Timeshare Brokers Pty Ltd WEBSITE Terms and Conditions of Use
www.timesharebrokers.com.au (Website) is providing a listing service only which allows you to post information about an interest in a timeshare share scheme that you are offering for sale (Timeshare Listing) or to contact a person who a posted a Timeshare Listing (Seller). We, Timeshare Brokers Pty Ltd ACN 001 566 221 (Timeshare Broker, we, our and us), may be a Seller and post a Timeshare Listing for interest in a timeshare share scheme which we own. Any person who uses or makes decisions based on information provided on this Website does so at their own risk.
If you do not agree with these Terms and Conditions of Use do not use this Website. By posting a Timeshare Listing, seeking to contact a Seller (including us, where we are a Seller), or using or making a decision based on the information provided on this Website in any manner, you acknowledge and agree to these Terms and Conditions of Use.
Information about Timeshare Listings are provided on an ‘as is’ basis, as supplied to Timeshare Broker Pty Ltd ACN 001 566 221 (Timeshare Broker, we, our and us). We do not, and our officers, employees or agents do not, warrant, represent or guarantee the completeness, accuracy or reliability of any Timeshare Listing or any other information supplied to us that is provided on this Website.
All Timeshare Listing information is the sole responsibility of the applicable Seller. Sellers are also responsible to attend to all enquires pertaining to their Timeshare Listing. If we are the Seller and you contact us about our Timeshare Listing, we will disclose this to you.
In particular, if you are considering purchasing an interest contained in a Timeshare Listing or contacting a Seller(Buyer), you agree and acknowledge that we do not recommend, vet, endorse or guarantee any:
(a) Timeshare Listing;
(c) Seller’s entitlement to sell or dispose of the timeshare scheme interest referred to in their Timeshare Listing (except where we are the Seller); or
(d) timeshare scheme to which a Timeshare Listing relates (including that the operator of the scheme will register a transfer of an interest referred to in a Timeshare Listing).
Buyers are responsible for undertaking their own investigation about any timeshare scheme in which they propose to acquire an interest as a result of a Timeshare Listing, the rights and obligations attaching to such interest (including obligation to pay levies and other amounts), and the Seller’s right to sell or dispose of such interests (including any terms and conditions applying to such sale or disposal).
If you are a Seller, you agree and acknowledge that we do not vet any Buyer or their ability to fund the purchase of your timeshare scheme interest nor do we represent or guarantee that the Buyer will be permitted by the operator of your timeshare interest to purchase your interest.
We do not participate in or assist in negotiating, and are not responsible for, any sale or transfer that may arise from a Timeshare Listing (except for a Timeshare Listing where we are the Seller, in which case we will have the obligations of a Seller as outlined below).
The Seller and Buyer are responsible for negotiating the terms (including price) of any sale or purchase of timeshare scheme interests, duly executing and (if applicable) stamping any transfer, ensuring the transfer requirements of the operator of the relevant timeshare scheme are complied with, arranging for payment of the purchase price or any other consideration.
Except for a Timeshare Listing where we are the Seller, our role is limited to facilitating the introduction of potential Buyers to Sellers in accordance with these Terms and Conditions of Use.
If you decide to purchase a timeshare interest from us as Seller, we will act as counterparty in the purchase, and any negotiation of the terms (including price and costs relating to the transfer of timeshare) of the purchase will be with us. Payment of the purchase price or any other consideration for such interest will be made to us.
We reserve the right to make changes to the services described in this Website and to these Terms and Conditions of Use at any time without prior notice.
Unless otherwise specified, we do not engage in any direct sales efforts, nor do we utilize any other types of media.
We do NOT provide broking or agency services. We only post Ad Content on our website. We do not otherwise market timeshare, nor will we be performing any actions related to a transfer of timeshare, including the review of title, the request of estoppel letters, the escrowing of funds and the acknowledgement of transfer by the timeshare club or timeshare resort's owners association and sellers should negotiate any sale or transfer of their timeshare, and any costs relating to the transfer of timeshare will be the responsibility of parties to the transaction (i.e. seller / buyer).
2. ACCESSING THE TIMESHARE BROKERS SERVICES
(a) You must have a Timeshare Brokers Account linked to a valid credit card with a billing address in Australia or New Zealand or as otherwise agreed to by Timeshare Brokers, to access the Timeshare Brokers Services. You can set up a Timeshare Brokers Account via the Timeshare Brokers Website at timesharebrokers.com.au.
(b) Timeshare Brokers may deny you access to your Timeshare Brokers Services, or suspend or cancel your Timeshare Brokers Services.
(c) You will be responsible for all costs and any other charges or expenses charged by Timeshare Brokers in relation to your use of Timeshare Brokers Services. Please contact Timeshare Brokers should you have any queries or require further details.
(d) The Timeshare Brokers Services is provided using the internet. As a result, the quality and availability of Timeshare Brokers Services may be affected from time to time by factors that are outside of our reasonable control, such as technical faults in computers, the services or networks of a third party telecommunications provider and/or internet service provider. We will use our reasonable efforts to provide Timeshare Brokers Services to you but if it is suspended, interrupted or not available for these reasons, we will not be responsible.
3. USING TIMESHARE BROKERS SERVICES
(a) You must follow our reasonable instructions about how you use Timeshare Brokers Services. You must not use Timeshare Brokers Services for any improper or unlawful purpose and you must not allow anyone else to do the same.
(b) You are not permitted to copy, record, reproduce, republish, post, broadcast, transmit or make any Timeshare Brokers Services content available to any other person or authorise or assist anyone else to do so, unless we permit you to do so.
(d) We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of Timeshare Brokers Services by you or any one you have allowed to use Timeshare Brokers Services.
Sellers can cancel their subscription services at any time by logging into their online account on the Timeshare Brokers website, If cancelled before the end of the initial free trial period of 30 days*, then no subscription will be charged or refunded. If cancelled before the end of any subsequent monthly subscription period, the subscription will not be renewed. Any amounts for the remaining time of the then current subscription period will not be refunded.
You may re-subscribe for Timeshare Brokers Services at any time via your Timeshare Brokers Account on the Website, however you may no longer be eligible for a free trial period and any other benefits under the initial agreement.
*a processing fee of less than 10 cents will be charged during the free month of advertising to establish a Timeshare Brokers account and verify credit card details.
5. GENERAL ADVICE WARNING
The advice on this Website about interests in timeshare schemes is general because it has been prepared without taking into account the objectives, financial situation or needs of any person. You should consider the appropriateness of the advice in light of your own objectives, financial situation or needs before acting on the advice.
By using this Website, you agree to these Terms and Conditions of Use and release us from liability for all loss or damage, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, your use of the services we provide, and any information that you provide to us via this Website.
7. LINKS TO THIRD PARTY WEBSITES
The Timeshare Brokers Services may present links to third party websites not owned or operated by us. We are not responsible (and expressly disclaim any liability) for the availability of these sites or their contents.
9. LOG FILES AND COOKIES
Like other websites, this Website makes use of log files. Log file information may include internet protocol (IP) addresses, browser details, Internet Service Provider (ISP), date and time of access, referring and exit pages and number of clicks. This information is gathered for trend analysis purposes and to facilitate the administration of the Website. This type of information is not associated with, and cannot be used to, identify you or access your Personal Information.
10. USE OF GOOGLE ANALYTICS
This Website uses Google Analytics for statistical traffic measurement purposes only. Google Analytics is a web analytics service provided by Google Inc. (Google). For further information you should refer to Google's own Terms of Service (https://www.google.com/analytics/terms/us.html).
(a) Responsibility for ad content
(a) our terminating or suspending the seller’s account or their Agreement; and/or
(b) delays in selling the advertised timeshare.
(b) Classification of content on Timeshare Brokers Website
Content classifications will be displayed with each piece of applicable content available on Timeshare Brokers website. You accept full responsibility for reviewing all classification information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, other viewers of the content. Where you allow children or young people to view content via the Timeshare Brokers website, you are responsible for making sure that the content is suitable for them.
(c) Notices and Revisions
(a)(a) Notices will be given by electronic communication and via the Timeshare Brokers Website.
(b)(b) Timeshare Brokers Services may vary from time to time. We may alter the content, presentation of and/or the facilities available on Timeshare Brokers Services from time to time without giving you notice. This includes adding, withdrawing or changing any features or functionality of Timeshare Brokers Services or changing the nature of the material or how it is displayed or withdrawing it. If we withdraw a service where not otherwise permitted and in appropriate circumstances without replacing them with an alternative service and this causes a more than nominal detrimental change to your Timeshare Brokers Services, we will provide you with at least 30 days prior notice of any such change.