UPDATED 12 January 2023
REAL ESTATE YOUR WAY encourages an authentic and honest real estate experience between users of its electronic listing platform website and any associated applications (“Platform”). The Platform facilitates real property listings and invites real estate and related goods and services transactions between users of the Platform. A fee, commission, reward or gift may be paid to Real Estate Your Way by users and by linked third parties for introductions and referrals generated by the Platform. Any transactions that result from the use of the Platform are between the particular buyer and seller or consumer and goods or service provider. Importantly, REAL ESTATE YOUR WAY is not a party to any transaction that arises from the invitations to treat set out in a classified fashion on the Platform and makes no warranties or representations whatsoever to the users of the Platform in relation to any real estate or other property listing or to any goods or services displayed on the Platform.
These Terms of Service reflect the way REAL ESTATE YOUR WAY works and the laws that apply to operation of the Platform. As a result, these Terms of Service help define REAL ESTATE YOUR WAY’s relationship with you as you interact with our classified advertising services.
By using the REAL ESTATE YOUR WAY.com.au platform and any of its associated services and functionality you, personally and on behalf of any business you hereby represent as having properly authorised you, acknowledge and agree to be bound by these Terms of Service (“Terms”). Please read these Terms carefully before using the Platform. If you do not agree to these Terms, you must not use the Platform. In these Terms Real Estate Your Way Pty Limited ABN 5133398900 is referred to as “We”, “Us” and “Our” and anyone who uses the Platform is referred to as “You” and “Your” and “Users”. We reserve the right to make changes to these Terms from time to time at Our sole discretion. By continuing to use the Platform, You agree to be bound by the changes. We will endeavour to alert You to any significant changes to these Terms. You acknowledge We have disclosed to You that a fee, commission, reward or gift may be paid to Us by Users and/or by linked third parties for introductions and/or referrals generated by the Platform.
- Licensee relationship
REAL ESTATE YOUR WAY is not a counselling service and does not provide financial, legal or any other advice professional or otherwise. It is a classified advertising platform and you must agree to be our licensee or you cannot use the Platform. Thus we grant you a limited, revocable, non-exclusive and non- assignable license to use the Platform in compliance with the Terms. But for any listings You yourself create, You agree not to ever make, copy, display, distribute, license, or sell, content from the Platform.
You grant Us the license set out in clause 11 below.
The Platform provides functionality that it is hoped will facilitate honest and authentic communication between Users, but We make absolutely no warranties in that regard as the content of information uploaded to the Platform may not have been subject to any reviewing or checking by Us.
You must be a registered User to access some features of the Platform. When registering and activating Your account, You must provide Us with personal information, including, but not limited to, Your current and active email address. You must ensure this information is accurate and kept up to date. Your account is for Your sole use and is not transferable without Our prior written consent. We do not presently charge any fees whatsoever for any post, uploaded classified advertisement, photo, text, blog or review. However, We may in the future and if so You hereby expressly permit Us to charge your account including for any additional applicable taxes. All fees are non-refundable for any reason and are payable even if We refuse the upload or otherwise remove or moderate it.
- User Representations
You represent and warrant that: You are at least eighteen (18) years of age and that you have lawful capacity (including as a business) to consent to use the Platform in accordance with these Terms and that You will use the Platform in accordance with these Terms.
- Your Supportive Use of the Platform
The Platform allows You to list Your real estate for sale and if any other User fills out their details for passing to You, then We provide You with a lead which sets out the contact details of that enquirer. The Platform encourages you to interact with others. You are entitled to review the enquirer’s lead information and you may or may not decide to follow up the lead. We do not endorse any particular lead in any way whatsoever, We just facilitate the invitation to treat between Users. It is Your sole responsibility to decide if you want to enter into any transaction with any lead provided by Us through the Platform and if you do enter into a contract to sell your real estate or to borrow funds or conduct a survey or building report or whatever else may unfold, You will become a contracting party with that other person and not with Us. We want You to uphold honesty, kindness and caring for others as important principles and try to maintain a supportive environment for everyone, which means You must respect the rights of others, including privacy and intellectual property rights, don’t abuse or harm others or yourself or threaten or encourage such abuse or harm (for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others). You must not post explicit photos of any kind and You must comply with applicable laws, including export control, sanctions, human trafficking laws and laws prohibiting menacing, harassment or causing offence.
- You agree to use the Platform only for purposes that are permitted by these Terms and any applicable law or regulation.
You must not (or attempt to): access any part of the Platform by any means other than through the interface provided by Us; use any robot, spider, scraper or other automated means to access the Platform for any purpose without Our express written permission; engage in any activity that interferes with or disrupts the Platform or the servers and networks that host the Platform; interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or the content on the Platform; use, copy, or distribute content except as permitted by these Terms, by law or with Our prior written consent; use the Platform to upload, transmit or otherwise contribute content that infringes on another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; use the Platform to upload or publish any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware, or is otherwise objectionable as reasonably determined by Us; use the Platform for any fraudulent or inappropriate purpose; use browser plugins or third-party services to block or circumvent advertisements displayed on the Platform; use the Platform to send unsolicited or spam messages to any third-party; use the Platform to impersonate another user or person; use the Platform to register multiple accounts in Your own or any other person’s name, use the Platform to use multiple accounts in Your own or any other person’s name or use another user’s account. You understand and agree that if You engage in any suspected fraudulent, abusive or illegal activity We may, at Our discretion, provide Your details and details of Your conduct to law enforcement authorities without Your knowledge or consent. You must keep Your account password secure and are solely responsible for the activity that occurs via Your account. We cannot be held responsible for any unauthorised activity via Your account. If You suspect or become aware of any unauthorised use of your account or that Your password is no longer secure, You must notify Us immediately and take immediate steps to re-secure Your account (including by changing Your password).
- Termination of Services
We may stop (temporarily or permanently) providing You with access to the Platform at Our sole discretion without prior notice or explanation to You. We may terminate Your account or restrict Your access to the Platform if we deem it necessary or appropriate. If We do this, You may be prevented from accessing all or parts of the Platform, logging in to Your account or specific content contained in Your account. We will not be liable to You or any third-party in the event of Us taking action under this clause.
- Changes to the Platform
We aim to provide a supportive, authentic and honest experience for You. We reserve the right to change the Platform at any time. We do not guarantee that You will be able to access the Platform in the same way or with the same technology that You used before the change.
- Information on this Platform
We do not pre-screen all uploads, but we reserve the absolute right (though not the obligation) to remove, without notice, any content published. You understand and agree that except where required by law, We are not responsible for inaccuracies or errors caused by incorrect information supplied to Us. You agree to make Your own enquiries to verify the authenticity, accuracy, suitability and honesty of any information contained on this Platform.
- Disclaimer and Liability
We do not warrant that the Platform will be available at all times or that it will be provided without fault or disruption. We exclude all liability to You or anyone else for loss or damage of any kind or nature relating in any way resulting from Your use of, or reliance upon, information contained on the Platform including, but not limited to, loss or damage You might suffer as a result of errors, omissions or inaccuracies on the Platform, You acting or not acting, on any information contained on or referred to on the Platform and/or any linked Platform, personal injury or property damage of any nature resulting from Your access to or use of the Platform, any unauthorised access to or use of Our secure servers and/or personal data and/or financial information stored on those servers, any interruption or cessation of transmission to or from the Platform, any malware which may be transmitted to or through our Platform by any third-party and, or, the quality of any product or service of any linked platform. Where liability cannot be excluded, any liability incurred by Us in relation to the use of this Platform is limited by the Competition and Consumer Act 2010 (Cth). We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of the Platform, including loss of business profits even if You tell us of the extent of potential loss or damage before using the Platform. The Platform contains links to third-party platforms. These linked platforms are not under our control and therefore we cannot be held responsible for the content of any linked platform or any hyperlink contained in a linked platform. We provide links as a convenience only and the inclusion of any link does not imply any endorsement by REAL ESTATE YOUR WAY of the linked platform. Your visit to any linked platform is entirely at your own risk. This Platform is not guaranteed to be free of viruses or anything else that may interfere with or damage the operations of your computer systems. Your use of the Platform is at your own risk.
You understand and acknowledge that You, as a user of this Platform, are responsible, and are personally liable for, any content that You contribute and actions that you perform on this Platform. You will at all times indemnify, and keep indemnified, Us, Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by Us arising from any claim, demand, suit, action or proceeding by any person against Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms.
- Intellectual Property
We reserve all of our intellectual property rights, including but not limited to, copyright in content and/or services provided by Us. Nothing in these Terms gives You a right to use any of Our marketing material, business names, trade marks, logos, domain names or other distinctive brand features. Our Platform is designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful. In relation to any intellectual property that you have in your content, You hereby licence Us a worldwide, royalty free, non-exclusive licence to host, reproduce, distribute, communicate, and use Your content (for example, to save Your content on Our systems and make it accessible from anywhere, publish, publicly perform, or publicly display your content), modify and create derivative works based on Your content, such as reformatting or translating it, sublicense these rights to other Users such as enabling you to share photos with people you choose and Us and Our contractors. This license is for purposes which include operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyse Your content for spam, malware, and illegal content to recognize patterns in data, such as determining when to suggest a new way to keep related photos together to customize use, such as providing recommendations and personalized search results, content, and ads using content You’ve posted. It is Our policy to respond promptly to claims of intellectual property infringement. Intellectual property rights holders alleging an infringement of their intellectual property rights must email REAL ESTATE YOUR WAY with particulars of their allegation together with supporting information showing their rights to, or ownership of, the IP being infringed. If You contribute content to the Platform or communicate or correspond with Us, We may publish testimonials on the Platform, promote the Platform through means other than the Platform (whether or not those means have been invented or are to be invented in the future) and develop Your ideas and suggestions for improved products or services. You acknowledge and agree that You are not entitled to be paid a fee, royalty or any other form of consideration by Us for any use by Us of your intellectual property. Your access to this platform does not constitute a licence to use or copy any logos, trade marks or other intellectual property appearing on this Platform. No logo, trade mark or other intellectual property belonging to REAL ESTATE YOUR WAY, any related entity or third-party may be used as a hyperlink or in any other way without the owner’s express and prior written permission.
- Transfer and Assignment
You agree and acknowledge that, if We merge, sell or otherwise change control of Our company or sell, lease, licence or otherwise transfer control of the Platform to a third-party: We may without giving notice or seeking prior consent from You, disclose Your personal information and other data we may have collected from You to the third-party; and We are entitled to assign the obligations and benefits of any agreements We may have with you to the third-party.
We will not be liable for any delay in performing any of Our obligations under these Terms if such delay is caused by circumstances beyond Our reasonable control. These Terms will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria, Australia and to those courts entitled to review their decisions. If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed to be severed and will not affect the validity and enforceability of the remaining provisions. If We do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any right or provision under these Terms will only be effective if it is in writing and signed by Us.
- Reviews and Ratings
We may moderate any post, uploaded classified advertisement, photo, text, blog or review at any time without prior notice at Our sole discretion (though do not have the obligation to moderate). If We have published rules relating to posting, these may form the basis of Our decision, but not exclusively so. We reserve the right to make and amend rules as a guide for Users. Reviews submitted by You must reflect your personal experience. Any such review must be factually accurate and must not defame, exaggerate or misrepresent your experience. Comments must be based on fact and not based on gossip, rumour or without a proper basis. You must be able to support all statements You make. We are not responsible for verifying or investigating reviews.
- Referral Partners and Calculators disclaimer
Conveyancing, building inspection and home loan services and any associated referral and calculator material and information on the Platform is provided to Us by third party referral partners. We provide no warranty or guarantee that any such material or information on the Platform or linked third party referral platforms will be accurate or complete. We will not be liable for any damages whatsoever whether in an action in contract, negligence or other tort, arising out of or in connection with access to the Platform (or linked third party referral platforms) or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law. Furthermore, We do not endorse any opinion, advice or statement made by any User or linked third party referral partner. The calculator material provided on the Platform is provided as general information only. It is not intended as professional advice and must not be relied upon as such. Prior to entering into a transaction or taking any particular course of action in connection with Our Users or third party referral partners, You should make Your own inquiries and seek independent advice tailored to your specific circumstances and objectives. We make no guarantee as to the usefulness of the material and information nor any of the real estate, products and services on the Platform or any linked third party referral platforms. You acknowledge that we may receive a fee from your referral from the Platform to any linked third party.
- We do not accept any liability for any consumer choice decisions including legal or financial decisions made by You on the basis of information including that contained within the Platform.