Contractual Terms of Use of the proptrack.com.au platform.
If you browse or otherwise access any content or data on the proptrack.com.au platform (including its website, mobile site, apps and voice assistant products), you agree to be bound by these terms.
These terms of use and our Privacy Policy form the basis on which you may access and use our platform, including its websites, any subdomains of those websites, mobile sites, apps and voice assistant products, APIs and widgets (together called “our platform” in these terms).
PropTrack Pty Ltd (PropTrack / we / us) reserves the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our platform your sole option is to immediately cease your use of our platform.
We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Information on our platform and in any proptrack.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.
PropTrack is responsible for maintaining our platform and all proptrack.com.au publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of PropTrack, and any Third Party Content on our website).
Restrictions on use of websites
In accessing or using our platform you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
(d) use or index any content or data on our platform for purposes of:
(i) constructing or populating a searchable database of properties,
(ii) building a database of property information; or
(iii) competing with us in any manner that we have not specifically authorised;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our platform or any content from our platform in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law;
(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platform or any content on our website, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
Copyright
The subject matter on and accessible from our platform and publications is protected by copyright. Apart from fair dealing permitted by the Copyright Act 1968, PropTrack grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of proptrack.com.au copyright material beyond such use, written permission must be obtained directly from PropTrack or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Third party links and advertising
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third party websites do not form part of our platform and are not under the control of or the responsibility of PropTrack. When you link to those websites you leave our platform and do so entirely at your own risk. PropTrack and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and PropTrack and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by PropTrack.
Contributions
In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that PropTrack has permitted you to host, share, publish, post, store or upload on our platform as permitted under these terms.
PropTrack may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, PropTrack may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of our platform;
(iii) likely to cause offence;
(iv) materially incorrect;
(v) obscene;
(vi) defamatory;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. PropTrack is under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant PropTrack a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by PropTrack and these terms.
You grant PropTrack, in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise PropTrack to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
(b) You understand that when accessing our platform, you may be exposed to the Contributions of other users of our platform. You acknowledge and agree that PropTrack does not have control of and is not responsible for these other Contributions. You release PropTrack from any claims that you could assert against PropTrack relating to or in connection with these other Contributions.
You represent and warrant that:
(a) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise PropTrack to display your Contributions; and
(b) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of our platform.
Third Party Content
Our platform contains content provided to PropTrack by other parties (Third Party Content). PropTrack does not have a practice of monitoring or making inquiries about Third Party Content. PropTrack is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of PropTrack. You should always make your own enquiries before relying on Third Party Content.
Platform providers
Our apps and voice assistant products are provided subject to the platform or software provider’s terms.
(a) Apple
If you download one of our apps through the iOS App Store, you acknowledge that these terms incorporate an end user licence agreement between you and PropTrack. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable licence to use the app on any iPhone or iPad that you own or control. You must comply with the Usage Rules in the App Store Terms.
You acknowledge that:
If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.
We are (and Apple is not) responsible for:
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims you can contact us at customercare@realestate.com.au, via the ‘feedback’ option on the app Settings menu or by calling 1300 134 174.
You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
(b) Android
Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
(c) Google Maps
Your use of Google Maps is subject to the Google Maps Terms of Service and Google Privacy Policy.
Editorial content
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
Further warranties
You represent and warrant that your use of our platform will comply at all times with these terms and any directions we make to you in relation to your use of our platform from time to time.
Indemnity
You agree to indemnify and hold PropTrack and its affiliates (and their officers, agents, partners and employees) (collectively, “those indemnified”) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of any third party claim against those indemnified in connection with Contributions you have made to our websites, other than to the extent that such loss, liability, claim or demand was caused by PropTrack’s fraud, gross negligence or wilful default. We will notify you within a reasonable period of any third party claim giving rise to a claim for indemnification and will take reasonable steps to mitigate any loss or damage. To the extent that we caused or contributed to any loss, your liability will be reduced proportionately.
Policy for linking to our website
You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:
(a) attribute a link to PropTrack content as being a link to your own or someone else’s content (for example, use your own logo to link to our content);
(b) attribute a link to our site and then link somewhere else;
(c) frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or
(d) link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
Limitation of liability
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) and similar legislation of other States or Territories. Nothing in these Terms and Conditions has the effect of limiting, excluding, restricting or modifying those rights and remedies, and all provisions of these Terms and Conditions are subject to those rights and remedies.
TO THE EXTENT PERMITTED BY LAW NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST THEM UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES, EXCEPT WHERE SUCH DAMAGES, LOSS OR COSTS:
THE AGGREGATE LIABILITY OF EACH PARTY AND THEIR RELATED ENTITIES FOR LOSS, DAMAGES AND COSTS WHICH ARE NOT EXCLUDED UNDER THE CLAUSE ABOVE WILL AT ALL TIMES BE LIMITED TO $100.00, EXCEPT WHERE SUCH DAMAGES, LOSS OR COSTS:
Jurisdiction
Your use of our platform, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
© REA Group Ltd
Last update November 2023
