Terms and Conditions of Service

In these terms and conditions, “we” “us” and “our” refers to PropertyNow PTY LTD. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for owners of property in Australia only, as the service is currently only available for Australian property owners.

We reserve the right to amend this Notice at any time and your use of the website following, any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3. On registration, you will select a password and username. On registration there is no fee payable. Before activating a listing with us, you agree to pay for our services as set out on our website or as agreed upon with PropertyNow management.

4. We reserve the right to terminate your registration at any time without notice if you breach these terms and conditions.

5. Our services are intended to be used by registered users within Australia only, however, exceptions will be made for those who own property in Australian, but live abroad.

Our Website Services

6. Our products/services are available to those that are the legal owner of the property/s or have been granted legal permission by the owner/s to sell or lease the property within Australia.

7. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product and Service Descriptions

8. We strive to ensure that our products and services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

9. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product or service i.e. signage, flyers and other available products.

Product and Service Orders

10. Our products/services are available to those that are the legal owner of the property/s or have been granted legal permission by the owner/s to sell or lease the property within Australia.

11. PropertyNow’s service includes a standard listing until sold/leased or withdrawn on realestate.com.au, domain.com.au and other websites. Users may optionally upgrade their listing (e.g to one of realestate.com.au’s feature, highlight, or premiere listing products) at any time at additional cost.

12. We supply and despatch our products to customers within Australia only.

13. We endeavour to ensure that our product and services list is current however we give no undertaking as to the availability of any product or service advertised on our website.

14. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.

15. Packaging and standard postage is included in our fees, express or other postage options will incur a fee payable on purchase.

16. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

17. We reserve the right to accept or reject your order within 14 days. If your order is rejected, staff will contact you and offer a refund. We are not required to give reasons for rejecting your order.

18. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment.

19. All risk of loss or damage to the goods passes to you when we despatch the goods. PropertyNow takes no responsibility for loss or damage once dispatched.

Product Returns and Services

20. We undertake to reimburse you or offer any exchange for any product delivered to you that is faulty or is in a damaged condition, if the fault or damage occurred prior to dispatch. If you wish to return a faulty or damaged product, you must notify us. Reimbursements will be offered on a case by case basis. An exchange or replacement may also be offered. We do not refund any packing and postage charges for returned items. Return of undamaged goods for exchange is entirely at your cost and risk

21. On occasion there may be ‘human error’ from staff and a small error may occur with your listing. It is the responsibility of the user to check their listing and ensure it is correct at all times. PropertyNow takes no responsibility and offers no reimbursements for errors missed by users.

Site Access

22. When you visit our website, we give you a limited licence to access and use our information for personal use.

23. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

24. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

25. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

26. 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.

27. 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.

28. It is the responsibility of the user to keep their username and password secure. PropertyNow does not access personal passwords, however employees can see usernames and reset user passwords when needed. The sharing of your username and password is forbidden under PropertyNow Terms of Service. Please notify a staff member if you believe your username or password has been breached.

29. 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.

30. 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 because of their inability or the inability of other users to access any of the content on the website.

31. 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.

32. 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.

Acceptable Use of Site

33. The User acknowledges that in addition to the terms of service of PropertyNow, the user and PropertyNow are also bound by the terms of third party websites such as Realestate.com.au. These additional terms of service include, but are not limited to, the Acceptable Use Policy of Realestate.com.au.

34. New listings will be vetted by PropertyNow prior to being exported to our website and third-party portals. Please allow time for your listing to be verified by PropertyNow and uploaded to the system. Providing all information has been completed in full by the user, the property will be activated within 4 hours (excluding on public holidays and outside of business hours).

35. It is up to the user to follow up if they believe their listing is not live. Listings completed between the hours of 6:30pm and 9am the following day, will not be activated until business hours recommence.

36. Under no circumstances are you to enter your own contact details, including your contact name, number, email address etc. within your listing description, heading or images. Additionally, no reference may be made to private sale, sale by owner or similar terminology. The above are breaches of third party portals i.e. Realestate.com.au. Breaches of this term will result in a warning and multiple breaches will result in your listing being removed either temporarily or permanently, on a case by case basis. PropertyNow will offer no compensation, including refunds or new listings to owners for breaking these terms.

Listing Requirements

37. Users warrant that they are either the legal owners of the property (vendors) and/or have the legal entitlement to enter in a contract of sale/lease for the property they are listing.

38. Vendors must be able to supply proof of ownership to PropertyNow. Proof of ownership such as copy of title/council rates etc must be provided before a listing will be activated. If a vendor wishes to market a property they have just purchased and/or for which settlement has not yet occurred they will need to provide a signed letter from the prior owner’s solicitor, otherwise, marketing may not take place until the settlement has been finalized and proof of ownership documents can be provided.

39. It is a condition of use of this site that vendors have arranged the required contract for sale and which PropertyNow can verify in states where this is a legal requirement of marketing and sale

40. Images and text supplied to PropertyNow 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. Any images supplied must be actual photos of the property for sale or lease

41. Vendors shall not provide dishonest or misleading information about their property to PropertyNow. 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. 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.

42. Vendors must provide the correct legal (generally the council rates) address on the property listing. 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. PropertyNow is required to list ALL property under the correct legal property address as under third party website terms. PropertyNow will offer no reimbursement or refund for users who wish to list under an address other than the legal property address or who knowingly breach these terms.

43. Vendors may not list with PropertyNow if they are in a legally binding contract for sale with either another real estate agent or person prior to marketing on PropertyNow website. PropertyNow will not be held accountable for unknowingly marketing any property that is held under contract with another company/persons. The user takes full responsibility for any fees, commissions or other monies owed to other parties.

Marketing Terms

44. 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/leased.

45. Vendors must be responsive to enquiries from buyers and/or tenants and PropertyNow within a reasonable timeframe. If a Vendor is going to be away or otherwise unable to respond to enquiries, they must pause their listing, provide alternative contact information, or otherwise advise PropertyNow of the situation via email, phone, or SMS.

46. Each listing must pertain to one (and only one) unique space available for rent on a single standard lease agreement or available for purchase on a single contract of sale. In the case of rentals, a ‘space’ may represent an entire property or room within a property. It is not permissible to advertise multiple spaces (such as multiple apartments within one building, multiple rooms in a property where rooms are being let separately, multiple lots in a development, multiple titles where titles are being sold separately etc.) within one listing.

47. Rental properties must be current to be advertised. Current here means that the property is available for leasing within six weeks or less. When listings are leased. they must be marked as such within the PropertyNow system within 7 days. It is not permitted to keep a property active and/or simply extend the availability date whilst that specific property is leased/not available. For example, “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.

48. PropertyNow exports listing data to third-party portals automatically via Domain XML/REAXML meeting all listing field requirements. Whilst PropertyNow will work with third-party portals to resolve issues where possible, vendors must acknowledge that PropertyNow does not have any control over how third-party portals choose to style and order their website and listings.

49. Whilst PropertyNow personally checks all listing changes, the user is ultimately responsible for the content of their listing. The user must check their listing on third party websites regularly to ensure their satisfaction.

50. On occasion there may be ‘human error’ from staff and a small error may occur with your listing. It is the responsibility of the user to check their listing and ensure it is correct at all times. PropertyNow takes no responsibility and offers no reimbursements for errors missed by users. By agreeing to these terms, you agree that your listing content is your full and total responsibility as the user. Errors should be reported immediately to PropertyNow staff.

Hyperlinks

51. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

52. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

53. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

54. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

55. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

56. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

57. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

58. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

59. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

60. 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.

61. PropertyNow Pty Ltd, trading as PropertyNow, is a Licensed real estate agency (License Number of our Licensee is – 928874) operating under the Federal Laws of Australia and real estate industry statutes.

Statutory Guarantees and Warranties to Consumers

62. Schedule 2 of the Competition and Consumer Act 2010 ( “C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are: –

(i) Schedule 2 of the C&C Act; and

(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.

63. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then: –

(i) We will repair or replace the goods or any part of them that is defective; or

(ii) Provide again or rectify any services or part of them that are defective; or

(iii) Wholly or partly recompense you if they are defective.

64. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard: –

(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services, we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

(ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.

(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

65. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer: –

(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

(iv) We do not participate in any way in the transactions between our users.

Indemnity

66. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

67. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

68. These terms and conditions are to be governed by and construed in accordance with the laws of All States and Territories and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in All States and Territories and you agree to submit to the jurisdiction of those Courts.

69. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

70. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

71. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Dealings with PropertyNow Staff

72. It is a condition of use of PropertyNow services that Vendors are at all times respectful and courteous in their dealings with PropertyNow staff members. Abusive behaviour of any kind will not be tolerated and may result in removal of your listing. PropertyNow may offer no refund or reimbursements in this case. You acknowledge under these terms that any abusive dealings with staff will be recorded by staff and used as required.

73. Any breach of these Terms and Conditions by a user may result in the user’s property being removed from PropertyNow without refund and/or the user being barred from advertising properties with PropertyNow in the future.