Terms & Conditions

This website is owned, operated and maintained by Sell My Castle Pty Ltd, Level 1, 135 Glenferrie Rd, Malvern, Victoria 3144 (the Company)

These Terms and Conditions (Terms) govern your use of the website at www.sellmycastle.com.au . Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by these Terms and Conditions. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason.

If you register as an agent with The Company, you accept that you are also bound by separate Agent Terms and Conditions in addition to these Terms and Conditions.

Your continued use of this website and our services constitutes your agreement to these Terms and Conditions and any modifications to them

The Company authorizes You to view and access a single copy of the content available on or from sellmycastle.com.au (the Website).

The Content of the Website, such as text, graphics, images, logos, button icons, software and other Website content (collectively Content), are protected under both Australian and foreign copyright, trademark and other laws.

All Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all Content on this Website is the exclusive property of the Company and protected by Australian and international copyright laws.

Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy You make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose.

The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate any Content or the pages making up any SellMyCastle Site. The HTML Code also forms part of the Company’s intellectual property and is protected by the Company's copyright.

Nothing you do on or in relation to the Website will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.

We attempt to keep the Content of the Website up to date. However, we do not warrant the accuracy or currency of the Content.

Users may not use The Website in order to transmit, distribute, store or destroy material, including without limitation:

• (a) in violation of any applicable law or regulation
• (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
• (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

• (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
• (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
• (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or
• (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:

• a) Posting any incomplete, false or inaccurate biographical information or information which is not your own.
• b) The Website may be used only by registered Real Estate Agents and Sellers. The Real Estate Agency must hold a necessary licence issued by an appropriate the regulatory authority.
• c) Real Estate Agents, or anybody closely related to a Real Estate Agent, are prohibited to register as Sellers. Agents who register as Sellers will be excluded from using this service and will be seen as breaching the Terms and Conditions. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to You by the Company, upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information You submit to the Website. The Company also has the right to inform other users of any breach committed by You.
• d) Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only.
• e) Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website. As soon as a Seller accepts to be contacted by an Agent, the contact details of the Seller will be released to the Agent. These contact details are then no longer regarded as unsolicited.
• f) Deleting or revising any material posted by any other person or entity.
• g) Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
• h) Taking any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure.
• i) If You have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
• j) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Company on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
• k) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
• l) Aggregating, copying or duplicating in any manner any of the Content or information available from the Website.
• m) Framing of or linking to any of the Content or information available from the Website
• n) Violating any applicable State, Commonwealth or International Law, convention or regulation
• o) Harassing any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth).

To view our Privacy Charter, please click here

The Company has taken all reasonable steps to ensure that all relevant Laws are being complied with as part of Your use of this service.

We are committed to protecting Your Privacy in accordance with our Privacy Policy (please click here to view). By accessing the Website You agree to the terms of our Privacy Policy

When You register for the Website, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on the Website, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Each property made available through the Website has not been evaluated by Company and should be evaluated by each Agent based on such seller's specific criteria. The Company does not independently verify the information provided by sellers or the identity of sellers.

As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Website You agree not to, do the following things:

• a) post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it;
• b) post material that reveals trade secrets, unless You own them or have the permission of the owner;
• c) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
• d) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
• e) post material that is off-topic on topic-specific message boards;
• f) post a sexually explicit image or statement;
• g) post advertisements or solicitations of business,
• h) post chain letters or pyramid schemes;
• i) impersonate another person;
• j) or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit for the online distribution and publication of user-submitted real estate information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non performance of such activities.

The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of The Website, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

We appreciate hearing from our customers and welcome your comments regarding our services and the Websites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your registration or password.

The Company respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to the Website of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on The Website, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled.

We expect that You will use caution and common sense when using the Website. The Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Content. The use the Websites and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Websites. Sellers and Agents are solely responsible for their postings on the Website.

To the extent permitted by law our aggregate liability to you, whether for breach of these Terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Website is limited to the following, the choice of which is at our sole discretion:

In the case of goods any one or more of the following:

1. 1. the replacement of the goods or the supply of equivalent goods;
2. 2. the repair of the goods;
3. 3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. 4. the payment of the cost of having the goods repaired; or

In the case of services:

1. 1. the supply of the services again; or
2. 2. the payment of the cost of having the services supplied again.

To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage or loss.

The Website contains links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If You decide to access linked third party sites, You do so at your own risk.

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Website.

The failure by the Company to insist upon or enforce strict performance of any of these Terms shall not be construed as a waiver of any right or remedy of the Company in respect of any existing or subsequent breach of these Terms.

Certain areas of this Website are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

These Terms are governed by the laws of Victoria and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria and any Court competent to hear appeals from those Courts.

If you consider that any Content on the Website breaches your intellectual property rights please notify the Company by email to info@sellmycastle.com.au or via mail to the Company at Level 1, 135 Glenferrie Rd, Malvern, Vic 3144. Notification and any action that the Company takes in response is not an admission that there has been a breach of intellectual property rights, or that the Company accepts any liability in relation to such a breach. The Company does not guarantee to take any action if notified under this clause.