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 makes property information available and advertises properties for sale and for rent.

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. 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 or rent on the onthehouse site, the accuracy or truth of any advertising listings on the onthehouse site or the ability of sellers, buyers, landlords or tenants 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 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 website or facilities 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/rent a property via the onthehouse site.

If you are a vendor, or acting on behalf of a vendor, you must be legally able to sell or rent the property you are advertising.

Verification

We reserve the right (but are not required) to verify the availability of properties offered for sale and rent, 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 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.

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 information 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 pages 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.

Transaction Currency

All transactions are processed in AUD.

Refund Policy

Please choose carefully.  We do not normally give refunds for change of mind or if you make a wrong decision.  You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the products purchased on the website or doesn't do what it is supposed to do.

Security Policy

When purchasing from onthehouse.com.au your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre at info@onthehouse.com.au

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 may consent to receive correspondence from us. This may include email alerts as well as our newsletters. The email alerts and newsletter may contain information about third party products and services and/ or advertisements by third parties. You may change the status of your email alerts or opt-out from receiving our newsletters at any time through your profile on our website.

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.

Direct Marketing

Use of the information available on onthehouse.com.au for direct marketing purposes is prohibited.  Direct Marketing is defined as one to one marketing, normally supported by a database, which uses one or more advertising media to affect a measurable response and / or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging, postal canvassing and list brokering.

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.

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.

Property Data

Property 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.  This data includes (but is not limited to) sold dates and prices, photos, key property attributes and other property information.

In consideration of onthehouse permitting use of the property 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.

You are not permitted to:

• Use the information provided on the site for anything other than your own personal or internal business purposes
• On-sell or sub-license the information
• Otherwise disclose or provide the information for anything other than your own personal or internal business purposes
• Alter the format, meaning or substance of the information provided on the site.

 

Where you are disclosing or otherwise providing the information in any form to any other person in accordance with the permitted use, you are required to:

• Use best endeavours to ensure that the third party provided the information complies with the relevant Privacy Legislation
• Act reasonably in dealing with any complaints made in relation to the information and the relevant Privacy Legislation
• Notify onthehouse.com.au of any privacy complaints made in relation to the information.

 

New South Wales

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.

Queensland

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.

Use of Personal Identification Information included in the Queensland Sales and Valuations Data is governed by the Personal Identification Information in Property Data (PIIPD) Code of Conduct.  Users of this data should be aware of this Code (Available online  here) and must agree to assist the Code Oversight Committee with any investigation in relation to the Code.

Australian Capital Territory

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.

Victoria

Information provided for Victorian properties has been in part developed by using some property information provided under licence by the State of Victoria. To the extent that this report has been developed using information owned by the State of Victoria, the State of Victoria owns the copyright in the Property Sales Data which constitutes the basis of the information presented on this website. Reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the information contained in this report and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.

South Australia

Information provided for South Australian properties has been developed in part by using some property information provided under licence to Residex Pty Ltd. Residex is required to make the following statements with respect to any information that is in turn provided to you by this website:
WARNING: The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State of South Australia (the 'State'). The information is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State. The software by which the information is provided is not represented to be error free. No responsibility is accepted by the State for any reliance placed by any person upon the information, or the software by which it is provided. Persons acquiring or using the information and its associated software must exercise their independent judgment in doing so.
COPYRIGHT: Copyright in the information remains with the Crown in right of the State of South Australia. The information is reproduced under licence from the Crown.
PRIVACY: The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

Content Provided to Onthehouse

By providing content (in the form of an advertisement or any other form) to Onthehouse, 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.
The supplied content may include text descriptions, graphics, pictures and other content relevant to the target property. We reserve the right to modify or refuse any content 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 the supplied content. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit.
Subject to these Terms and Conditions of Use, we will use our reasonable endeavours to display your content in the format submitted by you and in accordance with your placement instructions.  However, we make no guarantees or representations regarding the display of the content.
onthehouse is not liable for any loss caused to you as a result of submitting content to the site.

Placing of Advertisements

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

Agent Advertisements

Onthehouse does not charge a fee to registered real estate agents who run a traditional real estate agency to list a property for sale or for rent on onthehouse.com.au.

If you are a real estate agent or agency, in order to place an advertisement on the website, you must 

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.

Content of a For Sale Advertisement

By providing content (in the form of an advertisement or any other form) to onthehouse, 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.

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.

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

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.

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 email 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.

Fees and Payment Terms

Fees for various products and services are as displayed on the website.

Any fees you pay to place an advertisement, or consumer any other service 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.

To make a payment on the website you may use a Visa or MasterCard credit card via the Transaction Network Services 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 Transaction Network Services.  Transmission of your credit card details is made through the Transaction Network Services 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 advertisement for approval until a successful payment has been confirmed.

GST

All prices on the website are inclusive of GST.

You are responsible for paying all fees and taxes (including GST) associated with consuming any services on the site.