Terms and conditions
1. Terms of Access
This website is owned and operated by RealPrivate.com.au (RealPrivate). The material on this website is copyright to RealPrivate, unless otherwise disclosed. This website is available for you to access, conditional upon your acceptance, without alteration, of the Terms and Conditions set out below. “FiSBO” clients remain separate to RealPrivate.com.au clients and no support will be provided by RealPrivate.com.au.
By continuing to access this website and in the event of engaging our service through RealPrivate, you agree and consent to the Terms and Conditions contained herein (as amended from time to time).
RealPrivate is a web based facilitator of real estate services. It provides the opportunity for private owners to list their property and to market their property without engaging a traditional real estate agent.
RealPrivate reserves the right to change these Terms and Conditions, this website and other polices at any time and from time to time. Revised Terms and Conditions will be made available on this website and you are responsible to review Our Terms and Conditions from time to time to check for updates. You agree and consent to the Revised Terms and Conditions by continuing to access this website.
2. Fees and Charges
The Listing fee is charged once and includes all administration charges in creating the property profile for you, including creating online advertising campaigns. FiSBO listings are “DIY” listings and include no support or assistance in managing your listing. If you require assistance in this process – additional charges do apply.
The Monthly fee (if applicable) is paid in advance for the whole month and is referenced as the ‘billing cycle’. The billing cycle runs from the date your advertisement is published on the internet and falls due on that same date for each following month. There are no pro rata payments for the Monthly fee. Failure to pay the ongoing monthly fees will result in your property being removed from our service.
All charges are inclusive of GST and are subject to change. Current fees and charges can be found at www.FiSBO.com.au
There is no minimum term for sign up. The property will be listed until it is sold or we are instructed by you to remove the listing, your subscription is expired or the listing is removed at our discretion. You can cancel your listing by logging into your account and clicking on “cancel”. If you’ve misplaced your username and password, these can be requested by clicking on “forgot password” on our account log in page.
To access your client profile you will be issued with a username and password (UNPW). Once you log in you will be able to make changes to your listing, update inspection times, amend property descriptions and upload or change photography.
You should immediately notify RealPrivate if you consider that someone has accessed your client profile without your authorisation. If you’ve misplaced your username and password, these can be requested by clicking on “forgot password” on our account log in page.
RealPrivate must verify all uploads and amendments to all profiles. This process can take up to 2 business days and in accordance with item 13.3 of these terms and conditions.
5. Contact details
Under no circumstances are you to enter your contact details including contact name, contact number, email address etc. on the listing. If you would like potential purchasers to contact you directly please request the RealPrivate 24/7 reception service. Details of this service are available on our website.
Your property will be listed once RealPrivate receives and verifies the following information;
1. Complete property details including Headline, Description, Bedrooms, Bathrooms, Car accommodation and Price – and for rental properties Availability Date,
2. At least one photograph of the property,
3. Payment for your listings,
5. Completed Ownership confirmation including Photographic Identification and a Rates Notice or other proof of ownership or purchase – you can complete this item by logging into your account and clicking on Ownership.
Once all these items are received your listing will be audited and approved by one of our staff. Our commitment to you is that all complete applications to list received by 4pm on a business day and in accordance with 13.3 of our terms and conditions will be assessed and published that same business day. Applications received outside business hours will be processed the following business day. By submitting a request to list your property with RealPrivate, you agree to be bound by these terms and conditions.
7. Third Party Sites
RealPrivate subscribes to third party sites (“Partner Sites”). Access to these sites is at the absolute discretion of RealPrivate and RealPrivate does not guarantee the continuity of these sites.
Your failure to comply with any of the terms and conditions contained herein may result in your property being immediately removed from RealPrivate at our sole discretion.
9. Disclaimers and Exclusions
You acknowledge and agree that RealPrivate makes no warranty of any kind to you, to the fullest extent permissible by law, in respect of any matter, including, without limitation:
1. In respect of the Services: their fitness for purpose, or suitability for you;
2. the infringement of third party rights;
3. any third party associated with performing the Services, at the request of RealPrivate or otherwise, and their ability to provide such Services; or
4. the accuracy of any information contained in this website or otherwise communicated by RealPrivate.
RealPrivate does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this website. RealPrivate strongly advises that you seek professional advice before deciding whether to engage RealPrivate to provide the Services.
To the fullest extent permitted by law, neither RealPrivate nor any of its affiliates, employees, subsidiaries or holding company shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or with the use of any information contained herein or otherwise communicated to you by RealPrivate , for any reason whatsoever, including without limitation the use or inability to use this website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income.
RealPrivate makes no representations or guarantees that a person using this site will sell their home/property or lease their property.
10. Intellectual Property
All intellectual property rights including, without limitation, trademarks, service marks, trade names, copyright and other rights used or embodied in this website are the sole property of RealPrivate and must not be used without its express written consent.
RealPrivate reserves all intellectual property rights, including, but not limited to, copyright in material and/or Services provided by it. The material provided on the website is provided for personal use only and may not be:
1. re-sold and/or re-distributed in any material form;
2. stored in any storage media; and/or
3. re-transmitted in any media, without the prior written consent of RealPrivate.
11. Website Security Policy
RealPrivate does not warrant the accuracy, completeness or suitability of any information provided on this website and excludes to the fullest extent permissible by law liability for any error, inaccuracy or omission contained on this website or any information provided by RealPrivate.
RealPrivate is not responsible for loss or damage arising from any third party accessing your personal information or details upon sending correspondence to you via the details submitted to RealPrivate by you.
Hyperlinks and references to other internet resources are provided and used at the risk of the party accessing this website and the content, accuracy, opinions expressed, together with other links provided by these resources are not the property of RealPrivate nor are they investigated, verified, monitored, or endorsed by RealPrivate in any manner.
In accessing this website, you acknowledge that data transmission and storage over the internet, including via this website, cannot be guaranteed to be secure and accordingly RealPrivate does not warrant the security of any information you transmit.
12. General Terms
Your use of this site is governed by the laws of Victoria and you agree to submit to the non exclusive jurisdiction of the Courts of Victoria.
Any failure by RealPrivate to enforce a provision of these terms and conditions shall not constitute a waiver or affect the validity of these terms.
In the event of any term or condition being held to be invalid, illegal, unlawful or otherwise being Incapable of being enforced, that term or part thereof shall be deemed to be severed and of no force and effect and the remaining terms and conditions shall remain valid and enforceable.
The parties warrant they have the authority to enter into this agreement.
13. Limitation of services
The Owner hereby acknowledges that:
1. RealPrivate assists the Owner to conduct a private sale of their property by providing marketing services does not act on behalf of the owner in relation to a sale.
2. for the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) RealPrivate does not act on behalf of the owner in relation to a sale and therefore will not conduct a preliminary physical inspection of the property.
3. RealPrivate provides the “FiSBO” discount product in Queensland, New South Wales, Victoria, South Australia, Tasmania and Western Australia only, it is not available in Northern Territory or Australian Capital Territory. We operated in Victorian time zone Monday to Friday 10am to 4pm and are closed outside these times and on Victorian public holidays. Your listing however will be available at all times online subject to the provisions of item 7 of our terms and conditions, but changes and approvals will not be processed outside these hours of operation.
RealPrivate is committed to safeguarding your privacy in accordance with the Australian National Privacy Principles outlined in the Privacy Act 1988.
RealPrivate will take all reasonable steps to preserve the security of your personal information, but you agree that your use of the website is at your own risk and RealPrivate disclaims any liability for any third party breach of the security of your information.
RealPrivate may preserve email and other enquiry correspondence received from you for the purpose of responding to your questions or for record keepings procedures.
This website may contain links to third party websites outside of the control of RealPrivate. If you access these websites through this Website and such third parties collect information about your visit, you authorise RealPrivate to collect or access such information.
You are responsible for maintaining the confidentiality and security of your login details. It is important to ensure that you logout of your account at the end of each use.