Terms Of Use

Inquyr

Site Terms of Use


Introduction

1. These terms govern the use of the Inquyr Site.  They do not govern the sale or purchase of real estate. 

2. Inquyr: 

    (a) Is not a real estate agent and it does not provide the services of a real estate agent. 

    (b) Is not an auctioneer and it does not provide the services of an auctioneer.

    (c) Is not a legal practice and it does not provide legal advice or legal services.

3. The Inquyr  Site is an online platform which allows:

(a) Owners to list their property for sale, engage in negotiating for the sale of their property and if they reach agreement with a buyer, to sell their property.

(b) Potential buyers identify sellers of properties and engage in negotiations to buy a property, and if they reach agreement with the seller, to buy the seller’s property. 

4. The User agrees to these terms of use by pressing the “I agree” button at the end of these terms.  

Term


5.    Inquyr may terminate or restrict the User's access to or use of the Inquyr Site for any reason and at anytime.  
 

Registration


6.   To use the Inquyr  Site a potential User must first register an account by going to www.Inquyr.com.au/register  and following the instructions on that site. 
7.    Inquyr may change registration requirements at anytime and in any way, at its discretion.
 
 

Verification of Identity


8.    The User must verify their identity by using the identity verification method nominated by Inquyr form time to time. Where that method is by using the services of Verifi Identity Services Limited (Verifi), the User agrees to Verifi collecting information from the User in accordance with Verifi's policies and procedures as set out on Verifi's website (www.verifidentity.com) and as amended or supplemented from time to time, including its data retention and privacy policies.  

9.    Inquyr may change the way verification of identify is to be undertaken at anytime and in any way, at its discretion.  

10.    The User is informed that the service used for identify verification is not owned by Inquyr. 

11.    The User guarantees that the information the User supplies to the Inquyr Site and to verify their identify is accurate and complete. 
 
12.    The identification checks conducted using the Inquyr platform do not constitute ‘verification of identity’ for the purposes of the model participation rules published by the Australian Registrars National Electronic Conveyancing Council
 

Information and its use


13.    Without limitation to Inquyr's privacy policy, Inquyr may use, disclose or otherwise deal with User provided information in the following ways:
Information Use or disclosure
Evidence of identity To verify identity
User’s name and property address To advertise the property and allow Users to contact each other
User’s name, address, Email address and contact details To allow Users to communicate with each other. To allow User’s lawyers and conveyancers to communicate with Users. To allow User’s real estate agents to communicate with Users. To allow Inquyr and those persons authorised by it, to communicate with Users. To allow Inquyr’s referral parties to communicate with Users
 
14.    The User agrees to Inquyr collecting, using, holding and disclosing personal information about the User in accordance with Inquyr's privacy policy.  

15.    Inquyr's privacy policy can be found at www.Inquyr.com/privacy-policy

16.    Unless otherwise required by law, Inquyr:
         (a)    may remove any information from the Inquyr Site at its discretion; and
         (b)    is not required to remove or alter any information on the Inquyr Site. 

17.    Inquyr may use cookies (a tracking code in the User's browser).  The User may manage how the User deals with cookies via the User's browser settings.  
 

Fees


18.    Access to and use of the Inquyr Site by potential buyers of property is free. 
 
19.    Access to and use of Inquyr Site by sellers of property is for the fees, payable at the time and in the way as published by Inquyr from time to time.  Inquyr may change one or more of the fees, time for payment and method of payment at any time and from time to time, provided not less than 14 days notice for a change in fees or time for payment is provided to Users (which may be by way of notice on the Inquyr Site).  
 
20.    Any change in fees or change in time for payment of fees does not apply to any seller's property which has been listed with Inquyr before the change is to come into effect.    
 
21.    For current fees, when fees are payable and how payment is made see: https://Inquyr.com/fee-policies 
 

Refund of Inquyr's Fee

 
22.    Subject to conditions 23 and 24, the fee paid to Inquyr by the registered User of the seller for the sale of a property will be refunded for that property where the sale does not complete and has been validly terminated because the sale agreement is subject to one or more of the following conditions: provision of finance, an acceptable inspection report, or the sale of another property, and such condition was not satisfied.  
 
23.    Any refund of fees does not extend to the fees paid to third party service or goods providers, for example for verifying identity, or the provision of marketing materials, marketing advice, furnishings or advertising.  
 
24.    To qualify for a refund of the Inquyr fees under clause 22,:
         (a)    the registered User of the seller must send to Inquyr a letter or email from the seller's lawyer or conveyancer which sets out the condition which has not been met, confirms that the condition was not met and that as a consequence, the seller sale agreement was validity terminated and the date of termination of the agreement; and 
         (b)    the letter or email must be received by Inquyr within 30 days of the date of termination of the seller's property sale agreement. 
         Claims for a refund must be sent to support@Inquyr.com
 
Referrals
 
25.     Inquyr may receive commissions for third party contractors for referring Users to them to obtain products and services.
 
26.     Inquyr proivies no representation, warranty or guarantee as to the suitability of those third party contractors or the quality of the products and services that they provide.
 
Electronic communication and signing
 
27.    The User agrees to:
         (a)    to receiving documents uploaded to the Inquyr Site in relation to a property on the Inquyr Site by way of electronic communication;
         (b)    to documents uploaded to the Inquyr Site in relation to a property on the Inquyr Site being signed and any signature being witnessed, by hand or using an electronic signature, or by other electronic means; and
         (c)    that the User must satisfy themselves that any such document when electronically communicated or electronically signed, is validly and effectively communicated or signed.
 

Legal Effect 


28.    The Inquyr Site gives sellers and buyers the opportunity to sell and buy real estate properties.  However Inquyr gives no warranty, guarantee or assurance that an enforceable agreement will be reached between any seller or buyer.
 
29.    Whether an enforceable agreement is reached depends on factors outside Inquyr's control. 
 
30.    Inquyr does not provide any warranty, guarantee, assurance or advice about: 
         (a)    the content, accuracy or completeness of any disclosure document, sale agreement, guarantee or indemnity or any document uploaded onto the Inquyr Site by any user of the Inquyr Site, or their lawyer, conveyancer or agent;
         (b)    the lawfulness or validity of any terms of, or proposed terms of any sale agreement; or
         (c)    the effectiveness of the way any disclosure document, sale agreement, guarantee or indemnity is signed or executed; or
         (d)    the validity or enforceability of any sale agreement or guarantee or indemnity.


Inquyr application


31.    The Inquyr Site:
         (a)    is only to be accessed using the internet; and
         (b)    can be upgraded, altered, amended and features added, varied or removed by Inquyr at anytime. 
 

Licence


32.    By agreeing to these terms and conditions the User is granted a limited, non-exclusive and revocable licence to access and use the Inquyr Site in accordance with:
         (a)    these terms and conditions; and
         (b)    the Use Rules. 
 
33.    The User must keep the User's username and password secure.  
 
34.    The User must not do anything which compromises the security or usability of the Inquyr Site.  
 
35.    The User must comply with all laws that apply to the User's use. 
 

Links


36.    Inquyr gives no assurance, warranty or guarantee about:
         (a)    the authenticity or identity of any link; or
         (b)    the nature, quality or reputation of any service provider available via any link. 
 

Use Rules

 
37.    Inquyr may change the Use Rules at anytime. 
 
38.    The Use Rules apply on www.Inquyr.com/rules-of
 

Interruption


39.    User functionality or access to Inquyr Site may be interrupted or adversely affected by acts, matters or things which are not within the reasonable control of Inquyr. 
 
40.    Inquyr is not responsible in any way for any such interruption or adverse effect, including the consequences of any such interruption or effect. 
 

Severability

41.    If any provision of these terms are held invalid, unenforceable or illegal for any reason, the terms remain otherwise in full force apart from such provisions which shall at the election of Inquyr, be read down to the extent necessary to remove such invalidity, unenforceability or illegality or be deemed deleted.
 

Definition and general


42.    The following terms mean:
         (a)    Inquyr Site means the site located at www.Inquyr.com.au; www.Inquyr.com
         (b)    Use Rules means the rules that Inquyr makes and applies to the Inquyr Site from time to time;
         (c)    User means a registered user of the Inquyr Site. 

43.    The laws of Victoria apply to these terms.  
 

Acceptance


44.    If the potential User agrees to these terms check the box below and click "Register"