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Contact Us Contact Support Support Advertise with Us Advertise Terms &
Conditions Terms & Conditions


TERMS OF USE




LEGAL INFORMATION

Contractual Terms of Use of the realestate.com.au platform.

If you browse or otherwise access any content or data on the realestate.com.au
platform (including its website, mobile site, apps and voice assistant
products), you agree to be bound by these terms.

If you are a realestate.com.au customer looking for the general terms and
conditions applicable to your realestate.com.au subscriptions and other
products, please click here or go to https://about.realestate.com.au/terms.

These terms of use and our Privacy Policy form the basis on which you may access
and use our platform, including its websites, any subdomains of those websites,
mobile sites, apps and voice assistant products (together called “our
platform” in these terms).

We reserve the right to change any or all of our terms of use or other
conditions for using our platform at any time by publishing the new terms or
conditions on our website. Your use of our platform constitutes your acceptance
of those terms. Should you object to any of our terms of use or other notices on
our platform your sole option is to immediately cease your use of our platform.

We do not warrant that content, links, or subdomains contained on, or associated
with our website will be available and accessible to you at all times. We may
change the path or location of a link or sub-domain, or redirect content
contained within a link or subdomain on our website at any time without prior
notice to you. We do not warrant that any links that you forward will remain
constant at the time that you forward or share them, as they are subject to
change at any time without notice to you.

Information on our platform and in any realestate.com.au publication should not
be regarded as a substitute for professional legal, financial or real estate
advice.

realestate.com.au Pty Ltd (REA) is responsible for maintaining our platform and
all realestate.com.au publications make no warranty as to the accuracy or
reliability of the information contained therein (including, but not limited to,
any content or information generated on our platform by or on behalf of REA, and
any Third Party Content on our website).

Restrictions on use of websites

In accessing or using our platform you agree that you will not:

  (a)  use any automated device, software, process or means to access, retrieve,
scrape, or index our platform or any content on our website; 

  (b)  use any device, software, process or means to interfere or attempt to
interfere with the proper working on our website; 

  (c)  undertake any action that will impose a burden or make excessive traffic
demands on our infrastructure that we deem, in our sole discretion to be
unreasonable or disproportionate site usage; 

  (d)  use or index any content or data on our platform for purposes of:

          (i) constructing or populating a searchable database of properties, 

          (ii) building a database of property information; or 

          (iii) competing with us in any manner that we have not specifically
authorised;

  (e)  transmit spam, chain letters, contests, junk email, surveys, or other
mass messaging, whether commercial in nature or not; 

  (f)  use our platform or any content from our platform in any manner which is,
in our sole discretion, not reasonable and / or not for the purpose which it is
made available; 

  (g)  violate the rights of any person, including copyright, trade secret,
privacy right, or any other intellectual property or proprietary right; 

  (h)  pose as any person or entity or attempt to solicit money, passwords or
personal information from any person; 

  (i)  act in violation of any Term of Use or other condition imposed by us or
any applicable law;

  (j)  reproduce, republish, retransmit, modify, adapt, distribute, translate,
create derivative works or adaptations of, publicly display, sell, trade, or in
any way exploit our platform or any content on our website, except as expressly
authorised by us; or 

  (k)  transmit or attempt to transmit any computer viruses, worms, defects,
Trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent
unauthorised access to or use of our website, including, but not limited to,
instituting technological barriers, or reporting your conduct to any person or
entity.

Copyright

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

Third party links and advertising

Our platform often includes advertisements, hyperlinks and pointers to websites
operated by third parties. Links to third party websites include, without
limitation, links to our platform or some of our real estate agency customers.
Those third party websites do not form part of our platform and are not under
the control of or the responsibility of REA. When you link to those websites you
leave our platform and do so entirely at your own risk. REA and its related
entities make no warranty as to the accuracy or reliability of the information
contained on any third party websites, and REA and its related entities,
directors, officers and agents disclaim all liability and responsibility for any
direct or indirect loss or damage which may be suffered by you through relying
on anything contained on or omitted from such third party websites. A display of
advertising does not imply an endorsement or recommendation by REA.

Contributions

In this section ‘Contributions’, means information including data, text, video,
still images, audio or other material that REA has permitted you to host, share,
publish, post, store or upload on our platform  as permitted under these terms. 

REA may at any time, without liability to you, remove, alter or disable access
to any or all of your Contributions in its sole discretion without prior notice
to you. Without limiting the previous sentence, REA may remove or disable access
to any or all your Contributions if it considers that:

  (a)  those Contributions are in breach of any law or regulation; 

  (b)  those Contributions infringe the intellectual property rights of any
third party; 

  (c)  it is required to do so by a regulatory body or any relevant authority
pursuant to an interim or final take-down notice; 

  (d)  those Contributions are:

          (i) misleading or deceptive; 

          (ii) inappropriate having regard to the purpose of our platform; 

          (iii) likely to cause offence; 

          (iv) materially incorrect; 

          (v) obscene; 

          (vi) defamatory; 

          (vii) otherwise unlawful; or 

          (viii) corrupted, due to the presence of a virus or other disabling
code.

You retain all of your ownership rights in your Contributions. REA is under no
obligation to treat your Contributions as proprietary information.

To the extent that any Contributions are proprietary in nature, you grant REA 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 Contributions
throughout the world in any medium, whether currently in existence or not. You
also grant each user of our platform a nonexclusive licence to use, reproduce,
adapt, translate, distribute, prepare derivative works of, display and perform
your Contributions as permitted by REA and these terms.

You grant REA, in respect of Contributions to its website the right to use your
name or the name you submit with the Contribution, and, the right to represent
and warrant that:

  (a)  you own and control all of the rights to the Contributions; or 

  (b)  you have the lawful right including all necessary licences, rights,
consents, and permissions to use and authorise REA to display the Contributions.

For any Contributions that you may retain moral rights in, you declare that:

  (a)  you do not require that any personally identifying information be used in
connection with the Contribution, or any derivative work, upgrade or update of
the Contribution; and

  (b)  You understand that when accessing our platform, you may be exposed to
the Contributions of other users of our platform. You acknowledge and agree that
REA does not have control of and is not responsible for these other
Contributions. You release REA from any claims that you could assert against REA
relating to or in connection with these other Contributions.

You represent and warrant that:

  (a)  you have the lawful right including all necessary licences, rights,
consents, and permissions to use and authorise REA to display your
Contributions; and 

  (b)  you will not make any Contributions that:

          (i)  infringe the intellectual property rights of any third party, and
you agree to pay all royalties, fees or other monies payable by reason of any
Contributions made by you; 

          (ii)     are misleading or deceptive; 

          (iii)    are materially incorrect; 

          (iv)    are likely to cause offence; 

          (v)     directly or indirectly involve the advertising or marketing of
any products or services; 

          (vi)    are obscene, including pornographic, hateful, racially or
ethnically offensive material; 

          (vii)   are defamatory; 

          (viii)  are otherwise unlawful or encourage unlawful conduct; or 

          (ix)   are otherwise inappropriate having regard to the purpose of our
platform.

Third Party Content

Our platform contains content provided to REA by other parties (Third Party
Content). REA does not have a practice of monitoring or making inquiries about
Third Party Content. REA is not responsible for, does not endorse and makes no
representations either expressly or impliedly concerning Third Party Content.
Third Party Content does not represent the views of REA. You rely on Third Party
Content completely at your own risk. 

Platform providers

Our apps and voice assistant products are provided subject to the platform or
software provider’s terms.

(a) Apple

If you download one of our apps through the iOS App Store, you acknowledge that
these terms incorporate an end user licence agreement between you and REA.  The
end user licence agreement is between us and you – it is not an agreement
between Apple Inc. (Apple) and you. 

We grant you a non-transferable licence to use the app on any iPhone or iPad
that you own or control.  You must comply with the Usage Rules in the App Store
Terms.

You acknowledge that:

 * REA (not Apple) is solely responsible for the app and its contents; and
 * Apple is not required to provide maintenance or support services for the app.

If the app fails to comply with a warranty (if any), you may notify Apple and
Apple will refund the app purchase price to you.  To the maximum extent
permitted by law, Apple has no other warranty obligation with respect to the
app.  Any other claims, losses, liabilities, damages, costs or expenses
attributable to a warranty failure (if any) is our responsibility.

We are (and Apple is not) responsible for:

 * addressing any claims by you or any third party relating to the app or your
   possession or use of the app, including (but not limited to): (i) product
   liability claims; (ii) failure of the app to conform to any applicable legal
   or regulatory requirement; and (iii) claims under consumer protection or
   similar legislation; and
 * investigating, defending, settling and discharging any third party claim that
   the app or your possession or use of the app infringes that third party’s
   intellectual property rights.

You represent and warrant that: (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (ii) you are not listed on
any U.S. Government list of prohibited or restricted parties.

 If you have any questions, complaints or claims you can contact us at
customercare@realestate.com.au, via the ‘feedback’ option on the app Settings
menu or by calling 1300 134 174.

You acknowledge and agree that Apple and its subsidiaries are third party
beneficiaries of this end user licence agreement and that, your acceptance of
these terms (and this end user licence agreement), gives Apple (and you accept
that Apple has) the right to enforce the end user licence agreement against you
as a third party beneficiary of the agreement.

(b) Android

Apps accessible via Android devices include software from The Android Open
Source Project Copyright (c) 2005-2008, The Android Open Source Project.
Licensed under the Apache License, Version 2.0 (the “License”); you may not use
this file except in compliance with the License.  Unless required by applicable
law or agreed to in writing, software distributed under the License is
distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
either express or implied. See the License for the specific language governing
permissions and limitations under the License.

(c) Amazon

If you download one of our skills through the Amazon Skills store, you
acknowledge that these terms incorporate an end user licence agreement between
you and REA.  The end user licence agreement is between us and you – it is not
an agreement between Amazon and you.

We grant you a non-transferable licence to use the REA Alexa Skill on the terms
set out in this agreement.

(d) Google Maps

Your use of Google Maps is subject to the Google Maps Terms of Service and
Google Privacy Policy. 

Property Reports

If you request a property or suburb report or price estimate (Property
Report) via our platform, you consent to the use of your email address for the
purposes described in our Privacy Policy. Property Reports are of a general
nature only, based on historical data and will not take into account the
potential impact of external factors (such as changes in the economy, future
planned infrastructure, regulation, environment  or the property market) which
may affect the value of the property. Property Reports should not be regarded as
advice or relied upon by you or any other person and we recommend that you seek
professional advice before making any property decisions.  In providing a
Property Report, we do not act as an agent for you or any real estate
professional involved in preparation of the report. For the avoidance of doubt,
indicated sections of Property Reports and sections provided by real estate
professionals (including any price estimate) are deemed to be Third Party
Content for the purposes of the section immediately above.

Editorial content

Any editorial content or articles on our site are of a general nature only and
do not consider your personal objectives, financial situation or particular
needs. Editorial content should not be regarded as advice or relied upon by you
or any other person and we recommend that you seek professional advice before
acting on the content. For the avoidance of doubt, editorial content provided by
third party authors that are not employed by us is deemed to be Third Party
Content for the purposes of the section above.

Terms and Conditions for realestate.com.au Connect

Realestate.com.au Connect is a household utilities comparison service which
allows you to compare and apply to purchase utilities products and services
provided by various third parties such as energy, gas and telecommunications
providers (Household Utilities) at a nominated address. You may access
‘realestate.com.au Connect’ either:

  (a)  by browsing our website (Website Service); or

  (b)  through our telephone service if requested by you through your 1Form
online tenancy application (Telephone Service).

If you use realestate.com.au Connect, the additional terms and conditions at
this link also apply.

Further warranties

You represent and warrant that:

  (a)  your use of our platform will comply at all times with these terms and
any directions we make to you in relation to your use of our platform from time
to time; 

  (b)  you will make sure that you keep your username and password by which you
access ‘Myrealestate’ confidential and secure at all times; and

  (c)  you accept all liability for any unauthorised use of any username and
password issued except for unauthorised use resulting from any negligent act or
omission legally attributable to REA.

Indemnity

You agree to indemnify and hold REA and its affiliates (and their officers,
agents, partners and employees) (collectively, "those indemnified") harmless
against any and all loss, liability, claim or demand (including reasonable
attorneys’ fees) arising out of any third party claim against those indemnified
in connection with Contributions you have made to our websites, other than to
the extent that such loss, liability, claim or demand was caused by REA’s fraud,
gross negligence or wilful default. We will notify you within a reasonable
period of any third party claim giving rise to a claim for indemnification and
will take reasonable steps to mitigate any loss or damage. To the extent that we
caused or contributed to any loss, your liability will be reduced
proportionately.

Policy for linking to our website

You may only link to content on our platform if we consent.  If we do allow you
to link to our platform, it is on condition that you do not:

  (a)  attribute a link to REA content as being a link to your own or someone
else’s content (for example, use your own logo to link to our content);

  (b)  attribute a link to our site and then link somewhere else;

  (c)  frame our content in such a way as to present it as your own or as
belonging to anyone other than us or our licensors; or

  (d)  link to our content as part of a website that aggregates property
listings and/or information or competes with us in any manner.

We reserve the right to require that you do not link to our content and we may
exercise this right by giving notice to you. We reserve complete discretion in
relation to our exercise of this right, which may be due to the matters or
circumstances above, or any other matter or circumstance we consider is
reasonable.

Limitation of liability

Certain rights and remedies may be available under the Competition and Consumer
Act 2010 (Cth) and similar legislation of other States or Territories. Nothing
in these Terms and Conditions has the effect of limiting, excluding, restricting
or modifying those rights and remedies, and all provisions of these Terms and
Conditions are subject to those rights and remedies.

TO THE EXTENT PERMITTED BY LAW NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY,
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF
GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT,
LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER
CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR
BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST THEM UNDER OR IN ANY WAY
CONNECTED WITH THIS AGREEMENT OR THE WEBSITES, EXCEPT WHERE SUCH DAMAGES, LOSS
OR COSTS:

(a) ARISES FROM THAT PARTY’S FRAUD, CRIMINAL CONDUCT OR WILFUL MISCONDUCT, OR

(b) IS THE SUBJECT OF AN INDEMNITY PROVIDED UNDER THESE TERMS OF USE.

THE AGGREGATE LIABILITY OF EACH PARTY AND THEIR RELATED ENTITIES FOR LOSS,
DAMAGES AND COSTS WHICH ARE NOT EXCLUDED UNDER THE CLAUSE ABOVE WILL AT ALL
TIMES BE LIMITED TO $100.00, EXCEPT WHERE SUCH DAMAGES, LOSS OR COSTS:

(a) ARISES FROM THAT PARTY’S FRAUD, CRIMINAL CONDUCT OR WILFUL MISCONDUCT, OR

(b) IS THE SUBJECT OF AN INDEMNITY PROVIDED UNDER THESE TERMS OF USE.

Jurisdiction

Your use of our platform, these terms, our Privacy Policy and all of our legal
terms and notices will be governed by and construed in accordance with the laws
of Victoria, Australia and by using our platform you irrevocably and
unconditionally submit to the jurisdiction of the courts of that State.

© REA Group

Last update October 2023

CONTACT US

help.realestate.com.au

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