TERMS AND CONDITIONS OF ACCESS TO THE REAL ESTATE 1 & REAL ESTATE 1 COMMERCIAL WEBSITES

(www.realestate1.com.au & realestate1commercial.com.au)

1.Terms and Conditions of Access to the realEstate1 & realEstate1Commercial Website

The websites www.realestate1.com.au ('Real Estate 1') and www.realestate1commercial.com.au ('Real Estate 1 Commercial') is owned and operated by Real Estate 1 Ltd ACN 140 715 028. Before using the Real Estate 1 website, you must read the terms and conditions set out below and you must obey the terms and conditions and all relevant laws. Accessing the Real Estate 1 and Real Estate 1 Commercial website constitutes acceptance of the terms and conditions listed below and you shall be bound by them. If for whatever reason you do not accept the terms and conditions below, (or you are under 18 years of age and do not have parental or legal guardian consent to access this website) you must cease using the website immediately. The terms and conditions of the website may change from time to time without prior notice to you. It is your responsibility to read these terms and conditions each time you access the website as you agree to be bound by each of the terms and conditions listed below.

2.Copyright and use of material on the website.

All information contained on the website or links is subject to Australian Copyright Laws and other Intellectual Property Rights, and as such, you may not use the website or the material contained on it for any purpose involving, but not limited to:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material to any other website;
(d) "framing" the material on the website with other material on any other website.
The above are unlawful in any jurisdiction and are specifically prohibited by these terms and conditions. Notwithstanding the above restrictions on the use of the material on the website, you may download material from the website for your personal non-commercial use provided you do not remove or breach any copyright notices, trademarks or other intellectual property rights either expressed or implied.

3.Disclaimer

The owner of the website makes the website available for users to publish, broadcast and/or distribute information. The owner of the website does so without assuming any duty of care to users or recipients. Real Estate 1 Ltd is not in the business of providing professional advice, or otherwise, and provides no warranty, guarantee and/or representation about the accuracy, content, reliability, timeliness, fitness for purpose, merchantability, accessibility or otherwise, about the information contained on the website and/or links, either whole or partial. You agree to accept all liability for the use of and/or information received and/or contained on the website and/or website links at your own risk. The owner of the website shall not be held liable whatsoever for loss of profits, damages of any kind and under any circumstances, for software "glitches", viruses or malicious damage to hardware/software, faulty links, internet and ISP costs, acting or failing to act on any information provided and/or referred to on the website or any website links.

4.Indemnity

You will indemnify, at all times, Real Estate 1 Ltd, its officers, employees, agents from and against any losses, including reasonable legal costs and expenses, and/or liabilities incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person or corporation where such loss or liability arose out of, or in connection with or in respect of any breach of these terms and conditions by you or anyone directed by you, and publication, broadcast or distribution of material and/or information supplied by you. You must mitigate all losses.

5.Relevant Jurisdiction

If any part of these terms and conditions are found by a mediator, tribunal or Court of competent jurisdiction to be void, unlawful, or unenforceable then the part(s) deemed to be unenforceable will be deemed to be severed from the Terms and Conditions to the effect that it will give rise to the validity and enforceability of any remaining provision(s). These terms and conditions will be governed and interpreted in accordance with the laws of Victoria in Australia, without giving effect to principles of conflict with laws. You agree to be bound by the exclusive jurisdiction of the Courts of Melbourne, Victoria, Australia to determine any disputed arising out of these Terms and Conditions. To the full extent permitted by law, Real Estate 1 Ltd disclaims any and all warranties, express or implied regarding the use of its website.

6.Removal of Information

Real Estate 1 Ltd may remove, terminate and/or suspend any material contained on its website including information, links, notices and/or advertisements, at any time, without prior notice to you or explanation or justification for removing, terminating and/or suspending the material and/or information. Subsequently, Real Estate 1 Ltd will not be held liable or responsible for any costs, loses, damages of any kind arising from such action(s).

7.Links

www.realestate1.com.au and www.realestate1commercial.com.au contains links to other websites which are owned and operated by third parties and are not under the control of Real Estate 1 Ltd. All links to other websites are provided as a convenience to you and the existence of a link to other websites does not in any way impose endorsement of the owner or the content of that website. As such, Real Estate 1 Ltd is not responsible for any material contained on that site or its links. Should you have any questions relating to these terms and conditions, please do not hesitate to contact Real Estate 1 Ltd by email - "support(at)realestate1.com.au".

8.Cancellation of FREE Membership

- You can cancel your FREE Membership at any time, simply advise Real Estate 1 Pty Ltd in writing of your intention to cancel your FREE Membership including the date the cancellation is effective from.

9 (a) Cancellation of PREMIUM Membership (Clients paying monthly instalments)

The process for the cancellation of your PREMIUM Membership contract with Real Estate 1 Pty Ltd is as follows;
(a) No less than 90 days written notice is required prior to your existing Membership contract end date.
(b) Payment of the full monthly amount + GST until the existing Membership contract end date is required.
(c) Where your agency ceases trading or has been sold during the contract term, all remaining payments for the current Membership contract are due and payable up until the contract expiry date.
(d) If no cancellation notice is received prior to your Membership end date, at the expiry of you current Membership contract your Membership will continue on a month to month basis and you will be charged the original contracted amount per month + GST.
(e) Any monies owed to finalize the contract can be payed as a lump sum or continue to be paid on a monthly basis as per your Membership contract terms.
(f) Any failure to make required payments will result in legal action. All legal costs incurred by Real Estate 1 Pty Ltd to recover debts owing will also be sought by Real Estate1 Pty Ltd’s Legal Representative.
(g) Payment plans can be arranged if you are experiencing financial difficulty, please contact Real Estate 1 Pty Ltd immediately to make arrangements if this is the case.

9 (b) Cancellation of PREMIUM Membership (Clients who paid an upfront yearly Membership fee)

The process for cancellation of your PREMIUM Membership with realEstate1 is as follows;
(a) You can cancel your PREMIUM Membership at anytime during your yearly Membership contract. Simply advise realEstate1 in writing of your intention to cancel your PREMIUM Membership including the date the cancellation is effective from.
(b) Refunds from the date of cancellation to the end of the contracted yearly PREMIUM Membership will not be given under any circumstances.
(c) If no cancellation notice is received prior to your current Membership end date, you will receive email notification advising you that your PREMIUM Membership is due for renewal. Upgrade at anytime online in AgentHQ, via the link in the email provided or call our office on 1300 553 880.
(d) Any failure to make required payments will result in legal action. All legal costs incurred by Real Estate 1 Pty Ltd to recover debts owing will also be sought by Real Estate1 Pty Ltd’s Legal Representative.
(e) Payment plans can be arranged if you are experiencing financial difficulty, please contact Real Estate 1 Pty Ltd immediately to make arrangements if this is the case.

10.Cancellation of Advertising Contract

The process for the cancellation of your Banner Advertising Contract with Real Estate 1 Pty Ltd is as follows;
(a) No less than 30 days written notice is required prior to your existing contract end date.
(b) Payment of the full monthly amount + GST until the existing contract end date is required.
(c) If a cancellation notice is not received 30 days prior to your contract end date, your contract will continue on a month to month basis at the expiry of your existing contract. The account holder will be charged the original contracted amount per month + GST until a 30 day cancellation notice is received and the full 30 day notice period has expired.
(d) Where agencies /external advertisers business’s cease trading or the business is sold during the contract term all remaining payments for the current Membership contract are due and payable up until the contract expiry date.
(e) If artwork is not provided to Real Estate 1 Pty Ltd by you the Agent / External Advertiser by the contract start date, your contract will commence as scheduled and you will be charged as per your contract terms.
(f) If monies owing to Real Estate 1 Pty Ltd becomes more than 30 days in arrears, your banners will be taken off the site until all monies owed are paid in full. Once all money owed to Real Estate 1 Pty Ltd is paid, your banners will be placed back on the site as per your contract terms.
(g) If monies owed to Real Estate 1 Pty Ltd remains unpaid, your banners will remain off the site and your existing contract terms still stand. All monies owing to the completion of your contract is payable.
(h) Any monies owed to finalize the contract can be payed as a lump sum or continue to be paid on a monthly basis as per your contract terms.
(i) Any failure to make required payments will result in legal action. All legal costs incurred by Real Estate 1 Pty Ltd to recover debts owing will also be sought by Real Estate1 Pty Ltd’s Legal Representative.
(j) Payment plans can be arranged if you are experiencing financial difficulty, please contact Real Estate 1 Pty Ltd immediately to make arrangements if this is the case.