This platform http://app.reai.au (Platform) and website http://reai.au (Website) (including all subsidiaries), is owned, operated and maintained by Real Estate Ai Pty Ltd (reai.au).
Real Estate Ai provides a social media campaign product (SocialMAX) and a digital brochure product (BrochureMAX) that enables Real Estate agencies, offices and agents who are listing property to sell or lease to:
a. Create a paid social media campaign for the property (with content from their CRM) on social media platforms to attract interest buyers (SocialMAX)
b. Create a digital brochure of the property (with content from their CRM) to allow interested buyers to understand the key property features (BrochureMAX)
By accessing, registering on and/or using the Platform, Website, or using the Services, you agree to be bound by these Terms and Conditions of Use.
Real Estate Ai may, in its sole discretion, modify, vary, amend or revise these Terms and Conditions of Use (including, without limitation, any Services provided under these Terms and Conditions of Use) at any time, and we will notify you of all variations that may cause you material detriment in writing. For these variations we will give you at least 30 days’ written notice before the variation takes effect, and you may terminate this Agreement by giving us written notice during the 30-day notice period.
In these Terms and Conditions of Use:
1.1 Users creating Brochures and/or Paid Social Media Advertisements
a. If you upload Content and create a Brochure and/or Paid Social Media Advertisement:
i. you must ensure that such Content, Brochures and/or Paid Social Media Advertisements are true and correct;
ii. you must ensure that such Content, Brochures and/or Paid Social Media Advertisements are up to date at the time they are uploaded and are kept up to date for the duration of the time they are available on the Platform, Website and/or Paid Social Media Advertisement;
iii. you are solely responsible for making your own assessment of any user who contacts you in relation to any Brochure and/or Paid Social Media Advertisement and their suitability for the acquisition or leasing of the subject of the Brochure and/or Paid Social Media Advertisement or the suitability of the property (as applicable). It is intended that Real Estate Ai will provide information about any users to the Real Estate Agent and that information may be used to assist in the sale or leasing of the property; and
iv. you will comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010 (including the Australian Consumer Law); Trade Marks Act 1995; fair trading legislation; real estate agent legislation and regulations (including rules governing the disclosure, retention and payment of any rebates or benefits) and any other applicable advertising standards and regulations including the Privacy Act 1988 and regulations thereunder.
b. If you use the Services in a way that breaches these Terms and Conditions of Use or we deem any Content or Brochure on the Website to be unacceptable, Real Estate Ai may take action to remedy this, including but not limited to, amending or deleting the Content, or Brochure, and/or Paid Social Media Advertisement, adjusting access to your Account, terminating your Account or any other action that we determine appropriate in our sole and absolute discretion.
c. Real Estate Ai may delete, deactivate or edit any Content or Brochures that are duplicated, breach our Terms and Conditions or are, in the opinion of Real Estate Ai, inappropriate, but we are not obligated to do so.
1.2 Users of the Brochures and/or Paid Social Media Content
a. If you use the Brochures and/or Paid Social Media Advertisements to browse properties you are agreeing to these Terms and Conditions of Use and:
i. you are solely responsible for making your own assessment of the property;
ii. you should inspect the property that is the subject of any Brochure and/or Paid Social Media Advertisement and meet with any prospective buyers, owners or agents who are the subject of any Brochure and/or Paid Social Media Advertisement (as applicable) before making a decision whether or not to purchase or lease the property; and
iii. you must ensure that any proposed agreement between you and another person for purchase of lease of the property complies with any Local, State, or Commonwealth laws.
b. Real Estate Ai does not make any representation or provide any warranty in respect of the Content of any Brochure, and/or Paid Social Media Advertisement of any user of the Website or any purchaser, lessee or users.
c. Real Estate Ai does not inspect any property that is the subject of a Brochure and/or Paid Social Media Advertisement.
d. Real Estate Ai does not vet, question, or check any person who creates an Account on the Platform and/or Website. Real Estate Ai does not conduct any identity or personal checks on any person who creates an Account on the Platform and/or Website.
e. Real Estate Ai does not vet, question, or check any person who is the subject of a Brochure and/or Paid Social Media Advertisement. Real Estate Ai does not conduct any identity or personal checks on any person who is the subject of a Brochure and/or Paid Social Media Advertisement.
f. Real Estate Ai does not vet, question, or check any person who creates a Brochure and/or Paid Social Media Advertisement, or any person who uploads Content.
g. Real Estate Ai does not check, either by itself or through an independent third party, the truth, accuracy or completeness of any Content or the accuracy of any location details available in respect of a Brochure including, without limitation, location details provided by use of Google’s Google Maps service. Your use of Google Maps is subject to the Google Maps Terms of Service and Google Privacy Policy.
2.1 Registration
a. To publish Content, you must register (Account) with Real Estate Ai by providing certain information to Real Estate Ai including:
– your name; and
– email address
b. After Real Estate Ai creates an Account but before you can publish Content, you will receive an email from the Platform allowing a designated administrator and standard users to join the Account.
c. Once linked to the Account, you can send another link to potential agents who will have limited access to the Platform and Website. These agents must enter an activation code sent by Real Estate Ai to their mobile telephone number in order to access the Platform and Website.
d. You represent and warrant that you are the account holder for the mobile telephone number provided to Real Estate Ai when registering your Account.
e. You must be 18 years or older in order to register an Account and create a Brochure on our Website.
f. You represent and warrant that the information you provide to Real Estate Ai to open an Account is true and correct. If, at any time during the term of your Account, any of that information ceases to be true and correct, you undertake to notify Real Estate Ai of the change to that information as soon as is reasonably practicable.
g. Any personal information you provide to Real Estate Ai will be treated in accordance Real Estate Ai’s Privacy Policy available here.
h. You may not use another user’s Account, or allow anyone else to use your Account, without Real Estate Ai’s express prior written permission.
i. You are solely responsible for any activity which occurs on your Account.
j. You must keep your Account details, including your password, Facebook login details and other verification details, secure at all time and must immediately notify Real Estate Ai of any breach, or any suspected breach, of the security of or unauthorised access to your Account.
2.2 Security checks
All accounts on Real Estate Ai are subject to security checks. When using the platform, you agree to be subject to these security checks, which may delay the activation of your Brochure and/or Paid Social Media Advertisement or your account.
2.3 Termination
Real Estate Ai may, in its absolute discretion, suspend or terminate your Account if:
a. you breach or violate any term or condition of these Terms and Conditions of Use; or
b. in Real Estate Ai’s sole opinion, your ongoing use of the Service will bring, or may bring, the reputation of Real Estate Ai into disrepute or cause Real Estate Ai to be in breach of an applicable law.
c. in Real Estate Ai’s reasonable opinion, your ongoing use of the Service may pose a threat to the health, safety or wellbeing of any Real Estate Ai user or others within the community.
3.1 Use of Website and Services
You must not, and must not attempt to:
a. use the Platform, Website for any purpose other than for the purpose of creating a brochure and/or Paid Social Media Advertisement to attract and monitor potential buyers;
b. use the Platform, Website or the Services in any way that causes, or is likely to cause the Platform and/or Website or access to it to be interrupted, damaged, rendered less efficient or in a way that impairs the effectiveness or functionality of the Platform and/or Website;
c. authorise any other person to do any act which would, if that act were to be done by you, infringe any Intellectual Property Rights or us, our licensors or third parties;
d. reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Platform and/or Website;
e. capture or copy any software on the Platform and/or Website for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
f. hack, infiltrate or otherwise do anything which may compromise the Platform and/or Website;
g. cause Real Estate Ai to lose (in whole or in part) the services of Real Estate Ai’s internet service providers (ISPs) or other suppliers;
h. introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
i. prevent or restrict us from complying with any applicable law, industry code or court order;
j. use the Platform and/or Website or any of the Services for any improper or unlawful purpose, causing a nuisance or causing the operation of any of the Services to be jeopardised or impaired;
k. use the Platform and/or Website or any of the Services to provide, to aid, abet, procure, counsel or assist another person to provide, or to encourage, solicit or entice the provision of, any services of a sexual nature for monetary or non-monetary consideration;
l. use the Platform and/or Website or any of the Services to create, host or transmit any defamatory, offensive or obscene material or engage in activities which would cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed, sex or gender, or sexual preference;
m. use the Platform and/or Website or any of the Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way;
n. use the Platform and/or Website or any of the Services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
o. use the Platform and/or Website or any of the Services to create, host or transmit material which infringes the Intellectual Property Rights (including without restriction copyright, trade mark, patent, trade secret or other intellectual property rights) of any other party;
p. use the Platform and/or Website or any of the Services to create, host or transmit unsolicited advertising material to other users;
q. use the Platform and/or Website or any of the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
r. use the Platform and/or Website or any of the Services for any activity which adversely affects the ability of other people or systems to use the Platform, Website or any of the Services, or the Internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
s. at any time while you are using the Platform and/or Website or any of the Services, impersonate any person or entity or use or provide a false name or a name that you are not authorised to use.
3.2 Access to Platform, Website and Services
Real Estate Ai will attempt to make the Platform and/or, Website and Services available for use 24 hours a day, 7 days a week. However, it will be necessary for Real Estate Ai to take-down the Platform and/or Website and cease providing the Services for a period of time for regular maintenance and to make improvements and if circumstances beyond Real Estate Ai’s control exist, such as problems preventing access to internet or webhosting services. In such circumstances Real Estate Ai will incur no liability to you for such interruption or cessation of Services no matter how such liability would otherwise arise.
4.1 Uploading of Content
a. As part of the Services, the Platform allows you to upload Content for viewing by other users in the form of a brochure and/or Paid Social Media Advertisement. Each time you upload Content to the Platform, you confirm your acceptance of, and your agreement to be bound by, all the terms and conditions set out in these Terms and Conditions of Use.
b. Real Estate Ai will not review, vet or approve, and is not responsible for reviewing, vetting or approving, the Content or any part of the Content, or any material appearing in the Content, and it is the sole responsibility of the user uploading the Content to ensure that the Content or any part of the Content, or any material appearing in the Content, complies with these Terms and Conditions of Use.
4.2 Rights to the Content
At the time you upload Content, you represent and warrant that:
a. you are the owner of all Content and all Intellectual Property Rights in and to the Content and all material appearing in the Content, or you otherwise have the authorisation, permission or consent of the owner of, or any other relevant person to, the Content or any part of it or any material appearing in the Content;
b. you have the authorisation, permission or consent of each person appearing in the Content for them to appear in the Content and for you to submit that Content, make the Content available on the Website and otherwise grant the rights to Real Estate Ai you grant under these Terms and Conditions of Use;
c. the Content or any part of it, or any material appearing in the Content, does not infringe the rights, including any Intellectual Property Rights, of any third party; and
d. the Content does not contain any material which is offensive, defamatory, discriminatory, pornographic, abusive, obscene, or otherwise illegal in any jurisdiction anywhere in the world.
4.3 No endorsement
Real Estate Ai does not endorse any Content, Brochure and/or Paid Social Media Advertisement created or uploaded to the Website by you or any user, or any opinion, recommendation or advice expressed in the Content, Brochure and/or Paid Social Media Advertisement.
4.4 Ownership
Real Estate Ai acknowledges and agrees that no right, title and interest in and to the Content you submit to the Platform is transferred to Real Estate Ai and that it has no rights in respect of that Content except those rights granted to it under these Terms and Conditions of Use or otherwise in writing by you.
4.5 Licence
At the time you upload Content and create a Brochure, and/or Paid Social Media Advertisement you grant to Real Estate Ai a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to host, cache, store, maintain, use, reproduce, communicate, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate or otherwise exploit all or any part of the Content, Brochure, Paid Social Media Advertisement and/or on the Platform, Website and any other Website which is associated with, connected to, or otherwise operated by Real Estate Ai including, without limitation, websites owned and/or operated by persons other than Real Estate Ai.
4.6 Take-down or modification of Content or Brochure
Real Estate Ai, in its sole and absolute discretion, may edit, modify, block or delete any Content or any Brochure, or any comments or messages made on the Website or social media channels in respect of a Brochure and/or Paid Social Media Advertisement, if Real Estate Ai determines that any of the preceding material contravenes or is likely to contravene these Terms and Conditions of Use.
4.7 Release
You forever release Real Estate Ai, and its directors, officers, employees, agents and contractors, for any and all claims, rights, demands, actions or suits which you have, may have or would have had, in connection with Real Estate Ai’s exploitation of the Content or the exploitation of the Content by any of Real Estate Ai or its directors, officers, employees, agents or contractors and whether that claim arose or arises in contract, tort (including, without limitation, negligence), under statute or otherwise.
4.8 Waiver
You hereby consent to all acts or omissions by Real Estate Ai, its licensees or others authorised by it, or its successors in title, which would otherwise constitute an infringement of any moral rights you have, or may have, in the Content or any part of it, or any material appearing in the Content, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for Real Estate Ai, or any other person authorised by Real Estate Ai, to materially alter, modify, add to and in any way change the Content or any part of it, or any material appearing in the Content, and deal with the Content or any part of it, or any material appearing in the Content, without identifying you or any third person as the author of the Content or any part of the Content, or any material appearing in the Content. You warrant that any third party who has acquired any moral rights in the Content or any part of it, or any material appearing in the Content, has also waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in these Terms and Conditions of Use.
4.9 Access to and use of Content and correspondence by Real Estate Ai
a. Real Estate Ai may access, read, and permanently store any Content uploaded to the Platform and/or Website by you for the purposes of protecting the safety and security of the Platform and/or Website and its users. The Content uploaded by you may be used as the basis for removing your Content from the Platform and/or Website, terminating your Account, or reporting behaviour to any government law enforcement authorities.
b. Real Estate Ai may access, read, and permanently store any correspondence made by you to Real Estate Ai, including by email, post, or other messaging service, for the purposes of protecting the safety and security of the website and its users. The correspondence made by you to Real Estate Ai may be used as the basis for removing your Content from the Website, terminating your Account, or reporting behaviour to any government law enforcement authorities.
a. You acknowledge and agree that all rights in the Platform, Website and/or Paid Social Media Advertisement and all material comprised in the Platform, Website and/or Paid Social Media Advertisements (including, but not limited to, Intellectual Property Rights, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) (Website Content), excluding the Content, are owned by Real Estate Ai or the supplier of the relevant material.
b. You acknowledge and agree that you are permitted to use the Website Content only as set out in these Terms and Conditions of Use or as otherwise expressly authorised in writing by Real Estate Ai, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Platform, Brochure, Paid Social Media Advertisement and Website Content.
c. Subject to your compliance with these Terms and Conditions of Use, you may reproduce or communicate any Website Content appearing in any articles or blog posts appearing on the Website that have been posted by Real Estate Ai as long as (i) you credit Real Estate Ai as the source of any such content and provide a link to the Website when reproducing or communicating such content, and (ii) your use is either personal use for a non-commercial purpose or fair and reasonable commercial use, to be determined at our discretion.
Real Estate Ai operates on a “notice and takedown basis”. If you have any objections or complaints to any content or material appearing on the Platform, Website, and/or Paid Social Media Advertisements or if you believe that content or material posted on the Platform, Website, and/or Paid Social Media Advertisements infringes your copyright, please contact us immediately at hello@reai.au.
7.1 Platform, Website and Services
Use of the Platform, Website and the Service is at your own risk. Both are provided on an “as is” basis, and Real Estate Ai makes no representation, and gives no warranty or guarantee (to the extent permitted by law), as to its function or operation, or that it is free from any defects.
7.2 Competition and Consumer Act
If the Competition and Consumer Act 2010 (Cth) or any other Act (including, without limitation, equivalent country, state or territory legislation) implies into these Terms and Conditions of Use any term, or otherwise provides that any guarantee applies in relation to the services supplied under or in connection with these Terms and Conditions of Use, which, or the effect of which, cannot be excluded or modified, and if we breach such term, condition, warranty or guarantee, then Real Estate Ai’s liability (if permitted by the relevant Act) is limited, at Real Estate Ai’s election, to the re-supplying of the relevant services, a refund of the cost of having those services supplied or payment of the cost of having the services re-supplied.
7.3 Limitation
Subject to clause 7.1 above, and to the extent permitted by law, Real Estate Ai shall not have any liability whatsoever (whether in contract, tort including negligence, pursuant to statute or otherwise) to you for any direct or indirect loss or damage of whatsoever kind you suffer or incur as a result of, or in any way in connection with, your use of the Website or the Services, or which otherwise arises in connection with your dealings with Real Estate Ai.
You indemnify Real Estate Ai and its directors, officers, employees, agents and contractors, and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of any breach by you of clauses 1.1(a)(i)-(iii), 3.1 and 4.2 of these Terms and Conditions of Use or arising out of any other negligent act, omission or wilful misconduct by you in connection with your use of the Platform, Website or the Services, including but not limited to the following circumstances:
a. any loss, claim or damages suffered or made by any third party arising out of or in relation to any information, material or Content that you post or communicate to the Platform and/or Website or us whether via a social networking site or otherwise;
b. any loss, claim or damages suffered by a third party as a result of any infringement of any rights of a third party including, without limitation, Intellectual Property Rights in any information, material or Content that you upload to the Platform and/or Website or provide to Real Estate Ai;
c. any loss, claim or damages suffered by a third party as a result of any act or default committed by you and which is directly or indirectly related to any information, material or Content that you or another person upload to the Platform and/or Website or provide to Real Estate Ai or your use of the Platform and/or Website; or
d. any loss, claim or damages suffered or alleged by a third party as a result (direct, indirect or otherwise) of any act, omission, failure or default by you or by anyone for whom you are legally responsible (vicariously or otherwise) in any way connected with your access to the Platform and/or Website or your Account for or use of any of the Services.
We will notify you within a reasonable period of any third-party claim giving rise to a claim for indemnification and will take reasonable steps to mitigate any loss or damage. To the extent that we caused or contributed to any loss, your liability will be reduced proportionately.
The Platform and/or ,Website and/or Services may contain links to other web sites or resources operated by parties other than Real Estate Ai. References to any products, services, processes, trade names, trademarks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by Real Estate Ai. Links to third party sites not operated by Real Estate Ai are provided to you for your convenience and/or reference only. You acknowledge and agree that Real Estate Ai does not control such sites and Real Estate Ai is not responsible for the content on those sites or the privacy of other practices of such sites. You further acknowledge and agree that Real Estate Ai shall not be responsible or liable, directly or indirectly, for any damage, loss or cost whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such sites or the contents, goods or services available on or through any such site.
10.1 Relationship
Neither these Terms and Conditions nor use of the Platform, Website and/or the Services create any partnership, joint venture or agency relationship between Real Estate Ai and users or between users. You must not enter into any agreements or incur any liabilities on behalf of Real Estate Ai or any other user without that party’s prior written consent and must not represent that it has any authority to do so.
10.2 Entire Agreement
These Terms and Conditions of Use, in conjunction with the Work Order, constitute the entire agreement and understanding between the parties with respect to its subject matter and supersede all prior or contemporaneous oral or written agreements, undertakings, or representations between the parties concerning such subject matter.
10.3 Severability
If any provision of these Terms and Conditions of Use is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these Terms and Conditions of Use. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions of Use.
10.4 Governing law
The interpretation, construction and effect of these Terms and Conditions of Use shall be governed and construed in all respects in accordance with the laws of the State of Victoria, Australia and the parties submit to the jurisdiction of the Courts exercising jurisdiction in that State.
