Terms and Conditions for Users of REALETSITE’s Services
These terms and conditions (Agreement) govern the relationship between all registered users and A.K. Bichani & S Bichani trading as REALETSITE ABN (ABN 92 801 461 553) (REALETSITE). If you are registering on behalf of a company, you warrant that you have authority to enter into the Agreement on behalf of the company and bind the company to the terms of this Agreement. References to “you”, “your” or similar will be references to the company you represent or, if you are an individual, to you as an individual. You must not register for another individual.
You must read the Agreement carefully before you complete your registration and contact REALETSITE if you have any questions. By completing the registration, you agree to be bound by the terms of this Agreement.
1. Use of the REALETSITE website
1.1 REALETSITE provides the groups of people referred to in clauses 1.2 to 1.6 the opportunity to register with REALETSITE and advertise on its website at www.realetsite.com.au (REALETSITE website).
1.2 Real estate agents, builders and developers – can advertise their residential and commercial properties for rent and sale including advertising these properties, via banner ads.
1.3 Other real estate related businesses – these include lenders/brokers, conveyancers/solicitors, auctioneers, valuers, building/pest inspectors and photographers who can make their contact details available to potential customers and place banner ads. These other real estate related businesses must not list properties.
1.4 The registered users referred to in clauses 1.2 and 1.3 (Professional Users) must provide to REALETSITE proof their user status including through the provision of the relevant licence, ABN or ACN, and/or a letter of authority from their company to register on the company’s behalf.
1.5 Private users – can obtain alerts of property listings and list their own residential and commercial properties for sale or rent. Private users must provide to REALETSITE proof of their property ownership including land title certificate or most recent council rates notice or water rates bill for the relevant property and in the private user’s name.
1.6 Advertisers – advertisers who wish to place banner ads on REALETSITE website can register with REALETSITE to place banner ads only. Only those contact details in the banner ad will be publicly available from the REALETSITE website. Advertisers must provide to REALETSITE proof of their user status including business name, ABN or ACN, and/or a letter of authority from their company to register on the company’s behalf.
1.7 Members of the general public will be able to browse listed properties and banner ads and contact advertisers directly. Members of the general public are not required to register with REALETSITE.
1.8 REALETSITE does not enter into any agreement for you or on your behalf as a result of your use of the REALETSITE website.
1.9 REALETSITE reserves the right to suspend your account, including your ability to add new listings or banner ads, or remove any advertisements, if you are in breach of any term of this agreement including the provision of proof of user status as referred to in clauses 1.4, 1.5 and 1.6.
2.1 In order to make use of the REALETSITE website, you must register and create an account with REALETSITE and agree to pay the applicable fee (Fee).
2.2 If you are a business or company, we may help you to create an account with publicly available details and provide the account details for you to complete full account profile. This is subject to either verbal or written consent from you.
2.4 Once you are registered and the Fee paid, depending on what type of registered user you are, you will be able to upload listings for properties, post banner ads, upload details of you and your staff, upload details of the services you offer and/or request alerts for new listings.
2.5 REALETSITE may, in its sole discretion, refuse to register an account for any reason and will incur no liability or be responsible for any loss or damage to you no matter how it arises.
3.1 The Fee must be paid at the time of listing a property or placing a banner ad via PayPal or such other payment method offered by REALETSITE or by using credits you have purchased as referred to in clause 3.2.
3.2 You may choose to purchase single or multiple credits and will be able to use these at the time you place your ad on the REALETSITE website. If you have purchased multiple listing credits (e.g. 10 pack) in one transaction we may refund you on unused listing credits left on your account if the claim for a refund was made within 30 days from the date of purchase.
3.3 You may only claim a refund for a banner ad before it becomes visible on the REALETSITE website and if your claim is made a minimum of 3 business days before the banner ad becomes live on the REALETSITE website. All enquiries for refunds should be sent to email@example.com.
3.4 REALETSITE reserves the right to change the Fee, for any of the services offered, once in every 12 month period during the term of this Agreement and will give one month’s notice before such change takes effect. Please check the REALETSITE website to stay informed of current Fees.
3.5 You are not entitled to the reimbursement of the Fee, or any part of it, once paid and your ad becomes live on REALETSITE website, if you terminate this Agreement for whatever reason.
4. Professional Users
4.1 Professional Users agree that once registered, their contact details including staff names and telephone numbers, will be publicly available from the REALETSITE website.
4.2 Professional Users will be able to pay an additional amount to upgrade their business details so that they are available in other areas in Australia.
5. Advertising on the REALETSITE website
5.1 Automatic listing feeds to the REALETSITE website are not available at this stage.
5.2 You will need to manually upload all ads on to the REALETSITE website and either pay the applicable Fee or use any credits you have purchased. Get all the advertisement, property details and description ready and saved on a word processor or similar program. Leaving the advertisement and property listing page prior to submit will clear all the data entered.
5.3 It may take up to 3 business days from receipt of the documents referred to in clauses 1.4 to 1.6 for REALETSITE to approve your user status. Any ad you place on the REALETSITE website will not be made public until REALETSITE has approved your user status.
5.4 When you first register to use the REALETSITE website, you may be offered a free trial(s). Apart from payment of the Fee, all other terms and conditions in this agreement will apply.
5.5 Each property listing is to be used for one property or property containing multiple dwellings/subdivisions in a suburb to the listing’s maximum duration, including paused or offline duration, unless sold/leased earlier. Every standard listing is for 180 days unless the property is marked as sold/leased/withdrawn before this period ends. If the property has not been sold/leased/withdrawn by the end of the 180 day period, you will need to extend or renew your listing and pay the Fee or use credits.
5.6 Standard listings can be upgraded to featured listings. Featured listings last for 30 days unless the property is sold/leased/withdrawn before this period ends. Featured listings, show a bigger image in the search results on desktop computers and are subject to the duration left on your standard listings. If your standard property listing expires sooner than the featured listing duration then the featured listing will expire with the standard listing. Featured listings will revert back to standard listings on conclusion of the featured listing period unless sold/leased earlier subject to the validity of standard listings.
5.7 Search results to find businesses are displayed in alphabetical order.
5.8 A builder or developer may only advertise a property for sale or rent on the REALETSITE website if they are legally entitled to sell or rent the property. Proof of ownership satisfactory to REALETSITE must be provided, for example, by way of a copy of the land title certificate or most recent council rates notice or water rates bill for the relevant property. If legal entitlement to advertise the property for sale or rental is not provided to REALETSITE on request within 5 business days of the request being made, REALETSITE will remove the listing and you will not be entitled to reimbursement of all or any part of the Fee.
5.9 Builders can advertise house and land packages on land they do not own provided they have written permission from the developer or person who owns the land. A copy of the written permission and proof of ownership of the land must be provided to REALETSITE on request within 5 business days of the request being made. Builders must declare such permission clearly (no fine text) in the advertisement so that a potential buyer understands that they are not buying the land from the builder.
5.10 We do not give any guarantee that the placing of your advertisement on the REALETSITE website will result in the sale or leasing of the property advertised or generate more business for you.
6. Access to online registered users’ area
6.1 When you become a registered user you will be given a user name and password
which you can use to log in to the registered users’ area of the REALETSITE website.
From there, depending on your registered user type, you will be able to upload ads
for properties, post banner ads, upload your details and the services you offer and
request alerts for new listings.
6.2 You agree to provide accurate, current and complete information about you when
asked and to maintain and keep this information accurate and up to date.
6.3 If you register as an individual, you must treat the user name and password as
personal and confidential and you must not disclose it to any third parties. If you
register as a company and multiple employees need access to your account, you
can share the user name and password provided that you ensure that each employee treats the user name and password as confidential and does not disclose
it to any third parties.
7. Your obligations
7.1 You must, at all times, answer all questions honestly, correctly and completely including when you create your account, register the details of any properties or services you offer and when you talk to anyone making an inquiry about a property or service. All properties advertised must in fact exist, you must comply with all regulatory requirements relevant to your user status and you must have the necessary skills to provide any of the services you offer.
7.2 You must ensure that any information, including pictures, in any content that you post to the REALETSITE website, is accurate and correct and kept up to date for the time it is accessible. You must remove any listings or advertisements as soon as possible once the property listed is no longer available for rent or sale or you are no longer providing the services advertised. REALETSITE may, in its sole discretion, remove any listing if it considers that such listing has been inactive for a reasonable period of time.
7.3 You are solely responsible for any content you post on the REALETSITE website. You warrant that you are the owner of the intellectual property rights (IPR) or have the IPR owner’s permission to use any content, including images, that you post on the REALETSITE website.
7.4 By posting your content on the REALETSITE website, you grant REALETSITE a non-exclusive, worldwide, royalty free, sub-licensable, perpetual licence to use it for the purposes of the REALETSITE website’s functionality and growth.
7.5 Your activities on the REALETSITE website must not contribute towards unreasonable traffic, spam, the spread of a virus that may harm or restrict the services provided by the REALETSITE website or its functionality or to the devices of other users of the REALETSITE website.
7.6 You must not use any automatic or computer programs or devices to collect information on the REALETSITE website without prior written permission from REALETSITE and any other relevant party.
7.7 You must not construct or build any database to search services from the REALETSITE website that compete with the services offered by REALETSITE.
8. Term and termination
8.1 This Agreement will start when you complete your registration and will continue until terminated by either party in accordance with the terms below.
8.2 You can cancel your registration at any time by giving REALETSITE at least 14 days written notice. before your next payment is due. Your ability to login to the registered user section of the REALETSITE website will be stopped at the end of the notice period. You will not be entitled to a refund of any credits in your account at the date of termination.
8.3 Either party can terminate the Agreement immediately by giving the other party written notice if:
(a) the other party is in breach of any provision of this Agreement and the party in breach has failed to remedy the breach within 14 days of receipt of written notice from the other party describing the breach and calling for it to be remedied;
(b) the breach is not capable of remedy;
(c) the other party is unable to pay its debts when they fall due, any steps are taken for the winding up or similar of the other party or the other party takes steps to go into bankruptcy or becomes bankrupt.
9. Liability and indemnity
9.1 Except as expressly set out in this Agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the supply of goods or services under this agreement are excluded. If REALETSITE is liable for a breach of an imposed term, guarantee, warranty, representation or condition, our liability is, at our option, limited to:
(a) the supply of equivalent services on REALETSITE website;
(b) the payment of the cost of supplying the services again on REALETSITE website.
9.2 To the extent permitted by law, REALETSITE will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with your registration and use of the REALETSITE website or the provision of the REALETSITE website services to you, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3 You agree to defend, indemnify and hold REALETSITE, its subsidiaries, affiliates, licensors, employees, agents and independent contractors harmless, against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising, directly or indirectly, out of or related to any claims, including negligence, made by third parties against us caused by, or resulting from, your use of the REALETSITE website.
10.1 A notice, given under this agreement must be in writing sent to REALETSITE at the address on the REALETSITE website or to you at the address you provided when you registered to be a registered user. A notice is taken to have been received two business days after sending if sent by post or if sent by email, on receipt by the sender of a read receipt.
10.2 This Agreement is governed by and must be construed in accordance with the laws of the State of New South Wales. You and REALETSITE submit to the exclusive jurisdiction of the courts of that State.
10.3 If part or all of any of the Agreement is illegal or unenforceable it will be severed from the rest of the Agreement and will not affect the continued operation of the remaining provisions of the Agreement.
10.4 This Agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of the Agreement.