Terms and Conditions of Use

The Terms and Conditions of Use are governed by the laws of the State of Queensland, Australia.

The onthehouse site is an online advertising medium and marketplace that advertises properties for sale by both real estate agents and private sellers.

We are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about properties advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any properties advertised for sale on the onthehouse site, the accuracy or truth of any advertising listings on the onthehouse site or the ability of sellers and buyers to actually enforce or complete a transaction.

By choosing to use our website you are accepting the Terms and Conditions of Use of our website. Should you object to any of the Terms and Conditions on our website, you should immediately stop using the onthehouse website.

Restrictions on Use

This website and the information and facilities (including Sell Your Property) contained on this website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of onthehouse Pty Ltd ACN 124 007 183 (“onthehouse”). onthehouse reserves the right to permanently ban and/or notify the appropriate authorities of any person that uses, or attempts to use, the Sell Your Property facility for illegal purposes, or who posts, or attempts to post, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.

In addition, you must not:

• data mine or conduct automated searches on the site or the content on the site, whether through the use of additional software or otherwise;
• incorporate any of the content on the site with any other material, including advertising or promotional material;
• create links from the site to any other website on the Internet, or frame or mirror the site without our prior written consent;
• use the site or any facilities available on the site to defame, harass, threaten, menace or offend any person;
• tamper with, hinder the operation of, or make unauthorised modifications to the site or any content on the site;
• knowingly transmit any virus, worm or other disabling feature to or via the site;
• use the site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
• use the site or any facilities available on the site for any activities, or transmit to or via the site any information or material (including submitting ads), which:
• breach any laws or regulations;
• breach these Terms;
• infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
• are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
• are false or misleading;
• are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
• identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; or
• attempt to do, or permit another person to do, any of the above acts.

You access the onthehouse website at your own risk and you are responsible for compliance with the laws of your jurisdiction and these Terms and Conditions of Use.

Minimum Age and Legal Rights to Sell or Request

You must be at least 18 years of age to place an advertisement with onthehouse or purchase a property via the onthehouse site.

If you are a seller you must be legally able to sell the property you are advertising.

Verification

We reserve the right (but are not required) to verify the availability of properties offered for sale and to verify the information contained in any advertisements (including ownership information). You agree that we may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as we reasonably require.

Access to onthehouse site outside Australia

We do not represent or warrant that the content on the website complies with the laws of any country outside of Australia. If you access the website from outside Australia, you do so at your own risk.

Disclaimer

All information contained on this website (including the content of advertisements placed on the website) is for informational purposes only.

onthehouse does not guarantee or warrant that the information on this website is accurate, current or complete and will not be held responsible for any errors or omissions.  onthehouse does not endorse or approve the content posted in advertisements on the website and will not be responsible or liable in any way for its content or accuracy.  onthehouse makes every effort, but cannot guarantee the screening of any content posted on the website prior to publication and is not responsible and accepts no liability for the content contained in any advertisements.

onthehouse, its staff or representatives are not liable to users of this website for any loss or damage suffered by a person or entity on the basis of, or in reliance upon, any of the information contained on this website.

Information on, or posted on this website may be amended by onthehouse, without notice, at any time. onthehouse reserves the right to remove without notice any advertisement posted on the website for any reason.

onthehouse provides the website to you unaltered but subject to all defects whether patent or latent. onthehouse does not warrant or guarantee to you that the website will be available for use at all times and free from faults or errors. 

Third Party Content

This website contains links to third party websites. These links are provided for your convenience only.

These websites may not be controlled by onthehouse. onthehouse does not endorse or approve of the views or content of these websites.  onthehouse will not be held liable for the content or views contained on these websites or for any loss or damage suffered as a result of your use of a third party website.

Copyright & Trade Marks

The material contained on this website, the software, design, text, graphics and layout comprising the website are owned by or licensed to onthehouse and protected by copyright. 

You are not authorised to use or modify any of the trade marks or logos (registered or unregistered) on this website without the written permission of onthehouse.

You may download and print individual advertising listings from the onthehouse site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the onthehouse site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth).  In particular, you must not reproduce or use any of the advertising listings on the onthehouse site for commercial purposes or for commercial gain.

Competitions

By entering into competitions run by onthehouse, you agree to have your name posted on the onthehouse website in the event that you are a winner. Further conditions apply to entry of onthehouse competitions, as displayed on the competition pages.

Privacy

onthehouse may collect personal information about you through its website, surveys or competitions or if you subscribe to any services provided by onthehouse. This personal information may include your name, contact details and any other specifically requested information (“Information”).

Information collected about you is subject to our Privacy Policy. By your use of the website, you consent to the collection and use of the Information for storage, processing and use by onthehouse and its affiliates in accordance with the Privacy Policy.

Severability

If any of these Terms and Conditions of Use are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

No waiver

If we do not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.  If you do not act in relation to a particular breach by us of these Terms and Conditions of Use, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

Correspondence from onthehouse

If you register as a member of the site, you will consent to receive correspondence from us. This may include email alerts as well as our newsletter. If you have listed a property on the site, our correspondence to you may also include information regarding the status of your advertisement, confirmation of the receipt and publication of your advertisement, confirmation of any changes made by you and notification of possible changes to the status of your advertisement. You will also be notified of any changes to the site or associated websites that may have a direct effect on the content or appearance of your advertisement.  This correspondence forms part of the member service and is necessary for the management of your account. If you do not wish to receive this correspondence please do not register as a member of the site.

Changes to these Terms

From time to time, we may need to change these Terms and Conditions of Use to reflect our changing business. We may also need to change these Terms and Conditions of Use if we are required by law, for security reasons or for technical or infrastructure reasons.

We may change the Terms and Conditions of Use at any time by posting the changed Terms and Conditions of Use on the onthehouse site. If you are a seller or real estate agent, these changes will not apply to ads that you have already placed on the site.

Agency

We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms and Conditions of Use.

This Agreement constitutes the whole agreement

This document, the online application and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled.

Indemnity

By placing an advertisement on the onthehouse website, you indemnify onthehouse against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that onthehouse incurs or suffers as a direct or indirect result of:

• a breach by you of these Terms and Conditions of Use;
• an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any advertisement posted on the onthehouse site;
• any claims brought by or on behalf of any third party relating to any act or omission by you caused by any advertisement placed on the onthehouse site; or
• an advertisement or any proposed advertisement posted by you on the onthehouse site.

Historical Sales Data

Historical sales data is made available to users of the site and is sourced from various providers, including State and Territory Government agencies as well as agent and private seller notifications to onthehouse.

In consideration of onthehouse permitting use of the historical sales data you acknowledge and agree that onthehouse gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Users of the historical sales data provided by the Department of Lands, New South Wales are prohibited from:

• using the property sales information (historical sales data) other than for their own internal business purposes;
• on-selling, sublicensing, disclosing or otherwise providing property sales information in any form to any other person;
• altering the format, meaning or substance of any property sales information supplied;
• removing the notice displayed at the bottom of the property sales information; and
• requires users of the property sales information to comply with the Privacy Legislation and give notice to onthehouse of any privacy complaints made in connection with the property sales information.

Users of the historical sales data provided by the State of Queensland (Department of Natural Resources and Water) [2007] acknowledge the historical sales data may be based on or contain data provided by the State. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Browsers that make use of the historical sales data for the Australian Capital Territory acknowledge the Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or othersie) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries relating to the Territory Data should be directed to: Director, Customer Services, ACT Planning and Land Authority, GPO Box, 1908, Canberra, ACT 2601.

Placing of Advertisements

The placing of advertisements on the website is subject to these Terms and Conditions of Use.

Agent Advertisements

If you are a real estate agent or agency, in order to place an advertisement on the website, you must contact onthehouse directly to obtain a separate account and a unique identifying number.

Once an agent or agency has a valid account, properties can be uploaded to the website either directly through the website or via an XML data feed. XML data feeds may be transmitted by the agency or through a third party multi loader of real estate properties.

Private Seller Advertisements

If you are a private seller, in order to place an ad for publication on the website you must:

• complete and submit the online application (Application); and
• commit to paying the advertising fee as particularised below (Advertising Rates and Payment Terms).

Content of Ad

By requesting that an advertisement be placed on the website, you are agreeing that the information is non-confidential for all purposes. You are granting permission to the public to use, copy, distribute and display your communications.

Your advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that property. In addition, any phone number provided by you for listing in an advertisement must be yours, or you must have permission to use it.  You must ensure that any phone number listed in your advertisement is correct. We reserve the right to modify or refuse any ad which appears reasonably unsuitable to us.

You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your advertisement. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your advertisement.

Subject to these Terms and Conditions of Use, we will use our reasonable endeavours to display advertisements in the format submitted by you and in accordance with your placement instructions.  However, we make no guarantees or representations regarding the display of your advertisement. We also reserve the right to select, edit, condense, determine the duration of, withdraw or refuse an advertisement.

You must state the full selling price of the property in an advertisement in the appropriate sections made available for this purpose in the advertisement placement form.  You may however, opt for the price not to be available to browsers. If this is the case, you must be prepared to enter into negotiations once contacted regarding the property.

You may cancel or withdraw your advertisement at any time. No refunds will be provided on advertisements which have been paid for prior to cancellation or withdrawal.

It is your responsibility to remove your advertisement from the site upon the sale of the property by using the “My Profile” section of the site. You must advise of the sale of your property along with the details of the buyer of your property when a formal contract of sale of the property has been signed by both parties.

onthehouse does not warrant or guarantee that you will receive a response to your advertisement from potential buyers onthehouse is not responsible for any misrepresentations made by a potential buyer when enquiring about a property. 

onthehouse is not liable for any loss caused to you as a result of entering into a contract of sale with a buyer who was sourced from the onthehouse site.

Change in Property Circumstances

Whether you are an agent or private seller, you must notify onthehouse within 7 days, of a change in circumstance relating to your property listed on the onthehouse website. A change in circumstance includes but is not limited to:

• withdrawal of the property from the sales market;
• the property is placed under contract; or
• the property sale is settled between the parties.

onthehouse monitors sales of properties listed on our website. If onthehouse has to pursue a private seller for confirmation of a change in property circumstance, you accept onthehouse will be entitled to recover an administrative charge from you of $250.00.

Free Agent Banner Advertisement

The onthehouse website has been designed to recognise the agency with the highest number of new property listings within designated search locations of each State and Territory in Australia, within each Calendar Month.

The top 5 agencies for each designated searched location for each Calendar Month will be eligible to have their agency logo displayed on the onthehouse site for the Calendar Month immediately following the highest rating month.

The agency rated with the most new listings within the Calendar Month will be eligible to have their logo displayed on the first page of the listings for the searched location. The second highest rating agency will be displayed on the second page and so forth through to the fifth highest rated agency on the fifth page.

If there are more than five pages of listings for the searched location, the order will be repeated from highest rating agency on page six of the advertised listings through to whichever is the final page for that location.

If there are less than five agencies for the location, the rotation of agency logos through the pages will reflect the lesser amount of those agencies for the location.

Determination of the top five highest number of new listings for each month within designated locations, by the onthehouse website, will be final and no correspondence will be entered into.

Fair Trading Legislation

If you are a commercial advertiser in Victoria, section 29 of the Fair Trading Act 1999 (Victoria) applies to your ad. Section 29 of the Fair Trading Act 1999 (Victoria) requires businesses to identify themselves in their advertisements by publishing the name and/or address of the business, the business registration or licence number, or the business name registration number.  If you fail to identify your business by publishing these details, then we must keep a record of your name and address for at least 12 months.

If you are a commercial advertiser in Tasmania, section 23 of the Fair Trading Act 1990 (Tasmania) applies to your advertisement.  Section 23 of the Fair Trading Act 1990 (Tasmania) prohibits businesses from listing their address as a private box number unless the advertisement also includes the business' name and business address or the name and residential address of the person who has rented or obtained the private box number.

Support

onthehouse provides telephone support to you for technical issues that may arise from time to time.

You acknowledge that onthehouse will use their best endeavours when providing telephone support but are not obliged to have a solution for each and every technical issue that may arise.

Advertising Rates and Payment Terms

There are two payment options available to private sellers on the onthehouse site.

1. A private seller may elect to pay $250.00 (inclusive of GST) at the time of listing the property for sale (Upfront Payment Method). Listing fees for the Upfront Payment Method are charged at the time of placement of the ad and are non-refundable.
2. Alternatively, private sellers may list properties using the “no up-front cost to list” method, with a 0.5% commission (calculated on the sale price of the property) plus GST, payable only if the property is sold through the onthehouse site or through use of an onthehouse for sale sign.

Listing fees for the “no up-front cost to list” method are payable upon settlement of the sale of the property if the buyer contacted you through the onthehouse site or via an onthehouse for sale sign.  The private seller must have a cheque payable to onthehouse at the settlement of the sale of the property, in the sum equivalent to the value of 0.5% of the sale price of the property (plus GST).

If you fail to pay the Listing fee at the time of settlement of the sale of the property to onthehouse, you acknowledge onthehouse will seek to enforce payment of the Listing fee by you to onthehouse together with liquidated damages, being interest on the sum of the unpaid Listing fee in the amount of 15% per annum calculated to the date that payment is made, plus legal costs incurred.

If you sell your property through a real estate agent rather than via the onthehouse site or via an onthehouse for sale sign and you chose the “no up-front cost to list” method, no listing fee will be payable.

Any fees you pay to place an advertisement on or via the onthehouse site do not grant you exclusive rights to any web pages on the onthehouse site.  We may, without your consent or any payment to you, place third party advertisements on any web page within the onthehouse site.

All advertisements remain on the onthehouse site until removed by you or where we consider the advertisement no longer valid due to inactivity on the user’s account.  We will attempt to contact you prior to removing your advertisement in this case.

We may charge you an account-keeping fee if you fail to pay for your “no up-front cost to list” advertisement by the required date.  Details of such fee will be set out in your invoice and/or reminder notices.

To place an advertisement using the Upfront Payment Method on the website you may use a Visa or MasterCard credit card via the Dialect payment system.  We do not permanently store or record credit card numbers.  However, we may for a short term temporarily store credit card numbers prior to them being sent to Dialect.  Transmission of your credit card details is made through the Dialect payment system to the Bank and we receive and display a response to your transaction, which is also sent to you via your registered e-mail address.  We use 128 bit encryption to ensure security of your details.  You should ensure that a locked padlock symbol appears at the foot of your browser window when you are entering your payment details.  We do not accept your Upfront Payment advertisement for approval until a successful payment has been confirmed.

Buyers Free Conveyance Offer

Buyers who are successful in the purchase of a property advertised on our website through the “no up-front cost to list” method will be eligible to receive a free legal conveyance, excluding the associated costs and disbursements from an onthehouse nominated conveyancing solicitor in the relevant jurisdiction.

As a Buyer, you acknowledge the engagement of the nominated conveyancing solicitor is by you and not onthehouse and that the nominated conveyancing solicitor is acting on your behalf.

GST

The listing fee of $250 for the Upfront Payment Method is inclusive of GST. GST is payable in addition to the 0.5% commission on the No Up-Front Cost to List Method and is only payable upon settlement of the sale of the property.

You are responsible for paying all fees and taxes (including GST) associated with placing an advertisement on the site.

For Sale Signs

For Sale Signs are available to be purchased by private property sellers from onthehouse. These signs are weatherproof corflute (600mm x 900mm) and come together with a wooden stake and assembly kit.  A property ID number will be affixed to the sign to make it highly visible to drivers by.

All prices displayed on the site in relation to for sale signs include postage, handling and GST and are in Australian dollars.

To order a for sale sign on the website you may use a Visa or MasterCard credit card via the Dialect payment system.  We do not permanently store or record credit card numbers.  However, we may for a short term temporarily store credit card numbers prior to them being sent to Dialect.  Transmission of your credit card details is made through the Dialect payment system to the Bank and we receive and display a response to your transaction, which is also sent to you via your registered e-mail address.  We use 128 bit encryption to ensure security of your details.  You should ensure that a locked padlock symbol appears at the foot of your browser window when you are entering your payment details.  We will not dispatch your for sale sign until a successful payment has been confirmed.

We may charge you an account-keeping fee if your credit card is declined. Details of such fee will be set out in your invoice and/or reminder notices.

For sale signs will be dispatched within 1 business day of confirmation of successful payment.  You should receive your sign within 7 days but in some cases, delivery may take up to 10 days.  If you do not receive your sign within this time, we will be happy to provide a refund of the amount paid.

If you receive your sign in an unsatisfactory condition, we will also refund the full payment.