Online Terms and Conditions

These terms and conditions apply to the provision of services by Commercial Real Estate Media Pty Ltd (us, we, our). By listing properties on our site www.commercialrealestate.com.au (Site) or signing up for a subscription you agree to be bound by these terms and conditions.

In addition to these terms and conditions, all advertisements are subject to our standard terms and conditions of advertising, as amended from time to time, available at www.domain.com.au/group/conditions-of-use, Domain Group's standard conditions of use, available at www.domain.com.au/group/conditions-of-use (Conditions of Use), and any other legal notices displayed on our Site from time to time.

As a condition of entering this agreement, you also agree to become a Domain member. Your use and membership of the Domain are governed by our Conditions of Use (www.domain.com.au/group/conditions-of-use) and Privacy Policy (www.domain.com.au/group/privacy-policy).

Your core product(s) will commence when we notify you that your account has been provisioned (which will typically be within 5-10 business days after the date of this agreement) and will continue for the minimum contract term. Once the minimum contract term expires, the core product(s) will continue to roll on until they are cancelled in accordance with these terms and conditions, or superseded by new products. The core products include your subscription plus any Gold, Platinum or Platinum Extend Listings that you have elected to apply to all your new listings from the commencement of your subscription.

You may cancel one or more of your core product(s) by providing us with no less than 28 days written notice, provided that such cancellation must not take effect before the expiry of the minimum contract term specified in your subscription agreement. For the avoidance of doubt, your core products and non-core products will automatically terminate if your underlying subscription or package is terminated for any reason. Any discounts to subscription products applied due to the bundling of other products will no longer apply if any of the bundled products are cancelled.

All other products ('non-core product') will continue for the period/s specified in your subscription agreement. At any time during your subscription or package term, provided you have the consent or authority of Domain Group, you may amend or renew your non-core products by completing the specified form or by notifying us as otherwise directed or agreed.

If a listing is archived and subsequently reactivated, either a new or a refresh rate will be applied to Branded, Gold, Platinum or Platinum Extend listing depending on the time period.

We reserve the right to withdraw or change our Site, products or services (including format, design, scope, etc) and/or amend these terms or your subscription agreement (including the pricing set out in your subscription agreement) at any time. Please be advised that our pricing is reviewed and subject to periodic price changes. We will give you 28 days’ prior written notice of any material changes that we make (including any price changes or material changes to our Site, products or services). If we make material changes, you may terminate this Agreement by giving us written notice within 14 days of the change. Failure to terminate within this period will constitute acceptance of the change.

You agree that:

your subscription type of either Commercial and/or Business for Sale determines the listing types you may load onto www.commercialrealestate.com.au;
your subscription can only be used for Commercial, Business for Sale (depending on subscription type) listings in relation to which you are providing full agency services in the same geographical location;
your subscription cannot be used for private sale listings or residential property listings;
you will keep your username and password for the Site safe and confidential, and you will be responsible for all activities via your username and password;
you may only advertise opportunities that your office is selling as agent/business broker and that are currently available for sale or lease;
if you are appointed to act on an on-market opportunity, you must list the relevant opportunity on the Site (unless your appointing client expressly instructs you in writing not to load the relevant opportunity to the Site);
private sale listings (including agency assisted sales listings and listings sold as part of a vendor marketing package), third party listings and listings for sale in a different geographical area to the agency cannot be listed on the Site unless you have a separate subscription which specifically includes the ability to list these types of listings;
you will not edit a listing promoting one opportunity to promote a different opportunity;
listings may only be advertised once on the Site. For the avoidance of doubt;
1. a listing at a particular street address belonging to the same owner may not be listed multiple times by the one advertiser. Should multiple lots be available at the one address from the same owner, they should be included as area range and itemised under the “Master Listing”. This listing is however permitted to be advertised by additional agencies holding an agreement for the same property;
2. a listing at a particular street address belonging to a different owner is permitted;
3. for the purposes of asset value pricing, the property value is the total cumulative value of the listing (including all sellable or leasable space). If the individual lot value falls in a lower band and the cumulative value falls in a higher band, the cumulative value will apply for purposes of calculating the property value;
for all property listings:
1. you must enter the correct property “suburb” and “price” fields (where the “price” is your reasonable estimate of the property value or range within the specific variance permitted by the Site from time to time (Your Estimate));
2. where Your Estimate is inserted as a price range, the top of this range will be used to determine the price band for that listing;
3. If you fail to provide Your Estimate or the actual sold price of the listed property is 15% or greater above Your Estimate (and falls within a higher price band), you may be charged the higher price for that listing as well as an administrative fee of $150 inc GST;
4. the listing will fall within the applicable price band at the time the listing is live on the Site (noting there will be a 48 hour period in which you can adjust the price if required). If the price is adjusted after this 48 hour period and the price is 15% or greater than the original price you entered (and falls within a higher price band), we may charge you the higher price band at our sole discretion;
5. if there is a discrepancy whereby Your Estimate is less than the advertised price of the listing on our Site, we reserve the right to charge you the relevant price band for the higher listing price;
we may provide you with complimentary services and features from time to time and may vary, withdraw or cancel your access to such services and features at our sole discretion;
you represent to us that you have the authority to advertise the listings that you load on site;
if you are a licensed real estate agent, all property listings submitted by you must include your business name, company name, your name, and any interest you have in the listed property;
you will select the correct categories for your listings and will not use misleading or incorrect selections. For example you will not select the “Office” category when your listing is a “Serviced Office”;
agent banners are for branding purposes only and may only link to the agency’s website or an agent’s profile on the agency’s website. Agency banners are not, under any circumstances, permitted to link to any webpage that promotes any property or project;
you will comply with all applicable laws and codes in relation to these terms and your listings, including by ensuring that all advertising costs are accurately disclosed to advertisers and/or that advertising rebates or credits (or the value thereof) are passed on to advertisers as required by any applicable law or code;
except as permitted by us, you will not include any logos or other forms of branding, including links to social media, agent contact details, advertising or superimposed text in your listings (including in any imagery or photos loaded to your listings);
you will archive or remove listings from the Site within 24 hours of an unconditional exchange of contracts or lease agreement being signed for the relevant property or business. Failure to remove such listings within 24 hours may incur an administration fee for each listing which is displayed, but is not available for sale or lease;
you will bear the cost of any telecommunications or internet usage charges incurred as a result of using the Site or submitting property listings;
you will not list more than 5 branded or silver listings for properties at the same street address where said properties have different owners (refer to clause 9(a) for properties at the same address with the same owner);
you will not include more than one property address per listing. For example, one listing can not include multiple street addresses;
you must not use the same titles, images or descriptions for listings at the same street address; and
any showroom or generic photos appearing in listings must clearly indicate that they are not images of the advertised property or business.

We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) via the Site.

Listings which infringe these terms may incur additional fees or be removed at our option. No refund will be payable in respect of the removed listings.

If you are a real estate agency, business broker, real estate investment trust or property developer, to list on the Site, you will be required to apply for a commercial account by completing an application form and associated paperwork provided by your account manager.

Fees are payable monthly within 30 days of the statement date on the invoice for all accounts.

Without limiting our other rights and remedies at law, in the event of non-payment or late payment, we may (at our discretion):

remove your listings from the Site;
terminate this Agreement; and/or
charge you for any agency or legal fees associated with collection of overdue amounts.

You are liable for all taxes (inc. GST), duties or government charges payable in connection with the agreement between us whether applying at the date of the agreement or in the future.

Without limiting our other rights and remedies at law, we may terminate our agreement with you immediately:

at any time and for any reason by giving you 28 days notice in writing;
if you breach this Agreement and fail to rectify that breach within 7 days notice;
if you are bankrupt, insolvent, enter into liquidation, administration or receivership, or a receiver or manager is appointed over any or all of your assets; or
if you die, your partnership is dissolved, or your company is deregistered (as applicable).

Except in relation to any of your material uploaded to the Site, which you grant us a license to deal with in accordance with our Conditions of Use, you do not have any right, title or interest in or relating to our Site. You may not use any material on our Site to establish, maintain or provide your own publications (including marketing or promotional material) or Internet Site. Except in relation to the licence referred to above, nothing in this agreement should be construed as granting any right of use in relation to any material or trademark displayed on the Site without the express written consent of the relevant owner.

To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to: (a) in the case of services supplied or offered by us, the re-supply of those services or the payment of the cost of having those services re-supplied, and (b) in the case of goods supplied or offered by us, 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.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity). For products or services supplied or offered by us, our liability to you will be limited to the amount(s) paid by you in respect of those products or services.

You agree to indemnify and hold us harmless against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site or our agreement with you, including any breach of the agreement by you.

You shall treat as confidential all information regarding our business or affairs that comes into your possession as a result of or in the performance of these terms. You must not disclose our confidential information to any third party without our written permission, unless required to do so by law.

You may not assign our agreement with you without our prior written consent. These terms, together with any contract between us incorporating these terms, comprises the entire agreement between you and us and supersedes all prior agreements. No delay or waiver by us in enforcing any provision of our agreement with you will be deemed a waiver of our rights.

If a provision in these terms or our agreement with you is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the terms and agreement will not be affected.

These terms and our agreement with you are governed by the laws in force in New South Wales and you submit to the non-exclusive jurisdiction of the courts in that State.