Legal Information

Contractual Terms of Use of the realestate.com.au website.

If you browse or otherwise access any content or data on the realestate.com.au website, mobile site or apps, you agree to be bound by these terms.

If you are a realestate.com.au customer looking for the general terms and conditions applicable to your realestate.com.au subscriptions and other products, please click here or go to www.realestate.com.au/terms.

These terms of use and our Privacy Policy form the basis on which you may access and use our websites, including any subdomains of those websites, mobile sites, apps, APIs and widgets (together called “our websites” in these terms).  For APIs and widgets the additional terms of use at this link also apply. 

We reserve the right to change any or all of our terms of use or other conditions for using our websites at any time by publishing the new terms or conditions on our website. Your use of our websites constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our websites your sole option is to immediately cease your use of our websites.

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.

realestate.com.au Pty Ltd (REA) is 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, and any Third Party Content on our website) 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 any recipient through relying on anything contained in or omitted from our websites or publications.

Restrictions on use of websites

In accessing or using our websites you agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index our websites or any content on our website;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
(d) use or index any content or data on our websites for purposes of:

(i)    constructing or populating a searchable database of properties,
(ii)   building a database of property information; or
(iii)  competing with us in any manner that we have not specifically authorised;

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law;
(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our websites and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, REA 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 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.

Third party links and advertising

Our websites often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our 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 websites 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.

Contributions

In this section ‘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 our websites  as permitted under these terms.
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:

(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions are:

(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of our websites;
(iii) likely to cause offence;
(iv) materially incorrect;
(v) obscene;
(vi) defamatory;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.

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 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 our websites a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by REA and these terms.

You grant:

(i) REA, in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:

(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise REA to display the Contributions

For any Contributions that you may retain moral rights in, you declare that:

(c) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;

You understand that when accessing our websites, you may be exposed to the Contributions of other users of our websites. You acknowledge and agree that REA does have control of and is not responsible for these other Contributions. You release REA from any claims that you could assert against REA relating to or in connection with these other Contributions.

You represent and warrant that:

(a)   you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise REA to display your Contributions; and
(b)   you will not make any Contributions that:

(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of our websites.

Third Party Content

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.

Property Reports

If you request a property or suburb report or price estimate (Property Report) via our websites, you consent to the use of your email address for the purposes described in our Privacy Policy. Property Reports are of a general nature only, based on historical data and will not take into account the potential impact of external factors (such as changes in the economy, future planned infrastructure, regulation, environment  or the property market) which may affect the value of the property. Property Reports should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before making any property decisions.  In providing a Property Report, we do not act as an agent for you or any real estate professional involved in preparation of the report. For the avoidance of doubt, indicated sections of Property Reports and sections provided by real estate professionals (including any price estimate) are deemed to be Third Party Content for the purposes of the section immediately above.

Editorial content

Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.

Terms and Conditions for realestate.com.au Connect

‘realestate.com.au Connect’ is a subdomain or section of realestate.com.au which displays utilities products and services provided by various third parties such as energy, gas and telecommunications providers (‘Household Utilities’). It includes information, advertising, links and assistance to connect or purchase some of the displayed products and services.
In addition to the other terms and conditions in these Terms of Use, the following terms and conditions apply if you use realestate.com.au Connect.

Any quotes or prices for products or services displayed on realestate.com.au Connect are displayed on behalf of third party utilities providers and are indicative only. Quotes and prices are subject to change prior to confirmation and acceptance of your application by the third party provider and their terms and conditions.

REA and its service providers may receive fees for displaying the products and services on realestate.com.au Connect and providing your connection offer and details to the third party provider that you requested.

You acknowledge and agree that:

(a) while our websites may display advertising, information, links and connection assistance to services and products provided by third party providers, REA is not an energy or gas retailer, telecommunications company or financial adviser. Products and services displayed on realestate.com.au Connect are not offers by REA. REA is not acting as an agent but rather a conduit of Household Utilities that may be available to you. REA accepts no responsibility for the third party provider you are contracting with or any information provided by that third party provider. You agree not to bring any claims against realestate.com.au or REA Group Ltd in relation to realestate.com.au Connect or the utility service or connection itself;

(b) all our services and products (including realestate.com.au Connect) are subject to change, development and discontinuation at any time;

(c) subject to your rights under law which cannot be excluded, we do not warrant or guarantee:

(i) the continuous or fault-free operation of our websites; scheduled maintenance, systems or technological failure may impede or prevent access to all or any part of the property or utility data and transmission of data over the internet can be subject to errors and delays;

(ii) that all third party providers who display services or products through our websites are licensed, qualified or able to perform the services or products displayed. You acknowledge and agree that consequently we may not be able to connect you to the Household Utilities requested by you notwithstanding that you submit all the required information;

(iii) the response times indicated by us or any of our service providers or third party providers - despite our commitment to providing you with a timely response to your queries;

(iv) the quality of any services or products provided by our service providers or third party providers including any recommendations or suggestions on our Website. You acknowledge that you are responsible for reading all terms, conditions  and information attached to the purchase of a Household Utilities connections service or product and for your final choice of product or service. We recommend you take all necessary measures and precautions before you engage or rely on any information provided by the third party providing your selected connections services and products; and

(v) the accuracy of utilities products, services and information listed on or provided in relation to realestate.com.au Connect. We and our service providers have sought to accurately reflect the products and services and associated terms and conditions for those services and products on realestate.com.au Connect but accept no liability for any errors. We recommend you rely upon the terms and conditions provided to you by the third party provider that you contract with in preference to those displayed on realestate.com.au Connect.

(d) we may contact you from time to time to provide you with reports, information and updates regarding any services or products that you have requested from us or our service providers, and you authorise us or our service providers:

(i) to contact you via email, text message, live chat and other electronic media, unless you explicitly request us not to contact you via these media; and

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

You acknowledge that these reports, updates and information may be provided by or derived from third parties including the third parties providing the utilities connection services and products. We do not warrant the accuracy of the reports, updates and information.

(e) we collect, use and disclose the personal information you submit to us in accordance with our Privacy Policy and you agree to the processing of that information on those terms. Where you have selected to receive a product or service from one of the third party providers displaying products or services on realestate.com.au Connect, your information will be passed on to the relevant provider to enable processing of your application, completion and delivery of the products or services that you have requested to receive. However, we cannot guarantee that you will receive your chosen product or service, or that the third party will provide the products, services or respond to your request.

Further warranties

You represent and warrant that:

(a) your use of our websites will comply at all times with these terms and any directions we make to you in relation to your use of our websites from time to time;

(b) you will make sure that you keep your username and password by which you access ‘Myrealestate’ confidential and secure at all times; and

(c) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to REA.

Indemnity

You agree to indemnify and hold REA and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our websites or making Contributions not in accordance with these terms.

Policy for linking to our website

You may only link to content on our websites if we consent.  If we do allow you to link to our websites, it is on condition that you do not:

(a) attribute a link to REA content as being a link to your own or someone else's content (for example, use your own logo to link to our content);

(b) attribute a link to our site and then link somewhere else;

(c) frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or

(d) link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.

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 reasonable.

Limitation of liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) 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. 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.

Jurisdiction

Your use of our websites, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our websites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

© REA Group

Published 20 November 2013