1. Basic Terms
The youWish website is operated by youWish Group Pty Ltd (ACN 608 633 709) (“we”, “our” or “us”). Our goal is to provide a service that allows you to discover off-market homes that interest you and/or to showcase your home to others and to communicate with other users in that context. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor and will not censor user content, except in limited circumstances described below.
We do our best to keep youWish safe, but we cannot guarantee it. We need your help to keep youWish safe, which includes the following commitments by you:
- You will not post publicly or privately, unauthorised commercial communications (such as spam) on youWish.
- You will not collect users’ content or information, or otherwise access youWish, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on youWish.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not publicly or privately, post content that: is hate speech, threatening, or pornographic; incites violence; or contains graphic or gratuitous violence.
- You will seek our permission if you publicise or offer any contest, giveaway, or sweepstakes (“promotion”) on youWish.
- You will not use youWish to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of youWish, such as a denial of service attack or interference with page rendering or other youWish functionality.
- You will not facilitate or encourage any violations of these Terms or our policies.
- You will alert us if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings.
Accounts that are inactive for more than six months may also be removed without further notice.
These Terms may be updated by us from time to time without notice to you. In addition, when using particular youWish owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services which may be updated from time to time. If you are unsatisfied with these Terms as updated, you may terminate your agreement with us immediately by closing your account.
2. Description of Service
We currently provide Services to users which primarily includes access to a database of off-market homes which allows users to discover homes that are not otherwise accessible to potential buyers, and it allows Homeowners’ to post on youWish to showcase their homes and test whether there is sufficient interest in the domestic and international market to sell their home. It also allows users to connect to explore whether there is an possibility of the Homeowner deciding to put their home on the market for the right price. The Services also provides users with access to messaging services, blogs, subscription services, shopping services, search services and forums. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the service may include certain communications from us, such as service announcements, administrative messages and youWish Newsletters, and that these communications are considered part of youWish membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new youWish properties, shall be subject to the Terms. You understand and agree that the Service is provided “as is” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
We do not specifically recommend or endorse any particular home, homeowner, or any other provider or service on youWish.
3. Warranties and disclaimer
By showcasing your property on the YouWish website, you warrant to us that:
- Your property is not currently actively for sale, including but not limited to the following:
– You are not advertising the property with any real estate agent;
– You have not listed the property on realestate.com.au, domain.com.au or any equivalent;
– No ‘For Sale’ signage appears on the property; and
- You are only using the service to showcase your property to determine current market prices for your property and that, at most, you would be willing to entertain the possibility of selling were you to be contacted with an attractive offer; and
- You will be fair and honest in all your descriptions of your property and will not seek to mislead or deceive any person.
If, at any time, you decide to actively market your property for sale, you may be under an obligation to prepare a contract of sale under section 66R of the Conveyancing Act 1919 (NSW) or equivalent legislation in other States and Territories. It is your obligation to check and comply with the relevant laws in your State or Territory. This means if you enter into serious negotiations with a prospective buyer you may need to have available a contract of sale with all the necessary attachments required by law. We recommend you seek independent legal advice before entering into serious negotiations with any prospective buyer who contacts you through the YouWish website.
We disclaim all liability, whether under tort, statute, contract, equity or any other theory of liability, for any loss, liability, cost, or expense suffered by you as a result of your failure to comply with any laws relating to the advertisement of your property or from your breach of the above warranty.
You acknowledge that users of the Service are only permitted to connect with home owners to exchange home related information, tips and advice, as well as enquire about the possibility of putting the home on the market. Users are strictly not permitted to purchase or sell a home through the Service, and if you decide to enter into serious negotiations to buy or sell a showcased property, you must do so outside the Service. If you are negotiating to buy a showcased property, we recommend you inspect the property and engage appropriate legal advice. If you are negotiating to sell your property, we recommend you engage a lawyer or conveyancer to advise you on your legal obligations and to assist you with the preparation of any legal documents such as a compliant contract including any required attachments.
You must sign-up on our website to create an account and use the Service. When you sign-up, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
When you sign-up you may choose to purchase a subscription package and this will determine your level of access to the Service. You will have access to any part of the Services that are subscription-based from the time you have completed the registration process and paid any subscription fee until the subscription period (if any) expires (the “Subscription Period”).
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
5. Personal password and security
When signing-up for an account on our website, you will be asked to nominate a password and account name. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Payment of subscription fees
Where you select a subscription package which requires payment of a subscription fee, you may make payment through your debit or credit card, or Stripe. To effect payment, we will ask you for details of the card or account for your nominated payment method.
You are responsible for ensuring that you have sufficient funds in your nominated payment method. If we are unable to process payment of a subscription fee for any reason, including but not limited to, your nominated card or account being expired or cancelled or there being insufficient funds in the account associated with your nominated card, you are liable for any fees and charges imposed by your nominated card issuer or payment provider.
You acknowledge and agree that we may vary the subscription fee at any time, and that subscription fee will come into effect following the expiration of your Subscription Period.
7. Refund Policy
To the maximum extent permitted by Australian Consumer Law, we will only provide you with a refund of the subscription fee in the event we are unable to provide the Services, or otherwise at our sole discretion. The amount of any applicable refund will be calculated on a pro-rata basis.
9. Member conduct
You understand that all information, data, text, photographs, graphics, or other materials or other Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not youWish, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a youWish official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, ASIC, any rules of any national or other securities exchange, including, without limitation, the Australian Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. harass another member; or m. collect or store personal data about other users.
You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.
You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect our rights, property, or personal safety or of its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10. Special admonitions for international use
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
11. Content submitted or made available for inclusion on the service
We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the youWish network of properties that are intended by us to be available to the general public.
12. Copyright infringement
We make no representations or warranties with respect to the ownership of, or copyright in, content on this website uploaded, linked or otherwise disseminated by users of our service and in no way represent others who claim to be authors, creators or owners of copyright or other rights thereto. You shall obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright or other use restrictions, intangible rights, or related interests for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity and defamation.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
You agree that if you find any offending information on the youWish website, you will immediately contact us via the ‘Contact Us’ available on the website or ‘Report’ function and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities You also agree that we have 24 business hours to remove the offending material.
14. No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your youWish account), use of the Service, or access to the Service.
15. General practices regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on youWish’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
16. Modifications to service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your youWish account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions)(d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your youWish account includes (a) removal of access to all offerings within the Service, (b) removal of access to the account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
18. Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You must confirm the details of the advertised deal on youWish with the advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
20. Our proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
21. Disclaimer of warranties
You expressly understand and agree that:
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. To the extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and Non-infringement.
- We make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from youWish or through or from the Service shall create any warranty not expressly stated in the Terms.
- Due to the global nature of the internet, users outside of Australian jurisdiction may access youWish.
22. Limitation of liability
You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
23. No third party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement.
We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
25. Trademark information
The youWish logo, trademarks and service marks and other youWish logos and product and service names (the “youWish Marks”) are trademarks of youWish Group Pty Ltd. Without the prior permission of youWish Group Pty Ltd you agree not to display or use in any manner, the youWish Marks.
26. General information
Entire Agreement – These Terms constitute the entire agreement between the parties and govern your use of the Service, superseding any prior agreements between the parties. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other youWish services, affiliate services, third-party content or third-party software. Choice of Law and Forum – These Terms and the relationship between the parties shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Sydney, New South Wales. Waiver and Severability of
Terms – Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and
Non-Transferability – You agree that your youWish account is non-transferable and any rights to your youWish account or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles – The section titles in the Terms are for convenience only and have no legal or contractual effect.