Terms and Conditions of Use

Terms and Conditions of Use for propertyhq.com.au
Realty Advertising & Marketing Pty Ltd (ABN 89 600 660 946)
Effective 11 November 2014

The following are the standard terms and conditions (“Terms and Conditions”) that apply to your use of propertyhq.com.au. These Terms and Conditions of Use for propertyhq.com.au, along with our Privacy Policy and other notices on our Website, if any, form the basis on which you may access and use our Website. We reserve the right to change any or all of our terms and conditions of use or other conditions for using our Website at any time by publishing the new terms or conditions on our Website. Your use of our Website constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our Website your sole option is to immediately cease your use of the Website.
Information on our Website and in any propertyhq.com.au publication or communication should not be regarded as a substitute for professional legal, financial or real estate advice.
Realty Advertising & Marketing Pty Ltd and its related entities, responsible for maintaining our Website and all propertyhq.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 Website by or on behalf of Realty Advertising & Marketing Pty Ltd, and any Third Party Content on our Website) and Realty Advertising & Marketing Pty Ltd and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Websites or publications.
Please read the Terms and Conditions in conjunction with the use of the Service.

1. Defined terms

“Agreement” means these Terms and Conditions, the Realty Advertising & Marketing privacy policy, the Authorised Use Policy included within these terms and conditions and any other terms incorporated by reference into these terms and conditions, in each case as amended from time to time;
Contributions means information including data, text, video, still images, audio or other material that Realty Advertising & Marketing has permitted you to host, share, publish, post, store or upload on the Website as permitted under this Agreement.

RAM means Realty Advertising & Marketing Pty Limited and its subsidiaries.

Other User Contributions means information including data, text, video, still images, audio or other material that Realty Advertising & Marketing has permitted users other than you to host, share, publish, post, store or upload on the Website.

“Our Website” refers to the web site located at the URL propertyhq.com.au and Agent Admin URL https://propertyhq.com.au/agentadmin/.

“Service” may include any of the following or a combination there of:
(a) a process that will facilitate you uploading property details (including images) to either:
(b) the extensive property search engine accessible on our web site; or?(ii) another internet site of your choice that has been approved by us in writing;
(c) having your properties featured on our web site;
(d) training;
(e) phone support; and
(f) any associated or ancillary service we agree in writing to provide to you.

“We”, “our”, “us” refer to Realty Advertising & Marketing Pty Ltd (ABN 89 600 660 946), which operates the web site located at the URL propertyhq.com.au AND https://propertyhq.com.au/agentadmin/.

Website means the website propertyhq.com.au and https://propertyhq.com.au/agentadmin/ operated by RAM.

“You”, “your” or “the client” refer to you as the user of the Service.

2. Your obligations and acknowledgements

2.1 You represent and warrant in respect of each property you list on our web site that:
(a) you are the holder of a current real estate agent’s licence or the registered owner or vendor of a property or properties in the State(s) or Territory to which your use of the Service relates.;
(b) you have a signed authority to sell from the owner or vendor (such as an Agency Agreement or Authority to Sell); and
(c) you are authorised to make available the material uploaded or submitted to use the Service;

2.2 You must:
(a) comply with our Authorised Use Policy in Section 4
(b) only advertise properties that are currently available for purchase or lease within the States or Territories in which you hold a current real estate agent’s licence;
(c) only upload properties to our web site directly, or through a third party provider who has agreed to comply with our terms and conditions for uploading properties to our web site;
(d) within 72 hours of a sale or leasing contract being entered into for a property, either mark the property as “under contract” or transfer the property to the sold/leased database by updating the status to Sold or Leased;
(e) when requested by us to update your listings, you must extend the listing for a further period, transfer the property to the sold database, withdraw the listing or otherwise comply with any direction we give to ensure our web site is up-to-date. We may remove any property from our web site if the listing is not extended, transferred to the sold database, withdrawn or otherwise updated. However it is your responsibility to remove all inactive or sold properties from the active database;
(f) ensure that material you upload through use of the Service is not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
(g) ensure that you do not make, arrange or authorise the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent;
(h) abide by any applicable Code of Practice (incorporating privacy and advertising codes) issued by your local Internet Industry Association (Australian codes of practice can be found at www.iia.net.au);
(i) comply with any guidelines and codes issued by your local and national Real Estate Institute;
(j) comply with all applicable laws, including without limitation, the Trade Practices Act 1974 (Cth); local fair trading legislation; and any other applicable advertising standards and regulations;
(k) ensure that:
(i) your username and password for accessing the Service are kept secure at all times and are only disclosed to persons authorised to incur charges on your behalf. However you are responsible for any use of the Service 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;?(ii) material submitted through the Service by you refers only to listing details of a particular property;?(iii) the listing details for a particular property through the Service are only listed by you (or any associated offices or other agents in your real estate group) once; and?(iv) any reference to material other than listing details for a property must receive our written approval prior to being submitted through the Service; and
(l) ensure that no other person, authorised or otherwise, makes use of your User ID to the Service in breach of these Terms and Conditions. However you are responsible for any use of the Service using your User ID by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use.

2.3 You acknowledge that:
(a) you have read and agree to be bound by the terms of all legal notices posted on our web site including our Terms and Conditions of Use, Privacy Policy, and Authorised Use Policy and any Disclaimer and Copyright notices;
(b) by using the Service, you grant us an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service;
(c) we are not under any obligation to monitor or censor the material uploaded by you that appears on our web site. However we reserve the right to do so and to take any action we deem appropriate (including removing material from our web site without notice);
(d) we are not responsible for the Service’s content or for any errors or omissions in any property data provided by or on behalf of you;
(e) we cannot guarantee the continuous or fault-free operation of the Service; systems or technological failure may impede or prevent access to all or any part of the property data and transmission of data over the internet can be subject to errors and delays;
(f) we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorise us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media; and
(g) where you provide us with personal information of an individual estate agent, you warrant that you have informed that estate agent that their personal information will be used and disclosed by us in accordance with our Privacy Policy.

2.4 Restrictions on use of Website
In accessing or using our Website you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Website 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 any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our Website or any content from our Website 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, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website 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.
(l) 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.

2.5 Copyright
(a) The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, Realty Advertising & Marketing Pty Ltd grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of propertyhq.com.au copyright material beyond such use, written permission must be obtained directly from Realty Advertising & Marketing Pty Ltd or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

2.6 Third party links and advertising
(a) Our Website often includes advertisements, hyperlinks and pointers to websites operated by third parties. Those third party websites do not form part of our Website and are not under the control of or the responsibility of RAM. When you link to those websites you leave our website and do so entirely at your own risk. RAM and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and RAM 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 RAM.

2.7 Third Party Content
(a) Our Website contains content provided to RAM by other parties (“Third Party Content”). RAM does not have a practice of monitoring or making inquiries about Third Party Content. RAM 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 RAM. You rely on Third Party Content completely at your own risk.

2.8 Policy for Linking to Our Websites
(a) Hyperlinks enhance the user’s experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content. However, in using hyperlinks, we:
(i) Attribute the original source of the hyperlink where it points to third party content.
(ii) Do not claim ownership or rights to content belonging to other parties.
(b) We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
Please do;
(i) Link to our content directly. We encourage direct links.
(ii)Comply with all copyright, trademark or other applicable laws.
(iii)Use the title or headline of the content to which you are linking, as long as you link directly to that content.

Please do not:
(i) Attribute a link to RAM content as being a link to your own or someone else’s content (for example, use your own logo to link to our content).(ii) Attribute a link to our site and then link somewhere else.
(iii) 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.

2.9 User warranties
You represent and warrant that:
(a) the information you supply on registration is accurate in all respects;
(b) if any of that information changes you will promptly notify RAM in writing of the changes (click here for contact information);
(c) your use of the Website will comply at all times with this Agreement and any directions published from time to time by RAM on the Website;
(d) you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
(e) 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 RAM;
(f) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authoriseRAM to display your Contributions; and
(g) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay a 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 the Website.

3. Packages, fees, billing, payments& returns

3.1 We offer a number of different property listing packages that vary in terms of price and products included. You may purchase any of these packages, but switching, or addition of special conditions to, packages is at our sole discretion. We do not provide refunds for any listing package, advertising or service fees charge by us.
3.2 The current fee for the Service is specified in the rate card presented to you. There is no current surcharge for payment by Visa Card or Mastercard, but we reserve the right to impose a surcharge in accordance with clause 3.3.
3.3 We reserve the right to amend the terms and conditions of this Agreement, including package components, products and fees, at any time. You will be given written notice of any changes to our fees or package components.
3.4 Service fees, if not paid in advance by credit card, are payable fourteen (14) days from the listing date, being the date your property classified appears on our website.
3.5 If we do not receive payment by the due date, we may:
(a) remove any reference or prevent access to property data submitted by you to our web site;
(b) charge an administration fee of $50.00 plus any applicable GST per month on overdue accounts;
(c) charge interest on any overdue amount at a rate equal to 2% per calendar month; and
(d) demand that you pay for any costs of collecting the overdue amount, including but not limited to collection of agency fees and legal fees.
3.6 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.
3.7 RAM uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants,providing a safe and secure means of collecting payments via the Internet.All online credit card transactions performed on this site using the eWAY gateway are secured

  • Payments are fully automated with an immediate response.
  • Your complete credit card number cannot be viewed by RAM or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage within eWAY’sbank-grade data centre, further protecting your credit card data.
  • eWAY is an authorised third party processor for all the major Australian banks.
  • eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by RAM.

For more information about eWAY and online credit card payments, please visit www.eWAY.com.au

4. Authorised Use Policy

4.1 This Authorised Use Policy is applicable to your use of the propertyhq.com.au Web Hosting Service (“the Service”). It is intended to ensure that your use of the Service is trouble free and that you have due regard to the law and the needs of other users.
4.2 This Authorised Use Policy forms part of your agreement with us for the Service.
4.3 We may change this Authorised Use Policy as set out in the General Terms and Conditions for Use of propertyhq.com.au

(a) You must abide by the provisions of this Authorised Use Policy.
(b) You must only use the Service for the purposes for which it was designed and offered and not for any other purpose including any purpose stated in this Authorised Use Policy as being not acceptable.
(c) You must use the Service in a responsible manner, taking into account the effects your use of the Service may have on other users of the Service and the propertyhq.com.au website.
(d) You should familiarise yourself with your legal responsibilities. You can view information about your legal responsibilities in relation to:
(d)(i) supervising and controlling children’s access to internet content;
(d)(ii) procedures which parents can implement to control children’s access to internet content, including availability, use and appropriate application of internet content filtering software; and
(d)(iii) obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation; at either of the following web sites: http://www.iia.net.au ; or http://www.acma.gov.au

(a) You are authorised to use the Service for the purposes for which the Service is provided and in compliance with the General Terms and Conditions for Use and any other document, rule, law or regulation that governs our relationship.

(a) It is not acceptable to use, attempt to use, or allow the Service to be used:
(b) In a way that results in you or us breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you have agreed to comply with;
(c) In a way that results, or could result, in damage to property or injury to any person;
(d) To harass, menace or stalk people;
(e) To cause or allows any person to place on the internet, obtain through the internet or transmit using the internet any of the following:
(e)(i) Content which is (or would be) classified R or X by the Classification Board. Such content includes material containing detailed instruction in crime, violence or drug use, child pornography, bestiality, excessively violent or sexually violent material, real depictions of actual sexual activity; or
(e)(ii) Content hosted in Australia, which is classified R and not subject to a restricted access system, which complies with criteria determined by the ACMA. Content classified R is not considered suitable for minors and includes material containing excessive and/or strong violence or sexual violence, material containing implied or simulated sexual activity, material, which deals with issues or contains depictions which require an adult perspective.
(f) To enable a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
(g) To incite discrimination, hate or violence towards one person or group because of their race, religion, gender, sexuality or nationality;
(h) To send, display or be otherwise involved in material which is obscene or defamatory or which is, or which would be considered by a reasonable person to be, offensive or abusive;
(i) To engage in any misleading or deceptive business or marketing practice;
(j) In a way that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
(k) In a way that infringes our or any other person’s rights (including intellectual property rights and moral rights), is a misuse of our or any other person’s confidential information; or results in a breach by you of any obligation that you owe to any person;
(l) To undertake any activity which impedes our ability to provide its Service, making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our Service, or its performance for other subscribers, or undertaking acts that waste resources or prevent other users from receiving the full benefit of our Service;
(m) To solicit subscribers to become subscribers of other competitive services;
(n) To send illegal spam (Commercial Electronic Messages within the meaning of the Spam Act 2003);
(o) To provide for or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to us or anyone else);
(p) To provide a capability on one of our hosted sites which permits third parties to send illegal spam from one of our servers;
(q) To access or use our or any one else’s systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
(r) To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;
(s) To send electronic chain letters, to manipulate or bypass our content usage limits, send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
(t) To undertake activities which cause or may cause third party service providers to place our internet protocol (IP) addresses on a blacklist and/or block those IP addresses;
(u) To distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists.

(a) From time to time, we may receive complaints from third parties (“Complaints”) regarding unacceptable uses, allegedly being conducted by you. We will make reasonable endeavours to resolve such complaints by working with you.
The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to you.

(b) If we are unable to resolve the complaint by working with you, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise us to provide to third party complaintantsyour relevant contact details.

(c) You have a right to complain to the ACMA about content. If you become aware that a web site hosted by us contains content that may be prohibited by law, you can make a formal complaint to the Australian Communications and Media Authority by contacting them through their web site at http://www.acma.gov.au.

(a) We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

(b) We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:
(i) warn you by email (but we are not obliged to do so);
(ii) suspend your access to the Service;
(iii) terminate your account without notice; and/or
(iv) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

(c) In the event of taking action under the above clause, we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.

(d) We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:
(i) where we are made aware that a court order, judgement, decree, determination or otherwise has been made to the effect that your data is illegal, offensive, objectionable or in breach of a third party’s rights; or
(ii) if we are directed to do so by the ACMA or are otherwise required by law to do so.

(e) You agree that you will have no claim against us in respect of any action reasonably taken by us in our implementation of the terms of this Agreed Use Policy, and you indemnify us against any claim by any person arising out of the same.

5. Limitation of liability and indemnity

5.1 To the extent allowable under the Trade Practices Act 1974 (Cth) or any other applicable law, we:
(a) exclude all conditions and warranties implied into this Agreement;
(b) exclude 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);
(c) limit our liability for breach of any condition or warranty that we cannot exclude to (at our option):
(i) resupplying the Service; or?
(ii) paying the cost of having the Service resupplied; and
(d) limit our liability in respect of any other claim under or in connection with this Agreement, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under this Agreement and reduce that liability to the extent you cause or contribute to the loss the subject of the claim.

5.2 You must take all reasonable steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under this Agreement. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.

5.3 We will not be liable under this Agreement to the extent that liability is caused by:
(a) any breach of your obligations under this Agreement or a negligent act or omission by you; or
(b) any delay in performance or breach of this Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our web site.

5.4 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 material uploaded or submitted by you in connection with the Service or any other act or omission by you in connection with your use of the Service.

5.5 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.

5.6 Certain rights and remedies may be available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, RAM, exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.


6. General

6.1 We may change these Terms and Conditions at any time. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our web site constitutes written notice to you of such changes.

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

6.3 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.

6.4 All notices from you to us must be sent by email to info@propertyhq.com.au (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 Terms and Conditions for the current contact details.

6.5 You must not assign this Agreement or appoint an agent without our prior written consent.

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

6.7 This Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement between us about its subject matter. It supersedes all prior understandings, agreements or representations and you may not rely on any representations or warranties about the subject matter of this Agreement except as expressly provided in this Agreement.

6.8 The laws of New South Wales, Australia govern the Agreement.

6.9 You submit to the exclusive jurisdiction of the Courts of New South Wales, Australia and you waive any right you have to object to an action being brought in the Courts of New South Wales (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).

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

6.11 Our rights and remedies provided in this Agreement are in addition to other rights and remedies given to us by law and equity independently of this Agreement

6.12 Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of New South Wales, Australia and by using our Internet sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.