Terms of Use

October 31, 2021

By accessing or using the website or any of our related websites, mobile websites, applications, services, products and tools (our “Websites”) you agree to accept and comply with the terms and conditions stated in this agreement as may be modified by Limited ACN 625 496 139, an Australian company (“Homes”), from time to time, with or without notice to you (our “Terms of Use”), and our Privacy Policy. The words “our”, “us” and “we” used herein refer to Homes and its related bodies corporate.

These Terms of Use constitute a binding agreement between Homes and you. We encourage you to read these Terms of Use and our Privacy Policy before you use our Websites. You are responsible for regularly reviewing our Terms of Use. We reserve the right to change any of our Terms of Use at any time by publishing the new terms or conditions on our Websites or otherwise making them available to you. Your ongoing 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 you may cease using our Websites. Otherwise, any continued use of our Websites will constitute your agreement to be bound by these Terms of Use and our Privacy Policy.

We do not warrant that content and links on our Websites will be accessible at all times. We also make no warranty regarding the accuracy or reliability of the content and information contained on our Websites, including any content provided by third parties and published on our Websites. We make no warranty regarding the accuracy or reliability of content on third party websites that can be accessed through advertisements and hyperlinks on our Websites. If you communicate with a third party through our Websites we do not accept any responsibility for any communication or transactions between you and such third party.

  1. Use of our Websites
    1. You agree to only access or use our Websites only for legal purposes that are permitted by these Terms of Use. You may view, retrieve, save, display and post content on our Websites in accordance with these Terms of Use. Purposes and activities that are not permitted by these Terms of Use include:
      1. Modifying, copying, distributing, transmitting, reproducing, licensing, creating derivative works from, framing in another web page, using on another website or application, or transferring any content, information or data from our Websites without the written permission of Homes;
      2. Making copies of all or any of the content, information and data on our Websites other than as reasonably required for your personal non-commercial use;
      3. Transferring or selling any information, software, lists of users, other data or databases, products or services obtained from our Websites, including scraping, retrieving, or indexing our Websites using automated devices, web crawlers, bots, software or processes for the purpose of extracting lists, property data or other information;
      4. Altering, modifying, damaging, disabling, impairing or overburdening the proper working of our Websites or interfering with any other party’s use and enjoyment of our Websites;
      5. Uploading viruses or other malicious code including, without limitation, trojan horses or other malware;
      6. Engaging in any activity that interferes with or disrupts the delivery of our products and services;
      7. Collecting other users’ content or information without our permission or transmitting unsolicited communications such as junk mail or unsolicited emails or instant messaging;
      8. Posting content or taking any action on our Websites that infringes or violates someone else’s rights, including copyright, trade secret, privacy or other intellectual property or proprietary right, or otherwise violates the law;
      9. Posing as a person or entity, attempting to solicit money or personal information from any person, soliciting login information or accessing an account belonging to someone else; or
      10. Facilitating or encouraging any breaches of these Terms of Use.
    2. You represent and warrant that your use of our Websites will comply at all times with these Terms of Use and any directions we may make to you in relation to your use of our Websites. We reserve the right to take the steps we deem necessary, in our full discretion, 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, entity or relevant authority.
  2. Privacy
    1. Your privacy is very important to us and we respect your privacy. Our Privacy Policy makes important disclosures about your personal information, how you can use our Websites to share content and information with us and with others, and how we collect and can use your content and information. It is important that you read our Privacy Policy.
  3. Sharing Your Content and Information
    1. You retain all of your ownership rights in all of the content and information you post on our Websites.
    2. Subject to these Terms of Use, for content and information that is covered by intellectual property rights, including data, text, audio, photos and videos, you grant us, and the users of our Websites, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, edit, modify, create derivative works from, display and share in any form and for any purpose the content and information that you post, share, publish, store or upload on, or in connection with, our Websites. This license ends when you delete your content, information or your account unless your content or information has been shared with others, and they have not deleted it. In addition, you warrant that you have the right to grant such licences and that the content and information that you post, share, publish, store or upload does not breach these Terms of Use.
    3. You understand and accept that deleted or removed content may persist in backup copies for a reasonable period of time.
    4. You warrant that if any content, including advertising and related information you post on our Websites contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, you have obtained the authority of that person to make use of his/her name or representation or the copy.
  4. Safety
    1. We do our best to keep you safe when using our Websites, however unfortunately we cannot always guarantee this.
    2. By using our Websites you affirm that you are 18 years of age or older, or have parental or guardian consent to use our Websites.
    3. We reserve the right to monitor and take action, in our full discretion, if any of our Websites, products and services are used inappropriately.
    4. We reserve the right to remove or modify any content or information you post on our Websites if we believe that it violates any of these Terms of Use.
    5. We do not promise that any of our Websites will not contain inappropriate, indecent, objectionable or offensive content or information or that we will remove / modify such content or information. As such, you use our Websites at your own risk.
    6. We cannot guarantee that other users will comply with our Terms of Use or otherwise behave appropriately.
    7. We accept no liability with respect to content or information that is posted, shared, published, stored or uploaded on our Websites by anyone other than us.
    8. If you are the victim of offensive or inappropriate behaviour or receive any other unwanted communications, please inform us via email to [email protected] as well as seeking appropriate external help, for example from relevant law enforcement authorities.
    9. By using our Websites you agree:
      1. You will not bully, intimidate, stalk or harass any user.
      2. You will not post public content that is hateful, threatening, pornographic; incites violence; contains nudity or graphic or gratuitous violence.
      3. You will not use our Websites to do anything unlawful, fraudulent, misleading, malicious, or discriminatory or engage in any abusive activity.
  5. Registration
    1. To access or use certain parts of our Websites you must register with us and open an account. You must provide the information requested by us to be able to open the account. We do not charge you to register and open an account.
    2. You may register by manually inserting your details or by logging in through your third party accounts with Facebook or Google. If you log in through a third party account, you grant us the right to access and use the details for such account.
    3. We may change our Websites and suspend, terminate or restrict your ability to use our Websites at any time if we believe, in our full discretion, that it is reasonably justified to do so in accordance with these Terms of Use.
    4. You are responsible for the security and confidentiality of your registration details, including any username and password that you may set up. You accept all liability for any unauthorised use of your username or password.
    5. By registering for an account with us you agree:
      1. You will not create an account for anyone other than yourself without permission.
      2. You will aim to keep your contact information accurate and up-to-date.
      3. You will not create more than one personal or business profile.
      4. You will not create another account without our permission if we suspend or terminate your account.
  6. Intellectual property rights
    1. All copyright and other intellectual property rights in the content and subject matter on our Websites is owned or licensed to, and other than as may be granted in these Terms of Use, you acknowledge and agree that you have no right to title or interest in such content and subject matter.
  7. Disclaimer
    1. Except where expressly stated otherwise, content on our Websites is provided as general information. Editorial content or articles on our Websites are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Our editorial content should not be regarded as advice or relied upon by you and we recommend that you seek legal, financial or real estate advice from relevant professionals before acting on what is referred to in the content.
    2. We will not be liable for any loss resulting from any action or decision by you in reliance on the content or information on our Websites, nor any interruption, delay in operation, virus, communications failure, internet access difficulties, or malfunction in equipment or software.
    3. You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with our Websites in any circumstance.
  8. Indemnity
    1. You agree to indemnify Homes and our affiliates (and each of their officers, agents, partners and employees), and hold all of them harmless from and against any direct or consequential expenses, costs, loss, damage we may suffer, liability, claim or demand, including legal fees and costs, as a result of, or related to, your use or access of our Websites, including your breach of these Terms of Use or any content or material uploaded or submitted by you.
  9. Links to our Websites
    1. If you link to our Websites, it is on condition that you do not:
      1. attribute a link to our content as being a link to your own or someone else’s content;
      2. attribute a link to our Websites and then link to a different website or application;
      3. frame our content in a manner that presents it as your own or as belonging to anyone other than us or our licensors; or
      4. link to our content as part of a property portal or property listings website that competes with us.
    2. We reserve the right, in our complete discretion, to require that you do not link to our content and we may exercise this right by giving notice to you.
  10. Limitation of Liability
    1. To the extent permitted by law, we exclude all warranties relating to your use of our Websites. Any implied warranty that cannot be excluded is restricted, at our discretion to:
      1. the re-supply of services or payment of the cost of re-supply of services;
      2. the replacement or repair of goods; or
      3. the payment of the cost of replacement or repair.
    2. We make no representations about the suitability of the information, products, and services posted or advertised on our Websites for any purpose. All such information, products and services are provided `"`as is`"` without any express or implied warranty. We disclaim all implied warranties and conditions with regard to the information, products, and services, posted on, or delivered in connection with, our Websites.
  11. General Terms
    1. These Terms of Use constitute the whole legal agreement between you and Homes and govern your use of the Websites (excluding any services which Homes may provide to you under a separate written agreement), and supersede any prior agreements between you and Homes in relation to the subject matter herein.
    2. You may not assign any of your rights under this agreement without our prior written consent. We may assign our rights under this agreement in our sole discretion without prior consent.
    3. If a term or condition, or part of a term or condition, in this agreement is or becomes illegal, invalid or unenforceable, such term or condition, or part of the term or condition, may be severed from this agreement and the remaining terms or conditions, or parts of the term or condition, of this agreement continue in full force and effect.
    4. hese Terms of Use will be governed by the laws of New South Wales, Australia, and by using our Websites you irrevocably and unconditionally consent to the jurisdiction of the courts in New South Wales, Australia.
  12. Further Terms applying to Real Estate Agencies submitting their Property Listings for Display on our Websites, in addition to the above Terms
    1. If you are a real estate agency submitting your for sale, for rent or other property listings for display on our Websites, you (the legal entity that operates as a real estate agency) represent and warrant that:
      1. you hold all required licenses or accreditations to sell or lease your property listings on our Websites (including appropriate real estate agency and other business licences); and
      2. you have authority to sell or lease all your property listings on our Websites, including the proper authorities in place required by State or territory regulations
    2. You acknowledge and agree that at all times that you have your property listings for display on our Websites:
      1. in consideration for us granting you a right to upload property listings to our Websites 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 business any content you provide to us;
      2. we may, at our discretion, remove or amend some or all of your property listings if you are, in our reasonable view, in breach of your obligations under these Terms of Use
      3. you are solely responsible for the content of your property listings and any errors or omissions in your property listings – our role is one of publisher;
      4. we will use best endeavours to provide you with continuous and fault-free operation of our Websites and the other services we provide you, however we cannot guarantee this and technological failures or delays may prevent us from doing so;
    3. Your obligations to us are:
      1. you will only upload property listings to our Websites yourself or via an authorised third party;
      2. you will comply with our Privacy Policy and these Terms of Use (as may be varied from time to time);
      3. you will ensure that any content or material supplied by you (including content uploaded to our Websites):
        1. is not unlawful or provided for an improper purpose;
        2. is not misleading or deceptive or likely to mislead or deceive;
        3. does not include information that is defamatory, fraudulent, infringes the intellectual property rights of third parties or would otherwise expose us to any liability, legal proceedings;
        4. you will comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010 (including the Australian Consumer Law); Trade Marks Act 1995; 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;
        5. you undertake that you will only collect, use, disclose and store personal information obtained through our Websites including through leads generated by users submitting enquiries on our Websites, for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about, unless advised otherwise by us;
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