These terms and conditions apply to the listing of properties for sale or rent and businesses for sale on the Site. These terms and conditions were last amended on October 2018.
1.1 An Agreement commences when we accept a Contract from you requesting that Listings appear on the Site (Commencement Date) and continues until terminated in accordance with clause 3.3 or clause 12. To the extent of any inconsistency between a Contract, an Addendum and these terms and conditions, the Contract prevails, followed by the Addendum and finally these terms and conditions.
2.1 Effective on the Commencement Date, we and you terminate any prior agreements and arrangements between us in connection with the matters set out in this Agreement.
3.1 You must pay to us the Monthly Fee and any other amounts specified on the Contract when due and payable.
3.2 We may vary the Monthly Fee and any other fees at any time by giving you at least 30 days written notice (“Fee Increase Notice”). The new fee will be payable on and from the end of the notice period.
3.3 If you do not accept the new Monthly Fee or other fee (including during the Contract Period) specified in the Fee Increase Notice, you may terminate this Agreement by giving us written notice before the end of the notice period in the Fee Increase Notice. We may then remove all your Listings from the Site.
4.1 You are responsible for uploading, removing and maintaining Listings on the Site. You may contact us for technical support as required.
4.2 If a Status Change occurs in relation to a Listing, you must remove it in accordance with the Rules.
4.3 Following a written request by you (a request by email is acceptable), we may agree to upload Listings onto the Site, and remove them upon a Status Change, on your behalf. We will use our best endeavours to deliver these services within 5 Business Days of the request being made and in relation to uploading a Listing, your request must comply with clause 4.4. We are not obliged to upload or remove a Listing on your request where:
(1) the Listing does not comply with clause 4.4 or is not in the form required by us; or
(2) you are in breach of this Agreement or any other agreement you have with us.
4.4 You are responsible for all your Listings (including any errors in it) and must ensure that each Listing:
(1) contains accurate and complete information that fully complies with the Rules;
(2) complies with all laws;
(3) is not offensive, defamatory, misleading or deceptive, or uploaded to the Site for a purpose not related to this Agreement or the Site;
(4) does not breach any third party’s Intellectual Property rights; and
(5) does not, without our prior written consent, include any advertisements or promotions.
4.5 We are not obliged to monitor or censor your Listings. However, we may remove or alter any Listing from the Site without notice to you, if:
(1) we consider that it does not comply with this Agreement;
(2) we consider that it is reasonably necessary to do so;
(3) you are in breach of this Agreement or any other agreement you have with us; or
(4) it is an aged listing exceeding the following terms:
5.1 You must upload all properties or businesses that you manage to the Site as soon as reasonably practicable after each property or business is available for sale or rent and the relevant information required under these Rules is available to you.
(1) We reserve the right to Feature any unused Listing credits on the last day of each month. These credits will be allocated to the most recent uploaded property listings.
5.2 If a Status Change occurs in relation to any property or business in a Listing, you must:
(1) update the relevant Listing accordingly by amending the Listing to show the Status Change or remove the Listing if the property or business is no longer available for sale or rent;
(2) in relation to properties, notify us as soon as reasonably practicable and as relevant, the amended rental price or sale price (except where the owner of the relevant property has specifically asked for non-disclosure of the sale price), whether sold at or before auction or passed in, the reserve price and other information required from time to time by us; and
(3) not amend or remove the description, photos or any other information that was included in the Listing immediately prior to the Status Change.
5.3 Each Listing must include the information required in the mandatory fields in the electronic form used to upload a Listing to the Site and comply with our other reasonable requirements from time to time.
5.4 Images uploaded to the Site in connection with a Listing are not permitted to contain any watermark, logo or any other mark or stamp identifying your or a third party’s business.
5.5 In relation to www.realestateview.com.au, the Monthly Fee is restricted to Listings of the branch office nominated in the Contract only. You must not upload properties of other branch offices to the Site under this Agreement. If you want to list such other listings you must pay a separate Monthly Fee and enter into a separate Agreement for each branch office.
5.6 We have the absolute discretion to decide the format in which the Listings will be published on the Site including the size and appearance of your business name, contact details, trademarks, logos and designs. Agent contact details and branding must only be placed in the areas provided. The placement of agent contact details or branding in other parts of the Listings such as text descriptions, addresses or images may result in the offending Listings being removed or edited at your expense.
5.7 You must promptly comply with any reasonable request from us to change the format of the Listings to maintain currency and integrity of the Site.
5.8 You must not remove or cause to be removed your Listings from the Site (other than in accordance with clause 5.2) without our written consent.
5.9 You must comply with any of our requirements regarding the use and/or cessation of use of our Intellectual Property.
5.10 You must continually maintain a mandatory hyperlink from your own website to the Site and use your best endeavours wherever possible to promote, market and otherwise co-brand the Site.
6.1 We (or our nominee) will maintain a database of Listing Information and may exploit for our (or our nominee’s) benefit, subject to clause 11, all Intellectual Property in the Listing Information.
6.2 You irrevocably and unconditionally grant us (or our nominee) an exclusive, worldwide, royalty free, perpetual licence to use (in any way, including modifying and recompiling the data), and sub-licence others to use, the Listing Information, as and when the Listing Information is provided or made available to us.
7.1 You must:
(1) comply with all our reasonable requests relating to this Agreement and the appearance of your Listings on the Site;
(2) ensure that any password, pass-code or other identifier provided by us to you relating to the Site or this Agreement is kept secure and protected from unauthorised access or use;
(3) comply with the Rules and any reasonable changes thereof on 7 days written notice to you;
(4) not bring the Site into disrepute; and
(5) not promote on the Site any website that directly competes with the Site.
7.2 You warrant that you are:
(1) in relation to properties, a licensed real estate agent as defined in section 4 of the Estate Agents Act 1980 (Vic) or are otherwise properly licensed in the relevant jurisdiction from which you conduct your business; and
(2) authorised by the owners of the properties or businesses referred to, and Intellectual Property contained, in the Listings to publish or cause to be published the Listings (including any images) on the Site.
8.1 To the maximum extent permitted by law, and subject to clause 8.2, we exclude all statutory or implied conditions and warranties, representations, terms, undertakings and guarantees in respect of Services.
8.2 To the extent that any condition or warranty in respect of the Services cannot legally be excluded, our maximum liability to you is limited to (at our election) supplying the Services again, or paying the cost of having the Services supplied again, and in no circumstance shall it exceed the total amount paid by you to us under this Agreement.
8.3 Other than as explicitly provided for by this Agreement, we have no liability (including liability arising out of negligence) to you or any other person for any loss or damage however suffered or incurred in relation to:
(1) the Services;
(2) operational failure or unavailability of the Site;
(3) any delay, failure or error outside our reasonable control;
(4) any contamination of, or defect in, your Listings or system introduced by virus, latent defect, human or other error;
(5) your reliance on any material contained on, or accessed through, the Site; or
(6) any delay or failure in uploading your Listings onto the Site.
8.4 Neither party shall be liable to the other for any consequential, special or indirect loss or damage.
9.1 You indemnify us and our related entities (as defined in the Corporations Act 2001 (Cth)) and all of our and their respective employees, officers and agents against all losses, liabilities, damages, expenses and costs (including legal costs) incurred or suffered by us or them in connection with any:
(1) breach by you of your obligations and warranties provided under this Agreement;
(2) act, omission, misconduct or negligence of you in connection with this Agreement or the Site;
(3) claim brought by or on behalf of any third party relating to an act or omission by you relating to your Listings, including claims in relation to infringement of any Intellectual Property rights; or
(4) breach by you of the Privacy Act
10.1 Other than as required by law, you must not at any time during and after the end of this Agreement:
(1) disclose any Confidential Information to any person other than as permitted under this Agreement; and
(2) use or disclose any part of the Confidential Information.
10.2 You must:
(1) ensure that any person who receives or has access to Confidential Information does so for a purpose reasonably connected with this Agreement or the Site and observes all your obligations and undertakings contained in this clause; and
(2) implement proper systems and procedures as may be necessary and as are reasonably required by us to maintain the confidentiality of the Confidential Information.
(1) acknowledge that, while providing Services to you, we may collect, hold use and disclose Personal Information about you and the owners of the properties or businesses the subject of Listings;
(2) agree that we may use such Personal Information to provide Services to you and otherwise do business with you;
(3) acknowledge that if such Personal Information is not provided to us, we may not be able to provide Services to you or otherwise do business with you;
(4) agree that we may disclose such Personal Information to our Related Bodies Corporate, contractors, agents or third party technology service providers (some of which may be located overseas); and
11.2 You warrant that you will comply with the Privacy Act to the extent that it applies to you and your dealings with your customers’ Personal Information including in supplying such information to us or the Site, in connection with this Agreement.
12.1 We may terminate this Agreement on 30 days’ written notice to you before the end of the Contract Period on any reasonable ground, including, if a Product is terminated or there is a change in law affecting our business or any Product. If we do so, you will not be liable for Monthly Fees from the end of the notice period until the end of the Contract Period that would otherwise have become due but for termination. We may remove your Listings from the Site at the end of the notice period.
12.2 At the end of the Contract Period, this Agreement will continue monthly until either party gives the other party 30 days’ written notice of termination.
12.3 If you give us notice to terminate this Agreement under clause 12.2, in addition to any amounts that have accrued up until the date of your notice, you are also liable to us for the Monthly Fees to become due for:
(1) any remaining part of the month in which you give us notice; and
(2) the whole of the next month (Final Month).
12.4 At (or as close to, as reasonably practicable) the start of the next calendar month after you give us notice to terminate, we will issue you a tax invoice for amounts owing until expiry of the notice period (Provisional Final Invoice). If you use any other Products or any other amounts become during the Final Month which were not included in the Provisional Final Invoice, we will issue you a further tax invoice for amounts owing for using those Products.
12.5 We may immediately terminate this Agreement on written notice to you if:
(1) you commit any breach of this Agreement which is not rectifiable;
(2) you fail to rectify a breach of this Agreement within 7 days of receiving a written notice from us specifying the breach and requiring you to rectify it;
(3) an Adverse Event occurs; or
(4) any of your Listings are defamatory, breach any law or are false or misleading.
12.6 If this Agreement is terminated under clause 12.5, we may immediately remove all your Listings from the Site and
(1) if termination is within the Contract Period, all amounts owing at the date of termination and any amounts that would have become due until the end of the Contract Period are immediately due and payable; or
(2) if termination is not within the Contract Period, all amounts owing at the date of termination are immediately due and payable.
13.1 In this clause, words or expressions which have a meaning in the GST law (as defined in the GST Act and any related law) have the same meaning, unless the context otherwise requires.
13.2 If GST is imposed on any supply made by us to you under or in accordance with this Agreement, in addition to the amount payable by you for the supply increases by the amount of the GST at the prevailing rate.
13.3 A party’s right to payment under this agreement for any taxable supply is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.
14.1 A notice, consent, information or request that must or may be given or made to a party under this Agreement is only given or made if it is:
(1) delivered or posted to that party at the address referred to in the Contract; or
(2) emailed to that party at the email address referred to in the Contract.
14.2 If a party gives another party 3 Business Days written notice of a change of any address, a notice, consent, information or request is only given to the first party if it is delivered, posted or emailed to the new address.
15.1 We are not obliged to personally provide the Services, or exercise our rights, under this Agreement and may appoint third parties to act on our behalf.
15.2 Each obligation or right, which expressly survives or can survive the end of this Agreement, continues in force despite the end of this Agreement for any reason.
15.3 We may set off against any payment due to you by us, any unpaid debt you have to us.
15.4 The obligations of either party (other than the obligation to pay money) is suspended during the time and to the extent that the party is prevented from complying with them by force majeure or an event outside of its reasonable control.
15.5 You cannot assign this Agreement except with our prior written consent (in our sole discretion). We may assign or otherwise deal with this Agreement on written notice to you.
15.6 Each party must promptly at its own cost do all things (including executing documents) necessary or desirable to give full effect to this Agreement.
15.7 If any provision in this Agreement is unenforceable, illegal or void, then that provision is severed and the rest of this Agreement remains in force.
15.8 This Agreement is the entire agreement and understanding between the parties on everything connected with its subject matter and supersedes any prior agreement or understanding connected with that subject matter.
15.9 This Agreement does not create a partnership, agency, fiduciary or any other relationship, except the relationship of contracting parties, between the parties.
15.10 You have entered into this Agreement without relying on any representation by us or other person purporting to represent us.
15.11 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
15.12 The laws of the State of Victoria govern this Agreement. The parties submit to the non–exclusive jurisdiction of the courts of Victoria and courts of appeal therefrom.
16.1 In this Agreement, the following expressions have the following meaning:
(1) Adverse Event means any of the following events:
(a) anything that reasonably indicates that there is a significant risk that that you are or will become unable to pay your debts as they fall due. This includes execution or distress being levied against any of your income or assets; a meeting of your creditors being called or held; a floating charge becoming fixed, or a security interest becoming enforceable or being enforced in relation to any of your assets or undertakings; a step being taken to make you bankrupt or to wind you up; you entering into any type of arrangement with, or assignment for the benefit of, all or any class of your creditors; and you being made subject to a deed of company arrangement;
(b) a step being taken to have a receiver, receiver and manager, controller, liquidator or provisional liquidator appointed to you or any of your assets; or
(c) you cease, or indicate that you are about to cease, carrying on business;
(2) Agreement means the agreement between you and us comprising the Contract, these terms and conditions and any Addenda;
(3) Business Day means any day (except any Saturday, Sunday and public holiday) on which banks are open for general banking business in Victoria, Australia;
(4) Confidential Information means:
(a) the terms of this Agreement;
(b) all business and financial information relating to us or our Related Bodies Corporate;
(c) all trade secrets, processes, procedures, marketing strategies, market research, information concerning product development, know how, systems, computer programs, models, databases, any modifications to such things and all other information which, by its nature places or potentially places us or our Related Bodies Corporate at an advantage over our present or future business competitors;
(d) any information of ours which is marked “confidential”; and
(e) any information that you know or ought to reasonably know is confidential, and any other information that would at law be considered secret or confidential information of ours or our Related Bodies Corporate;
but does not include information which:
(f) at the time of disclosure by us to you is already in the public domain; or
(g) after disclosure by us to you becomes part of the public domain otherwise than by disclosure in breach of the terms of this Agreement or other obligations of confidentiality owed to us;
(5) Contract means the document signed by you setting out the terms of your request to us to permit you to upload Listings to the Site and to subscribe to certain Products;
(6) Contract Period means the initial minimum term of this Agreement set out in the Contract;
(7) Intellectual Property means all intellectual and industrial property, including trade secrets or confidential information, copyright, moral rights, designs, know-how, processing formula, marketing, advertising and technical information, trademarks and patents, in each case whether or not existing at the date of this Agreement and whether or not registered or registrable, including all goodwill attached to or associated with them;
(8) Listing Information means all data, information and images included in your Listings or otherwise provided to us under this Agreement, including Status Changes;
(9) Listings means any data or information relating to:
(a) properties for sale or rent; or
(b) businesses for sale,
which you have been engaged to manage and are uploaded by you, or us at your request, to the Site;
(10) Monthly Fee means the fee payable by you for Services as set out in the Contract;
(11) Personal Information has the meaning given to it in the Privacy Act;
(12) Privacy Act means the Privacy Act 1988 (Cth);
(13) Product means, in relation to any Listing, the items or features which you wish to use set out in a Contract and any other items or features which you use from time to time, the terms of which may be set out in an Addendum;
(14) Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth);
(15) Rules means the Listing rules set out in clause 5;
(16) Services means any service or Product supplied under this Agreement or in relation to the Site;
(17) Site means www.realestateview.com.au, www.businessesview.com.au, www.ruralview.com.au, www.holidayview.com.au and any other website published by us, as the context requires, as amended or replaced from time to time; and
(18) Status Change means as the context requires:
(a) the successful sale or rental of a property or business; or
(b) a property or business no longer being available for sale or rental;
(19) We, us and our are references to realestateview.com.au Limited ABN 34 088 369 395 of 405 Riversdale Rd, Hawthorn East VIC 3123; and
(20) You and your is a reference to the agent listed in the Contract.
16.2 In this Agreement, a reference to:
(1) the singular includes the plural and the plural includes the singular;
(2) a person includes a body corporate;
(3) a party includes the party’s employees, officers, agents, executors, administrators, successors and permitted assigns;
(4) a thing includes the whole and each part of it separately;
(5) a document means that document as amended or replaced from time to time;
(6) a statute, regulation, code or other law or a provision of any of them includes:
(a) any amendment or replacement of it; and
(b) another regulation or statutory instrument made under it,
each as amended or replaced from time to time; and
(7) dollars means Australian dollars.
16.3 “Including” and similar expressions are not words of limitation.
16.4 Where a word or expression is given a meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
16.5 Headings are for convenience only and do not form part of this Agreement or affect its interpretation.
16.6 A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision in this Agreement.
16.7 If an act must be done on a day which is not a Business Day, it must be done on the next Business Day.
16.8 If a party consists of more than one person, this Agreement binds each of them separately and any 2 or more of them jointly. An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly. A party which is a trustee is bound both personally and in its capacity as a trustee.
These terms and conditions apply to your listing on the Business Broker Directory of www.businessesview.com.au.
1.1. Subject to you paying us the Monthly Fee and any other amounts specified on the Contract when due and payable for the listing of businesses for sale, we may make your business, contact and other information available in the directory of Business Brokers on www.businessesview.com.au for public viewing.
1.2 We may at any time, charge fees for the Broker Directory Listing service, upon giving you reasonable written notice and the opportunity to remove your Broker Information from the Business Broker Directory before any fees are incurred.
2.1 You may make your Broker Directory Listing at any time after the start of the Agreement and after we have opened your account.
3.1 You are responsible for uploading, removing and maintaining your Broker Directory Listing on the Site. You may contact us for technical support as required.
3.2 You are responsible for your Broker Directory Listing (including any errors in it) and must ensure that it:
(1) contains accurate and complete information that fully complies with the Agreement (including this Addendum);
(2) complies with all laws;
(3) is not offensive, defamatory, misleading or deceptive, or uploaded to the Site for a purpose not related to the Agreement (including this Addendum) or the Site;
(4) does not breach any third party’s Intellectual Property rights; and
(5) does not, without our prior written consent, include any advertisements or promotions.
3.3 We are not obliged to monitor or censor your Broker Directory Listing. However, we may remove your Broker Directory Listing from the Site or alter it without notice to you, if:
(1) we consider that it does not comply with the Agreement;
(2) we consider that it is reasonably necessary to do so; or
(3) you are in breach of this Agreement or any other agreement you have with us.
4.1 You warrant that you have obtained any relevant licence, qualification or authority to carry on business as a Business Broker and to make your Broker Directory Listing.
5.1 We may terminate this Addendum on 30 days’ written notice to you if we cease providing the Business Broker Directory.
5.2 We may remove your Broker Directory Listing as soon as you no longer have any business listed for sale on the Site or your account is closed.
6.1 In this Addendum:
(1) except as defined below, a capitalised word has the meaning given to it in the Listing Terms and Conditions;
(2) Broker Directory Listing means any Broker Information uploaded by you, or us at your request, to the Business Broker Directory; and
(3) Broker Information means all data, information and images relating to your business as a Business Broker, including your business, contact and other information; and
(4) Business Broker means where you are an agent appointed to advertise, manage or facilitate the sale of a business.
These terms and conditions apply to the “Data Feed” Product under which we will upload your Listings to Third Party Sites on your behalf.
1.1 You must pay us the relevant fees specified on the Contract if you require a Data Feed. We may at any time, subject to clause 4, also charge fees for Data Matching upon giving you reasonable written notice.
2.1 Subject to clause 2.2, we will use our best endeavours to commence the Data Feed within 5 Business Days of the Listing being uploaded to the Site:
(1) if Data Feed is included in the initial Contract, at the Commencement Date; or
(2) if Data Feed is subsequently requested at any time after the Commencement Date, then no later than 30 days after we receive your written request to commence the Data Feed.
2.2 We are not obliged to attempt to upload Listings to any Third Party Site where:
(1) the data is not in the form required by us;
(2) any required Third Party Agreement has not been executed, or we do not have the authority to upload the Listing to the Third Party Site; or
(3) you are in breach of the Agreement, or any other agreement you have with us.
2.3 Once a Listing has been uploaded to a Third Party Site, you are responsible for all correspondence with the Third Party Operator regarding the Listing. We are not obliged to respond to any Third Party Operator on your behalf but will use our reasonable endeavours to pass on any correspondence received.
2.4 You must, within the period required by the Listing Terms and Conditions or such lesser period as is required for compliance with any Third Party Terms, notify us in writing that a property that is the subject of a Listing has been sold, rented or removed from the market (as applicable). We will then instruct the relevant Third Party Operator to remove or amend the Listing from the relevant Third Party Site.
3.1 You warrant that you will procure consent or authority from the relevant Third Party Operator for us to provide a Data Feed, including, where relevant:
(1) comply with all relevant Third Party Agreements, notices and authorities;
(2) execute any document required by a Third Party Operator; and
(3) pay any Third Party Fee when due and payable.
3.2 You are liable if any Third Party Fee applies and must pay the Third Party Fee on our behalf, or immediately on demand, reimburse us for any Third Party Fee paid by us.
4.1 We may, at our discretion, undertake Data Matching as an initial service upon request by you, in respect of all Listings on the Site.
4.2 We will use our best endeavours to provide Data Matching within 5 Business Days of the Commencement Date or other date agreed between you and us.
5.1 You agree:
(1) to comply with any of our reasonable requests relating to this Addendum;
(2) that you are responsible for ensuring that your Listings comply with any requirement of a Third Party Agreement; and
(3) that we may disclose any Personal Information that you provide to us (including your Personal Information and the Personal Information of your officers, employees, contractors, customers or clients) to Third Party Operators.
5.2 You acknowledge that Third Party Operators may collect, hold, use and disclose such Personal Information in accordance with their own privacy collection statements and privacy policies (the terms of which you are responsible for procuring and accepting).
6.1 Without limiting clause 8.3 of the Listing Terms and Conditions, the following heads of liability are also excluded from our liability under clause 8.3 of the Listing Terms and Conditions:
(1) any act or omission of a Third Party Operator;
(2) any operational failure or unavailability of a Third Party Site;
(4) any contamination, defect, virus, latent defect, human or other error caused by a Third Party Site; or
(5) any delay or failure in uploading Listings to a Third Party Site.
7.1 Without limiting clause 9 of the Listing Terms and Conditions, the following heads of liability are also included under the indemnity in clause 9 of the Listing Terms and Conditions:
(1) act, omission, misconduct or negligence of any Third Party Operator in connection with this Addendum, any Third Party Listing or any claim in relation to breach of privacy; and
(2) claim brought by or on behalf of any Third Party Operator.
8.1 We may terminate this Addendum on 30 days’ written notice to you, and cease providing the Product under this Addendum if it is no longer possible to provide Third Party Listings.
8.2 If you give us written notice to cease the Data Feed, we will do so no later than 30 days after we receive your notice.
9.1 In this Addendum:
(1) except as defined below, a capitalised word has the meaning given to it in the Listing Terms and Conditions;
(2) Data Feed means the Product where we upload Listings to a Third Party Site on your behalf;
(3) Data Matching means the service where we ensure Listings are correctly linked between our site and the Third Party site before uploading the listings;
(4) Third Party Listing means any of your listings on a Third Party Site;
(5) Third Party Listing Agreement means an agreement between a Third Party Operator and you setting out the terms of your right to make a Third Party Listing;
(6) Third Party Fee means any fee, levy, tax or other cost payable by you to a Third Party Operator in relation to uploading of Third Party Listings;
(7) Third Party Operator means a party that owns or operates a Third Party Site; and
(8) Third Party Site means a website owned or operated by a third party, indicated in the Contract or as notified by you in writing from time to time.