Your Partner in Real Estate

These Terms of Use apply to the Services currently offered by KuuSh Enterprises and/or McKinnon & Sons Real Estate, which may herein be described as "we", "us", "our", (and includes the Company, Business, and any staff),  as well as Services that may be offered in the future. By using our Services/Website, you agree to the Terms and Conditions.

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. You understand that the use of the Services is at your own risk. 

Application of Terms and Conditions
By signing a Sales Agency Agreement with McKinnon & Sons Real Estate, you acknowledge and agree to be bound by these Terms and Conditions. These Terms and Conditions form part of, and are to be read together with, the Sales Agency Agreement.

KuuSh Enterprises/McKinnon & Sons Real Estate/Staff are not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness, or completeness of Content, including without limitation, the description, or availability. Services include, but are not limited to phone, website, in person, or any media whatsoever. The Company/Business/Staff do not assume any liability for any loss that may result from the reliance by any person upon any Content provided through the Services. 

Intellectual Property rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site.

Charges and Fees

Charges/Fees above and beyond the usual charges and fees are incurred when files/properties are requiring extra Management or for further extensions of time as is the case when Settlement is delayed. Each delay requires Account Management and staff to be paid for their time to manage these. Each extension to a Property Settlement incurs a fee of $499.

Incidentals (as per agency terms)

Additional costs may apply for services performed outside the scope of standard marketing and sale activities. This includes, but is not limited to:

• File management and repeated document handling (e.g., changes to Contract of Sale) 
• Additional administrative or communication requirements 
• Property access coordination (e.g., cleaning, key collection or return) 
• Return of personal items left on-site or rubbish removal 
• Extended travel to or from the property
• Painting/decorating the property
• Making changes to websites including third-party websites
• Gardening/landscaping
• Addendum's 

Extra fees are also charged each time a Sales Agency Agreement is entered into/when files are re-opened/changes need to be made. The fees are $499 for Administration and $1,100 for further marketing, and incidentals can be incurred. Please note: it is your responsibility to pay for your costs associated with listing and selling your property.

IMPORTANT: Marketing & Preparation Costs

Where the Agency provides complimentary marketing, photography, maintenance, or related services on the understanding that the property will be offered for sale exclusively through the Agency:

1. If the Vendor withdraws the property from sale, terminates the Agency Agreement, or otherwise fails to proceed with the sale for any reason, all costs incurred by the Agency in connection with such services (including but not limited to realestate.com.au listing fees, professional photography, maintenance, and marketing materials) shall immediately become payable by the Vendor.
    
2. Such costs must be paid in full within seven (7) days of invoice.
    
3. Failure to make payment within the specified timeframe will entitle the Agency to recover the debt (including any legal and debt collection costs) through appropriate legal action.
   

Content

All content including, but not limited to, what you provide and what KuuSh Enterprises/McKinnon & Sons Real Estate/Staff provides, phone conversations, emails, websites, videos, and any type of transmissions, are owned by KuuSh Enterprises/McKinnon & Sons Real Estate.

We shall not be subject to any obligation of confidentiality, apart from accordance by Australian Law. By providing information, you hereby grant the Company/Business/Staff, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sub-license, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from, and edit any such Content for any purpose, commercial, advertising, or otherwise on or in connection with, or relating to any product, and/or products, the Services, or the promotion thereof. 

Furthermore, by using our Services, you agree to defend, and hold harmless, KuuSh Enterprises, McKinnon & Sons Real Estate, its parents, affiliates, and subsidiaries, together with their respective employees, agents, officers, directors, shareholders, any and all staff, and licensees, from and against any and all threats, and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by any third party against the  Parties and you agree to reimburse the Parties for any loss, damage, defamation of character or costs incurred as a result.

You agree that you will neither post nor submit any User Generated Content in any manner whatsoever, nor will speak anything about the Company/Business and its parties which includes but is not limited its staff, owners, founders and any Parties that is unlawful, rude, disrespectful, slanderous, defamatory, derogatory, nor encourage others to do so. Violating this will result in Legal Action and you shall incur all costs, including claims for any and all damages.  

Photos

The photographer owns the rights to the photos they take. You pay for the service only. If you wish to use the same photos at a later date, you must pay the photographer in order to do so and get their written permission.

Changes to these Terms and Costs

We may, at any time and at our discretion, vary these Terms and/or costs by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms. Changes in costs to the Sales Agency Agreement may change depending on printing/scanning costs, contract writing and any extra administration Management required.

Vendors

The business does not accept every seller who wishes to sell with the business. Recommendations may be accepted, however, it is solely at the discretion of the business.

Legal

Any legal issues will be dealt with and governed by the Laws in South Australia. If you do not pay your invoice/s they will be handed to a debt collector and you will also be responsible for any added costs.