stripe”) and the user of this system is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service
       4. All payments made in the course of your use of the Website are made using Stripe. In using the Website or when making any payment in relation to your use of the services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
       5. You acknowledge and agree that where a request for the payment of the Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.
13. Obligations of Users

You must comply with the following:

a. You will use the Website only for purposes that are permitted by:

1. 1. 1. 1. the Terms; and
         2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

b. You will ensure that interactions between all users must be respectful and courteous. If at any time you feel the interactions between the Vendor or Purchaser are inappropriate, please report these to us immediately via our support channels.

c.You acknowledge that we do not have any control over or take any responsibility for the interactions between users. We reserve the right to cancel any user’s registration for behaviour deemed to be abusive or inappropriate.

d. you will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website;

e. You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;

f. You will not interfere (or attempt to interfere) with any security-related or other features of our Website;

g. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;

h. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;

i. you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

j. You will not use the services or Website for any illegal and/or unauthorised use;

k. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and

l. you acknowledge and agree that any automated use of the Website or its services is prohibited.

m. You acknowledge that any activity we deem to be prohibited including offensive or threatening behaviour towards our staff or users will result in the termination of your account without any refund.

n. You acknowledge that 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.

14. Exclusion of competitors

You are prohibited from using our Website, including the Content, in any way that competes with our business.  Any user of our Website cannot solicit business through the listings on behalf of our Vendors. Any contact made with our Vendors through our Website, by telephone or e-mail must only be for potential purchase of their Property.   

15. Information

The information about the Properties listed on the Website is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Properties, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

We are not liable to you or anyone else if interference with or damage to you or your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions in utilising any information on our Website.

16. 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.

17. 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 licensors.

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.

Advertising and Promotion

The Seller authorises syoh to take, collect and use photogaphs of a seller's listing to reproduce and publish, with or without printed text, at syoh's discretion for the purposes of advertising and promition of the syoh platform. The Seller agrees that syoh may use such advertising and promotional material, for any lawful purpose, including but not limited to publicity, illustation, advertising and web content. The syoh platform retains all Copyright in any advertising or promotional material used.  

18. 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:

1. any act that would constitute a breach of the law in the relevant jurisdiction;
2. 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;
3. using this Website to defame or libel us, our employees or other individuals;
4. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
5. 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.

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.

19. 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, we make no representations or warranties about our Website or the content, including (without limitation) that:

a. It is complete, accurate, reliable, up-to-date and suitable for any particular purpose;

b. Access will be uninterrupted, error-free or free from viruses;

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.

You acknowledge that the Website is intended to facilitate the interactions between different parties. We hold no liability to you as a result of any conduct of the parties or the misuse of your content by any party.

20. Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

You agree to indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) our use of your Content; or (iv) your violation of the rights of any third party.

21. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.