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Terms & Conditions

Effective Date: 19 October 2025
Business: Best Buyer’s Agency Newcastle, ABN:  52 520 939 473

Website: www.bestbuyersagencynewcastle.com.au

1. Introduction

1.1 These Terms & Conditions (“T&Cs”) govern your use of our website and services provided by Best Buyer’s Agency Newcastle (“we”, “us”, “our”).
1.2 By accessing or using our website or engaging us for our buyer’s agency services, you agree to be bound by these T&Cs. If you do not agree, you must not use our website or engage our services.
1.3 Our services are provided in Newcastle and Lake Macquarie, New South Wales, Australia, and these T&Cs are governed by the laws of NSW and the Commonwealth of Australia.

2. Definitions

  • “Client” or “you” means the individual or entity engaging us for our services.

  • “Services” means the buyer’s agency services we provide (for example: property search, negotiation, purchase assistance, advice) as outlined in our engagement agreement.

  • “Engagement Agreement” means the contract between you and us setting out the scope of our services, fees, and other relevant terms specific to your matter.

  • “Website” means www.bestbuyersagencynewcastle.com and any associated pages, interfaces, and content.

3. Engagement & Services

3.1 We agree to provide the Services described in the Engagement Agreement. The scope, fees, deliverables, and timeline will be specified in that Agreement.
3.2 You agree to provide us with accurate, complete and timely instructions, information and documents that we reasonably require to perform the Services.
3.3 We may rely on information you provide without independent verification unless otherwise specified.
3.4 We do not guarantee any specific outcome (for example: successful property purchase, price, or timeframe) unless explicitly stated in the Engagement Agreement.

4. Fees, Payment & Refunds

4.1 Our fees for the Services will be as set out in the Engagement Agreement. You agree to pay the fees according to the payment schedule specified.
4.2 Unless otherwise agreed, all fees are exclusive of GST (if applicable) and you agree to pay any taxes, duties or charges associated with the Services.
4.3 If you cancel the Engagement Agreement or we terminate for your default, you may be liable for fees for work already performed plus any reasonable costs or expenses incurred.
4.4 Refunds: In line with the Australian Consumer Law, statutory consumer guarantees apply and cannot be excluded. If you believe you are entitled to a refund, replacement or compensation under ACL, you must notify us in writing. We will assess the claim in accordance with these T&Cs and applicable law.
4.5 Late payment: If you do not pay by the due date, we may suspend services, charge interest, and/or recover our costs in doing so.

5. Your Obligations and Conduct

5.1 You agree to use our Services and Website lawfully and in good faith.
5.2 You must not:

  1. engage in fraudulent or misleading conduct;

  2. infringe any intellectual property rights, privacy rights, or other legal rights of any third party;

  3. upload or transmit any material that is defamatory, obscene, illegal or harmful;

  4. interfere with or impair the integrity or performance of our Website or Services.

5.3 We may suspend or terminate services if you breach these T&Cs or if we reasonably suspect you have done so.

6. Intellectual Property

6.1 All intellectual property rights in our Website, content, materials, reports, tools and processes (“Materials”) are owned by us or our licensors, unless otherwise stated.
6.2 You are granted a limited non-exclusive licence to access and use the Materials for the purpose of receiving our Services. You must not reproduce, modify, distribute, publish or exploit the Materials for any other purpose without our prior written consent.
6.3 If you provide any content, feedback, ideas or materials to us, you grant us a perpetual, irrevocable, royalty-free licence to use those in connection with our Services.

7. Limitation of Liability & Disclaimers

7.1 Nothing in these T&Cs excludes, restricts or modifies any non-excludable statutory rights you may have under the ACL or any other applicable law.
7.2 To the full extent permitted by law, our total liability to you for any claim arising out of or in connection with the Services or our Website is limited to the fees you paid us for the Services.
7.3 We are not liable for any indirect, special, consequential or punitive losses, even if advised of the possibility of such loss.
7.4 We make no warranty that our Website or Services will be uninterrupted, error-free or completely secure. We are not responsible for any third-party websites, links or material accessed via our website.

8. Privacy & Data Protection

8.1 Our Privacy Policy [link to Privacy Policy] forms part of these T&Cs. By engaging our Services or using our Website you acknowledge that you have read, understood and agree to our Privacy Policy.
8.2 You consent to us collecting, storing, handling and using your personal information for the purpose of providing the Services, communicating with you, administering our business and complying with legal obligations.

9. Termination

9.1 Either party may terminate the Engagement Agreement (and thereby our Services) by providing 21 days written notice to the other party, subject to any termination provisions in the Engagement Agreement.
9.2 Upon termination, we may charge for work performed up to termination date, retain rights to materials provided, and you must pay any outstanding fees and costs.
9.3 We may suspend or terminate your access to our Website or Services immediately if you breach these T&Cs, become insolvent or otherwise engage in conduct we reasonably consider unacceptable.

10. Changes to these Terms

10.1 We may revise these T&Cs from time to time. The updated T&Cs will be displayed on our Website, and you should review them regularly.
10.2 Your continued use of the Website or our Services after the effective date of a revised version constitutes acceptance of the revised T&Cs.

11. Governing Law & Dispute Resolution

11.1 These T&Cs and any Engagement Agreement shall be governed by and construed under the laws of New South Wales, Australia.
11.2 You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
11.3 Where a dispute arises, we agree to first attempt to resolve the matter via good faith negotiation and/or mediation before resorting to litigation.

12. General

12.1 If any provision of these T&Cs is held invalid or unenforceable, the remainder of the provisions continue in full force and effect.
12.2 A waiver of any right under these T&Cs is only effective if in writing and signed by the party granting the waiver.
12.3 We may assign or subcontract the provision of the Services, but we remain responsible for their performance under the Engagement Agreement.
12.4 You cannot assign or transfer your rights or obligations under these T&Cs without our prior written consent, except to a related entity.

Contact Information:

Best Buyers Agency Newcastle
Email: www.bestbuyersagencynewcastle.com.au
Phone: 0406 252 412

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