Terms and Conditions of Service

Last updated: 15 September 2026

These terms are between you and Property Now Pty Ltd (ABN 70 139 137 894). We run propertynow.com.au, the account portal at app.propertynow.com.au and the services we provide through them. Together, these are our platform.

By creating an account, placing an order or otherwise using our platform, you agree to these terms and our Privacy Policy. Please read both. If you do not agree to them, please do not use our platform.

Our platform gives you the tools to advertise your own property for sale or lease, and to manage the leasing of it, without paying a real estate agent to do it for you.

SECTION 1: EVERYONE

1. Using our platform

1.1. Be respectful and courteous in your dealings with our staff and with other people who use our platform.

1.2. You need an account to list a property, apply for a rental or order anything. You must be at least 18 and legally able to enter into contracts.

1.3. Buyers and anyone browsing listings must also follow this Section 1 and Section 6.

2. Your account

2.1. When you create your account you will choose a username and password. Keep them secure. You are responsible for everything done using them.

2.2. Keep the contact details in your account current, especially your email address. We send every notice about your account and your listings, including expiry reminders, to the email address in your account. A notice counts as received on the next Business Day after we send it. (A Business Day is any day other than a Saturday, Sunday or Queensland public holiday.)

2.3. You can close your account at any time by emailing support@propertynow.com.au. Closing your account withdraws any live listings and cancels any subscription at the end of the current billing month (clause 18.2). Fees you have already paid are not refunded, except where these terms or the Australian Consumer Law say otherwise.

3. What we do and do not do

3.1. We give you the tools to advertise and manage your own property. When you make or accept an offer to buy, sell or lease a property through our platform, that deal is between you and the other person. We are not a party to it. The only contracts between you and us are these terms and any order we accept under them.

3.2. The major portals only take listings from licensed real estate agents, so your portal listing is published under our real estate licence and shows our agency details (clause 11.3). We do not act as a real estate agent for the purpose of the sale, lease or management of your property, and by using our platform you do not engage us to provide any real estate agent functions. We do not hold rent or any other money for you and do not operate a trust account. Marketing, negotiating, contracts and everything else involved in selling or leasing your property is your responsibility.

SECTION 2: LISTING A PROPERTY

This section applies to anyone listing a property for sale or lease, whether a seller or a landlord.

4. Adding your property

4.1. Once your account is set up you can add a property you want to sell or lease, upload your photos and text, and list it. We call the advertisement on our website your listing, and the copy of it that we publish on realestate.com.au, domain.com.au or another portal a portal listing.

4.2. Each property you list must be a Single Property, that is:

(a) for residential property, a single, identified habitable space to be leased to a single tenant or sold to a single buyer; or

(b) for non residential property, a single, identified premises, space or property to be leased to a single tenant or sold to a single buyer.

For example, a single room in a boarding house or share house is a Single Property. If you want to lease more than one room, each room is a separate Single Property.

4.3. You must be the registered legal owner of the property, or be authorised by the registered legal owner to sell or lease it.

4.4. Each listing must be for a Single Property and a Single Transaction, meaning one sale, or one lease to one tenant on one occasion. Leasing a single room on a single occasion is one Single Transaction.

5. Your responsibilities, enquiries and pausing

5.1. Your listing, and any agreements or documents you prepare, provide or sign as part of a sale or lease, must comply with all applicable laws.

5.2. You must comply with the laws that apply to selling or leasing your property. For example, you may need to have a contract for sale available to prospective buyers or disclose certain information to them. If you are unsure of your obligations, speak to a solicitor or conveyancer.

5.3. If you have also engaged a real estate agent, check your agency agreement before listing with us. Some agreements do not allow you to advertise elsewhere, and you may still owe that agent commission on a buyer introduced through our platform. If you sign an exclusive agency agreement with another agency while your property is still advertised with us, we may be required to remove it. A removal for this reason counts as you withdrawing the listing (clause 8.5), so the fee is not refunded.

5.4. Respond to enquiries about your listing promptly, politely and professionally. If at any time you will not be able to respond within 24 hours, pause your listing, provide alternative contact details, or tell us by email, phone or SMS.

5.5. A listing can be paused for up to 6 weeks at a time. If it has been paused for more than 6 weeks, we may make it active again or withdraw it. If we withdraw it, you can ask us to reinstate it free of charge within 30 days, in the same way as an expired listing (clause 8.4).

6. Keeping your listing accurate

6.1. Unless we say otherwise, each listing and portal listing is a standard listing.

6.2. If you create a lease listing:

(a) the property must be available for tenants to move into within 6 weeks of the date the listing is created; and

(b) the advertised availability date must be accurate. Do not extend the availability date while the property is leased or otherwise unavailable, reuse a lease listing for a later tenancy, or leave a lease listing live to collect enquiries for other properties.

6.3. If you create a sale listing, you must be genuinely ready to sell when you create it, and intend to complete the sale.

6.4. Your listing must be correct, accurate and current at all times. This includes:

(a) using the address of the property as recorded by your local council or State land registry, and no other address; and

(b) updating the status of your listing in your account as soon as possible, and in any case within 7 days, after the property is sold or leased, goes under offer or under contract, or you decide not to sell or lease it.

6.5. Check your listing regularly. If anything is wrong or out of date, tell us and we will correct it as you direct as soon as reasonably practicable. You do not get a discount or refund because your listing was wrong or out of date, except where the Australian Consumer Law requires it.

6.6. Sold details. When your property sells, give us the date the contract was signed (not the settlement date) and the sale price, in your account or by email to support@propertynow.com.au, as soon as possible and in any case within 7 days. We may pass the sold date and price to the portals so the sale is reported and displayed, and may use them for statistics. If you do not want the sale price shown publicly, tell us when you provide it and we will mark it as undisclosed where the portal allows.

6.7. Under offer or under contract. You can mark your listing as under offer or under contract for up to 6 weeks at a time. Before the 6 weeks end you must either:

(a) make the listing active again, if the sale or lease did not proceed;

(b) mark it as sold or leased and, for a sale, give us the details in clause 6.6; or

If you do not, we will email you asking you to confirm the status of the property. If you do not respond within 7 days, we may make the listing active, mark it as sold or leased, or withdraw it, based on the information we have. If we withdraw it, you can ask us to reinstate it free of charge within 30 days, in the same way as an expired listing (clause 8.4).

7. Your photos and text

7.1. Anything you upload to your listing must not be:

(a) misleading or deceptive;

(b) inaccurate, including using an address other than the one required by clause 6.4(a);

(d) offensive, obscene or defamatory;

(e) otherwise unlawful; or

(f) corrupted, or contain a virus or other harmful code.

7.2. If you are unsure of your obligations, contact the fair trading body in your State or Territory, or a solicitor, before listing. Misleading statements we have seen include: ‘no deposit needed’ when a deposit is asked for; ‘ocean views’ that are not available from a normal position within the property; and naming a suburb when the property is in a neighbouring suburb.

7.3. You must own, or have the right to use, everything you upload. You keep your ownership rights in it. We are not obliged to treat it as confidential.

7.4. You give us permission to use your photos, text, floorplans, video and anything else you upload. In legal terms, this is a worldwide, non exclusive, royalty free, perpetual, irrevocable and transferable licence to use, copy, edit, adapt, publish, distribute and display that content in any medium, now or in the future.

7.5. For a portal listing, you authorise us to share your content with the portal and to do whatever is reasonably needed to publish it there.

7.6. You also give anyone who uses our website or a portal permission to view your content and to copy or share it while considering whether to buy or lease your property.

7.7. You consent to your content, and anything we make from it, being used without naming you as its author.

8. How long your listing stays live

8.1. How long a listing can run. If your listing complies with these terms it stays live:

(a) for a residential sale listing, until the property is sold or you withdraw it;

(b) for a residential lease listing, until the property is leased or you withdraw it, or 6 months after publication, whichever comes first;

(d) for a commercial lease listing, until the property is leased or you withdraw it, or 12 months after publication, whichever comes first.

When the 6 or 12 month limit is reached your listing is withdrawn and clause 8.5 (permanent withdrawal) applies. Commercial listings are different in one respect: commercialrealestate.com.au removes every listing 6 months after it first appears there. Your listing stays live on our website and on realcommercial.com.au for the period above, and you can renew it on commercialrealestate.com.au from your account for the fee shown there. A portal listing also stays live only for as long as that portal’s own terms allow, and only while it complies with them. Portals can change those terms without telling us. If we learn of a change we will try to update these terms and tell you. Everything in this clause 8.1 is also subject to the 90 day check in below and to clause 9 (genuine listings and fair use).

8.2. The 90 day check in. Buyers and tenants need to know that every listing on our platform is genuinely available, so we ask you to update your listing at least once every 90 days. This is not a time limit on your listing. An until sold listing that you keep updated stays live until it sells, however long that takes. An update is any change to your listing that is saved, whether you make it in your account or ask our support team to make it for you. Adding, replacing or reordering photos, adding or updating open home times, editing the title, description, price, status or features, or buying an upgrade all count. So does emailing support@propertynow.com.au to tell us the property is still for sale or lease. Logging in without changing anything does not count. The 90 days run from the day your listing was first published, or the day it was last updated or reinstated, whichever is later.

8.3. Expiry. If 90 days pass without any update or contact from you, we take that as a sign the property may no longer be available, and your listing expires and is removed from our website and every portal it appears on. We will not let that happen without warning: before it does we will send at least one reminder to the email address in your account, and we will email you again when it expires.

8.4. Getting an expired listing back. If your property is still on the market, we want it back up. You can have an expired listing reinstated free of charge: email support@propertynow.com.au within 30 days after we send the expiry email and confirm that your property is still genuinely for sale or lease on the advertised terms. The day we reinstate it counts as an update, so a fresh 90 days begins. Reinstatement does not extend the 6 or 12 month limits in clause 8.1 or a portal’s own listing period. Those keep running while your listing is expired, and once they have ended the listing cannot be reinstated.

8.5. Permanent withdrawal. If you do not ask for reinstatement within those 30 days, your listing is permanently withdrawn. If you withdraw your listing yourself, that is also final. In exceptional circumstances we may agree to reactivate a withdrawn listing, but we are not obliged to. To list the property again you will need to create a new listing and pay the fees for it.

8.6. Paid upgrades when a listing expires. If you have a paid upgrade on a portal other than allhomes.com.au and your listing is reinstated within the 30 days, the upgrade carries on until its original end date. The days the listing spent expired are not added back and are not refunded. If the listing is not reinstated in time, the upgrade lapses with it and, except as required by the Australian Consumer Law, no refund is payable. An Allhomes upgrade is different: expiry counts as deactivating your listing, so under clause 12.4 the Allhomes upgrade is lost as soon as the listing expires, even if you reinstate it.

8.7. Listings that were live when this rule started. If your listing was already live on the day the 90 day check in took effect, the 90 days count from your last update before that day, or from first publication if you never updated it. If that leaves you with fewer than 14 days, or the 90 days have already passed, your listing will not expire until 14 days after we send you the reminder. The 90 day check in applies to every listing live on or after that day, whenever it was ordered.

8.8. Changes to these periods. We may change the 90 day period, the 30 day reinstatement window, or what counts as an update, by changing these terms under clause 37. A new period applies to your listing from the next time it is updated or reinstated.

9. Genuine listings and fair use

9.1. Fair use. Our listing packages are priced for one genuine campaign to sell or lease one property. Keeping a listing live for any other purpose, for example to hold a property on the market indefinitely, to test the market with no real intention of selling or leasing, or to collect enquiries for other properties, is outside fair use and we may act under clause 9.3.

9.2. For our platform to be a reliable resource for buyers and tenants, your listing must:

(a) be current, meaning the property has not been sold or leased and you genuinely intend to sell or lease it on terms consistent with sales and leases of comparable properties; and

(b) be for a Single Property and a Single Transaction (clause 4).

9.3. If we think your listing may not be current, may not be for a Single Property and a Single Transaction, or may otherwise be outside fair use, we may ask you for more information. If you do not provide it, or it does not reasonably satisfy us, we may remove the listing. A listing we remove under this clause is permanently withdrawn (clause 8.5). To list the property again you will need to create a new listing and pay the fees for it.

9.4. Signs that a listing may not be current include:

(a) it has been on our platform for an extended period;

(b) you do not regularly access your account;

(d) enquiries sent through our platform are going unanswered; or

(e) another user tells us they received no response to an enquiry, or that you told them the property is no longer available.

9.5. Signs that a listing may not be for a Single Property and a Single Transaction include:

(a) it does not meet clauses 4.2 and 4.4; or

(b) it receives enquiries or applications over an extended period without you telling us the property has been sold or leased.

9.6. For clauses 9.4(a) and 9.5(b), we compare your listing with the median days on market for comparable properties in the same area, using published market data from sources such as PropTrack, Cotality and Rent.com.au. Local medians vary widely. Nationally, in the three months to August 2026 the median time to sell a home was 39 days (Cotality), but in some areas it is 70 days or more, and in June 2026 the national median time to lease an apartment was 15 days (Rent.com.au). As a rule of thumb, a listing that has been live for more than three times the local median, with no price change or other sign of an active campaign, is likely to prompt us to ask whether it is still genuinely available.

10. Listing fees and refunds

10.1. The fee for a listing, a portal listing and any upgrade or add on is the price shown on our website, or quoted to you, when you order. You pay in advance.

10.2. Once your listing has been published anywhere, on our website or on any portal, the fee is not refundable. That includes if you later withdraw the listing, sell or lease the property some other way, or the listing expires under clause 8.

10.3. If you cancel before your listing is published anywhere, or we decline to publish it, we will refund what you paid, less the cost of anything we have already done for you, such as a sign that has been printed or shipped or a photographer who has been booked.

10.4. Nothing in this clause limits your rights under the Australian Consumer Law.

11. Portals

11.1. Our platform relies on portals such as realestate.com.au and domain.com.au. We subscribe to them and pay for access. We may stop offering any service that depends on a portal if we decide it is no longer practical or worthwhile.

11.2. The terms on which we access the portals can change at any time without notice to us, and we may change these terms as a result. Each portal has its own terms of use, linked below. You must follow them for every listing we publish there. Breaking a portal’s terms is also a breach of ours.

realestate.com.au: https://about.realestate.com.au/terms-use/
realcommercial.com.au: https://www.realcommercial.com.au/static/rca/legal/
domain.com.au, allhomes.com.au and commercialrealestate.com.au: https://www.domain.com.au/group/conditions-of-use/

11.3. Portals like realestate.com.au and domain.com.au only accept listings from licensed real estate agents. We hold the licences needed to publish portal listings in every State and Territory, so your portal listing goes up under our licence and shows our contact details, not yours. Do not put your own contact details anywhere in your listing, and do not describe the property as being sold or leased privately or without an agent (for example ‘private sale’, ‘for sale by owner’ or ‘lease by owner’).

12. Portal listings and upgrades

12.1. We will try to have your portal listing live within 4 hours during Business Hours (9am to 5pm AEST on a Business Day). If it is incomplete, inaccurate or may not meet the portal’s terms, it will take longer and we may need more information or changes from you.

12.2. We do not control how portals display listings, for example the size or font of text or headings.

12.3. Clause 6.5 (keeping your listing accurate) applies to portal listings too. Once we tell you a portal listing is live, check it on the portal itself, and regularly after that.

12.4. Allhomes upgrade. The Allhomes upgrade is a paid add on to your standard listing and, except as required by the Australian Consumer Law, is not refundable. It lasts only while your listing stays continuously live. If your listing is paused, withdrawn, expires (clause 8.3) or goes offline for any other reason, for any length of time, the Allhomes upgrade is lost immediately and does not come back when the listing does. To appear on Allhomes again you need to buy the upgrade again.

13. When we cancel a portal listing

13.1. We may cancel a portal listing at any time, without liability to you, if it does not comply with the portal’s terms or the portal is no longer available.

13.2. If we cancel a portal listing after it has been published, you are not entitled to a refund of what you paid for it, except as required by the Australian Consumer Law.

SECTION 3: LANDLORDS

14. Your responsibilities

14.1. You must comply with all laws that apply to leasing and managing your property, including anti discrimination laws when choosing a tenant. If you are unsure, speak to a solicitor or to the fair trading or consumer affairs body in your State or Territory.

15. Tenancy agreement

15.1. Our platform lets you generate a Residential Tenancy Agreement for you and the tenant to sign.

15.2. We take reasonable steps to keep the template in the form required by the tenancy laws of each State and Territory. It is still your responsibility to make sure the agreement you generate complies with those laws. We do not review or give advice on the terms of tenancy agreements.

16. Rental applications

16.1. Respond to every Residential Tenancy Application promptly (within 24 hours) and tell the applicant whether or not it has been approved.

16.2. Do not have more than one approved application for the same property at any one time.

16.3. It is up to you to check the information in an application and to decide whether the applicant can meet their obligations under a tenancy agreement.

17. Bond

17.1. Do not ask a tenant to pay a bond until you have approved their application.

17.2. We do not hold or oversee bonds. You are responsible for lodging any bond paid to you with the relevant authority as the tenancy laws require.

18. Rental management subscription

18.1. We offer an optional monthly subscription to our rental management software. Anyone with an account can subscribe. The fee is the rate shown on our website, or notified to you, when you subscribe.

18.2. We charge the monthly fee for every month your subscription is active. You can cancel at any time by emailing support@propertynow.com.au. Your subscription ends at the end of the billing month you cancel in, and there is no refund for the rest of that month. The fee is billed to you separately. It is never taken out of rent.

SECTION 4: TENANTS AND APPLICANTS

19. Applying for a tenancy

19.1. You can apply to lease a property through our platform.

19.2. For each person who would be named as a tenant, you will need to provide: full name; address and contact details; date of birth; current and past employment or other income details; and renting history.

19.3. Everything in your application must be accurate and complete.

19.4. By submitting an application you consent to:

(a) your application being shared with the landlord;

(b) the landlord contacting any person, employer, business or residence you name, to verify what you have said; and

19.5. If your application is approved, we will give the landlord your contact details, and give you theirs, so you can complete the tenancy agreement.

SECTION 5: LANDLORDS AND TENANTS

20. Rent payments through Zai

20.1. We have partnered with Zai so that landlords and tenants can, if they choose, use the Zai payment platform for rent and other payments under a tenancy agreement. Using it is optional. Landlords and tenants can instead arrange payments between themselves outside our platform, in which case the rest of this clause 20 does not apply.

20.2. If you choose to use the Zai payment platform you:

(a) confirm you have been able to read the Zai End User Agreement, and agree to it;

(b) if you are a tenant, confirm you have been able to read the applicable Zai Payment Agreement, and agree to enter into one (a PayTo agreement or a direct debit agreement) with Zai for paying rent under any tenancy agreement you enter into through our platform; and

20.3. Under a Zai Payment Agreement a tenant can change, stop or defer a payment, or cancel the agreement entirely. A tenant can do this through their bank or by contacting us; if you contact us we will pass the request to Zai to action. We are not liable for rental arrears or lost income that results, directly or indirectly, from a tenant doing so, for example where a tenant cancels the agreement and does not make other arrangements to pay rent.

20.4. We do not operate a trust account and never hold rent or other money for you. Once a tenant’s payment through Zai has cleared, Zai pays it to the landlord in full. Our subscription fee is billed separately (clause 18) and is never deducted from rent.

20.5. If a payment under a Zai Payment Agreement fails, for example because of insufficient funds, we will notify the tenant and the landlord.

20.6. You must promptly give Zai any information or verification it reasonably asks for, including personal information and taking part in identity checks. If you do not, payments may be delayed or fail.

20.7. If you are a landlord:

(a) it is your responsibility to make sure the account details you nominate to receive payments are correct;

(b) if you give incorrect account details, or do not update them, and a payment goes to an account that is not yours or that you cannot access: neither we nor the tenant has to recover, repay or reimburse it; and the tenant is not in arrears if they can show the payment went to the account you nominated; and

(c) before any payment is released to you, your account will be verified by sending a token amount to it and waiting for you to confirm receipt. If you do not confirm receipt, no payments will be released to you.

SECTION 6: EVERYONE

Ordering signs, photography and other products

21. Placing an order

21.1. You can buy Products by selecting them and submitting an order through our website.

21.2. An order is an offer by you to buy what is in it at the price shown when you place it, including any delivery charges, fees and taxes.

21.3. We may ask you to provide or confirm details so we can process an order. Give us current, complete and accurate details when we ask.

22. Accepting or rejecting an order

22.1. We may reject an order, for example where a Product is not available or there is an error in its price or description on our website. We will try to tell you when you place the order or within a reasonable time afterwards.

22.2. Each order we accept is a separate binding agreement between you and us for the Products in it, and we will send you an email confirmation. We supply some Products ourselves and arrange others, such as photography and contract preparation, through independent providers as an intermediary (clause 34.5).

23. Customised Products

23.1. Customised Products (such as signs with photos of your property, flyers, and social media ads featuring your property) are produced exactly as stated in your order, including capitalisation.

23.2. Errors in the details you give us are your responsibility. A Customised Product cannot be returned for replacement or refund unless it is faulty or you have other rights under the Australian Consumer Law.

24. Delivery

24.1. We deliver only within Australia. We or the carrier may need to contact you to arrange a delivery date for some Products.

24.2. You may receive more than one delivery for an order, particularly where Products come from different suppliers, and they may arrive at different times.

24.3. Standard delivery within Australia is included in the price. A delivery fee applies only where you choose express delivery and we offer it. We may publish delivery timeframes and methods on our website, and those form part of these terms. We will try to deliver by any estimated date, but except as required by the Australian Consumer Law, no refund or discount is available for delays.

24.4. Anyone at the delivery address who receives an order is authorised by you to do so. You authorise the carrier to leave the order at the delivery address if no one is there, and accept the risk of theft or loss from the time it is delivered. The carrier may decide not to leave it.

25. Ownership and risk

25.1. Products become yours, and your responsibility, when they are delivered to the delivery address.

26. When we cancel an order

26.1. We may cancel all or part of an order, including one we have accepted, without liability to you, if:

(a) the Products are not available;

(b) there is an error in their price or description on our website;

(d) we cannot deliver to your delivery address; or

(e) we are unable to provide a Product that is a service for reasons beyond our control.

26.2. If we cancel all or part of an order we will give you reasonable notice and will not charge you for the cancelled part. If you have already paid, we will refund to your original payment method (or another method where we consider appropriate) the full amount including any delivery fee for a fully cancelled order, or the amount paid for the cancelled part of a partly cancelled order.

26.3. If we cancel a portal listing under clause 13.1 before it has been published, clause 26.2 applies. Once it has been published, clauses 10.2 and 13.2 apply instead.

27. Damaged or faulty Products

27.1. If you think a Product is damaged when delivered, refuse delivery and contact us. If you later find a Product is damaged, defective or faulty, contact us at support@propertynow.com.au.

27.2. If a Product is faulty, you have rights under the Australian Consumer Law consumer guarantees, which may include repair, replacement or a refund.

Paying us

28. Prices and fees

28.1. You must pay the price of each Product in an accepted order, any delivery fee, and any other fees set out in these terms.

28.2. All prices are in Australian dollars. We may change prices at any time before you place an order.

28.3. We may receive a referral fee or other benefit from suppliers or portals in connection with Products or portal listings you buy through our website.

29. Payment methods

29.1. You can pay using any payment method offered on our website from time to time. By nominating a payment method you authorise us to charge the amount payable for an accepted order to it.

29.2. If we cannot process your nominated payment method for an accepted order, we may cancel the order.

29.3. Do not pay, or attempt to pay, by any fraudulent or unlawful means.

29.4. We will give you a receipt at the time of payment showing the total fees and charges for the order.

Using our platform properly

30. Acceptable use

30.1. You may use our platform only to sell, lease, buy or rent property, or to manage the leasing of your property. Do not copy, scrape, republish or resell anything on our platform, including other people’s listings; do not use our platform to advertise anything other than your own property; and do not use it to generate advertising revenue.

30.2. Do not use our platform to do anything unlawful, or anything we reasonably consider inappropriate, including:

(a) breaching the privacy or other legal rights of any person;

(b) defaming us, our staff or anyone else;

(d) posting or sending material that is likely to cause annoyance, or that is defamatory, racist, obscene, threatening, pornographic or otherwise objectionable, or that compromises the security of our systems or anyone else’s.

30.3. We may remove anything you post on our platform at our discretion and without notice.

31. If you break these terms

31.1. We can remove or disable your account, listings or content, or block your access to our platform, without notice and without owing you anything, if we reasonably believe you have broken these terms or the law, or we need to do it to protect our platform or other users. If we do it for any other reason, we refund the fees for the unused part of your listing or subscription.

Privacy

32. Personal information

32.1. We collect personal information about you in order to run our platform. If you do not provide it, we may not be able to provide all of our services to you.

32.2. We handle personal information in accordance with our Privacy Policy, which explains how we store, use and disclose it (including disclosure to suppliers who help us run our platform and to recipients outside Australia), how you can access and correct it, and how to make a complaint. By giving us personal information you consent to it being handled as described in the Privacy Policy and these terms.

32.3. Questions about privacy can be sent to support@propertynow.com.au.

Liability

33. Information on our website

33.1. Product images are illustrative only. We do not guarantee that a Product will match the colour, design or options shown.

33.2. We take reasonable care to ensure the information on our website, including information supplied by portals and suppliers, is accurate and complete, but to the extent permitted by law we do not warrant that it is accurate, complete, reliable, current or error free.

34. Our liability to you

34.1. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

34.2. Subject to clause 34.1, we make no promises about our platform, and our liability to you in connection with our platform, Products or services is limited, at our option, to:

(a) for Products: replacing or repairing them, supplying equivalent products, or paying the cost of doing so; and

(b) for services: supplying them again, or paying the cost of having them supplied again.

Subject to clause 34.1, we are not liable for indirect or consequential loss, or for loss of a sale, rent, profit or opportunity, however caused.

34.3. We do not warrant that our platform, and in particular the parts of it that rely on portals, will be secure, virus free, continuous or uninterrupted. Subject to clause 34.1, we are not liable for loss caused by our platform being unavailable or insecure.

34.4. You may see listings and content posted by other users. We do not control and are not responsible for that content and, subject to clause 34.1, you agree not to claim against us in relation to it.

34.5. Some services available through our platform, such as photography and contract preparation, are provided by independent third parties. We arrange them as an intermediary only. Subject to clause 34.1, we are not liable for the acts, omissions, delays or defective work of those providers, and any issue with their services must be raised directly with them.

35. Links to other websites

35.1. Our website contains links to other websites. We do not control, endorse or take responsibility for those sites, their content or their products. Their own terms and privacy policies apply to your use of them.

Intellectual property

36. Our content

36.1. Unless otherwise indicated, we own or license all rights, including copyright, designs, patents, trade marks and other intellectual property rights, in the material on our website (other than content uploaded by users).

36.2. Using our website does not give you any rights in it or its content, other than a licence to access it and view the content in accordance with these terms. Do not reproduce or redistribute our website or its content without our permission.

General

37. Changes to these terms

37.1. We may change these terms at any time by publishing the amended terms on our website. Changes take effect when published. Where a change materially affects your listings or an active subscription, we will also email you at the address in your account. If you do not agree to a change, you can close your account under clause 2.3.

37.2. The terms in force when you place an order for Products apply to that order, so please read them each time you order.

38. Governing law

38.1. These terms and your use of our platform are governed by the law of Queensland. Disputes may be heard by the courts of Queensland.

39. Events beyond our control

39.1. We are not liable for any failure or delay in performing our obligations caused by an Event Beyond Our Control, meaning any act, circumstance or omission beyond our reasonable control. If an Event Beyond Our Control delays performance for more than 14 days, we may terminate any agreement to provide our services by giving you at least 7 days’ notice.

40. Evidence

40.1. We may ask you for evidence that you meet any condition or requirement in these terms, and may suspend your use of our platform until you provide it.

41. Promotions and competitions

41.1. Additional terms may apply to campaigns, promotions or competitions. If you take part, you must agree to those terms, and they prevail over these terms to the extent of any inconsistency.

42. Words with a special meaning

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland. Business Hours means 9.00am to 5.00pm Australian Eastern Standard Time on a Business Day.

Customised Product means a Product made using details you provide (clause 23.1).

Event Beyond Our Control means any act, circumstance or omission beyond our reasonable control (clause 39.1).

our platform means propertynow.com.au, the account portal at app.propertynow.com.au, and the services we provide through them.

portal means a third party property website we publish listings on, including realestate.com.au, domain.com.au, allhomes.com.au, realcommercial.com.au and commercialrealestate.com.au. A portal listing is the copy of your listing that we publish there (clause 4.1).

Privacy Policy means our privacy policy published on our website.

Product means a good or service sold on our website, such as signs, photography, floorplans, social media advertising, enquiry handling services, printed material, searches and reports. Listings, portal listings, upgrades and add ons are not Products.

Residential Tenancy Agreement means an agreement for the letting of residential property. Residential Tenancy Application means an application to lease a residential property listed on our platform.

Single Property and Single Transaction have the meanings given in clauses 4.2 and 4.4.

we, us and our means Property Now Pty Ltd (ABN 70 139 137 894) and our related bodies corporate. You means the person using our platform.

Zai means Zai Australia Pty Ltd and its affiliates. Zai End User Agreement means the agreement between Zai and users of its payment platform at https://www.hellozai.com/company/policies/end-user-agreement. Zai Payment Agreement means a PayTo agreement or direct debit request service agreement between a tenant and Zai authorising payments from the tenant’s bank account, in the form presented to the tenant when it is set up, including the direct debit agreement at https://www.hellozai.com/company/policies/direct-debit-request-service-agreement.

Contact: support@propertynow.com.au