Definitions

"Agreement" means these Terms and Conditions and the order placed by you for a Product or Service.

"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials posted to the site by you.

"REIM" refers to Real Estate in Motion Pty Ltd (ACN 126 636 806), which operates the site. "the site" refers to www.realestateinmotion.com.au.

"Product or Service" means any product or service that is offered by REIM.

"You", "your" or "the client" refers to you as the user of the Service.

These are the terms and conditions ("Terms and Conditions") that apply to your use of the Product or Service. The purchase of any Product or Service from the site will mean you accept the Terms and Conditions. Your continued use of the site will constitute your acceptance of the Terms and Conditions.

REIM reserve the right to amend the Terms and Conditions, including fees, at any time without notice.

Please read the Terms and Conditions carefully before purchase of any Product or Service.

No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.

Registration process

To be eligible to purchase any Product or Service on the site, you must register a REIM account on the site, you must be:

a holder of a valid real estate agent's license in the State(s) or Territory to which your use of the Product or Service relates;

hold an authority or a signed Agency Agreement to sell from the registered owner of the property for the properties you list on the site; and

provide accurate and current details of all information required in the registration process.

3. What you must do

You must:

comply with the terms and conditions of your real estate agent's license in the State(s) or Territory to which your use of the Product or Service relates; only advertise real estate that are available for purchase or lease whilst being advertised on the site and only advertise a property once; and

only register properties to the site directly in accordance with REIM’s terms and conditions;

within three (3) days of an unconditional sale or lease being agreed for a property, remove that property from the site. within three (3) days, withdraw the listing of a property from the site if you authority to sell the property expires or is terminated;

update the properties advertised on the site by you from time-to-time or when asked to do so by REIM. REIM reserves the right in its absolute discretion to remove any property from the site if you fail to comply with REIM’s request to update the properties advertised by you or if you advertise the property more than once on the site;

follow any reasonable directions and instructions given to you by REIM in relation to the properties advertised on the site;

ensure that Content displayed on the site in any form by you is not unlawful or for an improper purpose, including information that is misleading or deceptive, defamatory, libelous, breach of copyright or other intellectual property rights of any other party or in any way expose REIM to any liability, legal proceedings or other penalty; and

in using the site, comply with the Trade Practices Act 1974 (Commonwealth); fair trading laws in the State(s) or Territory to which your use of the Product or Service relates; laws governing the conduct and licensing of real estate agents in the State(s) or Territory to which your use of the Product or Service relates and any other applicable laws and advertising standards.

4. What you must not do

You must not:

list any other product or service for sale or lease other than other than real estate or real estate related activities and services;

advertise your business on the site, other than in the approved format/s inclusive of the listing of property for sale/lease and within the Company and Agent profile sections provided;

promote, provide or display on the site in any form any Content which may be potentially damaging that could damage REIM. These include, but are not limited to, such promotion as indecent or nude photography and/or video media, any degrading or compromising behaviour and any conduct which might reasonably be expected to adversely affect the image or sale of the REIM’s Products or Services;

promote, provide or display on the site in any form any Content considered to be obscene, offensive, or abusive

place incorrect or irrelevant information or data in any Content.

display or place any Content other than in relation to property being offered for sale or lease and/or your own Company/Agent profile.

advertise a property or display Content more than once for the same property.

remove and then re-list the same.

use the site to advertise properties for sale or lease for a Real Estate Office that is not a registered user or has a valid REIM account.

engage in conduct that is or can reasonably be considered misleading and deceptive.

engage in conduct that is or can reasonably be considered to be unlawful, illegal, malicious or improper conduct is not acceptable.

engage in conduct that is or can reasonably be considered to be defamatory; and

disclose any private, personal or confidential information about any person, registered users, or registered owners of property.

5. What you agree

You agree and acknowledge that:

you have read and agree these Terms and Conditions and all other policies listed on the site; you are authorised to make available the Content and that you are acting with the authority of the registered owner each property advertised;

must comply with these Terms and Conditions whilst you have a registered account;

By posting, uploading, inputting, providing or submitting any Content, you grant REIM its affiliated companies and necessary sub-licensees, a royalty free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt and otherwise exercise all intellectual property rights in the Content; and to publish your name any contact information you approve of in connection with the submitted Content.

REIM is under no obligation to post or use your submitted Content that you may provide and REIM may remove any such information at any time in its sole discretion.

REIM reserves the right to monitor or censor the Content.

REIM is not obliged to monitor or censor the Content.

REIM is not responsible for Content or for any errors or omissions in Content displayed on the site;

REIM shall not be liable for any compensation with respect to the use of your submitted Content.

REIM is not responsible for and shall not be liable to you for any down time on the site;

REIM is not responsible for and shall not be liable to you any delay in performance or breach of the Agreement which arises as a result of any matter beyond REIM’s control including but not limited to viruses, other defects or failure of the server hosting the site.

REIM is not responsible for and shall not be liable to you for systems or technological failures that may prevent access to the site in part or in full to you, your employees, agents, registered owners, prospective purchasers or other users of the site;

You authorise REIM to contact you via any details provided in the registration process; and

REIM may assign the Agreement at any time.  If REIM assigns this Agreement, we will notify you of the assignment. 

6. What REIM agrees

REIM agrees and acknowledges to you that:

REIM does not claim any ownership to any Content submitted by you on the site, unless you expressly provide otherwise. However, notwithstanding the foregoing, any further development or add-ons (“Enhancements”) made by REIM or anyone acting on REIM’s behalf, including employees, contractors, etc, to the submitted Content will be the property of REIM without any further consideration to you, whether or not such Enhancements are incorporated into REIM products or services.

REIM shall not have any right to assign, sell or otherwise dispose of the Content;

REIM shall not charge any fees for registration and/or maintenance of a REIM account on the site.

7. Termination of Registration of a REIM Account

If you no longer wish to use the site, you must de-register your REIM account on the site by clicking the de-registration link and completing the information required.

8. REIM’s right to terminate or suspend your REIM account

REIM reserves the right to de-register any REIM account on the site and terminate the Agreement in its absolute and sole discretion at any time without notice. Without limiting the generality of the foregoing or any other rights that REIM may have against you, REIM may immediately suspend or temporarily remove any property listing uploaded by you to the site or terminate this Agreement if:

you fail to pay any fees or charges due to REIM by the due date;

you breach any part of the Terms and Conditions and/or this Agreement which cannot be rectified;

the Content displayed on the site supplied by you is false or misleading;

the Content that you promote, provide or display on the site in any form may include potentially damaging content that could damage REIM, including, but not limited to, such promotion as indecent or nude photography and/or video media, any degrading or compromising behaviour and any conduct which might reasonably be expected to adversely affect the image or sale of the REIM’s Products or Services;

the Content that you promote, provide or display on the site in any form is unlawful or for an improper purpose, including information that is misleading or deceptive, defamatory, libelous, breach of copyright or other intellectual property rights of any other party or in any way expose REIM to any liability, legal proceedings or other penalty;

If your REIM account is inactive for period of at least twelve (12) months.

you as an individual apply for or enter into bankruptcy;

you die, or if you are in a partnership, are dissolved or an application to dissolve is filed; or

if you are a company, are wound up or an application for winding up is filed or enter liquidation, administration, receivership, deed of company arrangement, or appoint a receiver or manager over all or any part of the company assets or otherwise become insolvent.

9. What happens if the Agreement is Terminated?

If this Agreement is terminated, this Agreement is at an end.

REIM reserves its rights against you despite any termination of this Agreement.

You agree that you remain liable for all fees and charges incurred prior to date of termination and you must pay all outstanding amounts to us within seven (7) days of termination.

10. REIM's Terms and Conditions of Purchase

This Website (referred to in these Terms and Conditions of Use as the “site”) is owned and operated by Real Estate in Motion Pty Ltd ACN 126 636 806 (referred herein as “REIM”).

REIM offers various Products or Services as set out in the Products & Services page in the site. Your purchase of any products and services is governed by the REIM's Terms and Conditions of Purchase set out below.

Purchasing any Product or Service from this site will mean you accept the REIM Terms and Conditions of Purchase.

REIM offer a number of different Products or Services that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion.

The fees for each Product or Service are as set out in the site or in your Order Form.

REIM does not charge any surcharge for payment by Visa Card or Mastercard.

REIM reserve the right to amend the Terms and Conditions of Purchase, including fees, at any time. REIM will endeavour to give written notice of any changes to fees. Your continued use of the Service will constitute your acceptance of the change.

Applicable Currency

All prices and charges quoted are in Australian dollars.

GST

If your product or service is provided within Australia, then the price will include the Australian Goods and Services Tax (GST), which is currently at ten per cent (10%). If your delivery address is outside Australia, then your purchase is not subject to GST.

Orders and Payment

You will need to complete a separate payment for each transaction. Once you have placed your order you will receive a confirmation page that you can print for your own records.

Product Purchase

Subject to availability of the products, REIM will accept your order when your credit card payment has been approved. REIM will inform you by e-mail if your credit card payment is not successful You must provide details of an acceptable credit card sufficient to make online payments. By providing your credit card details, you irrevocably authorise us to process your transaction.

Credit cards accepted are Visa and MasterCard only.

Returns and Refunds

Products or Services purchased on the site are sold in accordance with the examples of each Product or Service (please refer to Products and Services page of the site). Production services such as video slideshow creation, voiceovers, video production will be subject to variation, however, REIM will always endeavour to produce the best quality work to the standard and format used in the examples shown on the site.

The onus is on you to inspect samples of the Products or Services provided in the Site and select the appropriate Product or Service before payment is made.

You shall not be entitled to any refund whatsoever in relation to the Product or Service bought on the site either in part or in full.

REIM’s return and refund policy shall apply even if the site shall be down for any period of time.

11. Disclaimer of Warranties

All materials, information, software, products, services and other content contained in this site, or obtained from a linked site is provided to you "as is" without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. REIM has made reasonable efforts to post current and accurate information on this site; however, REIM assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this site. Under no circumstances will REIM be liable for any loss or damage caused by your reliance on information obtained through this site. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this site is solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.

12. Limitation of Liability

You specifically agree that REIM shall not be responsible for unauthorised access to or alteration of your transmissions or data, any Content sent or received or not sent or received, or any transactions entered into through this site.

You specifically agree that REIM is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

You specifically agree that REIM is not responsible for any Content sent using the site and/or included in this site by any third party.

In no event shall REIM be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from:

    (1) reliance on the Content provided,

    (2) costs of replacement,

    (3) loss of use, data, business or profits,

    (4) delays or business interruptions, and

    (5) and any purported liability arising out of or in connection with the use of, or inability to use this
    site, whether or not REIM has been advised of the possibility of such damages.

13. Exclusions

To the extent allowable under the Trade Practices Act 1974 (Commonwealth); or the fair trading laws in the State(s) or Territory to which your use of the Product or Service relates, REIM:

excludes all implied conditions and warranties;

excludes all consequential, special or indirect damages, loss, expense or costs (included but not limited to loss of opportunity, loss of income, loss of business and loss of profits).

limits its liability in respect of any other claim whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.

14. Indemnification

You agree to indemnify, and hold harmless REIM and its employees, contractors, officers, agents and directors from all liabilities, claims, damages, expenses and costs (including legal expenses on a solicitor and own client basis), that arise from your use or misuse of this site, including without limitation content sent or posted by you through the site, your connection to this site and/or REIM products or services, your non-compliance with these terms and conditions of use, or your violation of any third-party rights. REIM reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with REIM in asserting any available defences.

15. Governing Law

These Terms and Conditions are governed by and must be construed in accordance with the laws of New South Wales, Australia. You accept that any disputes will be determined by courts having jurisdiction in New South Wales, Australia.