Terms of use

  1. Introduction

    1. We are committed to helping you deliver the best property experience to your customers. By accessing or using realestatebookings.com, (the ‘OriginatingWebsite’) or affiliated websites that are accessible from the Originating Website such as your Admin Portal, or using the mobile application Real Estate Bookings (‘the App’), or any of our Digital Marketing Services, you agree to the Terms of Use (‘Terms’) on behalf of yourself and/or the organisation on whose behalf you are accessing the Website, using its products such as the App or Admin Portal, or our Digital Marketing Services, (‘the Service(s)’), and you warrant that you are authorised to do so. Your use of, and/or access to the Service constitutes your agreement to the Terms.
    2. We reserve the right to amend the Terms at our discretion and without notice at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms. A copy of the current Terms is displayed on the Service at all times.
    3. These Terms apply to your use of the Real Estate Bookings Service, which is provided by Real Estate Bookings Pty Ltd (ABN 37 153 625 784), (‘the Company’). In these Terms, “we”, “us” and “our” refer to the Company, and references to “you”, “your” or “Customer” is to you, the end user of the Service.
    4. If you are accessing and using the Services on behalf of a company (such as your employer), you represent and warrant that you have the authority to bind that company to these Terms.
    5. By using our Service, you agree to be bound by these Terms and become a party to this agreement. The Service is provided subject to the conditions and limitations set out in these Terms. After accepting these Terms, your continuing use of the Service constitutes your ongoing agreement to these Terms of Service. If you do not agree with these Terms, you must not use the Service.
    6. These Terms also incorporate our Privacy Policy and any Terms and conditions applicable to the particular Real Estate Bookings Service you choose to use.
  2. Your Personal Information

    1. By using the Service, you may submit personal information (‘Personal Information’) as defined under the Privacy Act 1988 (Cth) (‘Privacy Act’).
    2. Any Personal Information collected through your use of the Service is not disclosed or passed on to third parties, unless you require third party applications or software for use with the Service. How we collect, use, disclose and handle your Personal Information is set out in our Privacy Policy.
    3. You agree that your Personal Information will be managed in accordance with our Privacy Policy. Our websites use cookies and web-tracking tools to improve the content and functionality of the Service. Our use of cookies and web-tracking tools is managed in accordance with our Privacy Policy.
  3. Customer Data

    1. Data about a customer (‘Customer Data’) including Personal Information may be collected by us from your use of the Service, directly from the customer, from third parties, and/or from publicly available sources.
    2. We handle Customer Data in accordance with our Privacy Policy and the Privacy Act. To the extent that you collect or have access to Customer Data through the Service, you must also collect, process, store, disclose and/or use that Customer Data in accordance with our Privacy Policy and the Privacy Act.
    3. You agree that we may use Customer Data to supply the Service to you (including but not limited to displaying and supplying information and material to Customers) and otherwise to operate the Service.
    4. We will never sell your Customer Data. We will never use your Customer Data for direct marketing without your explicit permission.
    5. Any Customer Data collected through the Real Estate Bookings platform is owned by you.
    6. If you require third party applications or software for use with the Service, the Company may allow the providers of such applications to access your data to allow such applications or software to interoperate with the Service. The Company will not be responsible or liable for any disclosure, modification or deletion of your data resulting from access by third party applications or software.
  4. License to Use the Service

    1. The Company provides you a one-time, revocable and non-exclusive license to use the Service for the purpose on the condition that:
      1. You agree to the Privacy Policy;
      2. You only submit accurate information;
      3. You only use the Service solely for the Purpose; and
      4. You comply with the terms & conditions of the Originating Website when using the Service;
      5. You only use the Service for lawful purposes;
      6. You do not engage in any improper, indecent or offensive behaviour while using the Service; and
      7. You are not breaking any local, state or federal law in your relevant jurisdiction by the way you use this Service; and
      8. You will not use any device, software or process to interfere or attempt to interfere with the functioning of the Website.
    2. We may change, update or amend these Terms at any time in our absolute discretion without notice. You should review these Terms periodically so that you are updated on any changes. If we do change these Terms, the terms in force at the time of each individual use of the Service will apply.
  5. Contributions to the Company

    1. A Contribution (‘Contribution’) is any information, including data, text, video, still images, audio or other material that the Company has permitted you to host, share, publish, post, store or upload on our Service as permitted under these Terms.
  6. Authorised Real Estate Agent Conditions

    1. As a condition of use, you warrant and represent to us:
      1. You hold all licenses, accreditations and authorisations required by law for you to sell or lease (or offer to sell or lease) the properties that you list through the Service;
      2. You are authorised to sell or lease (or offer to sell or lease) all properties that you list through the Service;
      3. The property listing, goods or services you display or offer, and the processes by which you offer those goods or services to a customer, comply with all applicable laws including but not limited to the Australian Competition and Consumer Act 2010 (Cth) and any other applicable fair trading legislation;
      4. Your listing on the Service does not misleading and deceptive details including but not limited to your qualifications as a real estate agent, and is not offensive, defamatory, slanderous, libelous, violent, sexually explicit and/or exploitative.
    2. In respect of any content that you upload through the Service or submit to us, you warrant that it is:
      1. to the best of your knowledge, accurate;
      2. compliant with these Terms and the Privacy Policy;
      3. free of any computer virus, malicious code or any other items of a destructive nature;
      4. not false, defamatory, misleading or otherwise deceptive in any way; and
      5. not uploaded in breach of the intellectual property rights of any third-party.
    3. You agree that you are liable for and indemnify us against any and all liability, loss, costs and expenses arising from or incurred in connection with your breach of any warranty in these Terms.
    4. We make no warranties as to the accuracy of any content posted on the Service or on the Originating Website.
    5. You are responsible for your compliance with these Terms including but not limited to your Contributions to the Service. You must immediately notify us and any relevant authorities if you become aware of any use of the Service that is, or is likely to be illegal or threatening to the health of any person. You must only use the Service in accordance with applicable laws and government regulations.
  7. Accuracy, Content and Quality of Contributions

    1. You understand and agree that we:
      1. will not investigate or verify the accuracy or completeness of any Contributions;
      2. are entitled to rely on the accuracy or completeness of your Contributions;
      3. will not be liable to you or any third party for any loss or damage suffered or incurred by you, a customer or any third party as a result of your reliance on any Contributions;
      4. do not control or verify any information provided by a customer to you through the Service, as we provide a facility only. You are responsible for confirming the veracity and accuracy of information supplied to you.
    2. You represent and warrant that all Contributions on the Service are:
      1. not in breach of any law or regulation;
      2. not infringing the intellectual property rights of any third party;
      3. accurate, complete, relevant and up-to-date and if not, you will take all reasonable measures to correct them;
      4. not misleading or deceptive or capable of misleading or deceiving;
      5. not harmful to minors, obscene or otherwise offensive.
  8. Non-compliance with Contribution Responsibilities

    1. The Company reserves the right and discretion to provide you with the opportunity to remove offending content but does not have to provide you with this opportunity. At all times, the Company reserves the right to remove Contributions that are non-complaint with our Terms or are unlawful without prior notice to you.
    2. In addition to any other rights and remedies under these Terms and in law, the Company reserves the right to immediately suspend or cancel access to its products and services for breach of any of these Terms.
  9. Removal of Contributions from the Company

    1. You are able to remove or request that the Company remove your offending Contributions, however you acknowledge and agree that we reserve the right to retain backup copies of any Contributions you have previously provided through the Service as part of our routine operational risk management back-up procedures. Our routine back-up procedures are subject to our Privacy Policy.
    2. We may also in our sole discretion remove any or all of your Contributions on the Service if they are in breach of these Terms.
  10. Availability & Function of the Service

    1. Your access and use of the Service may be interrupted for reasons such as maintenance, malfunction of equipment, repair or updating, capacity constraints, your location and circumstances beyond our control including third party telecommunications service suppliers and acts of nature.
    2. We are not liable for any damage, liabilities, losses including but not limited to loss of profits, revenue, business or loss of opportunity or any other consequences that you may suffer or incur as a result of any such interruptions.
    3. You agree that we are not liable for the Service:
      1. Being unavailable;
      2. Being incorrect;
      3. Not functioning correctly;
      4. Sending information incorrectly; and/or
      5. Failing.
    4. We make no warranties or guarantees, implied or express, as to the ongoing availability of the Service.
    5. You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access this Service or parts of it.
    6. We may change, update or otherwise amend the Service at our absolute discretion and without notice.
    7. We may provide third parties with alerts and other information in respect of property listings that you have provided through the Service. We do not guarantee the accuracy of the content of any alert. You understand and agree that:
      1. any alerts provided to third parties though the Service may be delayed or may not occur for a range of reasons; and
      2. we are not liable to you or any third party for any delays, failure to deliver, or misdirected delivery of any alert, or for any errors in the content of an alert.
  11. Your Account

    1. To use our Service, an account will be created by us, including a username and password (‘Account’). Any Account you use cannot be shared, transferred or assigned in any way with others.
    2. You are responsible for maintaining the confidentiality of your Account details. You are solely responsible for any activity in connection with your Account, and we will not be liable for any unauthorised use of or access to your Account.
    3. You must notify us of any unauthorised access or use if you suspect your Account has been compromised.
  12. Fees

    1. Our fees are outlined in the Contract Agreement (‘Contract’).
    2. Our fees are subject to change post the Contract period.
    3. Where the Service is terminated during the Contract period, an early termination fee applies. This is comprised of 50% of the service fee otherwise due for the remainder of the one-year term.
    4. If the Service is terminated where there is an ongoing subscription, post the Contract period, a 3-month billable notice period is required to end the subscription.
  13. Intellectual Property

    1. The Company has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
    2. The Service may use software and other proprietary systems and intellectual property for which The Company has appropriate authority to use, and the Agency agrees that such use is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. You warrant that your use of the Service shall not infringe on any third-party rights through the use of the Service.
    3. You agree and accept that the Service is the intellectual property of the Company and further warrant that by using the Service you will not:
      1. Copy the Service for your personal or commercial purposes; and
      2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Service or any documentation associated with it.
    4. All content remains the intellectual property of the Company, including (without limitation) any source code, analytical and statistical information, ideas, enhancements, feature requests, suggestions or other information provided by the Agency or any other party with respect to the Service.
  14. Linking to our Service

    1. You may only link to our Services with when granted consent. If approved, it is on condition we reserve the right to demand removal of this link. We will exercise this right by providing notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to any matter or circumstance we consider reasonable.
  15. Third-Party Website Links and Advertising

    1. Our Services may contain hyperlinks and other pointers to websites operated by third parties (‘Linked Websites’). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk. You consent to receiving this information as part of your use of the Service. We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
    2. The Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage that may be suffered by you through relying on anything contained on or omitted from such third party websites or apps.
    3. Unless expressly stated, a display of advertising does not imply an endorsement or recommendation by the Company.
  16. Limitation of Liability and Indemnity

    1. You acknowledge and agree that you use the Service at your own risk.
    2. As a consumer, there are certain rights (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (‘Non Excludable Condition’).This clause is subject to those Non Excludable Conditions.
    3. You agree that all implied guarantees, conditions and warranties are excluded from these Terms, except any Non Excludable Conditions.
    4. Subject to the application of any applicable Non Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with these Terms or the Services, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded. Subject to the application of any Non Excludable Condition, we will not, under any circumstances, be liable to you for any Consequential Loss. Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
    5. To the extent permitted by law, our liability for breach of any Non Excludable Condition is restricted to the resupply of the Services or payment of the cost of re-supply of Services.
    6. You agree that to the fullest extent available under the law, the limitation and indemnity clauses, to the extent that they are applicable, apply to any Originating Website that you use to access or use the Service.
  17. Privacy

    1. You agree that you will not do anything that shall compromise the Company’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Service is concerned.
    2. You may opt-out from receiving communications through the Service or cookies or other measurement tools, however in doing so you acknowledge that you may lose functionality from the Service.
    3. We may amend the Privacy Policy at any time in our sole discretion. You should review the Privacy Policy periodically so that you are updated on any changes.
  18. Termination

    1. Either party may end the agreement arising from these terms and conditions immediately for any reason by giving the other party written notice. Where this agreement has been terminated you must immediately cease using the Service.
    2. We may in our sole discretion temporarily suspend or cancel your access to the Service if we determine that you are in breach of these Terms, if there is a threat of attack on the Company, or any other event that may create risk to you, a third party, or any other user of the Service.
    3. Where the Service is terminated during the Contract period, an early termination fee applies. This is comprised of 50% of the service fee otherwise due for the remainder of the one-year term.
    4. If the Service is terminated where there is an ongoing subscription, post the Contract period, a 3-month billable notice period is required to end the subscription.
    5. We will make reasonable efforts to provide information to you about the reasons for any suspension or account cancellation.
    6. We are not liable for any damage or losses including but not limited to loss of profits, revenue, business or loss of opportunity or any other consequences that you may suffer or incur as a result of any suspension or cancellation of the Service.
  19. Complaints and Disputes

    1. We reserve the right to remove any content from the Service, restrict access or otherwise limit the Service in any way with respect to you or any other user.
    2. If you have a complaint about the Service, you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.
    3. If you have a dispute with us or another user, Agent or Originating Website in connection with the Service, you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible).
  20. Notices

    1. We will send you notices and other correspondence to the details that you submit to the Service, or that you notify us of from time-to-time. It is your responsibility to notify us of any updated contact details as they change.
    2. E-mail notice from us to you is effective notice under these Terms.
  21. General

    1. You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.
    2. The relationship between us and you under any agreement arising from these Terms does not form a joint venture or partnership.
    3. No relationship clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
    4. Any agreement arising under these Terms will be governed by the laws of the state set out in the definition of Company. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction there.
    5. Any clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
    6. Any agreement arising from these Terms is part of an ecommerce transaction and the parties agree that the agreement shall be accepted electronically and the agreement formed & validly entered into electronically in accordance with the Electronic Transactions Act 1999 (Cth).
    7. The termination of any agreement arising from these Terms does not affect the parties’ rights in respect of periods before the termination of this agreement.
    8. These Terms, together with the Contract, and Real Estate Booking’s Privacy Policy constitute the entire agreement between the parties with respect to the use of the Services, and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns.