Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Welcome to our website. These Terms of Use ("Terms") apply to all Subscribers to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well our Privacy Policy posted on our website from time to time. If you do not agree to these Terms, you may not use the Services.

DEFINITIONS

"Service" or "Services" means the services, software and/or products made available to upload, list and advertise properties for sale or rent and other services that may be available on or through the website from time to time "Subscriber", "You", "you" means the subscriber to the Services of this website "Subscription" means the various subscription plans offered for use of the Services "The website" means realestatetube.com "We", "our" and "us" means realestatetube.com, Real Estate Tube Pty Ltd ACN 162 292 866 and Property Tube Pty Ltd ACN 601 828 166 including all employees, contractors, affiliates, agents, and partners

FEES AND SUBSCRIPTIONS

You first need to fill in your registration details that are required in the online form to gain access and set up an account. You agree to provide current, complete and accurate information and will ensure it is kept up-to-date at all times. You must register and pay your listing fee in advance in order to advertise your business on our website and any associated services. When you sign up for a Subscription, the Subscription fee ("Fee") will be automatically deducted from your nominated payment method unless you or we cancel the subscription in accordance with the below Cancellation terms.

AGREEMENT FOR SERVICES

To be eligible to subscribe to and use our Services, you acknowledge and agree to the following:

• You will not share your password or login details with any other person and you will keep your contact, payment and other information updated. You will immediately let us know if any third party has accessed your password, login or account details;
• We are providing you with a Subscription to use our copyrighted information and Services in accordance with these Terms and license only. You are not permitted to share, copy, reproduce, use or make a derivative of all or any part of the Services or any information we provide to you at any time unless expressly permitted in writing. Any other use is strictly prohibited;
• You are only permitted to use the Services in accordance with these Terms and for the purposes for which it was intended and designed. You agree to use the Services in good faith and not for any other purpose and will only post real estate property which is residential or commercial for sale or lease;
• If you let your subscription lapse; do not use the Services over a long period of time and do not notify us of any cancellation; or do not make the necessary payments required by the terms of your Subscription, we may terminate your Subscription in accordance with the below Cancellation and Termination terms;
• All listings and advertisements may be used in any of our marketing, advertising and promotional material. You acknowledge and agree that your content may be used for this purpose including but not limited to all social media and other online media outlets.
• Any recommendations, comments or posts (together "Posts") you may make to our website in any form will abide by our Terms. You agree you will only make correct, accurate and in good faith Posts. We will not condone bad language nor will we permit false claims, defamation, fraud, collusion, the false promotion or bad faith comments of any Advertiser. We can at any time, in our sole discretion, remove any Post and cancel your Subscription under the Cancellation and Termination clause. We will also take action, where required, against any Subscriber that does not abide by our Terms in relation to Posts, where action is taken against us by any Advertiser or third party as a result of your Post or where we have reason to believe you may have induced a third party to make a Post which breaches these Terms. By making any Post, you agree to indemnify us for any and all actions, claims and liability directly or indirectly in relation to any Post you make.

By using our Services, You at all times warrant the following:

• You own all content, images, videos, photographs and other material (together the "Material") that you post in our website;
• No Material you are advertising or posting will breach any third party rights, law or regulations, including but not limited to intellectual property, ownership, or other legal rights
• You have the right and title to post and advertise the Material;
• The Material you are posting is accurate and not misleading, is not inappropriate; is not materially incorrect or otherwise unlawful, and is in the manner and spirit of our website. You are solely responsible for any errors or omissions in your listing;
• Any Material you post is not corrupt, containing a virus or is otherwise disabling or has the potential to affect our website;
• You will not post or advertise your own business, listings other than real estate, incorrect or inaccurate photos, images or listings, duplicate listings, unauthorised listings or real estate which has already been sold, leased or is otherwise unavailable;
• You agree to indemnify us against any and all loss, liability, claims or damage we may incur as a result of or arising out of your use of our website and Services, including costs of litigation and defending any claim; and
• You will immediately remove your property listing from the website as soon as it becomes unavailable. For this purposes of this clause, ‘unavailable’ includes if the property has been sold, under offer, under contract, the sale has been settled, it has been rented or a lease has been signed. You are breaching these Terms if you do not remove the property within 48 hours of the property becoming ‘unavailable’. If you have any difficulties removing the property listing, please contact our support team at: support@realestatetube.com

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. All our third party vendors have use the same or a higher level of secure storage as required by the Australian Privacy legislation. You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

PAYMENT AND REFUNDS

Credit Card Payments: By agreeing to use our Services and providing us with your credit card details, you are authorising payment for the Services for your Subscription. In the event you have chosen a Subscription model where payments are to be made on a recurring basis (such as instalments), you hereby authorise such payments to be deducted until the full payment has been made in accordance with these Terms. Refunds: If you are unhappy with the Services, the property becomes unavailable or for any other reason, we will gladly refund your subscription Fees within 48 hours of your advertisement becoming published provided that there have been no clicks or enquiries. Any other refund after this time is not permitted. There will be no refunds or credits for Fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

RESTRICTIONS AND USE OF THE SERVICES

After creation of your Subscription and account, you will be provided with access to our Services. You are only licensed to use our uploading software and Services for the purposes agreed in these Terms, intended on the website and not for any other purpose. We are not responsible for any loss or damage that may occur with any download links, upload of documents, or access to any of our Services. You need to ensure you use a reliable source to access our website and whilst we take all reasonable precautions, we do not accept responsibility for any unauthorised access or alteration to transmission, data or information that may occur on your computer systems or on our website. You will use the Services solely for your own use, and will not
(i) use the Services outside of the scope of the license granted hereunder;
(ii) send or store infringing or otherwise unlawful or tortuous material, including material that violates third party privacy rights; and/or
(iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs. You will comply with all applicable laws and regulations in your use of and access to the Services

INTELLECTUAL PROPERTY AND MORAL RIGHTS

You agree to provide information including Intellectual Property to us to enable us to provide the Services. To the extent that the Material you add or upload to the website may be proprietary in nature, you:
(a) warrant that you have all necessary rights, licences and consents to use, authorise and provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
(b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Real Estate Tube Pty ltd and Property Tube Pty Ltd. We expressly reserve all copyright and trademark in our website, products and services including but not limited to all documents and information that may be provided via our Services. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You are solely responsible for obtaining written permission before re-using, altering, sharing or otherwise redistributing any copyrighted material that is available on or through this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We reserve the right to take action against you if you breach any of these terms.

CANCELLATION AND TERMINATION

To Cancel Your Subscription: You are solely responsible for cancelling your Subscription. You must cancel using the method nominated in user settings on the website and in accordance with the relevant Subscription Terms. There is no refund available for any Subscription Fees or any Subscription months which may not have been used. We normally keep Subscriber data for 12 months after a Subscriber cancels their Subscription or it terminates. Should you require retrieval of this information, we charge an administration fee to cover the cost of such retrieval. We are not, however, responsible for any loss of or destruction of such Subscriber data or reports after any cancellation or termination of your Subscription, should any Subscriber data or reports be destroyed inadvertently. We May Terminate Your Subscription At Any Time: We have the right to terminate your Subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website and Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and any illegal activity may be referred to the appropriate law enforcement authorities. Upon such termination, regardless of the reasons, your right to use the website and Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension including loss of any files, information or data. If you have posted or listed anything that is not within the spirit or Terms of our website including but not limited to cars, boats, caravans, or other goods or services which are not permitted, we will remove this listing and advertisement and you will be liable for all costs and listing fees associated or that may be incurred. We are not required to provide any refund or part thereof to you for such termination of your Subscription. Any refund may be determined in our sole discretion and we, at all times, comply with Australian Consumer Law in relation to the provision of our Services.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that realestatetube.com is not legally responsible for any loss or damage you might suffer related to your use of the website or our Services, whether from errors or from omissions in our information, any goods or Services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. In particular, you agree and acknowledge that we are not liable to you or any third party for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, Services or any information contained on it or linked to it. This includes, but is not limited to, any loss or damage including loss of profits, revenue, reputation, data in any way connected to your use of our Services or as a result of downloading any of software, links, uploading of information, any reliance on the information on the website, access to or inability to use the website. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us. In any case, our liability to you will not exceed the amount actually paid by you to us in the preceding twelve (12) month period.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), realestatetube.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the Services; or the payment of the cost of having the Services supplied to you again. You must be over eighteen (18) years of age to use this website and to use or purchase any of our Services.

USE OF WEBSITE AND SERVICES

We make no warranty that the website and Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website and our Services are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period. You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter, update or amend any Services or the website. In particular, if we believe the Service requires technical updates, to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify the Services at any time without notice. We will endeavour to highlight any significant or substantive changes where possible. We shall not be liable to you or any third party for any modification when it is required. If you choose to use our website and Services then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and our rights and obligations to each other.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and realestatetube.com’s rights and obligations to each other.

YOUR PRIVACY

At realestatetube.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere at all times to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and Services but not for any other use.

EXCLUSION OF COMPETITORS

If you are in the business of offering similar goods or services for the purpose of providing them for a fee to users, whether they are business users or domestic users, then you are a competitor of realestatetube.com. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website, use our Services or obtain any related documents or information through a third party. If you breach this term then realestatetube.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. realestatetube.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

WHOLE AGREEMENT

These Terms represent the whole agreement between you and realestatetube.com concerning your use and access to our website and your use and access to the Services and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.

JURISDICTION

This agreement, these Terms and this website are subject to the laws of Victoria. If there is a dispute between you and realestatetube.com that results in litigation then you agree to submit to the jurisdiction of the courts of Victoria.