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Terms of Use Agreement

Effective Date: 20/05/2025

This Terms of Use Agreement (“Agreement”) is a legally binding contract between RealConnect Pty Ltd (ACN [Insert Number]) (“RealConnect”, “we”, “us”, or “our”), a company incorporated in New South Wales, Australia, and any individual or entity accessing or using the Services (“User”, “you”, or “your”).

By accessing, browsing, or using the Services in any manner, you agree to be bound by this Agreement, our [Privacy Policy], and any other guidelines or rules applicable to the Services. If you do not agree, you must not access or use the Services.

1. Definitions

“Services” means the platform and related technology offered by RealConnect for connecting homeowners and real estate agents, including but not limited to bidding, subscription, payment processing, and listing functionality.

“User Content” means any content, data, media, listings, messages, documents, or information that you upload, submit, or transmit through the Services.

“Platform” refers to the website, application, or digital interfaces operated by RealConnect.

2. Use of Services

You agree to:

  • Use the Services only for lawful purposes and in accordance with applicable laws, regulations, and industry standards;
  • Refrain from uploading or transmitting any content that is unlawful, defamatory, infringing, offensive, abusive, pornographic, misleading, or otherwise inappropriate;
  • Not engage in spamming, scraping, reverse engineering, or any unauthorized access or interference with the Services;
  • Not impersonate another person or misrepresent your affiliation with any entity;
  • Not attempt to solicit or conduct any transaction outside the Platform that bypasses our fee structure.
  • RealConnect acts solely as a facilitator of introductions between Users. We are not a party to any real estate or legal agreement entered into by Users, and we do not verify or guarantee the legitimacy, accuracy, or suitability of any User or transaction.

3. Account Registration and Security

To access certain features, you may be required to register an account. You agree to:

  • Provide accurate, complete, and current information;
  • Maintain the confidentiality of your login credentials;
  • Notify RealConnect immediately of any unauthorized use or security breach.
  • You are responsible for all activities that occur under your account.

4. User Content and Data Ownership

You retain full ownership of any User Content submitted via the Platform.

By submitting User Content, you grant RealConnect a non-exclusive, worldwide, royalty-free license to use, store, host, and display the content solely for the purposes of operating and improving the Services.

You represent and warrant that:

  • You have the lawful right to submit such content;
  • Your content does not infringe on any third-party rights or violate any laws.
  • We reserve the right (but not the obligation) to remove or restrict content that violates this Agreement or applicable law.

5. Privacy and Data Protection

Your use of the Services is also governed by our [Privacy Policy], which outlines how we collect, use, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

You agree that RealConnect may collect and use technical data and related information to improve and deliver Services, including usage data and analytics.

6. Fees and Payment Terms

RealConnect uses Stripe to process subscription fees and transaction payments.

You agree to pay all applicable fees and charges according to our pricing structure, which may be updated from time to time with notice.

All payments are non-refundable unless otherwise specified under Australian Consumer Law.

We reserve the right to suspend or terminate your access if payment obligations are not met.

7. Third-Party Services

RealConnect may integrate with or link to third-party platforms, including Stripe and external real estate services. We do not control these third-party platforms and are not liable for any content, policies, or actions taken by them. Your use of such services is at your own risk and subject to their terms.

8. Consumer Rights Notice

Nothing in this Agreement excludes, restricts, or modifies any right or remedy you may have under the Competition and Consumer Act 2010 (Cth) or similar legislation which cannot be lawfully excluded or limited.

To the extent permitted by law, any implied warranties are excluded, and liability is limited to, at our discretion, the resupply of the Services or refund of fees paid.

9. Disclaimers

The Services are provided on an “as is” and “as available” basis. We make no warranties or representations regarding:

  • The accuracy or reliability of User Content;
  • The outcome of any bidding or transaction;
  • Platform availability, security, or error-free operation.

We expressly disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, RealConnect shall not be liable for:

  • Any indirect, incidental, consequential, special, or punitive damages;
  • Any loss of data, profits, goodwill, or business opportunities;
  • Any disputes, claims, or transactions between Users.

In all circumstances, our total aggregate liability arising out of or related to the Services shall not exceed the greater of:

  • AUD $100;
  • The total amount paid by you to RealConnect in the six (6) months preceding the event giving rise to the claim.

11. Indemnification

You agree to fully indemnify, defend, and hold harmless RealConnect, its directors, officers, employees, and affiliates from any claim, liability, loss, expense, or demand (including reasonable legal fees) arising from:

  • Your use or misuse of the Services;
  • Your breach of this Agreement;
  • Your violation of any third-party rights or applicable laws.

12. Termination and Suspension

We may, at our sole discretion, suspend or terminate your access to the Services:

  • For any breach of this Agreement;
  • If required by law;
  • If we reasonably believe your conduct is harmful to our business or users.

You may also terminate your account at any time by contacting us.

Upon termination:

  • Your right to use the Services ceases immediately;
  • Sections related to ownership, liability, warranties, dispute resolution, and indemnity shall survive.

13. Dispute Resolution

We aim to resolve disputes amicably. Before initiating legal action, you must:

  • Notify RealConnect in writing at [support@realconnect.com.au];
  • Allow 30 days for informal resolution.
  • If unresolved, disputes will be submitted to the courts of New South Wales, Australia, which shall have exclusive jurisdiction.

14. Governing Law

This Agreement is governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. You irrevocably submit to the jurisdiction of the courts located in that state.

15. Modifications to Terms

RealConnect may revise this Agreement at any time. Material changes will be communicated by email or platform notification. Your continued use after changes take effect constitutes your acceptance.

16. General Provisions

Entire Agreement: This Agreement, along with our Privacy Policy, constitutes the entire agreement between the parties.

No Waiver: Any failure to enforce a provision is not a waiver.

Severability: If any part of this Agreement is found unenforceable, the remainder remains in full force.

Assignment: You may not assign this Agreement without prior written consent. We may assign our rights without notice.

By using the Services, you confirm that you have read, understood, and agree to be legally bound by this Terms of Use Agreement.

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