Please read this legal information carefully.
Information on our Websites and in any realestate.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.
REA Group Ltd and its related entities responsible for maintaining our Websites and all realestate.com.au publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Websites by or on behalf of REA Group, and any Third Party Content (as defined below) on our Websites) and REA Group Ltd and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Websites or publications.
Contributions means information including data, text, video, still images, audio or other material that REA has permitted you to host, share, publish, post, store or upload on the Website as permitted under this Agreement.
Other User Contributions means information including data, text, video, still images, audio or other material that REA has permitted users other than you to host, share, publish, post, store or upload on the Website.
REA means REA Group Limited and its subsidiaries.
Syndication Tools means the various syndication arrangements that REA may make available from time to time, which may include REA widgets, APIs, partner-site plug-ins and co-branded website arrangements.
Website means any website operated by REA and includes elements of REA operated websites published via the Syndication Tools.
In accessing or using our Websites you agree that you will not:
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our Websites and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, REA Group Ltd grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of realestate.com.au copyright material beyond such use, written permission must be obtained directly from REA Group Ltd or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Our Websites often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of some of our real estate agency customers. Those third party websites do not form part of our Websites and are not under the control of or the responsibility of REA. When you link to those websites you leave our Website and do so entirely at your own risk. REA and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and REA and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by REA.
For the purposes of this section titled Contributions, "You" or "you" means the individual making Contributions to REA's Websites (if applicable).
REA may (or may in the future) permit you to make Contributions to its Websites.
You retain sole responsibility and accept all liability for all Contributions you make to any REA Website. REA disclaims any and all liability in connection with Contributions. REA assumes no responsibility for monitoring any Contributions. REA does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. REA is under no obligation to treat your Contributions as confidential information.
REA may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, REA may remove or disable access to any or all your Contributions if it considers that:
You retain all of your ownership rights in your Contributions. REA is under no obligation to treat your Contributions as proprietary information. To the extent that any Contributions are proprietary in nature, you grant REA, in respect of Contributions to its Websites, a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of the Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by REA and this Agreement.
You grant REA, in respect of Contributions to its Websites, the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
For any Contributions that you may retain moral rights in, you declare that:
You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that REA has no control of and is not responsible for Other User Contributions. You release REA from any claims that you could assert against REA relating to or in connection with Other User Contributions.
Our Websites contain content provided to REA by other parties ("Third Party Content"). REA does not have a practice of monitoring or making inquiries about Third Party Content. REA is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of REA. You rely on Third Party Content completely at your own risk.
You represent and warrant that:
You agree to indemnify and hold REA, REA's subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys' fees arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms.
Hyperlinks enhance the user's experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content.
However, in using hyperlinks, we:
We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
Please do not:
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is due reason.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, REA, excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL REA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF REA GROUP LTD, AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
Your use of this Website and all of our legal notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our Internet sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
These terms apply to all persons that purchase upgraded listings directly from us rather than via a real estate agent.
These terms apply to upgraded listings on both realestate.com.au and realcommercial.com.au. In these terms and conditions: "We", "our", "us" refer to realestate.com.au Pty Ltd (ABN 21 080 195 535), which operates the Websites (among other websites)
and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Website" means realestate.com.au or realcommercial.com.au, as applicable to your upgraded listing.
We will provide the upgraded listing on the Website subject to these terms and conditions.
You acknowledge that at all times during the term of your upgraded listing:
The term of your upgraded listing product is specified in your order for the upgraded listing (calculated from the date we first supply the upgraded listing to you), unless terminated earlier in accordance with clause 5.
Termination or suspension by us5.1
We may terminate these terms and conditions at any time for any reason provided that we give you at least seven (7) days’ written notice. If we terminate these terms and conditions solely under this clause 5.1 then you will not be required to pay any fees in respect of the period after effective termination.5.2
Notwithstanding clause 5.1 and without limiting our other rights, we may immediately terminate this agreement or suspend or temporarily remove your product if:
In the event that we exercise our right to suspend or temporarily remove listings pursuant to clause 5.2, you remain liable for all applicable fees until the expiration of the upgrade term.
Termination of these terms and conditions or suspension or temporary removal of listings pursuant to clause 5 does not:
Fees, Surcharge, Taxes and Refunds7.1
The fees and surcharges payable by you in relation to the upgraded listing are specified in your order for the upgraded listing.7.2
In addition to the fee specified in clause 7.1, you will pay all taxes, duties and other government charges payable in connection with these terms and conditions, which apply at the date of these terms and conditions, including without limitation, any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on our income.7.3
We reserve the right to change the fees for any product at any time.
Upgraded Listing Features8.1
Once you have purchased an upgraded product, you will not be entitled to any refund if you change your mind or because you have incorrectly or inadvertently selected the product.8.2
No refunds are given where any upgraded listings are sold, leased or removed from the site for any other reason before the expiry of the upgrade term.8.3
If the relevant listing has already been upgraded from a standard listing and you subsequently purchase a further upgrade in respect of the same listing, the term of the previous upgrade will cease and the new upgrade will supersede the previous upgrade from the date of purchase. You acknowledge that no refund will be provided to you or your real estate agent8.4
No downgrades are permitted for any upgrade product during the product’s term.8.5
If the subscription of the real estate agent who uploaded the listing terminates or is suspended for any reason, then so too will your upgrade and no refunds are given where termination or suspension occurs before the end of the upgrade term.8.6
We reserve the right to set eligibility criteria for all our products from time to time. We cannot guarantee eligibility for any product.8.7
Where more than one of the same upgrade product appears in a set of search results, the order of appearance is at our discretion.
Limitation of liability and indemnity9.1
To the extent allowable under the Competition and Consumer Act 2010 or any other applicable law, we:
You must take all reasonable steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under these terms and conditions. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.9.3
We will not be liable under these terms and conditions to the extent that liability is caused by:
You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with the listing of the Advertised Property or these terms and conditions or any other act or omission by you in connection with your use of the Website or our other services.9.5
Each indemnity in these terms and conditions is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these terms and conditions for whatever reason.
No delay or failure by either party to enforce any provision of these terms and conditions will be deemed a waiver or create a precedent or will prejudice either party’s rights. No waiver by either party will be effective unless it is in writing and signed by that party.10.2
We will send all notices and other communications to you at the email address and/or facsimile number you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address and/or facsimile number.10.3
All notices from you to us must be sent by email to firstname.lastname@example.org. Any enquiries may be directed to our Customer Care Centre by email at email@example.com or by phone to 1300 134 174.10.4
You must not assign these terms and conditions without our prior written consent.10.5
We may assign these terms and conditions at any time.10.6
The Agreement comprises the entire agreement between us about its subject matter. It supersedes all prior understandings, agreements, representations and you may not rely on any representations or warranties about the subject matter of these terms and conditions except as expressly provided in these terms and conditions.10.7
The laws of Victoria, Australia, govern the Agreement.10.8
You submit to the exclusive jurisdiction of the Courts of Victoria, Australia and you waive any right you have to object to an action being brought in the Courts of Victoria (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).10.9
If any term of these terms and conditions is void, unenforceable or illegal, that term is severed. The remainder of the Agreement has full force and effect.10.10
The rights and remedies provided in these terms and conditions are in addition to other rights and remedies give to the parties by law and equity independently of these terms and conditions.
Published February 2013