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Subscriber Terms and Conditions – realcommercial.com.au

Part A: General Terms Applying to Subscriptions and Products (“General Terms”)

1. Definitions

Acceptable Use Policy means our policy on the use of Subscriptions, Products and related services provided to you by us in relation to the Platform and as published at realcommercial.com.au/terms and varied from time to time.

Administrative Office means an office that serves a purely administrative function for an Agency Group.

Agency Office means a physical office from which the main business that is conducted is real estate agency services.

Agency Group means a group of Agency Offices (and if applicable, includes an Administrative Office) that are owned, controlled or operated within the same real estate agency network, franchise or brand.

Agent Admin means the secure system that you gain access to under your subscription to purchase Products, upload listings and otherwise use our services, as available at https://secure.realestate.com.au/sign_in.

Agreement has the meaning in clause 2 of these Customer Terms.

All Depth Contract has the meaning described in clause 11.2 of Part C of these Customer Terms.

Buy Section means the section of the Platform for listings of properties for sale located at realcommercial.com.au/for-sale.

Consumer Quality Index or CQI refers to our internal methodology used to determine share of marketing for Non-Listing Products between Agency Office’s and Agency Group’s. CQI considers a range of data, including active listings, Depth Product usage and other factors that we believe indicates that consumers find value in a listing.

Customer Terms means these realcommercial.com.au Subscriber Terms and Conditions as published at realcommercial.com.au/terms and varied in accordance with clause 5(d).

Depth Contract means a contract to purchase an agreed volume of Depth Products in either the Buy Section or Lease Section of the Platform in order to access discounted rates for such Depth Products, being either an All Depth Contract or an Elect Depth Contract.

Depth Product means the Products described in Part C of these Customer Terms which can only be purchased under a Subscription to our Platform and which enhance the appearance and ranking of property listings on the Platform.

Developer Subscription means a subscription that allows a subscriber to upload Developer Listings to realestate.com.au (as provided in the Developer Subscriber Terms and Conditions).

Elect Depth Contract is a contract with a Minimum Commitment for you to purchase an agreed number and type of Depth Products for your listings in either the Buy Section or Lease Section as further described in clause 11.3 of Part C of these Customer Terms.

Flexi Depth Contract is a type of Depth Contract that is required to acquire a Flexi Subscription.

Flexi Subscription has the meaning described in clause 6 of Part B of the Customer Terms.

Further Term has the meaning in clause 3.2 of Part A of these Customer Terms.

Initial Term has the meaning in clause 3.1 of Part A of these Customer Terms.

Lease Section means the section of the Platform for listings of properties for rent located at realcommercial.com.au/for-lease.

Minimum Commitment has the meaning in clause 11.3 of Part C of these Customer Terms.

Non-Listing Products means the Products described in Part D of these Customer Terms and are Products available for purchase from us that are not listings or Depth Products.

Order has the meaning in clause 2(b) of Part A of these Customer Terms.

Platform means the realcommercial.com.au desktop website, mobile website and mobile application (including mobile phone, tablet and wearable applications) and related systems.

Platform Terms of Use means the terms published on the Platform and applicable to any access and use of the Platform.

Privacy Policy means our policy setting out how we collect, use, disclose and manage personal information, as published on the Platform.

Product means a Depth Product or Non-Listing Product.

Residential Subscription means a subscription to realestate.com.au that allows a subscriber to upload listings to realestate.com.au (as provided in the realestate.com.au Subscriber Terms and Conditions).

Sold Section means the section of the Platform for listings of properties that have sold, located at realcommercial.com.au/sold.

Subscription means your subscription with us that gives you the right to upload your listings to the Platform, being the subscriptions described in clauses 1, 2, 3 and 6 of Part B of these Customer Terms.

Term means your Initial Term and Further Terms (if applicable).

We / our / us means realestate.com.au Pty Ltd (ACN 080 195 535)the entity operating realcommercial.com.au; and

You means you, the legal entity that owns the Agency Office.

2. Your Agreement with us

Your agreement with us (Agreement) consists of:

(a) these Customer Terms, comprising Part A – General Terms Applying to Subscriptions and Products, Part B – Special Terms applying to Subscriptions, Part C – Special Terms applying to Depth Products; Part D – Special Terms Applying to Non-Listing Products and Part E – Special terms applying to purchase of advertising on myfun.com; and

(b) any physical document or electronic interface that we make available to you which you sign or otherwise indicate your agreement to, and which identifies your Subscription, Depth Contract or Depth Product Order, including, but not limited to, paper order forms, insertion orders or contracts, emails, online order forms or other documents (including those made available to you via Agent Admin) (your Order); and

(c) the terms and conditions of our Privacy Policy, Platform Terms of Use and Acceptable Use Policy applicable to your Subscription; and

(d) the terms and conditions of any credit application accepted from you.

This Agreement is the entire agreement between us about its subject matter and it supersedes all prior agreements and understandings between us.

3. Term

3.1 The term of this Agreement is the initial term set out in the relevant Order for the Subscription (Initial Term) and any Further Terms, subject to termination in accordance with this Agreement.

3.2 For Subscriptions, the Order specifies an Initial Term (usually 12 months). Following the expiry of the Initial Term, your Subscription will, subject to your rights under clause 3.3 below, continue for further periods of the same period as the Initial Term (each a Further Term) until terminated in accordance with this Agreement.

3.3 If you do not wish for your Subscription to continue for any Further Term, then you must, at least thirty (30) days before the expiration of the Initial Term, provide us with clear written notice that you do not wish for your Subscription to continue beyond the Initial Term or the then current Further Term. If you give such notice, this Agreement will terminate upon the expiration of the Initial Term or the then current Further Term. To ensure that you are given an opportunity to exercise your rights under this clause 3.3, we will notify you via email of your opportunity to provide us with written notice under this clause 3.3 at least 40 days before the expiration of the Initial Term or the then current Further Term.

3.4 If we do not wish for your Subscription to continue for any Further Term, we will, at least 30 days before the expiration of the Initial Term or the then current Further Term, provide you with clear written notice that your Agreement will terminate upon the expiration of the Initial Term or the then current Further Term.

4. Your warranties and representations

You represent and warrant to us that at all times during the Term of this Agreement:

(a) you hold all required licences or accreditations to sell or lease all your listings on the Platform;

(b) you have authority to sell or lease all your listings on the Platform and have the proper authorities in place required by State or Territory regulations; and

(c) you will comply with all of your obligations set out in clause 6.

5. Your acknowledgements

You acknowledge and agree that at all times during the Term of this Agreement:

(a) in consideration for us granting you a right to upload listings to the Platform and the other services we provide, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, licence to other persons, use and adapt for any purpose related to our websites any content you provide to us during the Term, and this licence survives termination of this Agreement by you or us;

(b) we may, at our discretion, remove or amend some or all of your listings if you are, in our reasonable opinion, in breach of your obligations under clause 6(e) below;

(c) you are solely responsible for the content of your listings and any errors or omissions in your listings – our role is one of publisher;

(d) we may vary this Agreement or any of its constituent documents, provided that if the variation would result in a material change to either party’s rights or obligations and, for that reason, may cause you material detriment, we will give you at least 30 days’ written notice via email before the variation is to take effect and you may terminate this Agreement during this period if you consider the variation will cause you material detriment. For variations that do not result in a material change to either party’s rights or obligations ow would not cause you material detriment, we will give you at least 30 days’ written notice via Agent Admin before the variation is to take effect and you may not terminate this Agreement during this period under this clause 5(d);

(e) this Agreement consists of the documents referred to in clause 2 above, as varied from time to time in accordance with clause 5(d) above;

(f) all features of our Subscriptions and Products are subject to change, development and discontinuation and, as such, we may vary or discontinue any feature of a Subscription or Product, provided that if the variation or discontinuation would result in a material change to your rights and, for that reason, may cause you material detriment, we will give you at least 30 days’ written notice via email before the variation or discontinuation is to take effect and you may terminate this Agreement during this period if you consider the change will cause you material detriment. For variations or discontinuations that do not result in a material change to your rights or would not cause you material detriment, we will give you at least 30 days’ written notice via Agent Admin before the variation or discontinuation is to take effect and you may not terminate during this period under this clause 5(f);

(g) we will use best endeavours to provide you with continuous and fault-free operation of the Platform and the other services we provide you, however we cannot guarantee this and technological failures or delays may prevent us from doing so;

(h) where you have provided us with your contact details or your employees have provided us with their contact details (verbally or in writing, including by the provision of a business card to our employees) we may contact you and your employees from time to time in relation to Products and services offered by us or our business partners and you authorise us:

(1). to contact you or your employees via email, text message push notifications and other electronic media, unless you explicitly request us not to contact you via these media; and

(2). to contact you or your employees via any of these methods without including an unsubscribe facility, to the extent permitted by law.

6. Your obligations

Your obligations to us are as follows:

(a) you will only upload listings to the Platform yourself or via an authorised third party who has been provided with and agreed to each of the documents comprising this Agreement (subject always to clause 6(l) below;

(b) if you are, in our reasonable opinion, in breach of clause 6(e) below, you will promptly comply with any direction we give to you in relation to your relevant listing(s), including any direction to delete, amend or update any relevant listing(s);

(c) you will comply with the Privacy Policy, Acceptable Use Policy and Platform Terms of Use (as varied from time to time);

(d) where you provide us with personal information of any individual, you must inform that individual that their personal information will be used and disclosed by us in accordance with our Privacy Policy;

(e) you will ensure that any statement you make to us or any content or material supplied by you (including content uploaded to the Platform):

(1). is not unlawful;

(2). is not provided for an improper purpose;

(3). is not misleading or deceptive or likely to mislead or deceive (including for the reason that the branding on a listing would, or would be likely to, mislead or deceive consumers about who is responsible for selling the relevant property (i.e. Agency Group(s), Agency Office(s) or individual agent(s))

(4). does not include information that is defamatory, fraudulent, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction; and

(5). does not otherwise breach the Acceptable Use Policy;

(f) you will comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010(including the Australian Consumer Law); fair trading legislation; real estate agent legislation and regulations (including rules governing the disclosure, retention and payment of any rebates or benefits) and any other applicable advertising standards and regulations including the Privacy Act 1988 and regulations thereunder;

(g) you will ensure that you and all employees of your Agency Office(s) will treat our employees with courtesy at all times and not threaten, harass, abuse, assault, use offensive language towards, defame or repeatedly and unnecessarily contact our employees, contractors or agents or otherwise cause them distress or discomfort;

(h) you will comply with any guidelines and codes issued by your local and national body for your type of organisation;

(i) you will ensure that your username and password for accessing any service supplied by us are kept secure at all times and are only disclosed to persons employed by you or engaged to provide services to you and who are authorised to incur charges on your behalf. However you are responsible for any use of any service supplied by us using your username and password by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use;

(j) you undertake that you will only collect, use, disclose and store personal information obtained through the Platform including through leads generated by users submitting enquiries on the Platform, for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about, unless advised otherwise by us;

(k) unless we waive this requirement, you must have one Subscription per Agency Office and may only have one Subscription per Agency Office;

(l) you will not allow anyone else to use your Subscription to list on the Platform, including but not limited to:

(1). a person working in another Agency Office;

(2). another Agency Office;

(3). an Administrative Office in your Agency Group; or

(4). any individual that is not using your Subscription in the course of their employment for your Agency.

It is acknowledged that an Agency Group may have one Administrative Office that does not require a Subscription.

7. Termination or suspension by us

7.1 Without limiting our other rights, we may immediately terminate this Agreement or suspend or temporarily remove any of your listings if:

(a) you fail to pay any fees or charges due to us within 30 days after the due date;

(b) any of your warranties or representations in clause 4 are incorrect;

(c) you are in material breach of your obligations under this Agreement (and, for these purposes, any breach of any obligation under clause 6 above will be regarded as material);

(d) you are in breach of this Agreement (whether or not the breach is material and you fail to rectify the breach within 7 days of us giving you notice of the breach and requiring that it be remedied);

(e) you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent; or

(f) you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.

7.2 In the event that we exercise our right to suspend or temporarily remove your listings pursuant to clause 7.1 above, you will remain liable for all Subscription and Product fees until the termination or expiration of this Agreement.

8. Termination by you

In addition to any rights of termination you may have under another clause of this Agreement, you may immediately terminate this Agreement if:

(a) we are in material breach of any of our obligations under this Agreement;

(b) we are in breach of any of our obligations under this Agreement (whether or not the breach is material) and fail to rectify the breach within seven (7) days of you giving us notice of the breach and requiring that it be remedied;

(c) we enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent;

(d) we are wound up or an application for winding up is filed; or

(e) we exercise our right to suspend or temporarily remove your listings under clause 7.1 for a period of 30 days or more.

9. Effect of termination or suspension

9.1 Termination of this Agreement or suspension or temporary removal of listings pursuant to clause 7.1 does not:

(a) relieve you of your liability to pay fees up to the effective time of termination and, for the avoidance of doubt, invoices will still be issued and payable for periods of suspension and during notice periods leading to termination;

(b) relieve either party of its accrued obligations and liabilities pursuant to this Agreement which may be enforced before or after termination; or

(c) waive any accrued rights in respect of any breach of this Agreement by either party.

9.2 REA may decide, in its sole discretion, not to enter into a new agreement with you if you have previously terminated an Agreement or contract of any type with REA.

9.3 The sums payable by you on termination shall be a debt due to us payable within 30 days of notice of termination.

10. Fees and billing

10.1 The initial fees for your Subscription and Products will be specified in your Order. Fees are payable from the date specified in your Order. Subscription fees are payable monthly and for the avoidance of doubt the fees specified in your Order are the monthly rates (unless stated to be for a different period).

10.2 We reserve the right to change the fees for any Subscription or Product at any time. You will be notified 30 days in advance of any changes to fees and may terminate prior to these changes taking effect if you consider these will cause you a material detriment.

10.3 Current and amended fees will be made available to you through a channel notified to you for the applicable Product, such as our Platform, these terms and conditions, our tools or marketing materials. It is your responsibility to quote up-to-date prices and the fees apply regardless of your ability to recoup the fees.

10.4 If we incur a third party cost to process a card payment or other transaction, we may charge a reasonable transaction fee.

10.5 The initial month’s fees may be billed in advance or in arrears to fall within our regular billing cycle. Fees for subsequent months are payable in accordance with the invoice we submit to you.

10.6 At our discretion, we may send invoices to you by email or such other electronic method as we may notify to you. Upon request you will advise us an email address to which we may send your invoices. It is your responsibility to ensure that email address is accurate, up-to-date, functioning properly and regularly monitored by an authorised person on your behalf. It is also your responsibility to advise us of any changes to the email address to which invoices should be sent. If an email address notified by you ceases to function properly or otherwise should be amended, you will promptly provide an alternate email address for the purpose of receiving invoices. Invoices are deemed to be received by you on the day immediately following the date shown by our email system as the sent date. Any failure to receive an invoice does not relieve you of liability for payment of fees by the due date shown on the invoices.

10.7 You will pay all taxes, duties and other government charges payable in connection with this Agreement whether applying as at the date of this Agreement or in the future 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.

10.8 Fees for Subscriptions are determined on the basis of the physical location of the Agency Office holding the Subscription, not the billing address listed for the Agency Office.

11. Credit provisions

11.1 You acknowledge and agree that we may at any time:

(a) obtain from a credit reporting agency, a credit report containing personal credit information about you or your directors and officers, in relation to any commercial credit we provide or consider providing to you;

(b) receive from a credit reporting agency, a credit report containing personal information about you or your directors and officers in relation to overdue payments;

(c) give information to, or seek information from, any credit provider named in a credit report issued by a credit reporting agency, and any existing, previous or future supplier of goods to your or any related party of the Applicant (as defined in the Corporations Act 2001) and such information may include details of your (or your related parties’) credit arrangements, credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other; and

(d) in circumstances where we request a director’s guarantee to secure the repayment of any amount you owe to us from time to time and this is not provided to us, charge the interest you have now or in the future either solely or jointly in all present and after-acquired personal property.

11.2 You acknowledge that the security interest granted to realestate.com.au Pty Ltd pursuant to clause 11.1(d) is capable of being registered pursuant to the Personal Property Securities Act 2009 (PPS Act). You further acknowledge that the security interest will continue until we give a final release in relation to the secured goods.

11.3 You acknowledge that we may take all necessary steps to register the security interest granted to us pursuant to clause 11.1(d) under the PPS Act, and you consent to us doing so. You further undertake to promptly provide any information and do all things as required by us to enable us to perfect our security interest in the goods.

12. Limitation of liability and indemnity

12.1 Subject to clause 12.4 below, to the extent permitted under the Competition and Consumer Act 2010 (including the Australian Consumer Law) or any other applicable law, each party:

(a) excludes all conditions and warranties implied into this Agreement;

(b) excludes liability for consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits); and

(c) limits its liability for breach of any consumer guarantee, condition or warranty that cannot be excluded to (at the party’s option) resupplying the relevant service or paying the cost of having the relevant service resupplied.

12.2 Each party must take all reasonable steps to minimise any loss it suffers or is likely to suffer and that is the subject of a claim under this Agreement. If a party does not take reasonable steps to minimise that loss, then liability for the relevant claim will be reduced accordingly.

12.3 Neither party will be liable under this Agreement to the extent that liability is caused by:

(a) the other party’s breach of its obligations under this Agreement or its negligent act or omission; or

(b) any delay in performance or breach of this Agreement which arises as a result of any matter beyond its control including, in our case, viruses, other defects or failure of the server hosting the Platform.

12.4 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 any content or material uploaded or submitted by you in connection with this Agreement or any other act or omission by you in connection with your use of the Platform or our other services.

12.5 Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement for whatever reason.

13. Assignment

13.1 You must not assign this Agreement without our prior written consent, which will not be unreasonably withheld.

13.2 We may assign this Agreement at any time. If we assign this Agreement, we will notify you of the assignment.

14. Notices

14.1 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.

14.2 All notices from you to us (including termination notices) must be sent:

(a) by email to renewals@realcommercial.com.au or

(b) by fax to 1300 664 044

Emails will not be accepted from Hotmail, Gmail or similar accounts. These contact details may be amended from time to time. It is your responsibility to check these General Terms for the current contact details.

15. General provisions relating to rights and remedies

15.1 No delay or failure by either party to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by either party will be effective unless it is in writing and signed.

15.2 If any term of this Agreement is void, unenforceable or illegal, that term is severed. The remainder of this Agreement has full force and effect.

15.3 Each party’s rights and remedies provided in this Agreement are in addition to other rights and remedies given by law and equity independently of this Agreement.

16. Governing Law

16.1 The laws of Victoria, Australia govern this Agreement.

16.2 Each party submits to the exclusive jurisdiction of the Courts of Victoria, Australia and waives any right 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).

Part B: Special terms applying to Subscriptions

1. Standard Subscriptions

A Standard Subscription provides you with the right to upload your commercial property listings to the Buy Section or Lease Section (as applicable) as basic listings and purchase additional Products.

2. Platinum Subscriptions

2.1 A Platinum Subscription includes:

(a) the rights of a Standard Subscription; and

(b) five (5) credits for Enhanced Listing (each with a 30 day campaign duration) per month (Enhanced Listing Credits).

2.2 Your Enhanced Listing Credits are subject to the following terms:

(a) unused Enhanced Listing Credits are forfeited at the end of each month; and

(b) Enhanced Listing Credits are non-transferable and cannot be redeemed for cash.

3. Diamond Subscriptions

3.1 A Diamond Subscription includes:

(a) the rights of a Standard Subscription;

(b) property market data, statistics and analytics (Market Data);

(c) data to help you track the effectiveness of a listing campaign against other comparable listings on the Platform and return on investment data such as number of views and measures of user engagement with the listing (Campaign Data);

(d) tools designed to help you use social media in conjunction with your subscription (Social Media Tools); and

(e) five (5) Enhanced Listing Credits (subject to the same terms applying to Enhanced Listing Credits granted under clause 2 of this Part B for Platinum Subscriptions).

3.2 You acknowledge that Market Data and Campaign Data:

(a) is provided for general indicative and trending purposes only – we do not warrant the accuracy or reliability of this data and it should not be regarded as a substitute for professional advice;

(b) is provided for your internal business use only and may not be copied, reproduced, published or disclosed to any person outside your agency or franchise group, save that Campaign Data may be used to illustrate to your clients the performance of their listing(s) on the Platform and in presentations and meetings with prospective clients as an example of the performance of a property campaign on the Platform; and

(c) may not be used, referenced or quoted for promotional purposes of you, your agency or your franchise group.

3.3 You acknowledge that the Social Media Tools may include links to third party websites and applications and you agree to comply with any terms and conditions that govern these.

4. Pay-Per-Listing

4.1 If you have a Residential Subscription or Developer Subscription, you can place an Order for a listing to be uploaded to the Buy Section or Lease Section (Pay-Per-Listing) at a communicated Pay-Per-Listing rate, subject to Part B of these Customer Terms (and, if the ordered listing is a Depth Product, Part C of these Customer Terms will also apply).

4.2 You will not be entitled to any refund if you incorrectly or inadvertently select or a load listing as a Pay-Per-Listing listing, either via Agent Admin or via XML feed.

5. Subscription upgrades and downgrades

5.1 You may downgrade your Subscription on a contract anniversary by giving us at least 30 days’ notice in advance of that contract anniversary. If you elect to downgrade your Subscription under this clause 4.1, you will enter a new 12 month Initial Term for the Standard Subscription, Access Subscription, Flexi Subscription or Platinum Subscription (as applicable).

5.2 You may upgrade to a Platinum Subscription, Diamond Subscription, Access Subscription or Flexi Subscription (as applicable) at any time.

6. Other subscriptions

6.1 You may also be eligible to purchase:

(a) an Access Subscription, which combines the rights of a Standard Subscription, at a discounted price compared to the Standard Subscription; or

(b) a Flexi Subscription, which combines the rights of a Standard Subscription, at a discounted price compared to the Standard Subscription.

6.2 Eligibility for Flexi Subscriptions varies from time to time and is determined by reference a range of factors, including the volume of listing and types of Depth Products you are using.

6.3 Acquiring new Products or elements of an offer program during the term of a Flexi Subscription or Access Subscription will append the relevant Products to your Subscription at the offer rate, but will not change the Subscription term.

Part C: Special terms applying to Depth Products

1. Basic Listing

1.1 A Basic Listing typically ranks below all other listings in search results, depending on the users’ search criteria and ordering preferences.

1.2 Basic Listings expire 90 calendar days after the later of the date that the property:

(a) was first listed on the Platform;

(b) was last modified by you or your representative; or

(c) reverted to a Basic Listing from any upgraded listing on the Platform.

1.3 Basic Listing are removed from the Platform if they have not been updated or modified for a period of more than 90 calendar days or as otherwise allowed for in these terms (e.g. where a listing contains unlawful content, we may remove it where you have failed to modify it).

2. Enhanced Listing

An Enhanced Listing is an upgraded listing Product that allows you to promote your listing above Basic Listings in the search results, for the term specified in your Order. Enhanced Listings typically rank below any Elite Listing or Elite Plus Listing in the search results, depending on the users’ search criteria and ordering preferences.

3. Elite Listing

3.1 An Elite Listing is an upgraded listing Product that allows you to promote your listing above Enhanced Listings and Basic Listings in the search results, for the term specified in your Order (Elite Listing Term). Elite Listings typically rank below Elite Plus Listings in the search results, depending on the users’ search criteria and ordering preferences.

3.2 Elite Listings also provide a larger agent logo and property photo than Enhanced Listings or Basic Listings.

4. Elite Plus Listings

4.1 An Elite Plus Listing is an enhanced listing Product to promote your listings above Elite Listings, Enhanced Listings and Basic Listings, for the term specified in your Order and depending on the users’ search criteria and filtering.

4.2 Elite Plus Listings also provides a larger agent logo and property photo than Elite Listings, Enhanced Listings and Basic Listings.

4.3 Elite Plus Listings include one (1) Extra Location Product at no additional cost. If you wish to use this Extra Location you must advise before the term of your Elite Plus Listing commences – Extra Locations cannot be added during the term of the Elite Plus Listing.

5. Extra Categories

5.1 If you upgrade to an Elite Listing or Elite Plus Listing, you may purchase the Extra Category Product. Extra Categories cannot be purchased during the term of an Elite Listing or Elite Plus Listing.

5.2 The Extra Category Product allows you to extend the reach of your listing by adding additional property categories to the listing (i.e. your listing will be displayed in the primary search results for the property categories it is listed against).

5.3 The Extra Category Product is not eligible for re-feature discounts (see clause 10.11 below).

6. Extra Locations

6.1 If you upgrade to an Elite Listing or Elite Plus Listing, you may purchase the Extra Location Product. Extra Locations cannot be purchased during the of an Elite Listing or Elite Plus Listing.

6.2 The Extra Location Product allows you to extend the reach of your listing by adding additional locations to the listing (i.e. your listing will be displayed in a secondary list to the primary search results for the location searched).

6.3 The Extra Location Product is not eligible for re-feature discounts (see clause 10.11 below).

7. Building Profiles

7.1 The Building Profile Product is a premium Depth Product available for purchase subject to your Subscription and contracted commitment to Depth Products. A Building Profile allows you to showcase an entire building and its assets, features, benefits and the spaces that are available for sale and/or for lease.

7.2 The Building Profile Product includes three (3) listing search results in the Buy Section and/or Lease Section. Additional listing search results may be added to a Building Profile. Any special rate or discounts we have otherwise made available to you do not apply to these additional listing search results you link to a Building Profile. Listing search results associated with a Building Profile must not have a term that is longer than the term of the Building Profile that it links to.

7.3 If you purchase a Building Profile, you are responsible for supplying and maintaining all digital assets, data and information required to populate and manage the Building Profile and any listing search results you add to the Building Profile. Any errors or omissions in this content is your sole responsibility and you indemnify us against any claim or loss arising from it, including for breach of third party intellectual property rights.

7.4 A Building Profile commences on the first business day of the month following our receipt of a complete Order and continues for the period specified in the Order, after which any listing search results on the Building Profile revert to Basic Listings. You may renew your Building Profile/s on 30 days prior written notice.

7.5 Building Profiles are billed at a building or property level and are charged in accordance with your Order.

7.6 Building Profiles are provided on an ‘as is’ basis and are subject to change, development and discontinuation. We will notify you if this happens and any listing search results in a Building Profile will be reverted to an Elite Plus Listing for the remainder of the intended term of the Building Profile, or 180 days (whichever is shorter).

8. Conjunctional listings

8.1 Conjunctional listings are available where more than one Agency Office or Agency Group is appointed to sell or lease a property. Conjunctional listings allow for the placement of up to four (4) Agency Offices or Agency Groups on a listing.

8.2 Conjunctional listings may be upgraded with Depth Products (i.e. to an Enhanced Listing, Elite Listing or Elite Plus Listing) at any time. The prominence of each Agency Office or Agency Group on the listing is rotated in accordance with the branding rotation rules applicable.

9. Sold Section

9.1 The Depth Product features described above apply in the Buy Section of our Platform. Those features will transfer to the Sold Section of the Platform for the remainder of the Depth Product Term for listings marked as sold, leased or under contract (until marked as sold).

9.2 Where a sold price for a listing is supplied, the Depth Product features applicable during the Term will continue. If the listing had reverted to a Basic Listing prior to the date of the relevant property’s sale, it will feature in our Sold Section with the Depth Product features applicable to the last Depth Product that had applied to the listing.

10. General provisions applying to Depth Products

10.1 Where you have submitted an Order for a Depth Product in respect of a property listing (Depth Product Order), you cannot cancel or modify it without our agreement.

10.2 Refunds will not be given:

(a) once a Depth Product Order has been submitted;

(b) where you incorrectly or inadvertently make a Depth Product Order or select or load listings as Depth Products;

(c) where properties listed in the form of Depth Products are sold, leased or removed from the site for any reason before the expiry of the Depth Product’s term;

(d) in respect of any unused portion of any Depth Product’s term where another Depth Product is purchased to further upgrade the listing with; and

(e) if due to your Subscription terminating or being suspended (for any reason), your Depth Product Order(s) being terminated or suspended (as applicable) before the end of the Depth Product term.

10.3 You cannot swap the property nominated in your Depth Product Order with any other property.

10.4 If a listing is upgraded to a higher priority Depth Product and the new Depth Product has a term less than the remaining term of the existing Product for that listing, then the listing will revert to the previous Depth Product once the term of the new Depth Product has expired.

10.5 You may upgrade from Basic to Enhanced, or Enhanced to Elite, or Elite to Elite Plus at any time.

10.6 No downgrades are permitted for any Depth Product during the term of the Depth Product.

10.7 Where the term of a Depth Product extends beyond the renewal date for your Subscription and your Subscription is renewed, then that Depth Product will be displayed for the remainder of its term, but it will be charged at the rate applicable to the Depth Product during the Further Term for your Subscription.

10.8 Where more than one of the same Depth Product appears in a set of search results, the order of appearance is at our discretion.

10.9 If you purport to cancel a Depth Product or Depth Product Order you acknowledge that you shall remain liable for the fees payable until expiry of the Depth Product.

10.10 Any images contained in Depth Products must comply with our reasonable directions given from time to time.

10.11 You may be sent an offer to re-feature a Depth Product for an additional term at a discounted price. If this offer is accepted prior to the expiration of your current campaign you will not be entitled to a refund in respect of the unused remainder of your current campaign.

11. Depth Contracts

11.1 In addition to your Subscription and ability to purchase Depth Products in respect of individual listings, you may also purchase Depth Contracts in order to access discounted rates for Depth Products. Depth Contracts may be either All Depth Contracts or Elect Depth Contracts and only some of these Depth Contracts will meet the requirements of a Flexi Depth Contract.

11.2 An All Depth Contract automatically elevates all of your new listings to an agreed type of Depth Product at a discounted price, subject to the same terms and conditions. After submitting your Order for an “All” contract there may be a delay before the Product is activated.

11.3 An Elect Depth Contract requires you to apply a Depth Product to an agreed number of listings per agreed time period (Minimum Commitment) at a discounted price, subject to the same terms and conditions. If you do not reach the Minimum Commitment, you will still be charged as if you had reached the Minimum Commitment, on the assumption that the listings comprising your Minimum Commitment were located in the suburb in which your Agency Office was located at the time of billing.

11.4 The following listings may be counted towards the Minimum Commitment:

(a) new listings that have not been upgraded already;

(b) listings that are re-upgraded during the listing campaign duration;

(c) aged listings that are upgraded at the contract rate but have not been previously upgraded; and

(d) downgrading an existing Depth Product of a higher ranking to the relevant Depth Product to which the Elect contract applies.

For the avoidance of doubt, listings in the Lease Section are excluded from counting towards the Minimum Commitment of a Depth Contract for the Buy Section. Similarly, listings in the Buy Section are excluded from counting towards the Minimum Commitment of a Depth Contract for the Lease Section.

11.5 You may upgrade any Depth Contract at any time by upgrading the Depth Product type (e.g. from Elite All to Elite Plus All) or adding a secondary Depth Contract (e.g. An All Depth Contract cannot be transitioned to an Elect Depth Contract). An Elect Depth Contract for a higher ranking Depth Product may be purchased in addition to an All Depth Contract for a lower ranking Depth product.

11.6 All Depth Contracts or Elect Depth Contracts are subject to the same Term provisions as set out in clause 3 and Termination provisions in clauses 7 and 8 of Part A, above, as if they were a Subscription. You shall remain liable for the fees payable until the termination and these shall be a debt due to us payable within 30 days of notice of termination.

Part D: Special terms applying to Non-Listing Products

1.1 The Agency Search Product is a section of realcommercial.com.au which contains details of Agency Offices and Agency Groups (Agency Profiles).

1.2 Agency Profiles contain details an Agency Office or Agency Group have submitted to our site. It may also include properties sold and rented by the Agency Office or Agency Group and a free text description the Agency Office or Agency Group.

1.3 The results and ranking of any Agency Office or Agency Group for a particular location searched by a user is determined by reference to the users search criteria (including location), the number of relevant listings on the Platform, your ranking on our Consumer Quality Index and other relevant information supplied by the Agency Office or Agency Group. To appear in Agency Search you must have a Subscription. From time to time we may change the criteria for the results and ranking of an Agency Office or Agency Group.

1.4 Even if an Agency Office or Agency Group holds a Subscription, it may not appear in an Agency Office or Agency Group search (although they will still have an Agency Profile): (a) business brokers and (b) property owners. We reserve the right, in our absolute discretion, to determine whether or not an agency is a business broker, property owner or other type of agency. Business brokers and property owners are excluded from Agency Search because, in our opinion, consumers would not be able to list commercial real estate for sale or rent through these parties.

1.5 It is a breach of clause 6(e) of Part A of this Agreement and the Acceptable Use Policy to include false information or increase the ranking of the Agency Office or Agency Group by manipulating the data we use in a misleading manner.

1.6 Ranking of Agency Offices or Agency Groups:

(a) are provided for general indicative and trending purposes only; and

(b) may not be used, referenced or quoted for promotional purposes of you, your Agency Office or your Agency Group.

1.7 We reserve the right to place limitations on or alter the look and feel of our Agency Search Product from time to time and will notify you of any material changes.

2. Strip Ads

2.1 The Strip Ad Product entitles you to have a strip banner display advertisement promoting you or your Agency Group included in search results that match our Platform user search criteria.

2.2 Strip Ads appear in searches for properties listed on the Buy Section and Lease Section of our Platform.

2.3 You or your Agency Group may only purchase one Strip Ad in one postcode at any one time.

2.4 Your Strip Ads must advertise you or your Agency Group and include your current branding. You may also include a link to your website or your Agency Profile. You must not include any listings or photos of individual agents, or links to other websites that promote other businesses or services.

3. Email Alert Strip Ads

3.1 The Email Alert Strip Ad Product lets you advertise you or your Agency Group in property eAlerts sent to registered users of our Platform who have requested the relevant eAlert.

3.2 Only one customer may have an Email Alert Strip Ad in one suburb at any one time.

3.3 Email Alert Strip Ads can link through to your website or your Agency Profile, but your Email Alert Strip Ad must not link to any other websites that promote other businesses or services.

3.4 You may not use the Email Alert Strip Ad Product to promote any listings or any development project.

4. Half Page and MREC Banners

4.1 Our Half Page and MREC Banner Products entitle you to placement of banner display advertising targeted towards either a state or national audience via our Platform’s home page or Agency Search section, and such other sections of our Platform as we communicate to you as being available from time to time.

4.2 The duration and format for Half Page and MREC Banners may vary and we will advise you, at the time of placement, what duration and format is available at that time.

4.3 Half Page and MREC Banners must:

(a) include your or your Agency Group’s current branding and may link to your website or a dedicated campaign website; and

(b) not include any property, development or listing content. For the avoidance of doubt, you promote a portfolio or listings or an auction event.

5. Native Advertising

5.1 The Native Advertising Product entitles you to banner advertising within the property search results page of a specified suburb and section of our Platform’s mobile applications, e.g. Melbourne – For Sale (iOS App).

5.2 Native Advertising is subject to availability and there is a maximum number of Native Advertising placement spaces available for a suburb and section of our Platform.

5.3 Native Advertising may be used to link through to your website or Agency Profile, but it must not be used to link to websites that promote other businesses or services.

6. Consumer Quality Banners

6.1 We may at no cost to you and in our complete discretion, provide you with a Consumer Quality Banner if we consider that your agency has contributed to enhancing the consumer experience on our Platform. Eligibility to receive Consumer Quality banners is not automatic and in order to be considered, an Agency Office or Agency Group must have at least a ten per cent share of marketing voice, as determined by our Consumer Quality Index.

6.2 The form, prominence, position and period of display of any Consumer Quality Banner is determined by us in our sole discretion and we may withdraw any Consumer Quality Banner at any time.

6.3 For suburbs where no Agency Office or Agency Group is provided with a Consumer Quality Banner (i.e. multi-suburb searches, state searches and searches by region), we may use our Consumer Quality Index at a state or territory level and provide a Consumer Quality Banner to one or more Agency Offices or Agency Groups.

6.4 You may request to provide your own banner creative, and if we agree, you must provide it to us at least 14 working days before the scheduled start date of the Consumer Quality Banner (as notified to you). Subject to our approval, your creative must comply with our Acceptable Use Policy and other guidelines, as provided to you and amended from time to time.

6.5 If we provide the creative for you, we will use a banner that you have previously provided or create your banner using your logo, photo, primary colour and contact details from Agent Admin. Our third party creative builder may contact you in relation to the creative, but you will not have a right of review or approval.

6.6 Your Consumer Quality Banner will link through to your Agency Profile and must not include property listings or links to other websites that promote other businesses or services.

7. Sponsored Content

The Media and Advertising Terms and Conditions apply to any purchase of Sponsored Content as if those terms formed part of these Customer Terms.

8. Extended Reach

8.1 Extended Reach is a display advertisement for a property that is served on third party websites that have made their display advertisement inventory available via an open advertisement exchange. These websites are not guaranteed and are subject to change.

8.2 Extended Reach will advertise a property to consumers that have searched on the Platform for a property with matching attributes. The location, optimisation and frequency of Extended Reach is subject to availability and will be determined in our sole discretion. We will use best endeavours to deliver the number of impressions purchased under your Order within the period specified, but reserve the right to extend the period by up to three (3) days.

8.3 Extended Reach can only be ordered with a minimum of three (3) days’ notice before the scheduled start date in respect of commercial property. Any changes to the start date must be requested with a minimum of three (3) business days’ notice.

9. General provisions applying to Non-Listing Products

9.1 We reserve the right to set eligibility criteria for Non-Listing Products and cannot guarantee eligibility to any Agency Office or Agency Group.

9.2 The purchase of any Non-Listing Product does not automatically confer any right of first refusal for further use of the Non-Listing Product beyond the term set out in your Order.

9.3 Images in Non-Listing Products must comply with our reasonable direction from time to time.

9.4 Unless otherwise specified, you may request to provide your own creative for Non-Listing Products. Any creative provided under this clause is subject to our approval, compliance with our Acceptable Use Policy and must be provided to us in the form, quality and specifications required at least five (5) working days before the scheduled start date of the Non-Listing Product (as set out in your Order or notified to you). If we provide creative for your Non-Listing Product, our third party creative builder may contact you in relation to the creative.

9.5 You may not cancel or modify an Order for a Non-Listing Product once it has been submitted.

9.6 The Media and Advertising Terms and Conditions apply to all Non-Listing Products unless the context requires otherwise or to the extent that they are inconsistent with these Customer Terms (in which case these Customer Terms prevail) and an Order for Non-Listing Advertising shall have the same meaning as an “Insertion Order”.

Part E: Special terms applying to purchase of advertising on myfun.com

1. Eligibility for myfun.com

1.1 You are eligible for your listings to feature on myfun.com where they are Elite Plus Listings or Elite Listings, however we may limit the:

(a) eligible categories of listings for myfun.com (for example, by reference to upgrade status on realcommercial.com.au, the type of property and/or the value of the property); and

(b) eligibility of certain customers to purchase myfun.com listings (for example, if there is a failure to meet any service level agreement we require in relation to following up leads obtained via myfun.com).

1.2 The limitations on eligibility above will be communicated from time to time.

2. Display of listings on myfun.com

2.1 The priority of listings in search results will depend on how users of myfun.com choose to sort their results (for example, newest to oldest listing, lowest to highest price, etc). The default sort priority is at our discretion.

2.2 The duration of the listing on myfun.com will be for so long as the listing is an active listing on realcommercial.com.au, unless some shorter duration is specified in your Order for the myfun.com listing. The duration specified on your Order runs uninterrupted from the start date of the listing, despite any instruction to postpone publication for any period of time.

2.3 Video content on myfun.com is hosted by an external Chinese provider called “YouKu”, located at YouKu.com. The video content on myfun.com is a copy of the content as it appears on realcommercial.com.au (hosted on YouTube). YouTube is not available in China, hence why we copy video content to the YouKu website for publication in China. By purchasing any myfun.com listing Product for a listing that includes video content, you consent to our copying of that video content to YouKu. You acknowledge that we have no control over the YouKu website and accept no responsibility for that website. We will use reasonable endeavours to remove video content you have provided to us as part of your listing from YouKu following your instruction, but we accept no responsibility if YouKu objects to content being removed.

2.4 By choosing to have your listing including on myfun.com, you consent to us amending your listing as it appears on myfun.com where we consider (in our absolute discretion) it is necessary to comply with Chinese law.

2.5 Included in the price of listing on myfun.com, your listing may also be syndicated to other international property websites with whom we have entered into syndication arrangements, for greater audience reach and exposure.

3. The realcommercial.com.au General Terms also apply to myfun.com listings

3.1 The realcommercial.com.au General Terms set out above also apply to myfun.com, unless the context requires otherwise.

3.2 Note that as well as the limitations on liability set out in the General Terms, to the extent permitted by law we specifically disclaim any liability in relation to inaccuracies in translation, miscommunications in the liaison services or outages in the site, for any reason.

4. Fees and billing

4.1 The fees for myfun.com will be specified in your Order. Fees are payable in accordance with the payment provisions of clause 10 of Part A above.

4.2 Without limiting clause 10.1 of Part A above, we reserve the right to change the fees at any time. You will be notified thirty days in advance of any changes of fees and may terminate prior to these changes taking effect if you consider these will cause you a material detriment.

4.3 No refunds will be given once your order is made.

Last updated October 2016.

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