Acceptable Use Policy

Introduction

This Acceptable Use Policy is applicable to your use of our website to advertise residential real estate for sale or rent (the Service).

This Acceptable Use Policy forms part of your agreement with us for the Service, together with the General Terms of use, privacy policy and Advertiser terms of use. If you purchase any paid advertising with us, then the Paid Advertiser terms of use also apply.

Your obligations

  1. You must only use the Service for the purposes for which it was designed and offered, and not for any other purpose including, but not limited to, any purpose stated in this Acceptable Use Policy as being not acceptable
  2. You must use the Service in a responsible manner, taking into account the effects your use of the Service may have on other users of our website.
  3. We may request you to make certain modifications to your advertising that we consider reasonable in the circumstances, to maintain the quality of advertising on our website. You must comply with those requests, or remove your advertising from our website
  4. The rules in this Acceptable Use Policy are a non-exhaustive list of our requirements. We may therefore issue directions to you in relation to modification of content that are not covered by the requirements below.

Purpose of our website

The purpose of our website is to allow advertisers like you to advertise residential real estate for sale or lease.

If you are not the person entitled to offer the property for sale or lease, then you must have the appropriate Agency Agreement or Authority to Sell as required in your State or Territory.

What is not acceptable use?

Listing without authority

It is not acceptable use to advertise when:

  1. you have not been authorised to sell or lease the property, and for which you do not have a signed authority from the owner or vendor, such as an Agency Agreement or Authority to Sell (as required in your State or Territory);
  2. you do not own the relevant property, and you advertise properties for sale or lease in a State in which you do not hold a current real estate agent’s licence;
  3. listing a property for which you are not the primary listing agent. Where two agents have equal rights to list the property as a joint listing, either agent may list the property as long as it is not already listed by the other agent; or
  4. you are using our website in any way in which you are impersonating another person or persons.

Advertisements that are not residential real estate

It is not acceptable use to advertise any of the following:

  1. listings other than real estate: listing anything other than real property for sale or lease. For example: car spaces, caravans and portable homes are not acceptable listings on our website;
  2. advertising your business: using the service to advertise your business or its goods or services rather than real property for sale or lease;
  3. generic listings, which do not relate to a specific address or property (for example, ‘various properties available’);
  4. listing of commercial properties; or
  5. listing holiday rental properties under residential rentals. We will have discretion to determine whether an advertisement is for a holiday rental.

Inaccurate or inappropriate advertisements

It is not acceptable use of our website to list advertisements that contain:

  1. Incorrect categorisation of properties for sale, such as:
    1. listing properties for sale in the ‘Rent’ section;
    2. listing completed dwellings in the ‘Off the Plan’ section;
    3. inaccurately listing properties under the ‘Nominee sales’ section.
  2. Street names, suburbs or location names that are inaccurate or not officially recognised. For example: stating that a property is in a different suburb is not acceptable;
  3. Misuse of fields, including:
    1. placing irrelevant information in an information, description or picture field. You must only use the information, description or picture fields for inserting information that is intended for those fields;
    2. displaying text within a photograph, drawing or other image that we consider detracts from the quality of the image;
    3. displaying a collage or combination of photos or other images within one frame.
  4. Inappropriate photos or pictures:
    1. the main image for a property must be a photograph, plan or image of the exterior or interior of the property being offered;
    2. displaying photographs or other images of properties other than the one being offered for sale or lease is not acceptable;
  5. where you display advertisements in more than one language, you must not offer different terms, conditions or prices under different languages for the same property;
  6. you must not display any materials for any unlawful, illegal, malicious or improper purpose. For example, it is not acceptable to display materials that:
    1. may defame or discredit another person or business;
    2. may disclose private, personal or confidential information;
    3. might be considered obscene, offensive, menacing or abusive;
    4. might infringe the intellectual property rights of others; or
    5. may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.

Inappropriate use of the Service

It is not acceptable use to:

  1. create more than one listing for the same property, except where the listings are in multiple languages. For example, listing a single property more than once, but with different prices;
  2. refresh listings: removing and then re-listing the same property in order for the listing to appear as a new listing;
  3. resell the Service or its contents to any other person. If you are advertising a property, you must be representing the vendor in the sale or lease of that property; or
  4. place advertisements that are likely to mislead and deceive the public users of our website.

Failure to remove sold or leased properties

It is not acceptable use to:

  1. not remove a property that is for lease from our website within 72 hours of a lease being entered into in respect of the property; or
  2. not transfer a property to the sold database or remove a property from our website within 72 hours after it has been sold. With respect to an advertised property, we regard any of the following events as equivalent to it being sold:
    1. it has been sold at auction; or
    2. it has been sold privately under an unconditional contract; or
    3. it has been sold privately, and the contract becomes unconditional (i.e. the conditions are satisfied and/or waived); or
    4. you or your organisation refers to the property as “sold” in any public communication or display; or
    5. settlement has occurred.

Breaching this policy

Consequences

Breaching this Acceptable Use Policy may result in us taking some or all of the following action:

  1. giving you notice setting out the breach or breaches, requiring you to remedy those breaches within the period specified in the notice;
  2. deleting a specific advertisement;
  3. not permitting an advertisement or all future advertisements to be uploaded;
  4. suspending your account; or
  5. any other action that we are permitted to take under our agreement with you and according to law.

Your other obligations

Where we suspend or delete advertisements due to a breach or attempted breach by you of this Acceptable Use Policy, you will remain liable for your contractual obligations, including any fees and charges which may accrue, during the period of suspension and/or in relation to the advertisements deleted by us.

Changes to this policy

We may change this Acceptable Use Policy at any time, as set out in the General Terms of use for our website.