Welcome to Property Gateway! We provide a cloud-based platform intended to enhance the property buying experience by offering a range of powerful tools and features that simplify the process of navigating the real estate market.

Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• If you are a Buyer Agent, your Membership may be subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term.
• If you are a Buyer Agent, unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing basis for the same period of time (being either a monthly Membership period or yearly Membership period).
• We will handle your personal information in accordance with our privacy policy.
• Our liability under these Terms is limited to the Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been no Fees paid or Fees paid less than 12 months of Fees paid, the greater of an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time or $1,000), and we will not be liable for Consequential Loss.
• We will have no liability for any aspect of the Property Buyer and Buyer Agent interaction including the services offered by the Buyer Agent, or the Real Estate Agent or Buyer Agent interaction, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control.
• We receive a fee from Buyer Agents for use of the Platform. Access to some functionalities of the Platform will be at an additional fee.
• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.
• Nothing in these terms limit your rights under the Australian Consumer Law.

1. Introduction

These terms and conditions (Terms) are entered into between Property Gateway Australia Pty Ltd ABN 39 668 653 807 (we, us or our) and you, together the Parties and each a Party.

We provide a platform where buyer agents (Buyer Agents) and real estate agents (Real Estate Agents) and property buyers (Property Buyers) can connect and transact (Platform).

In these Terms, you means (as applicable) the person or entity registered with us as either a Property Buyer or a Buyer Agent or Real Estate Agent or the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

2. Acceptance and Platform Licence

• You accept these Terms by accepting these Terms on the Platform.
• You must be at least 18 years old to use the Platform.
• We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may delete your Account, or if you are a Buyer Agent and have a Membership, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you delete your Account or cancel your Membership, (a) you will no longer be able to use the Platform on and from the date of cancellation, and (b) if you are a Buyer Agent and have a Membership and you have paid Fees upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
• If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
• We may use APIs relevant to the provision of the Platform. Your use of third party APIs may be subject to their terms of use.
• Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;(b) using the Platform to defame, harass, threaten, menace or offend any person;(c) using the Platform for unlawful purposes;(d) interfering with any user of the Platform;(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);(f) using the Platform to send unsolicited electronic messages;(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or(h) facilitating or assisting a third party to do any of the above acts.

3. Accounts

You must register on the Platform and create an account (Account) to access the Platform’s features.

You may only have 1 Account as a Buyer Agent, 1 Account as a Real Estate Agent and 1 Account as a Property Buyer on the Platform.

You must provide basic information when registering for an Account including your contact name, telephone number and email address and you must choose a username and password. As a Buyer Agent or Real Estate Agent, you must also provide your business name, business address and business website as well as the details of your real estate agent licence.

You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

All personal information you provide to us will be treated in accordance with our Privacy Policy.

You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including, if applicable, purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

If you are a Buyer Agent or Real Estate Agent, we will review your request for an Account before approving the request. We may request additional information, including your real estate agent licence or registration number. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

As a Property Buyer and Real Estate Agent, it is free to use an Account on the Platform. There may be certain functionalities in the Platform which are available to you at a fee.

As a Buyer Agent, when you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods as set out on our Platform.

As a Buyer Agent or Real Estate Agent, you may invite authorised users (Authorised Users) to access and use our Platform under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our Platform. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on our Platform.

4. Platform summary

The Platform is a marketplace where (1) Property Buyers and Buyer Agents and (2) Real Estate Agents and Buyer Agents can find each other and use the Platform to simplify the property buying experience. We provide the Platform to users (including hosting and maintaining the Platform) and provide promotional opportunities for Buyer Agents and Real Estate Agents (together the Property Gateway Services). You understand and agree that we only make available the Property Gateway Services. We are not party to any agreement entered into between a Property Buyer and a Buyer Agent or between a Real Estate Agent and a Buyer Agent and we have no control over the conduct of Buyer Agents, Property Buyers, Real Estate Agents or any other users of the Platform.

• Buyer Agents: Can use the Platform to manage their portfolio of clients or properties. Buyer Agents will have access to functionalities of the Platform as described on propertygateway.au, including document management.
• Real Estate Agents: Can use the Platform to submit listings of their properties. Real Estate Agents will have access to functionalities of the Platform as described on propertygateway.au, including the ability to contact and interact with Buyer Agents.
• Property Buyers: Can use the Platform to search for property with advanced search filters. The Platform provides property insights and other functionalities as further described on propertygateway.au.

A Property Buyer may request to engage the services described by a Buyer Agent on the Platform (Buyer Agent Details) by sending a request through the Platform. The request is an offer from the Property Buyer to the Buyer Agent to use the services described in the Buyer Agent Details (Request). If the Buyer Agent accepts the Request through the Platform, it becomes a Confirmed Engagement. By accepting a Request, the Buyer Agent confirms that it is legally entitled to and capable of supplying the services described in the Request.

A Buyer Agent may also notify a Property Buyer that they can utilise the functionalities of the Platform to assist in their interaction with each other. Once a Property Buyer has created an Account on the Platform, it can issue a Request to the Buyer Agent to commence using the Platform for their interaction with that Buyer Agent.

Property Buyers and Buyer Agents agree to enter into written agreements in relation to the services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.

Buyer Agents must include all additional terms and conditions relating to their services in the relevant Buyer Agent Details or must clearly state that there are additional terms and conditions. By sending a Request, a Property Buyer is accepting the additional terms and conditions of the relevant Buyer Agent.

A Real Estate Agent may also use the Platform to interact and collaborate with a Buyer Agent.

5. Paid Features and Promotional Opportunities

As a Buyer Agent, Real Estate Agent or Property Buyer, you may choose to purchase additional paid features (Paid Feature), including, if you are a Buyer Agent or Real Estate Agent, paid promotional opportunities, such as a feature in our email marketing or placement on our Platform (Promotional Opportunity). Paid Features and Promotional Opportunities may be subject to fees and will be subject to the terms and conditions as set out in any Paid Feature offer or Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. In the event of any conflict between any Paid Feature or Promotional Opportunity terms and conditions and these Terms, the Paid Feature or Promotional Opportunity terms and conditions will prevail.

Communication: We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

6. Buyer Agent Memberships

• Membership: As a Buyer Agent, you may purchase a monthly or annual Membership by paying the Membership fees outlined on the Platform (Fees) in advance on a monthly basis (Billing Cycle). For the avoidance of doubt, if you purchase an annual Membership, the Membership fees will be payable in advance on a monthly basis.
• Free Trial: Your membership may begin with a free trial for the period specified on the Platform (Free Trial Period). Free trials are only available for new Account holders and we may limit eligibility to prevent free trial abuse. If you don’t cancel your Membership before the end of the Free Trial Period, the Billing Cycle will commence on the day after the Free Trial Period and the Fees are payable on the same date.
• Renewal: Your Membership will automatically renew at the end of the monthly or annual Membership period (as applicable) for the same period of time and you will be charged the Fees in connection with each subsequent monthly or annual Membership period (as applicable) unless and until you cancel your Membership.
• Refunds: The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
• Membership Inclusions: We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we make a substantial change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancellation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
• Membership Fee Changes: We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. We will apply the updated Fee to your Membership at the next monthly or annual Membership period (as applicable). If the updated Fee is not acceptable to you, you may cancel your Membership prior to the next monthly or annual Membership period (as applicable) in accordance with the ‘Cancellation of Memberships’ clause.

7. Payment

• Payment Methods: The payment methods we offer for the Fees, or any other payments that may be due under these Terms, are set out on the Platform. We may offer payment through a third-party provider [for example, Afterpay, ZipPay]. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
• Authority: You must not pay, or attempt to pay, the Fees, or any other payments that may be due under these Terms, by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
• Late Payment: If any Fees, or any other payments that may be due under these Terms, are not paid on time, we may suspend your access to the Platform; and charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
• Taxes: You are responsible for paying any levies or taxes associated with your use of the Platform, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

8. Transactions

The cancellation, variation, or refund of services originating on this Platform is strictly a matter between the relevant Property Buyer and Buyer Agent or Buyer Agent and Real Estate Agent.

The terms and conditions agreed to between the Buyer Agent and the Property Buyer must be set out clearly in the relevant Buyer Agent Details. Should the Buyer Agent and Property Buyer agree to a refund of the fees between them, both the Buyer Agent and Property Buyer acknowledge and agree that the fees are refundable in accordance with the Consumer Law Rights.

For disputes between Property Buyers and Buyer Agents or Real Estate Agents and Buyer Agents, we encourage Parties to attempt to resolve disputes (including if applicable claims for returns or refunds) with the other Party directly and in good faith, through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws. We are not a party to any transaction between Property Buyers and Buyer Agents or Real Estate Agents and Buyer Agents and it is not our obligation to assist with any resolution of disputes between these parties.

This clause will survive the termination or expiry of these Terms.

9. Intellectual Property

All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

You must not, without our prior written consent:(a) copy, in whole or in part, any of Our Intellectual Property;(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:(a) you do not assert that you are the owner of Our Intellectual Property;(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and(d) you comply with all other terms of these Terms.

This clause will survive the termination or expiry of these Terms.

10. Content you upload

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including any details of property listings (User Content) on the Platform. You may also be permitted to upload, submit or transmit documents or contracts relating to property transactions (Property Data).

If you make any User Content available on or through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform.

We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

If you make any Property Data available on or through the Platform, you grant to us the right to access, analyse, backup, copy, store, transmit and otherwise use the Property Data while you have an Account with us (and for a reasonable period of time afterwards) to supply the Platform to you and otherwise perform our obligations under these Terms.

You agree that you are solely responsible for all User Content and Property Data that you make available on or through the Platform. You represent and warrant that:(a) You are either the sole and exclusive owner of all User Content and Property Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content and Property Data (as contemplated by these Terms); and(b) neither the User Content and Property Data nor the posting, uploading, publication, submission or transmission of the User Content and Property Data or our use of the User Content and Property Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content and Property Data. We may, at any time (at our sole discretion), remove any User Content.

This clause will survive the termination or expiry of these Terms.

11. Warranties

You represent, warrant and agree that:(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;(b) there are no legal restrictions preventing you from entering into these Terms;(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;(d) where you are a Buyer Agent or Real Estate Agent, you are responsible for complying with all laws, rules and regulations which apply to providing the services you provide;(e) where you are a Buyer Agent or Real Estate Agent, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services, and you have the appropriate licenses or registrations required by law to provide the services.

12. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Property Buyer, the services provided by a Buyer Agent may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

13. Limitations on liability

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any aspect of the Property Buyer and Buyer Agent interaction including the services offered by the Buyer Agent or any aspect of the Buyer Agent and Real Estate Agent interaction, the description of the services requested or offered, any advice provided, the performance of services.

Despite anything to the contrary, to the maximum extent permitted by law:(a) neither Party will be liable for Consequential Loss;(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been no Fees paid or Fees paid less than 12 months of Fees paid, the greater of an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time or $1,000).

This clause will survive the termination or expiry of these Terms.

14. Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. If you do not have a Membership, your cancellation will take effect immediately. If you do have a Membership, your cancellation will take effect from the end of the current monthly or annual Membership period.

These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or(b) the Defaulting Party is unable to pay its debts as they fall due.

Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.

Upon expiry or termination of these Terms:(a) we will remove your access to the Platform and your account will be deleted;(b) we will immediately cease providing the Property Gateway Services; and(c) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

15. Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

16. General

• Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

• Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

• Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Property Buyer, or by a Buyer Agent or Real Estate Agent.

• Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Property Buyer and us, or a Real Estate Agent or Buyer Agent and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

• Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
• Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
• Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
• Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
• Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
• Privacy: We agree and the Buyer Agent and Real Estate Agent agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
• Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Property Gateway Services to you, including on our website or in our promotional material.
• Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
• Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
• Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

17. Definitions

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

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Contact Us

‍For any questions or notices, please contact us at:
‍Property Gateway Australia Pty Ltd (ACN 668 653 807)
‍Email: support@propertygateway.au

Last update: 23 August 2023 © LegalVision ILP Pty Ltd