Website Terms of Service
Introduction
These Website Terms of Service (these Terms) govern your access to and use of the website located at compareyourrealestate.com and any related applications, features, content, tools and services (together, the Platform). The Platform is operated by Compareyourrealestate ACN 700 244 891 of Level 1, 63-73 Ann Street, Surry Hills NSW 2010 (we, us or our).
These Terms apply to you (you or your) once you have actively accepted them by clicking the “I agree” checkbox, the “Accept” button, or any equivalent affirmative prompt presented to you on the Platform. If you do not agree to these Terms or our Privacy Policy, you must not click to accept them and you must not use the Platform.
Operative provisions
Definitions and interpretation
Defined terms
In these Terms, unless the context otherwise requires:
- Acceptance
- has the meaning given in clause 2.1.
- Account
- means a registered user account created on the Platform.
- Australian Privacy Principles
- means the principles set out in Schedule 1 to the Privacy Act 1988 (Cth).
- Force Majeure Event
- has the meaning given in clause 16.3.
- GDPR
- means the General Data Protection Regulation (EU) 2016/679, as amended from time to time.
- Google Places API
- means the Google Places application programming interface, made available by Google subject to its own terms of service.
- Intellectual Property Rights
- means all intellectual property rights, including copyright, patents, trade marks, design rights, database rights, rights in confidential information, know-how, and any other rights of a similar nature, whether registered or unregistered, anywhere in the world.
- Personal Information
- has the meaning given in the Privacy Act 1988 (Cth).
- Platform
- has the meaning given in the Introduction to these Terms.
- Privacy Policy
- means our privacy policy available at compareyourrealestate.com/privacy.html, as updated from time to time.
- Property Data
- means any information relating to real estate listings or properties displayed on, generated by, or accessed through the Platform, whether sourced from you, from us, or from a Third Party Service.
- Registered User
- means a person who has created an Account on the Platform.
- Services
- means the property comparison, scoring and ranking services provided through the Platform.
- Third Party Service
- means any third-party service, integration or content made available on or through the Platform, including the Google Places API.
- User Content
- means any content, data, preferences, weightings, scores, notes or other information you submit, upload or generate when using the Platform.
Interpretation
In these Terms, unless the context otherwise requires:
- headings and sub-headings are for convenience only and do not affect interpretation;
- the singular includes the plural and vice versa;
- a reference to a person includes a corporation, partnership, trust, government body or any other entity;
- a reference to a statute, regulation or other instrument includes any amendment, replacement or re-enactment of it;
- a reference to a document includes that document as varied or replaced from time to time;
- a reference to writing includes email and other electronic forms of communication; and
- all monetary references are to Australian dollars unless otherwise stated.
Acceptance of these Terms
- These Terms take effect, and form a binding agreement between you and us, only when you confirm your acceptance by clicking an “I agree” checkbox, an “Accept” button, or any equivalent affirmative prompt that we present to you on the Platform (Acceptance). Acceptance is required whether you use the Platform as a guest or as a Registered User, and you must complete your Acceptance before using any interactive feature of the Platform.
- By giving your Acceptance, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy.
- If you are giving your Acceptance on behalf of another person or entity, you represent and warrant that you have the authority to bind that person or entity to these Terms, and references to “you” include that person or entity.
- You must be at least 18 years of age, or giving your Acceptance and using the Platform under the supervision of a parent or guardian who has also given their Acceptance, in order to use the Platform.
- We may update or modify these Terms from time to time. We will notify you of any update by posting the updated Terms on the Platform and, where you are a Registered User, by email. For any material change to these Terms, we will require you to give a fresh Acceptance by clicking the relevant prompt before you may continue to use the Platform. For non-material changes, your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of those changes.
- We may keep electronic records of your Acceptance, including the date and time of Acceptance, the version of these Terms accepted, and other technical information reasonably required to evidence Acceptance. You agree that those records are admissible as evidence of your agreement to these Terms.
Accounts and access
Guest and Registered Users
- You may access certain features of the Platform as a guest user without registering an Account. Some features, including saving preferences, scores and ranked comparisons, are available only to Registered Users.
- When using the Platform as a guest, your inputs and any associated data may be retained in session storage and may be lost when your session ends or your browser data is cleared.
Registration
- To create an Account, you must provide accurate, current and complete information and keep that information up to date. We may refuse to register, suspend or terminate any Account at our discretion.
- You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us promptly of any unauthorised access to or use of your Account.
- You must not share your Account or transfer it to any other person without our prior written consent. Each Account is for use by a single individual unless we agree otherwise in writing.
The Platform and how it works
- The Platform is a property comparison tool that allows you to enter personal preferences (such as price, location, commute distance and features), assign weightings to those preferences, evaluate multiple property listings against those preferences, and generate a ranked comparison based on the inputs you provide.
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Outputs generated by the Platform, including rankings, scores and comparisons, are produced solely on the basis of:
- the inputs and weightings you provide;
- the property and location data made available through Third Party Services; and
- the algorithms and methodologies we apply from time to time.
- We may, at any time and without notice, modify, update, suspend or discontinue any feature or function of the Platform, including the algorithms and methodologies used to generate outputs.
- Access to the Platform is provided on an “as is” and “as available” basis. We do not guarantee that the Platform will be uninterrupted, error-free, secure or free from viruses or other harmful components.
Invite a partner
- The Platform includes an invite a partner feature, which allows a Registered User to invite another person (a partner) to view and compare selected properties together. If you use this feature, the partner may be able to see the property listings, addresses, scores, notes, budget breakdowns, indicative loan repayments and other User Content that you choose to share with them.
- If you invite a partner, you are responsible for the invitation and for the information you choose to share. You must only invite a person who has consented to being invited, you must ensure you have all rights and consents necessary to share any information you disclose to them, and you acknowledge that once shared, that information will be visible to the partner. We are not responsible for how a partner uses any information you choose to share with them.
- You may only invite a partner and share information through the invite a partner feature where you give consent through the consent prompt presented in the Platform, and you may withdraw that consent and stop sharing with a partner at any time through the Platform. We will provide any person you invite with information about our collection and handling of their Personal Information in accordance with our Privacy Policy.
Acceptable use
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You must not, in connection with your use of the Platform:
- breach any applicable law, regulation or industry code, or use the Platform for any unlawful, fraudulent or deceptive purpose;
- infringe any Intellectual Property Rights, privacy rights or other rights of any person;
- introduce or transmit any virus, worm, malware or other malicious code, or otherwise compromise the security or integrity of the Platform;
- attempt to gain unauthorised access to the Platform, any related systems or networks, or any account belonging to another user;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Platform, except to the extent expressly permitted by law;
- use any robot, spider, scraper, bot, automated tool or similar means to access, harvest or extract data from the Platform without our prior written consent;
- use the Platform for any commercial purpose other than the personal property comparison purpose for which it is intended, or resell, sublicense or otherwise commercialise the Platform or any output, without our prior written consent;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- submit any false, misleading, defamatory or otherwise unlawful User Content, including in relation to any property listing; or
- interfere with, disrupt or place an unreasonable load on the Platform, our infrastructure or any related Third Party Service.
- We may, at our discretion and without notice, take any action we consider appropriate in response to a suspected or actual breach of this clause 5, including issuing a warning, removing User Content, suspending or terminating your Account or access to the Platform, and reporting the matter to law enforcement.
Decision-support only: no professional advice
- The Platform is provided as a decision-support tool only. The Platform is not a substitute for, and does not constitute, professional advice of any kind.
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Without limiting clause 6.1, the Platform and any output generated by it:
- is not financial product advice within the meaning of the Corporations Act 2001 (Cth);
- is not credit advice or a credit assistance service within the meaning of the National Consumer Credit Protection Act 2009 (Cth);
- is not real estate advice, a real estate appraisal, a property valuation or a recommendation to buy, sell, lease or invest in any property; and
- is not legal, tax, accounting, town planning or building advice.
- You are solely responsible for any decision you make in connection with the inspection, purchase, lease or sale of any property. Before making any such decision, you should obtain independent professional advice from a licensed real estate agent, valuer, lawyer, financial adviser, mortgage broker, building inspector and any other adviser whose advice may be relevant.
- Nothing in these Terms or your use of the Platform creates a fiduciary, advisory, agency, partnership, joint venture or employment relationship between you and us.
Third Party Services and Property Data
- The Platform integrates with, and relies on data made available through, Third Party Services, including the Google Places API. Your use of any Third Party Service is subject to that provider’s own terms of service and privacy policy, including, where applicable, the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
- We do not control, endorse or assume any responsibility for any Third Party Service or any Property Data, content, products or services made available through a Third Party Service. We make no representation or warranty as to the accuracy, completeness, currency, reliability or availability of any Third Party Service or any Property Data.
- A Third Party Service may be modified, suspended, withdrawn or made subject to additional terms or charges by the relevant provider at any time. We are not liable for any unavailability of, change to, or loss of access to any Third Party Service.
- You acknowledge that Property Data displayed on the Platform may be out of date, incomplete or inaccurate, and that we are not the source of, and do not verify, that data. You should independently verify any Property Data with the relevant agent, vendor or other authoritative source before relying on it.
User Content
- As between you and us, you retain all right, title and interest in and to your User Content. You are solely responsible for your User Content, including its accuracy, legality and the consequences of submitting it to the Platform.
- By submitting User Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, modify, adapt, communicate, publish and otherwise use that User Content solely for the purpose of operating, providing, improving and promoting the Platform and the Services.
- You also grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce and exploit User Content in an aggregated and de-identified form for our internal business purposes, including analytics, benchmarking and product development, provided that the aggregated and de-identified data does not identify you.
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You represent and warrant that:
- you have all rights necessary to submit your User Content and to grant the licences in this clause 8;
- your User Content does not infringe any Intellectual Property Rights, privacy rights or other rights of any person; and
- your User Content is not unlawful, defamatory, misleading, harassing, obscene or otherwise objectionable.
- We may, at our discretion and without notice, remove, edit or refuse to display any User Content that we consider, acting reasonably, breaches these Terms or is otherwise inappropriate.
Intellectual property
- All Intellectual Property Rights in the Platform, including the design, layout, software, source code, algorithms, text, graphics, logos, trade marks and any other content (other than User Content and Third Party Service content), are owned by or licensed to us.
- Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform for your personal, non-commercial use of the Services. No other rights are granted, by implication or otherwise.
- You must not copy, reproduce, modify, adapt, translate, publish, distribute, sublicense, sell, lease or otherwise exploit any part of the Platform or its content except as expressly permitted by these Terms or by applicable law.
- If you provide us with any feedback, suggestions or ideas about the Platform, you assign to us all Intellectual Property Rights in that feedback, and we may use it for any purpose without compensation or attribution to you.
Privacy and data handling
- Our handling of your Personal Information is governed by our Privacy Policy, which is incorporated into and forms part of these Terms. By using the Platform, you acknowledge and agree that your Personal Information will be collected, used, stored and disclosed in accordance with our Privacy Policy.
- We handle Personal Information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and, where applicable to you, the GDPR. Where another applicable privacy law in your jurisdiction provides you with rights, we will comply with those rights to the extent legally required.
- You acknowledge that the Platform may be accessed from any country and that your Personal Information may be transferred to, stored in, and processed in jurisdictions outside the country in which you reside, including Australia and the jurisdictions in which our service providers operate.
- You are responsible for ensuring that any Personal Information of third parties you submit to the Platform has been collected lawfully and that you have all necessary rights and consents to submit it.
Consumer guarantees and warranties
- Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any applicable law, including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), where to do so would be unlawful.
- To the maximum extent permitted by law, all express or implied representations, warranties, conditions, guarantees and terms in respect of the Platform are excluded.
- Where the Platform is supplied to you as a consumer within the meaning of the Australian Consumer Law and we are entitled to do so, our liability for breach of any consumer guarantee in relation to services is limited, at our option, to the resupply of the services or the payment of the cost of having the services resupplied.
Limitation of liability
- To the maximum extent permitted by law, we are not liable to you for any indirect, special, incidental, consequential, exemplary or punitive loss or damage, or for any loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of data, or loss arising out of any decision made in reliance on the Platform or any Property Data, however arising and whether in contract, tort (including negligence), under statute or otherwise.
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To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or your use of the Platform, however arising and whether in contract, tort (including negligence), under statute or otherwise, is limited to:
- where you are a Registered User who has paid fees to us, the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the liability; or
- in any other case, AUD $100.
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We are not liable for any loss or damage arising from:
- any inaccuracy, omission or error in any Property Data or Third Party Service;
- any decision made by you, or any contract entered into by you, in connection with the inspection, purchase, lease or sale of any property;
- any unauthorised access to or use of your Account or User Content arising other than as a direct result of our breach of these Terms; or
- any Force Majeure Event.
- Each limitation in this clause 12 applies separately and is to be read down only to the minimum extent necessary to give it effect.
Indemnity
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You indemnify us, and our officers, employees, contractors and agents, against all losses, damages, costs (including legal costs on a full indemnity basis), liabilities and expenses suffered or incurred arising out of or in connection with:
- your breach of these Terms;
- your breach of any law in connection with your use of the Platform;
- any User Content submitted by you, or any third party claim that User Content infringes their rights; or
- any fraudulent, wilful or negligent act or omission by you in connection with your use of the Platform.
- Your liability under clause 13.1 will be reduced proportionately to the extent that any loss is caused or contributed to by our act or omission.
Suspension and termination
- You may stop using the Platform at any time. If you are a Registered User, you may close your Account by following the process made available on the Platform or by contacting us at the address set out in clause 15.
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We may, at our discretion and without liability to you, suspend or terminate your access to the Platform or your Account, in whole or in part:
- if you breach these Terms, or we reasonably suspect that you have done so;
- if required by law or by a request from a regulator or law enforcement body; or
- for any other reason, on reasonable notice.
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On termination of your access or Account:
- your right to access and use the Platform ceases immediately;
- we may delete your Account and any associated User Content, subject to any obligation we have to retain that information under applicable law or in our Privacy Policy; and
- any clause of these Terms which by its nature is intended to survive termination, including clauses 6, 8, 9, 11, 12, 13, 14.3 and 17, continues in full force and effect.
Notices and contact
- Any notice or other communication to us must be in writing and sent by email to support@compareyourrealestate.com or by post to our address set out in the Introduction. A notice is taken to be received when it would, in the ordinary course of post or transmission, be received.
- We may give you notice by posting it on the Platform, or, if you are a Registered User, by sending an email to the email address associated with your Account. A notice given in this way is taken to be received on the day it is posted or sent.
Force majeure
- Neither party is liable for any failure or delay in performing its obligations under these Terms (other than an obligation to pay money) to the extent that the failure or delay is caused directly by a Force Majeure Event, provided that the affected party uses reasonable endeavours to minimise the impact of the Force Majeure Event and to resume performance as soon as practicable.
- If a Force Majeure Event continues for more than 60 days, either party may terminate these Terms (or, in the case of you as a Registered User, close your Account) by giving 14 days’ written notice to the other party, without liability to the other party (other than for amounts already due and payable before the Force Majeure Event).
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For the purposes of these Terms, Force Majeure Event means any event or circumstance beyond a party’s reasonable control, including:
- acts of God, flood, earthquake, storm, cyclone, fire or other natural disaster;
- epidemic, pandemic or public health emergency declared by a government authority;
- war, invasion, acts of terrorism, riot or civil unrest;
- strike, lockout or industrial action (other than involving the affected party’s own personnel);
- government action, law, regulation, order or embargo; and
- failure of third-party infrastructure, including telecommunications networks, internet service providers, cloud hosting services or power networks.
- For the avoidance of doubt, a Force Majeure Event does not include financial difficulty, inability to pay, or a change in market conditions or exchange rates.
General
- Governing law and jurisdiction: These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
- Entire agreement: These Terms, together with our Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and us in relation to your use of the Platform and supersede all prior representations, communications and agreements in relation to that subject matter.
- Severance: If any provision of these Terms is or becomes invalid, illegal or unenforceable, that provision is severed to the minimum extent necessary, and the remaining provisions continue in full force and effect.
- Waiver: A failure or delay by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver is only effective if given by us in writing.
- Assignment: You must not assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent. We may assign, novate or otherwise transfer our rights or obligations under these Terms at any time without your consent.
- No agency: Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between you and us.
- Relationship with Privacy Policy: If there is any inconsistency between these Terms and our Privacy Policy in relation to the handling of Personal Information, the Privacy Policy prevails to the extent of the inconsistency.
- Electronic acceptance: Your Acceptance of these Terms is given electronically in accordance with clause 2.1. No physical signature is required, and these Terms have the same legal effect as a written agreement signed by you.