UPDATED 16 August 2020
REALESTATEYOURWAY is the registered business trading name of REAL ESTATE YOUR WAY Pty Ltd. (ACN 133 398 900) also referred to herein as "us" or "our" or "we" in these terms and conditions.
REALESTATEYOURWAY operates this website (including the home page and all sub-pages) "our website" or "site".
Through the REALESTATEYOURWAY website, and services provided by our affiliate network, we provide online advertising services to generate enquiries about the sale or rental of real estate "the service".
It is important that you understand and agree to our terms and conditions.
By using our website and making your payment you agree that you have read understand and accept that REALESTATEYOURWAY is not a real estate agent, nor does REALESTATEYOURWAY act in any capacity as a real estate agent or as any other type of agent or representative either for you or for any other person, and that REALESTATEYOURWAY does not issue advice, recommendations or opinion in relation to acquiring, holding, renting or disposing of property.
Our General Terms and Conditions, referred to in these terms and conditions, as amended from time to time, are the terms and conditions relating to the REALESTATEYOURWAY service and the REALESTATEYOURWAY website ("Agreement") that apply between you and REALESTATEYOURWAY.
By proceeding further, you agree that you will be bound by the Agreement at all times.
Please read the Agreement very carefully and if you do not agree with the Agreement, please do not use our website. If you proceed to use or continue to use the REALESTATEYOURWAY website you will be deemed to have read and accepted the Agreement and you will agree to be bound by it.
Effect of acceptance
Please note that on completion of the REALESTATEYOURWAY online registration process, which includes you expressly acknowledging that you have read, understood and accept this Agreement, your ability to become a site user will be activated and you will have entered into a legally binding agreement with REALESTATEYOURWAY for the provision of the REALESTATEYOURWAY service.
You should read this Agreement carefully before providing an authority to list a property, submitting the property details form and making your payment.
Amendment, termination and entire agreement
The Agreement is subject to change by REALESTATEYOURWAY at any time at our sole discretion. We will post all amendments to the Agreement on the REALESTATEYOURWAY website. If you subsequently continue to use the REALESTATEYOURWAY website, the REALESTATEYOURWAY service or continue as a site user, you will be deemed to have accepted the Agreement as amended.
Please note that REALESTATEYOURWAY reserves the right to terminate your use of the REALESTATEYOURWAY website for any reason, and reserves all of its rights in relation to all other matters.
The Agreement forms the entire agreement between you and REALESTATEYOURWAY unless expressly stated by us otherwise and applies to the entire REALESTATEYOURWAY website as well as to any correspondence, communication and other interaction of any kind between REALESTATEYOURWAY, as the service provider, and you, as the user.
A reference to the terms and conditions or the Agreement means this Agreement as amended from time to time.
Legal capacity and minimum age
You expressly warrant to REALESTATEYOURWAY and to any other site user that you have attained the minimum age of 18 years and otherwise have the full legal capacity to use the REALESTATEYOURWAY website and to enter any transaction sourced or derived from your use of the REALESTATEYOURWAY service or REALESTATEYOURWAY website.
You further warrant and agree that you will undertake of your own accord such checks, independent verification and independent advice to satisfy yourself of:
* the legal identity and capacity of any other party involved in any transaction facilitated by your use of the REALESTATEYOURWAY website; and
* the suitability and particulars of, and encumbrances, interests and laws affecting any real estate or interest in real estate that is published, disclosed, marketed, advertised or promoted using the REALESTATEYOURWAY service.
You acknowledge that REALESTATEYOURWAY and its officers, servants or agents expressly make no warranty or representation of any kind to you that any party (including you) using the REALESTATEYOURWAY website has attained 18 years of age or is acting in full legal capacity in effecting any transaction through the REALESTATEYOURWAY website.
Limitation on liability
Subject to any liabilities that may not be limited by law, REALESTATEYOURWAY, its officers, servants and agents and any related person, company or entity of REALESTATEYOURWAY, will not be liable or responsible to you or any third party for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use of this REALESTATEYOURWAY website, any activity, transaction, communication or other interaction between you any other party either directly or outsourced by REALESTATEYOURWAY in any way or in connection with the use, inability to use or the results of use of this REALESTATEYOURWAY website. Subject to the foregoing, REALESTATEYOURWAY's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to REALESTATEYOURWAY for the use of the REALESTATEYOURWAY website.
Your liability to us
You are liable to us for breach of this Agreement or negligence under the principles applied by courts. You are not liable to us for any loss to the extent that it is caused by us You agree to indemnify us, our officers, employees and agents against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Agreement.
These terms and conditions and this Agreement are governed by the law in the State of Victoria, Australia, and you agree to the exclusive jurisdiction of the courts in Victoria, Australia (and courts of appeal therefrom).
In the event that you have any claim or action against any other site user arising from that site user's use of our REALESTATEYOURWAY website or the REALESTATEYOURWAY service, you agree to pursue such claim or action independently of and without any demands from REALESTATEYOURWAY, and you release REALESTATEYOURWAY and its servants and agents from all claims, liability and damages, arising from or in any way connected to any claim or action.
If a claim or action is brought against us from your activities or use of the REALESTATEYOURWAY website or the REALESTATEYOURWAY service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to indemnify us, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
REALESTATEYOURWAY reserves the right solely at our discretion to investigate and terminate your site use if you have misused the REALESTATEYOURWAY service, or behave in a way which we regard as inappropriate, unlawful or illegal. This includes the use of REALESTATEYOURWAY social media sites or misuse of signage or other materials or documents.
Property Listing Policy - Vendor's Authority
It is important that you understand and agree to our terms and conditions. If you use the REALESTATEYOURWAY website to promote, advertise or market the sale or proposed sale or rental of real estate ("subject property"); you warrant that you have full legal capacity and lawful entitlement to do so. You also confirm and agree that you have provided a vendor's listing authority to REALESTATEYOURWAY and that authority is limited to the advertising and marketing of the property. You hereby confirm and agree that your listing on REALESTATEYOURWAY or any of our partner websites does not contravene any other property listing agreement you have entered into and that you have read and accept the information on our FAQ page (Frequently Asked Questions). The vendor listing authority must be signed and dated by a natural person. If the property is being sold on behalf of a business, partnership or trust, the listing authority must be signed and dated by a duly authorised director or officer.
By using our website and service you acknowledge and agree that REALESTATEYOURWAY is not a real estate agent nor does REALESTATEYOURWAY act in any capacity as a real estate agent or as any other type of agent or representative either for you or for any other person
The prices to list your property on REALESTATEYOURWAY or our partner websites are subject to change at any time without notice. Featured listings and upgrade prices from GOLD to PLATINUM may require an individual quote. Commercial Listings placed on partner websites are subject to individual quotes and listing expiry dates
You understand and agree that if your property is not located in QLD, NSW, VIC, SA or WA that it will appear on REALESTATEYOURWAY only and will not be listed on our partner websites
Third Party Sites
REAL ESTATE YOUR WAY subscribes to third party sites (“Partner Sites”). Access to these sites is at the absolute discretion of REAL ESTATE YOUR WAY and REAL ESTATE YOUR WAY does not guarantee the continuity, reliability or service availability of any of these sites.
By listing your property and making your payment you agree that if any one of these "Partner Sites" such as RealEstate.com.au; Domain.com.au and others decide unilaterally or collectively to no longer allow the listing of our clients properties onto their portals no refund of payment (in full or part thereof), will be given if your property has been published on these websites.
It is our intention and expectation that listings published on 3rd party websites will remain active on 3rd party websites for a minimum period of 48 hrs
No refunds will be payable if a listing has been published on any 3rd party website
REAL ESTATE YOUR WAY will, in it's absolute discretion, decide whether any contractual agreement with a "Partner Site" remains active
Cessation of listings on any of our third party sites will be notified to affected customers
No refund of the original payment (in full or part thereof), or any subsequent upgrade payments, will be given on any property that has been published or upgraded on any third party website
Refunds will be made at our sole discretion and can only be made to the listing owner. Other direct or indirect costs are not refundable.
Refunds are not payable because you have changed your mind or because you have not read the fine print or our terms and conditions
Refunds are not payable if your property listing has been published on our website, or any other "Partner Sites" or industry websites that we place it on
If we choose to refund your payment a $25 refund administration fee may be payable. Your statutory rights are not affected by this refund policy.
Additional Charges Payable for Amendments
Real Estate Your Way is a user driven website
You can make changes to your listing details on our website at any time free of charge.
Changes that you wish to make to your listing on our partner web sites do involve additional labour time and we need to cover our costs.
Changes on 3rd party websites will incur an administration fee of $50 per change request
Online Security and data protection
You must keep your password and account login details secure and not provide it to anyone else.
To prevent unauthorised access to your account you must use a secure password
Secure passwords are secret information known only to you.
They should be at least 8 characters in length and a combination of UPPER and lower alphabetic characters (AbcDef etc), numbers 0-9 and special characters (%*^)
If we detect unauthorised access to your account we may suspend or terminate your use of our website and service
If you suspect that your account has been compromised in any way you must advise us in writing immediately and you should change your password
If you suspect your account has been compromised you should contact your financial institution immediately
Privacy and Communications
Email and Phone Contact Details
You agree that you will provide a current email address and Australian land line and /or mobile telephone number in your registered account at all times where we can contact you. You also agree to advise us by email if you wish to delete your account or amend or update any of your account contact details.
Right of verification and removal
REALESTATEYOURWAY reserves the right to independently verify and remove (at our sole discretion):
* properties offered for sale or rental by you;
* the information you provide relating to properties you offer for sale or rental; and
* any other information relating to you, the properties you offer for sale or rental or any other aspect of your use of the REALESTATEYOURWAY website
*properties that are the subject of complaints by other users
Acknowledgement by you that REALESTATEYOURWAY is not a real estate agent and does not provide a financial service.
You acknowledge and agree that REALESTATEYOURWAY is not a real estate agent nor does REALESTATEYOURWAY act in any capacity as a real estate agent or as any other type of agent or representative either for you or for any other person. You also acknowledge that REALESTATEYOURWAY does not provide a financial service. You further acknowledge and agree that REALESTATEYOURWAY is not and does not hold itself out as being in the business of:
* selling, buying, exchanging, letting or otherwise disposing of real estate or business of another person;
* negotiating for the sale, purchase, change, letting or any other dealing with or disposition of real estate or business of another person;
* collecting deposits or rents for any real estate or business on behalf of another person;
* providing or issuing or dealing in financial products;
* advising, recommending or providing opinions in relation to acquiring, holding, renting or disposing of any kind of property.
and that the REALESTATEYOURWAY service does not include any of the above activities.
REALESTATEYOURWAY accepts Content in good faith on the basis of warranties provided by each site user. You acknowledge and agree that REALESTATEYOURWAY does not represent or endorse the accuracy or reliability of any Content, linked websites, advice, opinion, statement or other information displayed, uploaded or distributed through the REALESTATEYOURWAY service by us, or any site user or any other person or entity. This includes any comments posted on the REALESTATEYOURWAY social media sites.
The material at the REALESTATEYOURWAY website is provided 'as is' without any conditions, warranties or other terms of any kind. It is your responsibility to verify any information on the REALESTATEYOURWAY website or provided to you by other site users before relying on it.
You agree that any material that you transmit or post to the REALESTATEYOURWAY website including information, descriptions, content, images, blogs, emails, Instant Messenger conversations, photographs or profiles ("Content") will be considered non-confidential and that you provide REALESTATEYOURWAY with a perpetual, irrevocable, royalty free, non-exclusive license to use, modify, publish, copy, communicate, adapt, reproduce, store, distribute, print, display, publish, perform or create derivative works, commercialize, sub-license, assign all or part of the Content.
You expressly waive any moral rights you may have in the Content, including but not limited to any rights you may have to be identified as the author of the Content, not to have the Content falsely attributed to another person or entity, and not to have the Content subject to derogatory treatment.
Subject to this Agreement, we will use reasonable endeavours to publish advertising related Content submitted by you and in accordance with your placement instructions. However, we reserve the right to vary the placement of the Content and change the format of the Content.
REALESTATEYOURWAY may review, withdraw, alter and/or delete any Content that we judge to violate this Agreement or judge as offensive, defamatory, illegal, or that might harm, endanger, or violate the rights of site users.
You are solely responsible for the Content that you transmit to us or other site users using our service. You warrant and agree that the Content is:
* true, complete and accurate;
* complies with all laws including but not limited to the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation, Privacy Act (Cth), the laws of defamation, and State or Commonwealth anti-discrimination legislation;
* is not in breach of this Agreement or any other law;
* is not harmful to any person in any way;
* does not infringe any third party rights (including but not limited to intellectual property rights and rights of privacy).
REALESTATEYOURWAY does not accept responsibility for errors in any advertising Content received electronically from you or any other site users. You must promptly check the Content posted on the REALESTATEYOURWAY website and notify us of any errors in the published Content.
It is your responsibility to notify us upon the sale of the real estate or item to which your Content relates and to ensure that the relevant Content is removed from the REALESTATEYOURWAY website.
The information that you supply to REALESTATEYOURWAY and post on the REALESTATEYOURWAY website must be accurate and conform to reality.
Commissions Disclosure Statement
REALESTATEYOURWAY receives commissions from advertisers and pays fees to service providers where applicable. REALESTATEYOURWAY does not receive remuneration or commissions on the sale or rental of property or take deposits for the sale or rental of property.
Accordingly, to the maximum extent permitted by law, REALESTATEYOURWAY provides you with use of the REALESTATEYOURWAY website on the basis that REALESTATEYOURWAY excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill except where such law prohibits their exclusion). Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
REALESTATEYOURWAY expressly disclaims (to the extent permitted by law) any warranties with respect to any products or promotional materials offered by or any site user or any other person or entity and provided, offered or made available to you by REALESTATEYOURWAY, including (but not limited to) the implied warranties of merchantability, fitness for a particular purpose, legal capacity of any party and non - infringement of any rights of any other person. You acknowledge that any reliance upon such opinion, site user profile, advice, statement or information or other Content is solely at your own risk and with no recourse or other right of action in law or in equity against REALESTATEYOURWAY or its officers, servants or agents. We are not responsible for the conduct, whether online or offline, of our site users. Please use caution and common sense when using the REALESTATEYOURWAY website and the REALESTATEYOURWAY service.
Act of acceptance
By clicking on any item on the REALESTATEYOURWAY website, or sending your property details to us and making payment (or in any other use of the REALESTATEYOURWAY website including social media) you confirm that you have read and understood this Agreement and agree to be bound by it.
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