Terms and Conditions of PropertyNow

1. Service charges for PropertyNow (including GST):

a. Residential sale listing (all property types): Listing fee $440 until sold or withdrawn by client. This fee includes setup on the PropertyNow System.

b. Residential rental listing: Listing fee $220 until leased. This initial fee includes setup on the PropertyNow System.

c. Commercial listing: Free and only appears on PropertyNow website and is NOT exported to the industry portals (e.g. Realestate.com.au)

d. Directory Listing: Listing fee $298 per annum. Your business directory listing is exclusive. This means that only one business type is marketed per suburb or town. For example, only one solicitor in the town of Temora, NSW.

The user acknowledges that in addition to the terms of service of PropertyNow, both the user and PropertyNow, are also bound by the Terms of Service of third party websites such as Realestate.com.au. These additional terms of service include, but are not limited to, the Private sale policy of Realestate.com.au.

All charges are in Australian Dollars.

2. To list properties on PropertyNow the following information is required:

a. Completed Registration

b. Completed online form with complete details of the property

c. Uploading of images (up to 20). Images must be jpegs.

d. Completed online payment

e. Agreement to our Terms and Conditions of Service.

3. After registration you will be allocated an account on PropertyNow with a unique username and password. These logins will enable you to create and edit your own property listing. Changes the user can make to their listing include: price, text and heading, update of inspection times and images.

4. New listings will be vetted by PropertyNow prior to being uploaded to PropertyNow and exported to third party portals. Please allow time for your listing to be verified by PropertyNow and uploaded to our system (Mantis Technologies). Further time may also be required for your listing and changes to be uploaded to the other sites. This may take 24 hours.

5. Under no circumstances are you to enter your own contact details including contact name, contact number, email address etc. on the listing. Furthermore, no reference shall be made to Private Sale, Sale by Owner or similar terminology. This is expressly forbidden by third party portals. Failure to adhere to this term of service will result in de-activation and deletion of your listing. No refund will apply if this term is breached by the user.

6. It is the responsibility of the user to keep their username and password secure. The sharing of your username and password is forbidden under PropertyNow Terms of Service. If you believe that your username and password has been breached, please notify PropertyNow immediately.

7. There is no minimum term for sign up. The property is listed by PropertyNow until the user chooses to de-activate their listings, or if the listing is sold.

By agreeing to list your property on PropertyNow you agree to these terms and conditions.

8. PropertyNow General Website Terms of Use

a. It is a condition of use of this site that vendors have arranged the required contract for sale and which PropertyNow can verify.

b. Vendors warrant that they are either the legal owners of the property displayed and/or have the legal entitlement to sell the property. Vendors must be able to supply proof of ownership to PropertyNow.

c. Vendors shall not make dishonest or misleading statements about their property. An example of a misleading comment could be ‘no deposit needed’ when in fact a deposit is asked for. Another example may be ‘ocean views’ when such views are not genuinely available from a normal viewing position within the property.

d. Please refer to the relevant sections within your state Fair Trading Office as to what else may constitute false or misleading information within a real estate advertisement.

e. Images and text used in ads must be owned and/or created by the vendor. Any use of images owned by third parties must only occur where a written authority has been obtained by the vendor from the legal or copyright owner of the images or data.

f. Vendors must provide the correct legal (generally the council rates) address on the property listing.

g. Vendors must use the true and accurate suburb which represents the legal address of the property for sale. No vanity attempts may be made to secure greater search results by falsifying a correct legal address by using a more prominent adjoining suburb. The Departments of Fair Trading expressly forbid such a practice as do all the real estate portals which PropertyNow exports to. PropertyNow itself also insists on this as a standard requirement for all listings on its own website.

h. Vendors should consider whether they are in any legally binding contract for sale with either another real estate agent or person prior to marketing on PropertyNow website. Any existing real estate agency agreement with a third party (other than PropertyNow) may have the effect of causing a For Sale By Owner client of PropertyNow to be liable to a commission to an agent other than PropertyNow, even if the agent did not introduce the buyer to the property.

Unauthorised use of this site is prohibited.

Any person who uses this site without proper and lawful authority agrees to indemnify and keep indemnified PropertyNow against all and any liability, loss and damage of any kind caused by such improper and unlawful use.

You, as user, agree that in accessing information on PropertyNow you release PropertyNow, to the extent permitted by law, from claims regarding usage of data or information available on the website. PropertyNow will not be accountable for incidental or consequential damages ensuing from use of the data or information.

PropertyNow does not warrant that the website or any of its content will be available on a secure, virus free, continuous or uninterrupted basis. PropertyNow is not liable for any damage or loss suffered by users that may occur as a result of their inability or the inability of other users to access any of the content on the website.

PropertyNow provides no guarantees, undertakings or warranties regarding the correctness, comprehensiveness or currency of information, or its fitness for any paying or free users purpose or intent. Users are advised to confirm information at their discretion.

Information changed post-publication can alter information accuracy, and PropertyNow does not assure the information accuracy or guidance therein. Websites linked to from PropertyNow are not controlled by PropertyNow. Users must decide for themselves the correctness, comprehensiveness, trustworthiness and currency of information on third party sites.

9. PropertyNow is reliant on other third party sites which PropertyNow subscribes to and pays fees to access. Such sites may alter without notice. PropertyNow reserves the right to add or delete any third party portal from its list of exported destinations without advance notice to existing users of PropertyNow. The third party use of any website within the PropertyNow export is at the sole discretion of PropertyNow .

PropertyNow does not and cannot provide any guarantee regarding the continuity of these relationships. You, the user, indemnify PropertyNow from any actions on your behalf should PropertyNow be unable to provide access to any of its third party sites at any stage.

10. Any breach of these Terms and Conditions by a user will result in the user’s property being removed from PropertyNow.

PropertyNow Pty Ltd, trading as PropertyNow, is a Licensed real estate agency (License Number - 1593561) operating under the Federal Laws of Australia and real estate industry statutes.

Notwithstanding the above Terms and Conditions, PropertyNow shall abide by all relevant Australian laws and should any legislature change which affects the definition or interpretation of these terms PropertyNow may change these terms as a result without notice.