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Teneriffe & Toowoomba

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1. Introduction

The website www.cloudre.com.au (“Website”) is operated by Cloud Real Estate Pty Ltd (ACN 132673217) trading as Cloud Real Estate (“Cloud Real Estate”, “we”, “us” or “our”).

In this document, “you” means the individual accessing or using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you.

By using or accessing the Website you agree to the terms and conditions of use for the Website as set out in this document (“Terms of Use”). Your use of the Website and the online platform made available through the Website is conditional upon your acceptance and compliance with these Terms of Use and the terms, conditions, notices and disclaimers contained elsewhere on the Website. If you are selling a property using our services, you will also be subject to a Service Agreement in addition to these Terms of Use.

If you do not agree to these Terms of Use, you must not use or access the Website. If you violate any of the Terms of Use, we may terminate your right to use and access the Website.

Capitalised words and phrases used in these Terms of Use have the meaning given to them in the section titled ‘Defined terms’.


2. Registration

In order to use our Online Platform, you will need to register for an Account via the Website. You must provide accurate information about yourself as part of the Account registration process. You must also comply with our verification process (which may involve recording your IP address). You should keep all of your Account information, user names and passwords secret and you must not disclose these details to anyone.

Only persons aged 18 years old or over are entitled to register an Account on our Website. If you are under 18 years of age you must not apply for or register an Account on this Website.

You acknowledge that your failure to provide accurate, current and complete Account information and data (or your failure to keep such information up to date) may result in the suspension and/or termination of your Account and/or any Products and Services we provide to you (without a refund or credit of any fees paid by you to us).

Once you have registered an Account via the Website and completed the verification process, you will be given access to the Online Platform. You will then be able to use the Online Platform, subject to your compliance with these Terms of Use, the Privacy Policy and any other terms and conditions that you have agreed to (such as our Service Agreement).


3. Use of the Website and Online Platform

You must only use the Website and the Online Platform:

  • for any purpose related to the purchase or sale of property, including to buy, sell, offer to buy, offer to sell or organise to inspect any property; or
  • in connection with advising any person on the sale or purchase of property (including in a capacity as a lawyer, licensed conveyancer, building inspector or other capacity), and otherwise in accordance with our acceptable use guidelines as set out in these Terms of Use.

You must not:

  • use the Website or the Online Platform to contact any customer of ours unless you are a genuine buyer or seller of a property being advertised on the Website and Online Platform;
  • use the Website or the Online Platform to promote or sell your own business interests (such as by seeking to advertise your own services through our Systems);
  • without our written permission, on-sell, re-distribute or use for your own commercial purposes any information, Content or documents obtained from our Website;
  • plan or engage in any illegal activity using the Website or the Online Platform; or
  • collect, ‘scrape’ or otherwise store any Content or any personal information on any other Users of our Systems.

We may cease making the Website and/or the Online Platform available at any time in order to perform any required maintenance or implement any upgrades. We will endeavour to provide you with reasonable notice of any scheduled maintenance but may not be able to provide notice in all circumstances.

 


4. Acceptable use

In using the Website and the Online Platform, you must comply with the following acceptable use guidelines. You must not:

  • upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  • stalk, harass, threaten or harm any other person;
  • pretend to be anyone, or any entity, that you are not;
  • impersonate or misrepresent yourself as another person, entity, another User, a Cloud Real Estate employee, or otherwise misrepresent your affiliation with a person or entity (and we reserve the right to, but are not obliged to, reject or block any Cloud Read Estate ID or e-mail addresses which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
  • engage in any copyright infringement or other intellectual property infringement (including uploading any content that you do not have the right to upload) or disclose any trade secret or confidential information in violation of a confidentiality, employment or non-disclosure agreement;
  • post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  • upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
  • interfere with or disrupt the Systems (including accessing the Systems through any automated means, such as scripts or web crawlers), any servers or networks connected to the Systems or any policies, requirements or regulations of networks connected to the Systems (including any unauthorised access to, use or monitoring of data or traffic thereon); or
  • restrict, inhibit or interfere with any other User’s use or enjoyment of the Website.

We have the right to enforce these guidelines as we deem appropriate in our sole discretion. If you, or anyone using your Account, Cloud Real Estate password or identifying information, violate these Terms of Use or any acceptable use guidelines, we may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that we deem necessary or appropriate. We are not required to provide notice prior to terminating your right to use the Systems for violating these Terms, but we may choose to do so.

BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST CLOUD REAL ESTATE, AND TO HOLD CLOUD REAL ESTATE HARMLESS AND INDEMNIFY CLOUD REAL ESTATE WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY CLOUD REAL ESTATE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE CLOUD REAL ESTATE OR RECOVER ANY DAMAGES WHATSOEVER FROM CLOUD REAL ESTATE AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CLOUD REAL ESTATE’ CONCLUSION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE.


5. Website content

You acknowledge that we are not responsible or liable in any way for any Content provided by others and that we have no duty or obligation to pre-screen such Content.

We do not accept any liability for the accuracy of any Content posted by other Users of the Website. We are not liable for any loss resulting from any action taken or reliance made by you on any Content, information or material posted by another User.

We reserve the right at all times to determine whether Content is appropriate and in compliance with these Terms of Use. We may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in our sole discretion if we consider that such Content is in violation of these Terms of Use or is otherwise objectionable.

If while using the Systems, you encounter Content that you find inappropriate, or otherwise believe to be a violation of these Terms of Use, you may report it by sending an email to misuse@cloudre.com.au.


6. Your content

We do not guarantee or warrant that any photos, photobooks, digital images, data, text or other Content that you create, upload, send or store for the purpose of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any of your Content is damaged, lost or corrupted in any way, we will have no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content you generate or upload to our Systems. We are not and will not be responsible for what is contained in any such Content.

Although we encourage you to use the Systems to express your creativity, we reserve the right to refuse to process any order or upload submitted by you containing Content that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trade mark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material that we consider breaches our acceptable use guidelines (as set out in these Terms of Use) or which we believe may cause any liability to or for us under any applicable law or regulation. In particular, we reserve the right to refuse to process orders or uploads containing Content which, in our sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations).

We do not claim ownership of the materials and/or Content that you submit or make available on the Systems (including any intellectual property rights in such Content or materials). By submitting Content to us, you are representing that you are the owner of such material or and/or have all necessary rights, licenses, and authorisation from the owner of the Content to distribute it in the manner contemplated by these Terms of Use (including any consents to any acts or omissions in relation to such Content which might otherwise infringe the author’s moral rights under the Copyright Act 1968 (Cth) or similar legislation).

By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant to us an irrevocable, perpetual, non-terminable, worldwide, royalty-free, non-exclusive licence (with a right to grant sub-licences) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you will be your sole responsibility, must not infringe or violate the rights (including intellectual property rights) of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.

You understand that in order to provide the Systems and make your Content available thereon, we may transmit your Content across various public networks, in various media and modify or change your Content to comply with technical requirements of any connecting networks or devices or computers. You agree that the licence granted by you above permits us to take any such actions.

If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact us at enquiries@cloudre.com.au. We may, in our sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.

 


7. Links and other third party materials

Certain Content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other websites, resources or content. Because we have no control over such third party websites, services and/or materials, you acknowledge and agree that we are not responsible for the availability of such websites, services or resources. We do not endorse or warrant the accuracy of any such websites or resources, and are in no way be liable or responsible for any content, advertising, systems or materials on or available from such websites or resources. You further acknowledge and agree that we are not be responsible or liable in any way for any damages you suffer or incur, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such websites or resources.

Our provision of links to any third party sites is not, and should not be construed as, an endorsement, approval or recommendation by us of the owners or operators of those third party sites or of any information, graphics, materials, products or services referred to or contained on those third party websites.

Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement(s).

 


8. Access to your Account and Content

We reserve the right to take any steps that we reasonably believe are necessary or appropriate to enforce and/or verify compliance with these Terms of Use. You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:

  • comply with any legal process or request;
  • enforce these Terms of Use, including investigation of any potential violations of these Terms of Use;
  • detect, prevent or otherwise address security, fraud or technical issues; or
  • protect the rights, property or safety of Cloud Real Estate, its Users, a third party or the public as required or permitted by law.

We reserve the right to access your Account (which may involve taking complete control) to ensure the orderly and reasonable conduct of your Account in accordance with these Terms of Use, our Privacy Policy and (if applicable) your Service Agreement. This may include withdrawal of properties that have been sold by another agent or the withdrawal of offers to sell a property. Before we do this, you will be provided with a verbal request to take the necessary steps to remedy any issues with your Account. If you fail to rectify any issues with your account in response to our verbal request within 2 days, we will provide a further 7 days’ notice in writing requiring you to rectify the issue with your Account. If you still have not rectified the issue we have identified with your Account, we will take appropriate action to rectify the issue directly, which may include accessing your Account to rectify the issue.

 


9. Security

Cloud Real Estate will never ask you to reveal your Account password, either verbally or in writing.

You agree:

  • that our Products and Services are designed and intended for personal use on an individual basis;
  • not to share your Account information and/or password details with other individuals and/or corporate bodies;
  • not to reveal your Account information to anyone, let anyone else access your Account information or do anything that might put the security of your Account at risk;
  • that you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account;
  • to immediately notify us if you become aware of any unauthorized use of your password or Account information or of any other security breach relating to the Website, the Online Platform or your Account; and
  • that we are not responsible for (and that we exclude all liability for) any losses arising out of the unauthorised use of your Account.

You must take your own precautions to ensure that the means that you use to access this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website. You are solely responsible for, and you assume all risk arising from, your use of our Website and the Online Platform and the technology and telecommunications services that you use to access our Website and the Online Platform.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.


10. Property Appraisal

We provide a property appraisal by our Local Property Expert. This can be booked through our Website and the Online Platform. This property appraisal is free if you do not subsequently instruct us in relation to the sale of your property. The property appraisal is also included as part of the price of our Products and Services. Details on how to book your free property appraisal can be found on our Website after you have registered your Account.

 


11. Selling and buying under Auction Conditions

If you are buying a property at an Auction and/or under Auction Conditions, or if you make a pre-Auction offer on such a property through the System, you will be legally obliged to purchase under Auction Conditions. Before making an offer on a property marked as being sold at Auction you should obtain legal advice and understand the consequences of making such an offer. If you are selling at an Auction you may be legally obliged to sell the property in accordance with the Auction Conditions and therefore you should obtain legal advice and understand the consequences of offering your home for sale in this manner.

 


12. Intellectual property

You acknowledge and agree that we and/or our licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, user interface, scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in accordance with these Terms of Use. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use.

Nothing in these Terms of Use will, or is intended to be construed to, convey to you any interest, title or licence in a Cloud Real Estate password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.

The name “Cloud Real Estate”, the Cloud Real Estate logo and other Cloud Real Estate trade marks, Systems marks, graphics, and logos used in connection with the Systems and Software are the trade marks or registered trade marks of Cloud Real Estate and/or our related parties. Other trade marks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trade marks of their respective owners. You are granted no right or licence to use or independently exploit any of these trade marks. You must not remove, obscure or alter any proprietary notices (including trade mark and copyright notices) that may be affixed to or contained within the Product(s) or Software.

Subject to your continued compliance with these Terms of Use, we grant to you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable licence to use the Software as provided to you by us as a part of the Systems. It is a condition of this licence that you do not (and that you do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sub-licence, assign, grant a security interest in or otherwise transfer any right in the Software. In exercising this licence, you must not exploit the Systems in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.

THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF CLOUD REAL ESTATE AND/OR THIRD PARTIES AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.


13. Privacy

We comply with, and have reasonable measures in place to ensure that our staff comply at all times with, the provisions and obligations contained in the Privacy Act 1988 (“Privacy Act”), including the Australian Privacy Principles. We take reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of your data and information.

You understand that by using the Systems, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with our Privacy Policy. You further consent and agree that we may collect, use, transmit, process and maintain information related to your Account, and any devices or computers used by you to access the Systems, for purposes of providing the Systems to you. Information collected by us when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our Systems. For more information please read our privacy policy (available at: www.cloudre.com.au/terms/privacy-policy).

The personal information which you give to us when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in our records in Australia and/or the United Kingdom. If you do not consent to this transfer, do not accept these terms and conditions.

As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal adviser, real estate agent, third party web portals and other third parties that are necessary in order for us to provide the Systems to you.

In particular, you to consent to us disclosing your personal information to:

  • prospective Purchasers who wish to view a property, to provide feedback, to make an offer to purchase or to agree to a sale (which will involve the disclosure of the name, address and contact details of the prospective Purchaser and the Seller to each other in advance of a viewing or any subsequent viewing taking place at the Seller’s property);
  • the Provider, but only if you elect to acquire the ‘Pay Later’ service (which will involve the disclosure of the personal information that we have obtained from you on the Online Platform when you instruct Cloud Real Estate and when any event occurs that represents a Deferred Payment Date);
  • the Conveyancing Provider acting on either or both sides of the transaction (which will involve the disclosure of your name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale); and
  • any real estate agent and/or mortgage advisor involved in the transaction (which will involve the disclosure of your name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale).

14. Warranties

Subject to any statutory guarantees that cannot be lawfully excluded, we expressly excludes all warranties, guarantees, conditions and representations, whether express or implied, in relation to any Products and Services supplied or provided by us (including as to performance, quality or fitness for use or purpose, or any warranty or representation that the products will be free from defects).

To the maximum extent permitted by applicable law:

  • all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website, the Online Platform and their contents are expressly disclaimed. However, we do not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law to exclude;
  • we do not warrant that your access to the Website and/or the Online Platform will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website, the Online Platform and their servers are free of computer viruses, trojans, spyware and other harmful material;
  • we do not warrant that we will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that we will give you notice of such use, modification or alteration;
  • we do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its Contents. Your use of the Website and the information on it is at your own risk; and
  • the Website, the Online Platform and their Contents are provided on an “as is” and “as available” basis without any warranties of any kind. We may change the Website or limit or terminate your access to the Website at any time without notice.

15. Exclusions

We do not accept responsibility for, and exclude any liability for, any loss, damage, cost or expense however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Website, the Online Platform or any linked website. In particular, we do not accept any responsibility or liability for any loss, damage, cost or expense that you may suffer or incur arising out of your use of or reliance on any documents, Content or other information contained on or accessed through our Website or the Online Platform.

 


16. Limitation of liability

To the extent maximum permitted by applicable law, any statutory guarantee, condition or warranty that would otherwise be implied into these Terms of Use are excluded.

Except in relation to any liability for breach of any statutory guarantee, condition or implied warranty under any laws the application of which may not be lawfully excluded, our total liability to you arising out of these Terms of Use or your purchase or use of any of our Products and Services will not exceed the following amount:

  • where you have paid any amount of fees to us, the total amount of fees paid by you to us for the Products and Services; or
  • where you have not paid any amount of fees to us, the amount of A$100.

Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon us which cannot be excluded, restricted or modified except to a limited extent, these Terms of Use must be read subject to those statutory provisions. To the extent that our liability for breach of any statutory guarantee, condition or implied warranty cannot be excluded by law but we are permitted to limit our liability in respect of such matters, our liability for any breach of such guarantees, conditions or warranties will be limited, at our option, as follows:

  • if the breach relates to any services supplied, to the re-supply of those services or paying the cost to have those services re-supplied; or
  • if the breach relates to any goods supplied, to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.

To the fullest extent permitted by law, Cloud Real Estate, its directors, officers, employees, affiliates, agents or contractors are not liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems (including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, negligence or other tort or otherwise, arising in connection with the Website, the System or any use of or access to, or any inability to use or access, the Website or the System) or for any other claim related in any way to your use of, or inability to use, the Systems.


17. Indemnity

As a condition of your use of the Website, the Online Platform and any Content or other documents or materials accessible through the Website, you agree to indemnify us, our related companies and our and their respective directors, officers, employees and agents against any claims, proceedings, losses, liabilities, damages, costs or other expenses (including legal costs) and third party claims incurred that we or any of those parties incurs or suffers as a result of your breach of these Terms of Use, your use or access of the Website and/or Online Platform, any or any violation of any applicable law by you or any other action, inaction or omission on your part relating to this Website or the Online Platform.


18. Suspension and termination

We may suspend your access to the Website and/or the Systems at any time without notice if it is necessary to perform maintenance on the Website and/or the Systems or to protect the safety or security of the Website and/or the Systems, its Users or us or to ensure the proper operation of the Website and/or the Systems.

We may terminate these Terms of Use and your access to the Website and/or the Systems at any time without notice, including if you breach these Terms of Use. In the event of termination you must immediately cease accessing and using the Website and/or the Systems and (at our option) return any hard copies of our Content to us or destroy any hard copies and any other electronic copies of our Content within your control or possession. All restrictions imposed on you and all disclaimers, indemnities and limitations of liability set out in the Terms of Use will survive termination of your access to the Website and/or the Systems.

 


19. Changes to these Terms of Use

We may change these Terms of Use or add or remove any part at any time. Such changes will become effective at the time that we will post such changes on the Website. It is your responsibility to check the Website for any changes to these Terms of Use. You agree to be bound by such changes if you continue to use the Systems and Services after the changes to these Terms of Use are posted on our Website. You should visit this page periodically to review the Terms of Use.

IF ANY FUTURE CHANGES TO THESE TERMS OF USE ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE AND OF ANY SUCH CHANGES.

If you object to any of the Terms of Use or any amendments, your only recourse is to immediately discontinue your use of the Website and the Online Platform. If you violate any Terms of Use, we may terminate your right to use and access the Website without notice.


20. Notices

We may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your Account or by sending a letter via postal mail to the contact address listed in your Account.


21. Governing law

These Terms of Use are governed by the laws in force in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New South Wales and of the Commonwealth of Australia in respect of any disputes arising under or by reference to these Terms of Use or otherwise relating to the Website and/or the System.


22. General provisions

We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website and/or Online Platform complies with all laws that are applicable to you.

To the extent possible, any part of the Terms of Use that is found by a court of law to be invalid or unenforceable will be read down and construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. If any provision of the Terms of Use is found to be wholly void, unlawful or unenforceable for any reason, then the portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severed from the Terms of Use and will not otherwise affect the validity and enforceability of any remaining provisions.

Any failure by us to enforce any right or provisions in the Terms of Use will not constitute a waiver of such provision, or any other provision of the Terms of Use.


23. Defined terms

In these Terms of Use:

‘Account’ means your Account within the Online Platform. For the avoidance of doubt, this includes the area where you instruct us and manage the process of a sale, purchase, let and/or rent (including all marketing services).

‘Auction’ means where a property is being sold at an auction under Auction Conditions.

‘Auction Conditions’ means the conditions upon which an auction is conducted and upon which a seller is to sell their property and upon which a buyer is purchasing the property in accordance with the auction conditions and good practice.

‘Complimentary’ means free of charge without financial consideration.

‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and/or Online Platform or uploaded manually.

‘Conveyancing Provider’ means such firm or firms who are part of a panel of Solicitors or Lawyers introduced by us to you from time to time for any reason.

‘Deferred Payment Date’ has the same meaning given to that term in the Service Agreement.

‘Online Platform’ means the Complimentary software provided to you in accordance with these Terms of Use.

‘Privacy Policy’ means our privacy policy as amended from time to time and published on the Website at www.cloudre.com.au/privacy-policy.

‘Products and Services’ means all and each of the products and/or services offered from time to time by Cloud Real Estate within the Website and Online Platform and defined in the Service Agreement.

‘Provider’ means RateSetter Australia RE Limited (ABN 571 666 466 35) or such other provider as is notified to you from time to time.

‘Cloud Real Estate’‘we’‘us’ or ‘our’ means Purple B Pty Ltd (ACN 611 543 081) trading as Cloud Real Estate Australia of Level 18, 225 George St, Sydney NSW 2000, Australia.

‘Service Agreement’ means the agreement entered into between Cloud Real Estate and a customer selling their property with Cloud Real Estate

‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.

‘User’ means you or anyone who uses the Systems.

‘Website’ means the website hosted at www.cloudre.com.au, including all systems, Software and processes hosted at that domain name.

‘you’ means the individual (including a company) using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer.