You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Copyright © Magicsell realty group PTY LTD Trading as Magicsell All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to us (as identified below) immediately. To be effective, the notification must include:
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
This site (excluding any linked sites) is controlled by us from our offices within the Victoria, Australia. It can be accessed from all 8 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Victoria, by accessing this site both of us agree that the statutes and laws of the State of Victoria, Melbourne without regard to the conflicts of laws principles thereof and the Australia Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Victoria with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@Magicsell.com.au, if by email, or at Magicsell Melbourne if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Please refer to vendor terms page on website.
Magicsell ("We" or "Us" or "Our") offers the use of its blogging and message board services (along with the content posted thereon, the "Services") subject to the terms and conditions of use (the "Terms") contained herein. All references herein to "We," "Us," or "Our" are intended to include Magicsell and any other affiliated companies. By accessing, creating or contributing to any blogs or messages hosted by us (the "Blog"), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.
Magicsell Realty Group Pty Ltd, The magicsell.com.au website (the "Site") is comprised of various web pages to provide real estate marketing and sales services in certain states of Australia in return for a fixed fee. Magicsell Realty Group Pty Ltd (hereinafter “we”, “us”, “our”, or “Magicsell”) and its' subsidiaries, including its' duly licensed estate agent entities (together, “Magicsell Group”) offer to the vendors (hereinafter “you”, “your”, “seller” or “vendor”) real estate property marketing and sales services through Magicsell’s online platform. Our fixed fee business model includes following sales methods: a) DIY – Sell yourself; b) Sell with Agent (Hire Magicsell Agent).
Magicsell Realty License:
New South Wales: 10072633
South Australia: RLA 290100
*Some exceptions to fixed fee model
may apply where vendor specifically requests for an alternative fee model.
Separate agreement will be signed in such exceptional cases.
Your use of magicsell.com.au constitutes your agreement to all such Terms.
PLEASE READ THESE TERMS CAREFULLY, AND KEEP
A COPY OF THEM FOR YOUR REFERENCE.
BY CLICKING “I AGREE” TO THESE “TERMS AND CONDITIONS”, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND
We may change these Terms and Conditions from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. We encourage you to review our Terms and Conditions from time to time for possible changes. Your use of our website after an update constitutes your agreement to the update.
Magicsell Group's business is primarily funded through Sale Authorities (“Agency agreement” or “Sale Authority”). You understand and agree to sign the Sale Authority with Magicsell which is necessary to support the real estate property marketing and sales services. In the event of inconsistencies between these terms and the terms of Sale Authority, the provisions contained in the Sale Authority shall prevail and are intended to supersede anything contained in these terms which are inconsistent with the Sale Authority.
To use our Website Services to sell yourself, Vendor must register himself/herself as a Seller. The Website will collect Vendor’s personal information in an online profile (“Profile”), viewable by vendor, the Website, and by other members under certain conditions provided in these Terms. A Vendor must provide truthful personal information as requested, including full name, address, email, phone number and other relevant information. Magicsell reserves the right, in its discretion, to approve or disapprove any vendor Account. Vendor must update his/her account immediately in case of any change of information, such as contact information or address.
In respect of vendor account information, vendor represent and warrant that: (a) vendor are of legal age; (b) vendor have the legal capacity to enter into these Terms; and (c) all information provided by vendor is true, accurate and not misleading, and will be maintained as such. If you provide any information that the Magicsell reasonably suspects is untrue, not current, misleading or incomplete, Magicsell may refuse any current or future use of the Website Services (or any portion thereof) by you. Also, you are responsible to maintain the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security.
Before the advertisement of your property on various property listing sites, you will provide Magicsell, the method of sale on which you’d like your property to sell for.
In case of Private sale you will provide Magicsell, the price you’d like your property to sell for and Magicsell agent will do market research and will let you know the estimate of your property. We will advertise the property on or above your price and our agents will negotiates on behalf of you with the prospective buyers to achieve a sale price as close to your price as possible.
7.1.1 Auction: In case of auction sale, Magicsell will organise an auctioneer on your behalf and you will provide Magicsell the reserve price for such auction. You acknowledge and agree that Magicsell will share relevant information to the auctioneer for such auction. Once the action commences, you will be legally obliged to sell the property to the highest bidder during the auction.
7.2 Sell Privately – Sell Yourself: In case of sell yourself, Your property will be listed on the various real estate sales websites and your ask price, the price you’d like your property to sell for, will be displayed on those websites.
YOURSELF (DIY) – SELL OR LEASE
Following services will be provided to you, when you choose Magicsell’s DIY model to sell your property:
(i) Online advertisement on realestate.com.au, domain.com.au & other portals. Your property ad will appear on realestate.com.au, domain.com.au & other property website(s). These are the websites we target for highest numbers of potential buyers.
(ii) Your property will also be listed on other real estate sales websites.
(iii) You will receive 24/7 customer support via email or phone in real time.
(iv) You will also receive sales advices from our expert real estate team.
Fees and Charges: You are required to pay AUD $699.00 as fixed agency fee before the listing of the property.
GST: Above fee is inclusive of GST.
Refund: Above fee is in Australian dollars and is non-refundable after listing of the property.
Following services will be provided to you, when you choose Magicsell’s DIY model to lease your property:
(i) Online advertisement on realestate.com.au, domain.com.au & other portals. Your property ad will appear on realestate.com.au, domain.com.au & other property website(s). Your property will also be listed on other real estate leasing websites.
(ii) You will receive 24/7 customer support via email or phone in real time.
(iii) You will also receive details of all potential tenants who enquire about your property.
You are required to pay AUD $189.00 as fixed fee before the listing of the property.
Refund: Above fee is in Australian dollars and is non-refundable after listing of the property.
TERMS AND CONDITIONS
These Terms, together with any other applicable terms and conditions of third party websites, governs in its entirety the relationship between Magicsell and the vendor in connection with the listing of property on various real estate sales websites for which vendor has paid a subscription. These additional listing terms includes, but are not limited to, the Acceptable Use policy of Realestate.com.au.
8.2.1 Our Services:
following services will be provided to you by Magicsell:
In most of the cases, all new listings will be verified in 2-4 hours but it can take up to a maximum of 24 hours. After verification of all listing material uploaded by vendor, Magicsell will list the real estate property on Magicsell portal and other third-party portals.
These prohibited vendor activities and actions are established to maintain listing services that is safe for buyers and fair for sellers and agents. Failure to comply with the terms of this policy can result in cancellation of listings, suspension from use of third party website, and the removal of advertisement. Following informations are prohibited in the description or the photos of vendor’s property:
You are responsible to maintain the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security.
: After payment of fees by vendor for a private sale, Vendor can take time to sell his/her property. Magicsell will list your property until it is sold/leased or de-activated from their listings.
Prior to the listing of vendor’s Property, the Magicsell may ask vendor to provide the Copy of Title Documents and other property related documents (including Copy of a council rates and Driver’s license) to confirm that vendor is the legal owner of that property. In the event, if the vendor decides to sell a property which is under the process of settlement with previous owner, a signed letter from the previous owner’s solicitor must be provided to Magicsell before listing of that property otherwise property will not be listed until the settlement.
You acknowledge that all information provided by you about your property is true, accurate and not misleading. Failure to comply with the terms of this section can result in cancellation of listings, suspension from use of third party website, and the removal of advertisement.
Certain portions of the Services may allow vendors to upload or otherwise provide to Magicsell images and photos of Vendor’s Property. For all such Images and Contents, Vendor represent and warrant that he/she is the creator and owner of the such materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Magicsell and other users to access and use such materials as necessary to exercise the licenses granted by vendor under these Terms.
Except as otherwise expressly provided in these terms, the Vendor shall provide response to buyer’s enquiries, requested from time to time, within a resonable time frame after receipt of written request therefor. If vendor is going away or is unable to respond buyer’s enquiries, Vendor must inform Magicsell by either phone, SMS or e-mail.
Listing Per Property:
Only one listing per property is allowed. If you have multiple properties, they will each require an individual listing.
8.2.11 Right To Delist: Magicsell reserves the right to add or delist the property from third party websites with or without notice to vendor. Magicsell, in its absolute discretion and without any explanation or notification, reserves the right to choose any third party listing service provider.
8.2.12 How Listing
According to the realestate.com.au website, the listings receives data in REAXML format, via FTP hosts. Magicsell has no control over your listing displayed on third party websites. Magicsell will attempt to resolve any issues where possible. Vendor must check the quality and content of his/her listings on the various third-party portals on a regular basis.
8.2.13 Behaviour: Magicsell does not give you any right to, and Vendor hereby agree not to do any harassment or discrimination of any kind or character, including conduct or language that: (a) is derogatory to any individual on the basis of race, gender, colour, religion, age, national origin, disability, sexual orientation, gender identity, or other protected class; or (b) creates an intimidating, hostile, or offensive environment (e.g., jokes, pranks, epithets, written or graphic material, or hostility or aversion toward any individual or group).
8.2.14 Breach of Terms: Failure to comply with the terms of this policy can result in cancellation of listings, suspension from use of third party website, and the removal of advertisement.
WITH AGENT (HIRE MAGICSELL AGENT)
Before signing sale authority for your property, conducting a property valuation is an essential step in the process. Valuations give you an estimate of how much your property should be worth based upon a number of different factors, giving you a good idea of the approximate marketing price when you decide to sell. Note that there are many factors that may have an effect on property value. Please note that, “Free Market Appraisal” is a non-binding guide to the potential market value of your Property.
Market Appraisal request:
You can submit Free Market Appraisal request through our online booking request form available on our website or via phone/email/in-person contact, please visit “Contact Us” section for more details. If your property is located in our sales coverage area, our agent will contact you for your free property appraisal. Additional information will be asked, if required. You acknowledge that all information provided by you about your property is true, accurate and not misleading. Once the Agent has completed the Appraisal, our agent will provide you an estimated market value report for your property which is based on the similar property sales in your area. You can also engage Magicsell Realty Group Pty Ltd to sell your property by signing Sale Authority.
Following services will be exclusively provided to you for a fixed fee, when you appoint Magicsell as your agents to sell your property by signing the Sale of Authority. Most of these services are provided as part of the Fixed Fee, however, some of these services require the payment of fixed additional amounts advised upfront:
184.108.40.206 We will provide you a dedicated licensed agent to appraise and manage inspection and sale of your property;
220.127.116.11 Your property will also be listed on real estate sales websites.
18.104.22.168 You will receive 24/7 customer support via email or phone in real time.
22.214.171.124 Our expert agent will negotiate with the potential buyers on your behalf;
126.96.36.199 We will provide you, for your property, an Independent Valuation from professional;
188.8.131.52 For sale of your property Professional photographs &Floor plans services will be provided to to you by a professional photographer;
184.108.40.206 We will also Create and Print Signboard and other Marketing materials for sale of subject property;
220.127.116.11 We will give you the access of Magicsell platform and its features and tools;
18.104.22.168 We will also provide the following services:
Fees And Charges: You are required to pay AUD $6999.00 [Plus AUD $650.00 in case of auction sales] as fixed agency fees upon settlement of the property transaction. All fees are in Australian dollars and are refundable in certain circumstances.
GST: All fees are inclusive of GST.
REFUND: No Sale – No Fees; except the following:
(i) Withdrawal by vendor during the exclusivity period, where a buyer has not been found, a fee of AUD $3000.00 will apply [Plus AUD $650.00 in case of auction sale].
(ii) Withdrawal by vendor after execution of sale contract; a fee of AUD $6999.00 will apply [Plus AUD $650.00 in case of auction sale].
(iii) Sale of property by vendor during the Sale Authority period; a fee of AUD $6999.00 will apply [Plus AUD $650.00 in case of auction sale].
If you choose to sell your Property by Auction Magicsell will need to instruct an Auctioneer. The Auctioneer, as authorised by the Magicsell acting for the Vendor, presents the Property for sale by auction on behalf of the Vendor. An offer to purchase the Property may be made by any person present in person or by proxy or representative (“Bidder”) by making a bid at auction. You must provide Magicsell the reserve price for such auction. Magicsell acknowledges that it will not publish the reserve price on any of the listing websites. Once the action commences, you will be legally obliged to sell the property to the highest bidder during the auction. If there is a dispute concerning bids made at auction, where the Dispute arises before or after the fall of the hammer or some similar indication that the Property is sold, then the Auctioneer will decide the Dispute in a way that he or she deems appropriate. The decision of the Auctioneer is final and gives rise to no claim by any person against another.
You are required to pay AUD $650.00 for arrangment of auctioneer.
Refund: Above fee is in Australian dollars. If a date for the auction sale has been booked via vendor; a fee of AUD $650.00 will apply and become non refundable.
If Magicsell changes the fees for all or part of the Services, including by adding fees or charges, Magicsell will provide you advance notice of those changes. If you do not accept the changes, Magicsell may discontinue providing the applicable part of the Services to you.
Magicsell’s authorized third-party payment processor (i.e. Stripe) will charge the fees upon settlement of the property. You authorize Magicsell to charge all fees as described in these Terms for its Services. If you pay any fees with a credit card, Magicsell may seek pre-authorization of your credit card account before settlement of the property to verify that the credit card is valid and has the necessary funds or credit available to cover our fees. If you think you have been incorrectly charged, get in touch with us immediately- email@example.com
Magicsell does not offer any solicitor/conveyancing services but may organize such services upon vendor’s request. Vendor will contact directly with the solicitor; and Magicsell will not be liable for any fees payable to solicitor by the vendor for his/her services. Alternatively you are free to appoint your own Conveyancer and also deal with that Conveyancer directly.
Magicsell will use its best endeavours to provide the Advertising Services and publish the Vendor’s Property Ad in accordance with these terms and conditions. Magicsell will publish and display such advertisements on various property portals. Before display, Magicsell will provide you with a copy of your Ad for your review and approval.
Photographs by professional
As per our Professional photographs &Floor plan services we will book your appointment with our professional photographer who will also prepare the floor plan of your property. It is the responsibility of vendor to ensure that photographer has full access to vendor’s property on the scheduled dates. Should photographer arrive and be unable to provide service due to lack of access, vendor will be charged full amount of photography services.
13.2 Signboards: Vendor acknowledges that Signboards will continue to be the exclusive property of the Magicsell. Vendor bears the entire risk of loss, theft, damage or destruction of the Signboards in whole or in part from any reason whatsoever, until the Signboards are returned to the Magicsell. Vendor will be charged full amount of Signboards in case of loss, damage or replacement of signboards.
13.3 Additional Advertising: Fees for all additional advertising will be charged separately.
Certain portions of the Services may allow vendors to upload or otherwise provide to Magicsell images, photos, video, data, text, and other content (“Vendor Materials”) related to the property. By uploading or otherwise providing such materials to the Services, you grant Magicsell an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Magicsell will not pay you for your materials or to exercise any rights related to your materials. Magicsell may remove your materials from advertisement at any time. You are solely responsible for all materials made through your account(s) on the Services or that you otherwise make available through the Services. For all Vendor Materials, you represent and warrant that you are the creator and owner of the such materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Magicsell and other users to access and use your materials as necessary to exercise the licenses granted by you under these Terms.
15.1 Inspection: Vendor shall permit buyer and our agent to enter the Property, at reasonable times after reasonable prior notice to Vendor and after prior notice to the tenants of the Property as required by the tenants' leases, to conduct inspections, tests, surveys and other investigations.
15.2 Keys: You agree to supply the Agent with one set of keys for all lockable doors, cupboards and areas that form part of your Property.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAGICSELL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAGICSELL MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAGICSELL HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
You agree to defend, indemnify and hold Magicsell and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials.
The use of the Website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of Australia without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Melbourne, Australia for any action or proceeding arising out of or relating to these Terms and Conditions.
You agree that no joint venture, partnership, employment relationship exists between you and Magicsell as a result of these terms. We may terminate your registration and/or deny you access to the Website or any part of it (including any services or information available on or through the Website) at any time in our absolute discretion and without any explanation or notification. If you want to terminate the Services at any time, you may do so by (a) notifying Magicsell and (b) closing your registered account for the Services that you use. Please send your termination notice at: firstname.lastname@example.org.
Upon termination for any reason or no reason: (i) all rights and licenses granted in this terms shall immediately and automatically cease; and (ii) Magicsell shall delete or destroy the Ads, Data and any other information (Confidential or Non-Confidential) of the Vendor.
These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Magicsell. No action of Magicsell, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of magicsell is authorized to waive it orally.
If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, property address, phone number etc. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Magicsell collects and uses Users personal information for the following purposes:
- To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
- To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
What information do we collect from the Advertisers?
When customers sign up or fill any leads to use our services or uses Magicsell’s portal, we collect Information such as the customer's name, email address, address, telephone number, billing information, property address and any other Information the customers may choose to provide to us on the platform.
We may also work with third party vendors to process payments to or from our customers on our behalf. These vendors currently include Stripe and are subject to change at any time. We will not have access to the Information you provide to these third parties, but we encourage you to visit their privacy policies to understand their practices.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
We may also disclose your information to third parties when we reasonably believe we are obligated to do so by law, and in order to investigate, prevent, or take action regarding suspected or actual prohibited activities, including but not limited to fraud and situations involving potential threats to the physical safety of any person.
We may transfer information to a successor entity in case of a corporate merger, consolidation, sale of assets or other corporate changes.
If you choose to sell property privately we do share some of your information to prospective buyers which is your name, phone, email, property address.
How long do we retain the information provided by the Advertisers?
If you create an account on our website, we will retain your information for as long as your account is active with us or for as long as you are receiving our services. After you have closed your account with us or ceased to use our services, we may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\'s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
For other queries like deactivation/deletion of the account and the information provided he/she can contact by emailing us at info @ Magicsell .com .au