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.
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).
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
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.
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.
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.
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 email@example.com. 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
- comply with any legal process or request;
- 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.
Cloud Real Estate will never ask you to reveal your Account password, either verbally or in writing.
- 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
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.
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.
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).
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.
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
- 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.
- 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.
18. Suspension and termination
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
22. General provisions
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.
23. Defined terms
‘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.
‘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.