Terms and Conditions of Service
Thank you for visiting Our Website! This website is owned and operated by Property Now Pty Ltd.
Our Website is part of Our Platform. By accessing and/or using Our Platform, you agree to these Terms and our Privacy Policy. Please read our Privacy Policy and these Terms carefully and, if there is any item that you do not agree to, please cease using Our Platform.
We aim to provide you with the necessary tools for Listers to advertise and market their property for sale or lease by themselves, and to manage the leasing of Properties without the assistance of a real estate agent. Listers are responsible for the marketing, advertising, selling and managing of Properties and for ensuring that they comply with all applicable Laws. By using the tools available via Our Platform Listers do not engage us to provide any real estate agent functions.
If you breach these Terms, we may, at any time without notice to you, remove, alter or disable: Your Account; your access to Our Website and the Platform; and, in the case of Listers, any or all of Your Listings or Your Listing Content.
These Terms consist of the following sections:
· Section 1 – General Conditions of Use
· Section 2 – For Listers
· Section 3 – For Landlords
· Section 4 – For Tenants & Prospective Tenants
· Section 5 – For Landlords & Tenants
· Section 6 – For Everyone
Please make sure to read the sections that relate to your use of Our Website and Our Platform.
SECTION 1 – GENERAL CONDITIONS OF USE
This section of the Terms are addressed to ALL Users of Our Platform. In this section, ‘You’ and ‘Your’ means the relevant User.
USE OF OUR WEBSITE & PLATFORM
1.1. You must be respectful and courteous at all times in your dealings with our staff and other users of Our Platform.
1.2. To access Our Platform you must be at least 18 years of age, have the capacity to enter legally binding contracts and create an account with us (Your Account).
When opening Your Account, you will nominate a user name and password (Your Login Credentials). You must keep Your Login Credentials secure. You are responsible for all activity carried out using Your Login Credentials.
SECTION 2 – FOR LISTERS
This section of the Terms are addressed to Users of Our Platform who are Listers. In this section, ‘You’ and ‘Your’ means the relevant Lister.
3. Your Property & creating Your Listing
3.1. Once Your Account is established you can add a property you want to sell or lease to Your Account (Property), upload Your Listing Content and list Your Property for sale or lease (Your Listing).
3.2. Your Property must be a Single Property, that is:
(a) in the case of residential property – a single, identified habitable space to be leased to a single tenant or sold to a single buyer; or
(b) in the case of 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 and if you are wanting to lease more than one room in a boarding house or share house, each of those rooms are a Single Property.
3.3. You must be the registered legal owner of Your Property, or, be authorised by the registered legal owner of Your Property to sell or lease Your Property. You must remove Your Property from Your Account as soon as you cease to be the legal owner of Your Property or you cease to hold the authority of the legal owner of Your Property to sell or lease Your Property.
3.4. Each of Your Listings must relate to a Single Property and a single Transaction. For example, the lease of a single room in a boarding house or a share house on a single occasion is a Single Transaction.
4. Your obligations
4.1. You must make sure Your Listing Content and any agreements or documents that you prepare, provide or enter into as part of a Transaction comply with all Laws.
4.2. You must comply with all Laws that apply to the sale or lease of Your Property. For example, you may need to have a contract for sale available to prospective buyers, disclose certain information to prospective buyers etc. If you are unsure of your obligations, we suggest speaking to a solicitor or conveyancer.
4.3. If you engage a real estate agent to sell or lease Your Property and your also list Your Property on Our Website, you should ensure that you understand your obligations to that agent. In particular, whether your contract with that agent allows you to list Your Property on Our Website, and whether you will still liable for commission to that agent where the buyer you sell Your Property to is introduced to Your Property via Our Platform.
4.4. You must respond to any inquiries you receive in response to Your Listings in a prompt, polite and professional manner. If, at any time, you will not be able to respond to any inquiries within 24 hours you must pause the Listing, provide alternative contact information, or otherwise advise us via email, phone, or SMS.
5. Your Listings
5.1. When you create a Listing or a Third Party Listing, unless specifically stated otherwise, that Listing or Third Party Listing is a ‘base level’ or ‘standard’ listing.
5.2. If you create a Lease Listing:
(a) Your Property must be available to be occupied by prospective tenants within 6 weeks of the date the Lease Listing is created; and
(b) You must ensure the advertised Availability Date is accurate and you must not extend the availability date whilst that specific property is leased or not available. ‘Reusing” the same listing to lease the property in the future (e.g. after the end of tenancy attained through a prior round of advertising) or leaving a listing online to garner enquiries for other properties is not permitted.
5.3. If you create a Sale Listing, you must be willing to enter a contract for the sale in respect of Your Property at the time the Sale Listing is created with the intention of completing that contract.
5.4. You must make sure Your Listing (including Your Listing Content) is correct, accurate and current at all times. This includes:
(b) notifying us via Our Website that Your Property has been sold or leased within 7 days upon issuing a contract (in respect of a Sale Listing) or lease or tenancy agreement (in respect of a Lease Listing) or you decided not to sell or lease Your Property.
5.5. You must check Your Listing to ensure that all aspects of Your Listing are correct, accurate and current. You should check Your Listing regularly. If, at any time, any details of Your Listing are not correct, accurate or current, please let us know and we will endeavour to rectify those details in the manner directed by you as soon as reasonably practicable. You are not entitled to a reduction in Fees or a refund on the basis that Your Listing is not correct, accurate or current.
6. Your Listing Content
(a) Your Listing Content must not be:
(i) misleading or deceptive;
(ii) inaccurate (including failing to comply with clause 5.4(a));
(iii) inappropriate having regard to the purpose of Our Website and Our Services;
(iv) likely to cause offence;
(v) materially incorrect;
(vi) obscene;
(vii) defamatory;
(viii) otherwise unlawful; or
(ix) corrupted, due to the presence of a virus or other disabling code.
Note: If you are unsure of your obligations we strongly suggest that you contact the fair trading body in the state Your Property is located or seek the advice of a solicitor prior to listing Your Property for sale. Examples of inaccurate, misleading or deceptive statements that we have seen include:
(a) a statement to the effect that ‘no deposit needed’ when in fact a deposit is asked for;
(b) a statement to the effect that a property has ‘ocean views’ when such views are not genuinely available from a normal viewing position within the property;
(c) indicating that a property is in a particular suburb when it is in fact in a neighbouring suburb.
6.2. You must own or have the right to use all Listing Content. You retain all of your ownership rights in Your Listing Content. We are under no obligation to treat Your Listing Content as proprietary information.
6.3. You grant to us:
(a) the right to use your Your Listing Content; and
(b) a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform Your Listing Content throughout the world in any medium, whether currently in existence or not.
6.4. Where your Listing is a Third Party Listing you authorise us to share Your Listing Content with the relevant Third Party Platform and to take all steps reasonably necessary to publish that Listing on the relevant Third Party Platform.
6.5. You grant to each user of Our Website, and, in the case of Third Party Listings, each user of each Third Party Platform a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform Your Listing Content.
6.6. For any of Your Listing Content that you may retain moral rights in, you declare that you do not require that any personally identifying information be used in connection with that Listing Content, or any derivative work, upgrade or update of the Listing Content.
7.1. Subject to clause 8, if Your Listing complies with these Terms, Your Listing will remain live until:
(a) Sale Listing (other than those referred to in clause 7.1(d)) – until Your Property is sold or withdrawn from the market;
(b) Lease Listing (other than those referred to in clause 7.1(d)) – for a period of 6 months or until Your Property is leased or withdrawn from the market (whichever is the sooner);
(c) Commercial Listing (other than those referred to in clause 7.1(d)) – for a period of 12 months or until Your Property is sold or leased or withdrawn from the market; and
7.2. Subject to clause 8, if your Third Party Listing complies with these Terms and the relevant Third Party Terms, your Third Party Listing will remain live until for the period specified in the Third Party Terms relating to each Third Party Platform. We will endeavour to update these Terms and notify you if we become aware that the time periods relating to any Third Party Platform changes. However, the Third Party Terms may be changed by the Third Party Provider without notice to us.
8. Accuracy of Listings & Fair Use
8.1. For Our Platform to be a valuable and reliable resource for prospective buyers and tenants, it is important that Your Listing:
(a) is current (i.e. Your Property has not been sold or leased and you genuinely intend to sell or lease Your Property on terms consistent with sales and leases of comparable properties); and
(b) relates to a Single Property and a Single Transaction.
(c)
8.2. If we consider Your Listing may not be current or may not be for a Single Property or a Single Transaction, we may request further information from you in order to determine whether Your Listing is current, for a Single Property or a Single Transaction. If you do not provide that information or if we are not reasonably satisfied that Your Listing is current, is for a Single Property and a Single Transaction, we may remove Your Listing. Once Your Listing has been removed you will need to create a new Listing (and pay the fees applicable to a new Listing) if you wish to again list Your Property for sale or lease on Our Platform.
8.3. We have found that there are a number of indicators that Your Listing may not be current, these include:
(a) Your Listing has remained on Our Platform for an extended period of time;
(b) you do not regularly access Your Account;
(c) you do not regularly update or amend Your Listing; and
(d) we are advised by another User that they did not receiving a response to an inquiry about Your Listing or that you indicated to them that Your Property is no longer available for sale or lease.
8.4. We have found that there are a number of indicators that Your Listing may not be for a Single Property and a Single Transaction, these include:
(a) Your Listing does not meet the requirements set out in clauses 3.2 and 3.4; and
(b) Your Listing receives a number of enquiries or applications over an extended period of time but you do not notify us that Your Property has been sold or leased.
8.5. For the purpose of clauses 8.3(a) 8.4(b) we currently use PropTrack data as a guide for how long a property is generally listed for sale or lease. For example, PropTrack’s October 2022 report showed that, nationwide, the median number of days a property was listed on realestate.com.au is 50 days for a sale, and 20 days for rentals.
9. Third Party Platforms
9.1. Our Platform relies on Third Party Platforms. We subscribe to and pay fees to Third Party Providers for access to and use of the Third Party Platforms.
9.2. We may cease to provide elements of Our Services that rely on Third Party Platforms where we determine that is no longer desirable or practical to provide those services.
10.1. The terms on which we access and use the Third Party Platforms (Third Party Terms) may change from time to time and without notice. We may change these Terms from time to time as a result of changes to any Third Party Terms.
10.2. Where we provide Our Services to you that are reliant on Third Party Platforms:
10.3. We will endeavour to provide a link to any Third Party Terms. There are links below to the terms of use of Third Party Platforms that Our Platforms relies on as at October 2023 are below.
realestate.com.au – https://about.realestate.com.au/terms-use/
realcommercial.com.au – https://www.realcommercial.com.au/static/rca/legal/
domain.com.au – https://www.domain.com.au/group/conditions-of-use/
10.4. You must comply with any terms of use that apply to those Third Party Platforms; and
(a) a breach of the terms of use will be a breach of these Terms.
10.5. Some Third Party Platforms only accept listings from licensed real estate agents. To ensure your Third Party Listings comply with the terms of those Third Party Platforms, Third Party Listings will show our contact details and will not include your contact details. You must not include your own contact details nor make any reference to your Property not being listed with a licenced real estate agent (e.g. ‘private sale’, ‘sale by owner’, ‘lease by owner’ etc) in any part of the Listing Content.
11.1. We try to ensure that Third Party Listings are ‘live’ on the Third Party Platform within 4 Business Hours. If a Third Party Listing is incomplete, inaccurate or may not comply with any Third Party Terms, it will take longer than 4 Business Hours to ensure the Third Party Listing is ‘live’ on the Third Party Platform, and, may require further verification, information or amendments by you.
11.2. We do not have any control over how Third Party Listings are displayed on Third Party Platforms. For example, we cannot determine the size or font of text or headings.
11.3. Once we notify you that a Third Party Listing has been published on the Third Party Platform, you must check the Third Party Listing via the Third Party Platform to ensure that all aspects of the Third Party Listing are correct, accurate and current. You should check the Third Party Listing via the Third Party Platform regularly. If, at any time, any details of the Third Party Listing are not correct, accurate or current, please let us know and we will endeavour to rectify those details in in the manner directed by you as soon as reasonably practicable. You are not entitled to a reduction in Fees or a refund on the basis that your Third Party Listing is not correct, accurate or current.
12. Cancelling a Third Party Listing
12.1. We may cancel a Third Party Listing without any liability to you for that cancellation at any time if:
(a) that Third Party Listing does not comply with the relevant Third Party Terms;
(b) the Third Party Platform is no longer available.
12.2. If we cancel a Third Party Listing after it has been published on the Third Party Platform you will not be entitled to a refund of any amount paid for that Third Party Listing.
SECTION 3 – FOR LANDLORDS
This section of the Terms are addressed to Users of Our Platform who are Landlords. In this section, ‘You’ and ‘Your’ means the relevant Landlord.
13.2. Without limiting clause 13.1, you acknowledge that there are Laws in place that prohibit you from discriminating between Tenants and Prospective Tenants on the basis of physical and other characteristics including sex, race and gender. You must comply with all anti-discrimination Laws.
14. Residential Tenancy Agreement
14.1. Our Platform enables you to can generate a Residential Tenancy Agreement for signing by the landlord and tenant.
14.2. We have taken all reasonable measures to ensure that Residential Tenancy Agreement available on Our Platform is in the form required by the relevant Residential Tenancy Laws. However, it is your responsibility and obligation to ensure that when you generate a Residential Tenancy Agreement on Our Platform, the terms of that Agreement comply with Residential Tenancy Laws. We do not review or provide advice in relation to the terms of Residential Tenancy Agreements.
15. Residential Tenancy Applications
15.1. You must respond to all Residential Tenancy Applications promptly (i.e. within 24 hours) and you must advise the Tenant whether or not their Residential Tenancy Application has been approved.
15.2. You cannot approve more than one Residential Tenancy Agreement at any time.
15.3. You are solely responsible to satisfy yourself as to:
(a) the accuracy and completeness of any information contained in a Residential Tenancy Application; and
(b) the Prospective Tenant’s ability to meet their obligations under a Residential Tenancy Agreement.
16.1. You cannot request a Tenant pay a Bond unless you have approved their Residential Tenancy Application.
16.2. We do not hold or oversee the holding of Bonds. You are responsible for ensuring that any Bond that is paid to you is transferred to relevant authority in accordance with the Residential Tenancy Laws.
SECTION 4 – FOR TENANTS & PROSPECTIVE TENANTS
This section of the Terms are addressed to Users of Our Platform who are Tenants or Prospective Tenants. In this section, ‘You’ and ‘Your’ means the relevant Tenant or Prospective Tenant.
17. Application for Tenancy
17.1. You may apply to lease a Property (Your Application).
17.2. In order to submit Your Application you will need to provide information including:
(a) in respect of each person to be named as a tenant is Your Application is approved and your enter a Residential Tenancy Agreement:
(i) full name;
(ii) address and contact details;
(iii) date of birth;
(iv) details of current and historical employment and/or income sources;
(v) renting history.
17.3. All information that you submit as part our Your Application (Your Information) must be accurate and complete.
17.4. By submitting Your Application, you consent to:
(a) Your Information will be shared with the Landlord;
(b) the Landlord contacting any person, place of employment, business or residence named in Your Information for the purpose of verifying Your Information;
(c) the Landlord obtaining details of your credit history from a reputable credit information provider.
17.5. If Your Application is approved, we will disclose additional information to assist with coordinating the Residential Tenancy Agreement.
SECTION 5 – FOR LANDLORDS & TENANTS
This section of the Terms are addressed to Users of Our Platform who are Landlords or Tenants. In this section, ‘You’ and ‘Your’ means the relevant Landlord or Tenant.
18. Zai Payment Platform
18.1. We have contracted with Zai so that you can use the Zai Payment Platform to for all payment transactions related to Residential Tenancy Agreements.
18.2. By using Our Platform and entering into a Residential Tenancy Agreement on Our Platform, you:
(a) acknowledge that you have had the opportunity to review the Zai End User Agreement; and
(b) you accept and agree to be bound by the Zai End User Agreement; and
(c) if you are a Tenant, you:
(i) acknowledge that you have had the opportunity to review the Zai Direct Debit Agreement; and
(ii) you agree to enter into a Zai Direct Debit Agreement with Zai for payment of rent under any Residential Tenancy Agreement you enter into via Our Platform;
(d) if you are a Landlord, you agree to accept payments via the Zai Payment Platform.
18.3. You acknowledge that, under a Zai Direct Debit Agreement:
(i) change, stop or defer a debit payment to be made under a Zai Direct Debit Agreement; or
(ii) terminate the Zai Direct Debit Agreement entirely;
(b) if, as a Tenant, you wish to do take any of the actions listed in 18.3(a), you should contact us;
(c) as a direct debit provider we are obligated to act on a request made pursuant to clause 18.3(b);
(d) we do not accept any liability for rental arrears or loss of income as a direct or indirect result of us acting on a request made pursuant to clause 18.3(b) (e.g. if a Tenant terminates a Zai Direct Debit Agreement and does not make other arrangements for payment of rent under a Residential Tenancy Agreement).
18.5. We do not operate a trust account. Once a payment made via the Zai Payment Platform has cleared we:
(a) deduct the Zai Fee; and
(b) pay the balance directly to the Landlord.
18.6. If a payment to be made pursuant to a Zai Direct Debit Agreement fails (e.g. due to lack of funds in the Tenant’s account) we will notify the Tenant and the Landlord.
18.7. You must promptly provide any further information or verification reasonably required by Zai (including but not limited to any personal information and participating in any verification of identity procedure). Your failure to do so may result in a delay in processing payments or even a failure of payments to be made.
18.8. If you are a Landlord:
(a) it is your responsibility to ensure that the account details that you nominate to receive payments via the Zai Payment Platform is correct;
(b) if you provide incorrect account information or fail to update your account information and, as a result, a payment is made or released to an account which does not belong to you or which you cannot access:
(i) neither us or the Tenant making the payment is under any obligation to seek to recover, repay or reimburse you for the loss of that payment;
(ii) the failure to receive the payment cannot be treated as a failure to pay an amount due under a Residential Tenancy Agreement where the Tenant can provide evidence of payment to the account nominated by you; and
(c) we will verify your account by sending a token amount to the account nominated by you and waiting for confirmation from you that you have received that token amount before making or releasing any further payments to you. To be clear, if you do not confirm receipt of the token amount, we will not make or release any further payments to you.
SECTION 6 – FOR EVERYONE
This section of the Terms are addressed to ALL Users of Our Platform. In this section, ‘You’ and ‘Your’ means the relevant User.
ORDERS
19.1. You may purchase Products or Services by selecting and submitting your Order through Our Website.
19.2. Any Order placed through Our Website for a Product or Service is an offer by you to purchase the particular Product or Service for the price notified (including delivery and other charges, fees and taxes) at the time you place the Order.
19.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through Our Website. You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
20. Acceptance or rejection of an Order
20.1. In certain circumstances, your Order may be rejected, such as where the requested Product is not available or if there is an error in the price or the product description posted on Our Website.
20.2. Each Order placed through Our Website that we accept results in a separate binding agreement between you and us for the supply of those Products or Services. For each Order accepted by us, we will:
(a) supply the Products or Services in that Order to you (either directly or via a Third Party Supplier); and
(b) send you an email confirmation of that Order.
20.3. If we reject an Order placed through Our Website, we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
21.1. Customised Products will be produced exactly as you have stated in your Order including treatment of upper and lower cases.
21.2. Any error in customisation details on your part is your responsibility and the Customised Product cannot be returned for replacement or refund unless the Customised Product is faulty.
22.1. We or the relevant carrier may need to contact you to arrange a delivery date for certain products. We only deliver to addresses in Australia.
22.2. You may receive multiple deliveries for your Product Order, particularly if the Products you have ordered are being shipped by a Third Party Supplier. This may mean that the Products you order may arrive at different times.
22.3. We may provide further information on Our Website about our delivery timeframes and how we deliver certain Products (Delivery Information). The Delivery Information is expressly incorporated in these Terms. The Delivery Fee depends on the type of Product (particularly the size and weight) and your location.
22.4. We will do our best to ensure Product Orders are delivered to you by the estimated delivery date. No refunds or discounts will be offered for delays in the delivery of Product Orders.
22.5. You:
(a) acknowledge and agree that any person at the Delivery Address who receives the Product Order is authorised by you to receive your Product Order;
(b) authorise the carrier delivering your Product Order to leave your Product Order at the Delivery Address if no one is present to accept delivery and:
(i) accept the risk of theft or loss of your Product Order from the time it is delivered; and
(ii) acknowledge that, notwithstanding your authorisation, the carrier delivering the Product Order has discretion whether to leave your Product Order at the Delivery Address.
23.1. Risk and title in Products passes to you on the date and time of delivery to the Delivery Address.
24.1. We may cancel any part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) in the case of Product Orders:
(i) the Products in that Order are not available;
(ii) there is an error in the price or the product description posted on Our Website for the Product;
(iii) your Order has been placed in breach of these terms and conditions;
(iv) we are unable to ship your Order to your Delivery Address;
(b) in the case of Service Orders:
(i) we are unable to provide the Services for reasons beyond our control.
24.2. If we cancel any part of an Order we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled part of the Order. If any payment has been taken, then:
(a) in the case of Product Order:
(i) for a wholly cancelled Order, the full payment amount, including the Delivery Fee and any other fees and charges; or
(ii) for a partly cancelled Order, the amount paid in respect of cancelled Products;
(b) in the case of a Service Order:
(i) for a wholly cancelled Order where the Services have not yet been provided (e.g. a Third Party Listing has not yet been published on the Third Party Platform), the full payment amount; or
(ii) for a partly cancelled Order, or an Order where some of the Services have been provided the amount paid in respect of cancelled Services,
will be refunded to your original payment method, or where we deem appropriate, through an alternative means.
25. Damaged Products and Returns
25.1. If you suspect that a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us.
25.2. If you consider that a Product was delivered to you in a damaged or defective condition, or is otherwise faulty, you should contact us.
26. Prices, fees and charges
26.1. We will charge you, and you agree to pay:
(a) in respect of Products – the price of each Product that is ordered, the Delivery Fee;
(b) in respect of Services – the price of each Service requested; and
(c) any other fees and charges set out in these terms and conditions.
26.2. All prices and Delivery Fees on Our Website are in Australian dollars (AU$). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your Order.
26.3. We will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under its contract with you where such failure or delay is caused by an event outside our reasonable control.
26.4. We may receive a referral fee and/or other financial benefits from:
(a) Third Party Suppliers in connection with a customer’s purchase of Products on Our Website; and/or
(b) Third Party Providers in connection with your purchase of Services on Our Website.
27.1. You may pay the fees and charges for an accepted Order with any of the payment methods specified on Our Website from time to time.
27.2. If we are unable to successfully process your nominated payment method for an Order that has been accepted by us, then we may cancel your Order.
27.3. If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted Order.
27.4. You must not pay, or attempt to pay, for Products or Services through any fraudulent or unlawful means.
27.5. We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products and/or Services in the Order.
28.1. We provide Our Platform for your personal, non-commercial use only.
28.2. You may not use Our Platform, or any of Our Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
29.1. You must not do any act that we would deem to be inappropriate, is prohibited by any Law including but not limited to:
(a) any act that would constitute a breach of either the privacy or any other legal rights of individuals;
(b) using Our Platform to defame or libel us, our employees or other individuals;
(c) uploading files to Our Website that contain viruses that may cause damage to our property or the property of other individuals;
(d) posting or transmitting to or via Our Platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
29.2. If we allow you to post any information to Our Website, we have the right to take down this information at our sole discretion and without notice.
30.1. We may at any time, without liability to you:
(a) remove, alter or disable Your Account, Your Listing, Your Listing Content or access to Our Platform; or
(b) take steps to prevent you from accessing Our Platform in the future,
in our sole discretion without prior notice to you including if we consider that you have not complied with these Terms.
31. Collection Notice
31.1. We collect personal information about you in order to operate Our Platform. If you do not provide this information, we may not be able to provide all of Our Services to you.
32.1. We handle all personal information we collect in accordance with our Privacy Policy
32.2. We may disclose that information to third parties that help us operate Our Platform (including information technology suppliers, communication suppliers and our business partners) or as required by Law. We may also disclose your personal information to recipients that are located outside of Australia, including to reputable software and service providers who store data in various countries throughout the world.
32.3. Our Privacy Policy explains:
(a) how we store and use, and how you may access and correct your personal information;
(b) how you can lodge a complaint regarding the handling of your personal information; and
(c) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at support@propertynow.com.au.
32.4. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
33.1. Product images are provided for illustrative purposes only and we do not guarantee that any Product will reflect the true colour or full design or options relating to that Product.
33.2. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on Our Website.
34. Disclaimer/Limitation of Liability
34.1. Your use of Our Website is at your own discretion. We:
(a) make no warranties or representations about Our Platform;
(b) accept no responsibility for any loss suffered by you or anyone else in connection with the use of Our Platform; and
(c) do not guarantee that Our Website will not cause damage or is free from viruses or any other defects or errors.
34.2. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of Our Platform. 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:
(a) in relation to the supply of Products:
(i) the replacement of the Products or the supply of equivalent products;
(ii) the repair of the Products;
(iii) the payment of the cost of replacing the Products or of acquiring equivalent products; or
(iv) the payment of the cost of having the Products repaired; and
(b) in relation to the provision of Services:
(i) the supplying of the Services again; or
(ii) the payment of the cost of having the Services supplied again.
34.3. We do not warrant that Our Platform, in particular those components of Our Services that rely on Third Party Platforms, will be available on a secure, virus free, continuous or uninterrupted basis. We are not liable for any damage or loss suffered by you as a result of insecurity or lack of availability of Our Platform.
34.4. You understand that when using Our Website and accessing Our Services, you may be exposed to the Listing Content of other users of Our Website. You acknowledge and agree that we do not have control of and is not responsible for any Listing Content. You release us from any claims that you could assert against us relating to or in connection with all Listing Content.
35. Third Party Providers & Third Party Suppliers
35.1. We try to be as accurate as possible and to ensure, but do not warrant, that any information provided by Third Party Providers or Third Party Suppliers, including in relation to Product descriptions, is accurate, complete, reliable, current or error-free.
36. Linked sites
36.1. There are links on Our Website that direct you to a third party websites owned and operated by other businesses. The terms and conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their terms and conditions. The terms and conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
37. Intellectual property rights
37.1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Our Content.
37.2. Your use of Our Website does not grant or transfer any rights, title or interest to you in relation to Our Website or Our Content. However we do grant you a licence to access Our Website and view Our Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
37.3. Any reproduction or redistribution of Our Website or Our Content is prohibited and may result in civil and criminal penalties.
For the avoidance of doubt, if there is a conflict between any provision of these Terms and any Law, the Law shall prevail to the extent of the inconsistency.
39.1. Any offers to lease, purchase or sell a Property are made directly by one User to another. Any agreement to lease, purchase or sell a Property is made directly between one User and another. We are not a party to any Transaction and there is no contractual relationship between us and Users except for the use of Our Platform as outlined in these Terms.
39.2. We do not act as a real estate agent for the purpose of the sale, lease or management of Your Property.
40.1. We may, at our discretion, amend these Terms at any time by publishing any amended terms and conditions on Our Website, and such modifications will be effective as soon as they are posted.
40.2. For any future Orders, these Terms may be different and so we recommend that you read these Terms carefully each time you agree to them prior to placing your Order.
41. Jurisdiction and governing law
41.1. Your use of Our Website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
42.1. If a Force Majeure event causing delay continues for more than 14 days, we may terminate any agreement to provide Our Services by giving at least 7 days’ notice to you.
43.1. We may ask you to provide evidence that meet each of the conditions or requirements set out in these Terms and suspend your use of Our Platform until you provide that evidence.
44. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
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45. Definitions
45.1. In these Terms, unless the context requires otherwise:
Bond means a security bond payable under a Residential Tenancy Agreement.
Business Hours means the time between 9.00am and 5.00pm on days that are not a Saturday, Sunday or a public or bank holiday in Queensland.
Content has the meaning given to that term in clause 37.1.
Customised Product means Products which have been customised in accordance with the details provided by you. Examples of Customised Products include signs with photos of Your Property, flyers with details of Your Property and social media advertising services featuring Your Property.
Delivery Address means the address specified in Your Account or an Order for the delivery of Products.
Delivery Fee means the delivery fee notified to you at the time you place your Order.
Force Majeure means any act, circumstance or omission over which we could not reasonably have exercised control.
Our Website means the website located at the domain www.propertynow.com.au.
Our Services means the services that we offer via Our Website.
Laws means all applicable laws, orders, judgments, rules, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind you in connection with the sale or lease of Your Property. Laws includes Residential Tenancy Laws where the context requires.
Lease Listing means a listing indicating that one Your Properties is available for lease.
Listing Content means any information including data, text, video, still images, audio or other material that we allow users of Our Website or recipients of Our Services to host, share, publish, post, store or upload on Our Website as permitted under these Terms.
Listing Services means the services we offer via Our Website to assist you to list Your Property for sale or lease.
Management Services means the services we offer via Our Website to assist you to manage the leasing of Your Property.
Order means any order for a Product placed via Our Website.
Our Content means all of the material (including all text, graphics, logos, audio and software) made available on Our Website but does not include Your Listing Content.
Our Services means the services we offer via Our Website.
Our Platform means Our Website and Our Services.
Landlord means a person using Our Platform to lease a property and/or manage the leasing of a property.
Listers means Landlords and Sellers.
Product means each good or service that is advertised on Our Website including real estate signs, photography, social media advertising, enquiry handling services, printed promotional material, searches and reports. Third Party Listings are not Products.
Property means a property listed on Our Website.
Prospective Tenant means a person who is using Our Platform to view Lease Listings and apply to lease Properties the subject of Lease Listings.
Residential Tenancy Agreement means an agreement for the letting of a residential property.
Residential Tenancy Application means an application by a prospective tenant to let a residential property the subject of a Lease Listing.
Residential Tenancy Laws means the Laws relating to residential tenancy that apply in the State where Your Property is located.
Sale Listing means a listing for the sale of one of Your Properties.
Seller means a person using Our Platform to sell a property.
Single Property has the meaning given to that term in clause 3.2.
Tenant means a person whose Residential Tenancy Application has been approved or who has entered into a Residential Tenancy Agreement and the tenant, occupant or resident.
Terms means these terms and conditions.
Third Party Providers means the providers of Third Party Elements.
Third Party Platforms means sites operated by Third Party Providers and/or services provided by Third Party Providers that Our Website and/or Our Services and/or the Platform incorporates or relies on.
Third Party Listing means a listing on a Third Party Platform that we facilitate as part of Our Services.
Third Party Supplier means the supplier of Products either to us (for sale by us to you) or directly to you (via Our Website).
Transaction means a sale or lease of Your Property entered into with a buyer or lessee introduced to Your Property via Our Platform.
us, we and our means PropertyNOW Pty Ltd and our related bodies corporate.
Users means users of Our Platform including Landlords, Sellers, Buyers and Tenants.
Your Account has the definition given to that term in clause 2.
Your Application has the meaning given tot that term in clause 17.1.
Your Information has the meaning given tot that term in clause 17.2.
Your Listings means all of your Sale Listings and all of your Lease Listings.
Your Listing Content means Listing Content that you have hosted, shared, published, posted, stored or uploaded on Our Website as permitted under these Terms.
Your Properties and Your Property have the definitions given to those term in clause 3.1.
Zai means Zai Australia Pty Ltd together with its affiliates, subsidiaries and divisions.
Zai Direct Debit Agreement means the agreement between Zai and users of the Zai Payment Platform which authorises Zai to make direct debits from the user’s bank account and which can be found at https://www.hellozai.com/company/policies/direct-debit-request-service-agreement.
Zai End User Agreement means the agreement between Zai and users of the Zai Payment Platform which can be found at https://www.hellozai.com/company/policies/end-user-agreement.
Zai Fee has the meaning given to that term in clause 18.4.
Zai Payment Platform means the platform for sending and receiving payments operated by Zai.
Email to support@propertynow.com.au