Welcome to the website of Real Estate Yourself, operated by Real Estate yourself (ABN 21659964057) (“we”, “us” or the “Proprietor”), which provides an online platform to assist vendors to sell or rent their properties themselves.
This website is located on the web via the domain http://www.realestateyourself.com.au and includes all of the files located in that domain http://www.realestateyourself.com.au
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Eligibility & Authority to list your property
By listing your property on this site, you represent and warrant to the Proprietor that you are the legal owner of the relevant property or have otherwise been appointed or have the permission/consent by the legal owner to access this site and our services for and on behalf of the owner. By register an account with us, you agreed and accepted our terms and conditions here and you give us the authority to list your property on the major real estate websites. Should the Proprietor suffer any damage or other losses as a result of a listing being made other than by the legal owner (or authorised representative of the legal owner) of the relevant property, we reserve the right to seek compensation for such losses from you.
Restrictions on use
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice:
temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
the Proprietor is unable to verify or authenticate any information that you provide to us; or
the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person; and
You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site; or
Registration and account security
Requirement for registration
The Proprietor reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Proprietor will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Proprietor will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify the Proprietor immediately of any known or suspected unauthorised use of any password or any other breach of security.
any other information that may be required by the Proprietor during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Proprietor that all information provided to the Proprietor by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
The Proprietor reserves the right to accept or reject any application for registration of an account with this site at its discretion.
24/7 Automated Call answering solution system/Auto Responder system
You give consent to use 24/7 Automated Call answering solution system/Auto Responder system. You give consent that your contact details will be sent as a way of point of contact for your property listing enquires. This is because realestate.com.au and domain.com.au are not allowed to directly display your contact details in a listing
You need to advise us in writing if you want to update your contact details so we can update your contact details in our 24/7 call answering solution system/Auto Responder system.
Order constitutes offer
We will not commence processing any order made through this site unless and until:
payment for the order has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
at any time:
refuse to provide services to you;
terminate your access to this site; and/or
remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when the Proprietor either:
provides the services to you, at the time at which the Proprietor commences providing the services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Proprietor.
Physical goods provided as part of our services
You expressly acknowledge and agree that we only supply and send products (such as sale signage etc) within Australia and postage fee will apply
We take no responsibility for loss or damage once dispatched your products (for sale or for lease board etc.)
We endeavour to ensure that our product and services list is current however we give no undertaking as to the availability of any product or service advertised on our website.
We rely on the provision of products from third-party suppliers. You expressly acknowledge and agree that we will not be responsible nor liable for any problems that may arise with respect to the products provided by those third-party suppliers – all such products are provided to you on an “as-is” basis.
Timing of uploading of your listing
Please note your listing will be live within 24 hours after payment if you meet all the listing requirement. We rely on third party portals to make your listing go live and therefore, while we will endeavour to have your listing go live as soon as possible, we cannot control such timing. You acknowledge and agree that we are not responsible nor liable for any problems that may arise in the third-party website.
The Proprietor is reliant on third-party sites to which the Proprietor subscribes and pays fees to access. Such third-party sites may alter without notice. The Proprietor reserves the right to add or delete any third-party portal from its list of exported destinations without advance notice to you or other users of our site. The use of any website within the Proprietor’s export is at the sole discretion of the Proprietor. The Proprietor does not and cannot provide any guarantee regarding the continuity of these relationships. You hereby release the Proprietor from any liability that you may suffer should the Proprietor be unable to provide access to any of its third-party sites at any stage. There won't be refund or compensation in such case.
The Proprietor has commercial referral relationships in place with a range of conveyancing specialists (who are listed on this Website from time to time). By registering an account on this Site, the User acknowledges and agrees that:
The Proprietor may share the User’s details uploaded to this Site (during registration or otherwise) with the conveyancer(s) featured on this Site with a view to those conveyancer(s) then contacting the User to negotiate further services to assist the User in the sale of their property.
The Proprietor expressly excludes all liability with respect to the services that any such conveyancer(s) may provide. You agree that your use of services offered by the conveyancer(s) is at your own discretion and risk. You agree to release the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from the services provided by the conveyancer or the conveyancer’s use of the user’s information. The Proprietor may plead this release as a bar and complete defence to any claims or proceedings.
All prices are for standard listings on third party sites such as realestate.com.au etc subject to our fair use policy. Once the listing is live, our fee had been earned. There won't be a refund in the case once the listing had been made live. if you withdraw your listing and want re-list the same property after 30 days then there will be a same re-listing/advertising fee per our price package. If you need an upgrade to a premier, highlight/feature listing for your listing on realestate.com.au please contact us so we can check the price manually for you as price is different from suburb to surburb for upgrading the listing to premier/feature/highlight from a standard listing per realestate.com.au
The Proprietor reserves the right to change the prices for services displayed in this site at any time before you place an order. The price is for listing one property only, not multiple properties. You need to pay for listing another property with us each time.
Fair use Policy
Listings on the Real Estate Yourself platform are governed by our fair use policy. We will notify you if your real estate ads have been active for an unusually extended period, and we will request confirmation of the ad status.
It usually take average 90 days to sell your property and average 30 days to rent your property.
Typically, if a property listing has been active on Real Estate Yourself for more than 3 months, it will undergo a review. However, reviews may also be conducted at other times. During the review process, the following situations may trigger further assessment:
There has been no account activity for a significant period, exceeding 3 months.
Reports indicate a lack of customer response or complaints regarding the customer's behavior.
A listing appears to have been rented or sold without removing the ad, resulting in an excessive number of property enquiries or applications over an extended period. We reserve the right to not publish any listing update if we believe this is the case.
Should any of these circumstances arise without a written reasonable explanation within 48 hours after we send you the review notice, the customer may be considered in violation of Real Estate Yourself's terms of service. Consequently, the ad may be removed without any refund or compensation, and Real Estate Yourself reserves the right to apply additional charges at our discretion
Product and Service Descriptions
We make every effort to provide accurate descriptions of our products and services on our website. However, we cannot guarantee the absolute accuracy of the descriptions. In the event that we become aware of any misdescription, we retain the right to rectify any errors or omissions.
Payment for orders placed through this site may be made by credit card processed online using the secure Stripe/Paypal payment gateway or using a PayPal account.
we are able to provide refund(including change of mind) until the listing is live. Once the listing is live, we are unable to provide any refund.
we are able to provide refund until a product had been shipped, supplied or booked incurring a cost to real estate yourself
In cases where a customer has made a payment for an advertisement or platform access but has not promptly responded to verification requests or failed to cancel their subscription before a charge, refunds will not be provided. If a refund is requested after a purchase before the listing goes live, a processing admin fee of $50 will be charged.
While PayPal/ Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Proprietor.
The Proprietor may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by the Proprietor in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.
This site contains some features that enable you and other users to upload User Content. The Proprietor reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to the Proprietor that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and grant to the Proprietor a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Proprietor’s absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
content that you may upload, including listing content, will be error free;
the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data (in no circumstance do we guarantee that our internet service will be free from break down nor will be at all responsible or liable for any such break downs);
this site will meet your requirements or expectations;
any third-party suppliers (including conveyancers with whom the Proprietor has a commercial referral relationship) will provide their services to you in any particular manner or such as to meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
Exclusion of liability
the singular includes the plural and vice-versa;
a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of the Proprietor’s intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Proprietor without the Proprietor’s prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring the Proprietor or any of its staff into disrepute.
SPECIFIC PROPERTY LISTING RULES
We provide general information to help you to list on other online property listing platform such as realestate.com.au, domain.com.au etc. It is your responsibility to accept and obey terms and conditions governing those other online property listing platforms and your local authority rules and all regulation/laws from all jurisdictions all the time. Failure to do so will result in either a delay in your listing to “go live” or the removal of your listing. You expressly acknowledge and agree that we will not provide any refund in such circumstances. You will be responsible for your own listing information breach against any regulations.
You must provide us your proof of property ownership documents such as council rate or water rate etc. for us to approve your listings and make your listing go live.
You must follow all online listing requirements/rules from your State or Territory institution
You must provide the correct legal address for listing otherwise your listing will be removed by us and no refund is available in such case.
You must not provide fake description/image in your listing and you must not provide dishonest or misleading information in your listing. Any breach of this obligation may see your listing removed and we will not provide any refund in such circumstances.
You must be responsible for copy content writing for your listing and you must ensure that it is all accurate. You must inform us if there is any error on your listing if you believe there is a small error that we have made.
You must not list with us if your property is already under contract.
Your listing will be active once we confirm that you have complied with our listing rules.
Your listing will be removed when your property is sold or leased (as applicable).
If you remove the listing by yourself, there will be no refund or compensation payable from us to you.
You must update the status of your listing as and when applicable to accurately reflect the status of your listing (such as “under contract”). For listing under offer/under contract for more than 60 days, realestate.com.au have the sole direction for automatically withdraw the listing if the listing is under offer for more than 60 days
You must not enter any of your personal contact details on your listing description; we reserve the right to either deny making your listing live
You must respond property esquires at at timely manner, in the case if there is an active listing and if there are prospective tenants/buyers could not reach you for sometime, we reserve the right to temporally pause the listing for you until we hear back from your response; re/active or listing fee will apply
Although your sold listing, withdraw listing can be used for future re-advertising, we reserve our right to remove your sold listing, withdraw listing from our portal at anytime after it has been withdrawn/sold more than 6 month without any notice, so it is your responsibilities to keep a copy of your property images, descriptions in your own drive for any future use
You must be responsible for the copyright of all your listing information, images etc. and any potential copyright infringement from your listing
Any breaking of these listing rules may result your listing pending or being removed by us and no refund is payable in such circumstances.
Self Property Management Platform/Service
Our online platform designed to assist private landlords in Australia with managing their properties privately. We do not act on behalf of our clients to manage their property.
By using this online self-property management-platform, you confirm and warrant that you are the legal owner of the property or are authorized by the legal owner to manage the property through our services.
Real Estate Yourself provides sample online lease agreements and condition reports as guidelines for property management. However, users are solely responsible for the content and accuracy of any documents created using our platform. We do not assume responsibility for the content or legal sufficiency of these documents.
In the event of a dispute between parties arising from the use of documents or services provided by Real Estate Yourself, users agree to resolve such disputes independently. Real Estate Yourself is not responsible for any legal proceedings or disputes that may arise.
Users acknowledge that Real Estate Yourself does not provide legal advice, and any use of our platform should not be considered a substitute for professional legal counsel. It is advisable to consult with a qualified legal professional for specific legal concerns.
Real Estate Yourself disclaims all liability for any damages, losses, or claims arising from the use of our services or documents, including but not limited to, financial losses, property damage, or legal disputes.
Users agree to use Real Estate Yourself at their own risk and to indemnify and hold Real Estate Yourself, its affiliates, and employees harmless from any claims, demands, or damages arising from their use of the platform.