Real Estate Yourself Website Terms of Use
Welcome to the website of Real Estate Yourself, operated by JTH Trading Group Pty Ltd trading as Real Estate Yourself (ABN 216 599 640 57) (“we”, “us”or “our”). Our platform provides an online service to assist vendors in selling, renting or managing their properties independently
This website is located on the web via the domain http://www.realestateyourself.com.au and includes all of the files located in that domain http://www.realestateyourself.com.au
Agreement to these Website Terms of Use
By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use between the parties involved and constitute a binding agreement between you and us and govern your use of this site. We retain the right to alter any of our content or Terms of access at any given time. If you have any objections to our terms of service, your sole choice is to terminate or discontinue your access to our service.
Privacy Policy
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://realestateyourself.com.au/privacy.aspx) which is incorporated by reference into these Website Terms of Use.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Eligibility & Authority to list your property
By listing your property on this site, you represent and warrant to us that you are the legal owner of the relevant property or have otherwise been appointed or have the permission/consent by the legal owner to access this site and our services for and on behalf of the owner. By register an account with us, you agreed and accepted our terms and conditions here and you give us the authority to list your property on the major real estate websites. Should we suffer any damage or other losses as a result of a listing being made other than by the legal owner (or authorised representative of the legal owner) of the relevant property, we reserve the right to seek compensation for such losses from you.
Restrictions on use
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to us at law or in equity, we reserves the right to, without notice:
temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
you breach any provision of these Website Terms of Use;
we are unable to verify or authenticate any information that you provide to us; or
we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person; and
remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.
Indemnity
You indemnify and hold harmless us and our employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site; or
your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Registration and account security
Requirement for registration
we reserve the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that we will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this site, you must agree to these Website Terms of Use and provide us with:
any other information that may be required by us during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to us that all information provided to us by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
we reserve the right to accept or reject any application for registration of an account with this site at our discretion.
Messaging/Email policy
You agree to our Terms of Use and Privacy Policy. You consent to Opt in to receive phone calls and SMS messages/Emails from us to provide updates on your order/service/enquiry of your property needs and for marketing purposes. Message/Email frequency depends on your activity. You may opt-out by texting "STOP" or contact us back. Message and data rates may apply
24/7 Automated Call answering solution system/Auto Responder system
You give consent to use 24/7 Automated Call answering solution system/Auto Responder system. You give consent that your contact details will be sent out as a way of point of contact for your property listing enquires. This is because realestate.com.au does not allow to directly display your contact details in a listing
You need to advise us in writing if you want to update your contact details so we can update your contact details in our 24/7 call answering solution system/Auto Responder system.
Free-Eguide/book
You give consent for us to send you periodic marketing and newsletter emails if you provided your contact details as request or Free-Eguide/book on our site, If at any point you wish to unsubscribe, you can do so by clicking the "unsubscribe" link at the bottom of our emails.
Orders
Order constitutes offer
By placing an order through this site, you make an irrevocable offer to us to purchase the services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any services to you – however, we will endeavour to supply your selected services to you.
We will not commence processing any order made through this site unless and until:
payment for the order has been received by us in full; and the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
at any time:
refuse to provide services to you;
terminate your access to this site; and/or
remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when we either:
provides the services to you, at the time at which we commence providing the services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by us
Physical goods provided as part of our services
You expressly acknowledge and agree that we only supply and send products (such as sale signage etc) within Australia and postage fee will apply
We take no responsibility for loss or damage once dispatched your products (for sale or for lease board etc.)
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.
We rely on the provision of products from third-party suppliers. You expressly acknowledge and agree that we will not be responsible nor liable for any problems that may arise with respect to the products provided by those third-party suppliers – all such products are provided to you on an “as-is” basis.
Timing of uploading of your listing
Please note your listing will be live within 24 hours after payment if you meet all the listing requirement. We rely on third party portals to make your listing go live and therefore, while we will endeavour to have your listing go live as soon as possible, we cannot control such timing. You acknowledge and agree that we are not responsible nor liable for any problems that may arise in the third-party website.
Third-party sites/portals
We are reliant on third-party sites/portals to which we subscribe and pays fees to access. Such third-party sites/portals may alter without notice. We reserve the right to add or delete any third-party portal from our list of exported destinations without advance notice to you or other users of our site. The use of any website/portal within the our export is at the sole discretion of ours. We do not and cannot provide any guarantee regarding the continuity of these relationships. You hereby release us from any liability that you may suffer should we be unable to provide access to any of our third-party sites at any stage. There won't be refund or compensation in such case.
Conveyancing parties
We have commercial referral relationships in place with a range of conveyancing specialists (who are listed on this Website from time to time). By registering an account on this Site, the User acknowledges and agrees that:
We may share the User’s details uploaded to this Site (during registration or otherwise) with the conveyancer(s) featured on this Site with a view to those conveyancer(s) then contacting the User to negotiate further services to assist the User in the sale of their property.
We expressly excludes all liability with respect to the services that any such conveyancer(s) may provide. You agree that your use of services offered by the conveyancer(s) is at your own discretion and risk. You agree to release us and our employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from the services provided by the conveyancer or the conveyancer’s use of the user’s information. We may plead this release as a bar and complete defence to any claims or proceedings.
Prices
All prices are for standard listings on third party sites such as realestate.com.au etc subject to our fair use policy. Once the listing is live, our fee had been earned. There won't be a refund in the case once the listing had been made live. if you withdraw your listing and want re-list the same property after 30 days then there will be a same re-listing/advertising fee per our price package. If you need an upgrade to a premier, highlight/feature listing for your listing on realestate.com.au please contact us so we can check the price manually for you as price is different from suburb to surburb for upgrading the listing to premier/feature/highlight from a standard listing per realestate.com.au
We reserve the right to change the prices for services displayed in this site at any time before you place an order. The price is for listing one property only, not multiple properties. You need to pay for listing another property with us each time.
Fair use Policy
Listings on the Real Estate Yourself platform are governed by our fair use policy. We will notify you if your real estate ads have been active for an unusually extended period, and we will request confirmation of the ad status.
It usually take average 90 days to sell your property and average 30 days to rent your property.
Typically, if a property listing has been active on Real Estate Yourself for more than 3 months, it will undergo a review. However, reviews may also be conducted at other times. During the review process, the following situations may trigger further assessment:
There has been no account activity for a significant period, exceeding 3 months.
Reports indicate a lack of customer response or complaints regarding the customer's behaviour.
A listing appears to have been rented or sold without removing the ad, resulting in an excessive number of property enquiries or applications over an extended period. We reserve the right to not publish any listing update if we believe this is the case.
Should any of these circumstances arise without a written reasonable explanation within 48 hours after we send you the review notice, the customer may be considered in violation of Real Estate Yourself's terms of service. Consequently, the ad may be removed without any refund or compensation, and Real Estate Yourself reserves the right to apply additional charges at our discretion
Product and Service Descriptions
We make every effort to provide accurate descriptions of our products and services on our website. However, we cannot guarantee the absolute accuracy of the descriptions. In the event that we become aware of any misdescription, we retain the right to rectify any errors or omissions.
Payment methods
Payment for orders placed through this site may be made by credit card processed online using the secure Stripe/Paypal payment gateway or using a PayPal account.
Refunds
we are able to provide refund(including change of mind) until the listing is live. Once the listing is live, we are unable to provide any refund.
we are able to provide refund until a product had been shipped, supplied or booked incurring a cost to real estate yourself
In cases where a customer has made a payment for an advertisement or platform access but has not promptly responded to verification requests or failed to cancel their subscription before a charge, refunds will not be provided. If a refund is requested before a listing goes live, a processing fee of $75 will be charged. Furthermore, If a refund is requested or we made a refund back to you, due to suspicious fraudulent listing attempt after a purchase but before the listing goes live, a processing admin fee of $75 will be charged.
Security
While PayPal/ Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the us
We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you per refund clause
Intellectual property
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
this site;
all of our content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by us in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of us or our licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of us or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of us. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of us
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as property listing information, property listing images or comments, forum posts, chat room messages, reviews, ratings and feedback etc
This site contains some features that enable you and other users to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content at our absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our absolute discretion.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, we and our employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
content that you may upload, including listing content, will be error free;
the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data (in no circumstance do we guarantee that our internet service will be free from break down nor will be at all responsible or liable for any such break downs);
this site will meet your requirements or expectations;
any third-party suppliers/sites (including conveyancers with whom we have a commercial referral relationship) will provide their services to you in any particular manner or such as to meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
Exclusion of liability
To the maximum extent permitted by law, we and our employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release us and our employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. we may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, we exclude liability for any delay in performing any of our obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
these Website Terms of Use may not be construed adversely against us solely because we prepared them;
the singular includes the plural and vice-versa;
a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without our prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
we may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
Variation
We reserve the right to amend these Website Terms of Use and any other policy on this site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with us
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of the our intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us without the our prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring us or any of our staff into disrepute.
SPECIFIC PROPERTY LISTING RULES
We provide general information to help you to list on other online property listing platform such as realestate.com.au, domain.com.au etc. It is your responsibility to accept and obey terms and conditions governing those other online property listing platforms and your local authority rules and all regulation/laws from all jurisdictions all the time. Failure to do so will result in either a delay in your listing to “go live” or the removal of your listing. You expressly acknowledge and agree that we will not provide any refund in such circumstances. You will be responsible for your own listing information breach against any regulations.
You must provide us your proof of property ownership documents such as council rate or water rate etc. for us to approve your listings and make your listing go live.
You must follow all online listing requirements/rules from your State or Territory institution
You must provide the correct legal address for listing otherwise your listing will be removed by us and no refund is available in such case.
You must not provide fake description/image in your listing and you must not provide dishonest or misleading information in your listing. Any breach of this obligation may see your listing removed and we will not provide any refund in such circumstances.
You must be responsible for copy content writing for your listing and you must ensure that it is all accurate. You must inform us if there is any error on your listing if you believe there is a small error that we have made.
You must not list with us if your property is already under contract.
Your listing will be active once we confirm that you have complied with our listing rules.
Your listing will be removed when your property is sold or leased (as applicable).
If you remove the listing by yourself, there will be no refund or compensation payable from us to you.
You must update the status of your listing as and when applicable to accurately reflect the status of your listing (such as “under contract”). For listing under offer/under contract for more than 60 days, realestate.com.au have the sole direction for automatically withdraw the listing if the listing is under offer for more than 60 days
You must not enter any of your personal contact details on your listing description; we reserve the right to either deny making your listing live
You must respond property esquires at at timely manner, in the case if there is an active listing and if there are prospective tenants/buyers could not reach you for sometime, we reserve the right to temporally pause the listing for you until we hear back from your response; re/active or listing fee will apply
Although your sold listing, withdraw listing can be used for future re-advertising, we reserve our right to remove your sold listing, withdraw listing from our portal at anytime after it has been withdrawn/sold more than 6 month without any notice, so it is your responsibilities to keep a copy of your property images, descriptions in your own drive for any future use
You must be responsible for the copyright of all your listing information, images etc. and any potential copyright infringement from your listing
Any breaking of these listing rules may result your listing pending or being removed by us and no refund is payable in such circumstances.
Self Property Management Platform/Service
Our online platform designed to assist private landlords in Australia with managing their properties privately. We do not act on behalf of our clients to manage their property.
By using this online self-property management-platform, you confirm and warrant that you are the legal owner of the property or are authorized by the legal owner to manage the property through our services.
Real Estate Yourself provides sample online lease agreements and condition reports as guidelines for property management. However, users are solely responsible for the content and accuracy of any documents created using our platform. We do not assume responsibility for the content or legal sufficiency of these documents.
In the event of a dispute between parties arising from the use of documents or services provided by Real Estate Yourself, users agree to resolve such disputes independently. Real Estate Yourself is not responsible for any legal proceedings or disputes that may arise.
Users acknowledge that Real Estate Yourself does not provide legal advice, and any use of our platform should not be considered a substitute for professional legal counsel. It is advisable to consult with a qualified legal professional for specific legal concerns.
Real Estate Yourself disclaims all liability for any damages, losses, or claims arising from the use of our services or documents, including but not limited to, financial losses, property damage, or legal disputes.
Users agree to use Real Estate Yourself at their own risk and to indemnify and hold Real Estate Yourself, our affiliates, and employees harmless from any claims, demands, or damages arising from their use of the platform.