Welcome to the website of Real Estate Yourself, operated by Real Estate yourself (ABN 72 424 119 836) (“we”, “us” or the “Proprietor”), which provides an online platform to assist vendors to sell or rent their properties themselves.
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
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 to the Proprietor that you are over the age of 18 years. Should the Proprietor 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 the Proprietor 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 the Proprietor 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
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor 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:
the Proprietor is unable to verify or authenticate any information that you provide to us; or
the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person; and
You indemnify and hold harmless the Proprietor and its 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
Registration and account security
Requirement for registration
The Proprietor reserves 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. The Proprietor 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 the Proprietor 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 the Proprietor immediately of any known or suspected unauthorised use of any password or any other breach of security.
a valid email address;
accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by the Proprietor during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Proprietor that all information provided to the Proprietor 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
The Proprietor reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Call answering solution system
You give consent to use our call answering solution system when people make a call/sms to our number 0488825810 to enquiry your property. You give consent that your contact details will be sent as a sms to people who phone/sms our number to enquiry your property and you give consent that you can be contacted directly by sms or call by then. This is because realestate.com.au and domain.com.au are not allowed to directly display your contact details in a listing
Order constitutes offer
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:
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 the Proprietor either:
provides the services to you, at the time at which the Proprietor commences providing the services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Proprietor.
Physical goods provided as part of our services
You expressly acknowledge and agree that we only supply and send products (such as sale signage) within Australia.
Standard postage within Australia is included in our fees. Express or other postage options will incur an additional fee payable on purchase.
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.
The Proprietor is reliant on third-party sites to which the Proprietor subscribes and pays fees to access. Such third-party sites may alter without notice. The Proprietor reserves the right to add or delete any third-party portal from its list of exported destinations without advance notice to you or other users of our site. The use of any website within the Proprietor’s export is at the sole discretion of the Proprietor. The Proprietor does not and cannot provide any guarantee regarding the continuity of these relationships. You hereby release the Proprietor from any liability that you may suffer should the Proprietor be unable to provide access to any of its third-party sites at any stage.
The Proprietor has 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:
The Proprietor 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.
The Proprietor 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 the Proprietor and its 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. The Proprietor may plead this release as a bar and complete defence to any claims or proceedings.
All prices are for standard listings from realestate.com.au, domain.com.au and other online listing portals until sold or leased. 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
The Proprietor reserves 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.
Payment for orders placed through this site may be made by credit card processed online using the secure PayPal payment gateway or using a PayPal account.
PayPal secure payment gateway
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
Credit and debit card payments
It is not necessary to have a PayPal account in order to make a purchase on this site. PayPal accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Refunds and other remedies
While PayPal 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 Proprietor.
The Proprietor 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 the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
all of its 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 the Proprietor in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).
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.
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 the Proprietor. 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 the Proprietor.
This site contains some features that enable you and other users to upload User Content. The Proprietor reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to the Proprietor that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to the Proprietor 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 the Proprietor’s absolute discretion.
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, THE PROPRIETOR AND ITS 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, the Proprietor and its 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 (including conveyancers with whom the Proprietor has 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.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the
Proprietor’s sole discretion):
in the case of goods, to any of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
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.
Governing law and jurisdiction
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 Proprietor’s 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 the Proprietor without the Proprietor’s 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 the Proprietor or any of its staff into disrepute.
SPECIFIC PROPERTY LISTING RULES
We will help you to list on other online property listing platform such as real estate, domain etc. It is your responsibility to accept and obey terms and conditions governing those other online property listing platforms 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 must provide us your copy of ID (driver’s licence or passport) and your proof of property ownership documents such as council rate, water bill etc. for us to approve your listings and make your listing go live.
You need to provide us a copy of your sales contract in order to us to approve your listing according to regulation of the State or Territory in which your property is located.
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”).
You must not enter any of your personal details on your listing (including anything along the following lines: “private sale”, “private rent”, “DIY sale”, “DIY rent”). If we discover any such wording in your listing, we reserve the right to either deny making your listing live or otherwise removing your listing with no refund or compensation payable to you.
Any breaking of these listing rules will result your listing pending or being removed by us and no refund is payable in such circumstances.