Terms and Conditions
1. Acceptance of Terms
1.1 These Terms and Conditions govern your access to and use of the SaleByHomeOwner.com.au website, dashboards and related services.
1.2 By creating an account, listing a property or using the services you agree to these Terms and to our Privacy Policy.
2. Definitions
“Account” means the login and profile we issue to you.
“Listing Content” means text, photos, floor plans, video and documents you provide.
“Portal” means any third-party site where we publish listings, including realestate.com.au and domain.com.au.
“Services” means our website, dashboards and marketing tools.
3. Who we are and our role
3.1 “SaleByHomeOwner.com.au”, “we”, “us” and “our” include WAADII Pty Ltd and related partner sites. “You” and “your” mean the customer, user or account holder.
3.2 We provide marketing, listing tools and customer service support so owners can sell or rent their properties independently, without paying real estate agents’ commissions or fees. We are not a party to your transaction and do not act for you in any sale or lease negotiations.
4. Changes to these Terms and to the Services
We may update content, features, packages, fees and these Terms by publishing changes on our website. If you do not agree, stop using the Services.
5. No professional advice
Information on our website is general in nature. It is not legal, financial or real estate advice. Seek your own professional advice before entering any binding transaction.
6. Eligibility and authority to list
6.1 You confirm you are the property owner or have lawful authority from the owner to list.
6.2 You agree to provide a signed General Listing Authority and any other compliance documents we reasonably request before publication.
6.3 Jurisdiction-specific pre-advertising requirements
- NSW: A Contract for Sale must be prepared before a residential property is marketed or advertised.
- ACT: A seller must have a draft contract for the sale of residential property ready before the property is first offered for sale.
- VIC: While a contract is not required before advertising, the vendor must provide a Section 32 Vendor Statement to the purchaser before the purchaser signs the contract.
6.4 Strong recommendation for all states and territories: Have a complete Contract of Sale and all required disclosure documents prepared by your solicitor, conveyancer or settlement agent before listing your property online.
7. Identity and ownership verification
You agree to provide evidence we reasonably request to verify your identity and your right to list, such as photo ID, title search, rates notice or a signed authority. We may delay, refuse or remove a listing until verification is complete.
8. Accounts and security
8.1 We authenticate access using one-time passcodes sent to your nominated mobile number or device. Keep your device secure. Do not share or forward passcodes to anyone.
8.2 You are responsible for all activity on your Account following successful passcode entry. Tell us immediately if your device is lost, compromised or your mobile number changes: [email protected].
9. Your obligations as a lister
9.1 Provide accurate, current and complete Listing Content, including the correct address and required disclosures.
9.2 Respond to buyer or tenant enquiries promptly and professionally.
9.3 One listing relates to one property only. Do not use a listing to solicit enquiries for other properties.
10. Listing rules and acceptable content
10.1 Do not place personal contact details or third-party links inside the public description. Enquiries are routed through our system and then forwarded to you.
10.2 Your content must not be unlawful, misleading, defamatory, obscene, infringing or otherwise non-compliant.
10.3 We comply with portal policies, including REA Group rules. We may edit, reformat, refuse or remove content that breaches these Terms, portal rules or applicable law.
11. Publication locations and reliance on third-party Portals
11.1 Depending on your package, we publish your listing on SaleByHomeOwner.com.au and on selected Portals.
11.2 Portals are independent and may change features, timeframes or terms without notice. We cannot guarantee placement, uninterrupted availability, feature status or listing duration on any Portal.
12. Managing your listing
12.1 Make changes and updates through the platform we provide unless we agree otherwise.
12.2 Package inclusions control listing type. Standard listing applies unless your package expressly includes an upgrade, for example a defined feature period on realestate.com.au.
12.3 Where a package includes unlimited edits, fair use applies. We may limit or batch excessive, repetitive or operationally burdensome change requests.
13. Listing duration, withdrawal and reactivation
13.1 On SaleByHomeOwner.com.au your listing remains live until sold or leased, or until you ask us to remove it, unless your selected package specifies a fixed listing period or end date (Package Term).
13.2 If your package includes a fixed Package Term, publication will end at expiry unless you renew, extend or upgrade before the expiry date.
13.3 Publication on third-party Portals is subject to each Portal’s policies and any package inclusions. Defined feature slots or time-limited placements run for the stated period. Portal publication may also end when your Package Term ends.
13.4 After upload to Portals, you may withdraw a listing once for up to 60 days from the date of first withdrawal. Listings re-added after 60 days may incur a new listing fee because the Portal may treat it as a new listing. If your package has expired, reactivation may require a renewal or upgrade.
13.5 Request removals, renewals, extensions or reactivations via your dashboard or by emailing [email protected].
14. Enquiries and communications workflow
Reply to the enquirer directly using the contact details in the enquiry. For emails, click the enquirer’s email address and reply to them, not to our notification. Call the buyer or tenant using the phone number they provided. Do not use our 1300 number to respond to enquirers.
15. Safety, access and insurance
You are responsible for the safety of people attending inspections and for securing the premises. Arrange your own insurance, including public liability if required. We are not liable for loss, injury or damage arising from inspections, access or keys.
16. Fees, payment and taxes
16.1 All fees are in Australian dollars and payable before listing. Fees include administration for account setup.
16.2 No additional fees are payable to us on settlement. Our fee is earned when your account is created.
16.3 Fees include GST unless stated otherwise. If a card issuer reverses or charges back a payment, you remain liable for the fee and any reasonable recovery costs.
17. Refunds, credits and upgrades
17.1 No refunds once your property has been uploaded to our website or to any Portal, as third-party Portals do not provide refunds once a listing has gone live on their websites.
17.2 Seven-day change of mind before Portal publication. You may request a refund within seven days of purchasing your listing package only if your property has not yet appeared on any websites or Portals. After seven days our service is deemed complete and no refunds, credits or compensation will be issued.
17.3 Subscription disruption. If your property is removed from realestate.com.au due to cancellation, removal or termination of our subscription, you may request a refund if your property first appeared within five days before the date of removal or termination. After five days, no refunds, credits or compensation will be issued.
17.4 Listing upgrades on realestate.com.au, domain.com.au or other Portals are often processed immediately and are non-refundable. It is the property owner’s responsibility to choose upgrades that suit the property’s needs. Third-party Portals do not offer refunds after a listing upgrade has been processed.
17.5 Changes or outages at Portals do not entitle you to refunds or credits.
18. No trust account or handling of client money
We do not hold deposits or sale proceeds and we do not operate a trust account. All negotiations, deposits, contracts and settlements are strictly between you and the counterparty.
19. Advertising law, tenancy and anti-discrimination
19.1 You are responsible for ensuring Listing Content complies with Australian Consumer Law and state or territory real estate rules. Claims must not be false, misleading or deceptive and price representations must be accurate.
19.2 For rental listings you must comply with residential tenancy and anti-discrimination laws. Do not include unlawful criteria or instructions in your Listing Content or communications.
20. Moderation, notice and takedown
If we receive a legal complaint, infringement notice or regulator request about your listing, we may edit, hide or remove the listing without prior notice. We will notify you where we are legally allowed to do so.
21. Unauthorised copying, scraping, framing and passing off
21.1 You must not copy, reproduce, republish, scrape, spider, crawl, harvest, data-mine, bulk download, frame, mirror or hotlink any part of our website or Services. This includes listings, photos, videos, copy, floor plans, pricing, reviews, schema or metadata.
21.2 You must not present, publish or advertise any content taken from our website as your own listings or inventory, and you must not imply any affiliation, approval or sponsorship. You must not use our trade marks, brand, look and feel or any confusingly similar elements in a way that is likely to mislead.
21.3 You must not use contact details or leads obtained from our website for unsolicited marketing or to promote third-party services.
21.4 Breach of this clause may amount to copyright infringement under the Copyright Act 1968 (Cth), misleading or deceptive conduct and false representations under the Australian Consumer Law, and passing off at common law.
21.5 We may take enforcement action without notice, including suspending or terminating access, blocking IP ranges, issuing takedown notices to hosts, search engines and Portals, notifying regulators, and commencing legal proceedings for injunctions, damages or an account of profits. For deliberate or flagrant infringement we may seek additional damages and recovery of legal costs.
21.6 If you wish to license our data or content, you must obtain our prior written consent under a separate agreement. We may use digital watermarks and similar measures to detect unauthorised copying.
21.7 This clause is in addition to any technical rate limits and security controls we apply.
22. Service availability and support hours
The Services are provided on an “as available” basis. We do not promise uninterrupted or error-free operation. Support is provided during published business hours and response times are not guaranteed.
23. Changes to packages, third-party costs and fees
23.1 We may change package names, inclusions and fees at any time by publishing updates on our website.
23.2 Third-party suppliers, including real estate Portals, photographers, signage suppliers, printers, courier providers and other service partners, may change their products, inclusions or pricing at any time. These changes can affect our package pricing and inclusions.
23.3 When third-party changes affect our packages, we will update the current pricing and inclusions on the relevant package pages on our website. Outside of those package pages, we do not guarantee the accuracy of any other prices or inclusions for our services, including older advertising, screenshots, emails, PDFs or cached pages that may still be visible online.
23.4 Changes apply prospectively unless stated otherwise. Existing live listings are not automatically upgraded or downgraded.
23.5 If a third party withdraws, alters or limits a product or feature included in your package, we may provide a reasonable substitute or remove the affected component. No refunds or credits are offered unless required by law or stated elsewhere in these Terms.
23.6 Professional photography. Photography is supplied by independent third-party providers. Photography sessions are non-refundable after booking. If you cancel, delay or reschedule, any rebooking, call-out, late-change, no-show or travel fees charged by the photographer or their booking agency will be passed on to you as the property owner. Any re-editing requested after image delivery is billable and payable by you.
24. Intellectual property in our site
All intellectual property rights in our website and Services are owned or licensed by SaleByHomeOwner.com.au or WAADII Pty Ltd. You must not copy, reproduce, re-sell, store or re-transmit our materials without prior written consent.
25. Licence to use your materials and moral rights consent
25.1 You retain ownership of your Listing Content. You grant us a worldwide, royalty-free licence to host, use, reproduce, adapt, crop, resize, watermark, communicate and publicly display the Listing Content for providing and promoting the Services, including re-publishing to Portals and social channels.
25.2 You consent to us making technical changes that might otherwise affect moral rights, for example resizing or formatting media for publication.
26. Third-party IP and media warranties
You warrant you own or have licences for all photos, floor plans, copy and other media you upload. You must not upload watermarked or infringing materials. You indemnify us for claims that your Listing Content infringes third-party rights.
27. Privacy
Your personal information is handled in line with our Privacy Policy, available via the website footer. By using the Services you consent to that policy and to our sharing of necessary details with service providers and Portals to deliver the Services.
28. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or guarantees that cannot be excluded under the Australian Consumer Law. If a provision is inconsistent with a non-excludable right or guarantee, that right or guarantee prevails to the extent of the inconsistency.
29. Disclaimers and limitation of liability
29.1 We provide marketing tools only. We do not warrant outcomes such as number of enquiries, ranking, feature placement, sale price or time on market and we are not responsible for the acts or omissions of buyers, tenants, Portals or other third parties.
29.2 To the extent permitted by law, we exclude liability for indirect or consequential loss, loss of profits, loss of opportunity or loss of data. Your remedies are limited to those required by law and any express remedies under these Terms.
30. Indemnity and release
30.1 You indemnify us and our officers, employees and agents against claims, losses, damages, costs and liabilities arising from your breach of these Terms, your unlawful use of the Services or your Listing Content.
30.2 Except where non-excludable rights apply, you release us from claims connected with your use of the Services except to the extent caused by our own acts.
31. Portal policy compliance
31.1 REA Group allows advertising only via licensed real estate agencies. Private vendors cannot publish directly on realestate.com.au.
31.2 You agree to complete and return our General Listing Authority and any other forms we provide so we can publish through our account in line with Portal rules. Breaches can trigger immediate removal by the Portal and any reinstatement windows or fees are at the Portal’s discretion.
32. Force majeure
We are not liable for delay or failure caused by events beyond our reasonable control. If such an event continues for more than 14 days, we may end affected services with notice.
33. Circumvention prohibited
If we bar, suspend or limit your access for a material breach, you must not circumvent that action by opening another account or posting a new ad under a different name. We may remove any such listing and you will forfeit all fees paid.
34. Data retention and use
We may retain account and listing records as required by law and for our legitimate business purposes, even after a listing is removed. We may anonymise and use aggregated data to improve the Services.
35. Assignment and subcontracting
We may assign our rights or subcontract our obligations under these Terms. This will not reduce your statutory rights. You must not assign your account or listing without our consent.
36. Dispute process
Before starting court action, both parties will use reasonable efforts to resolve disputes through written notices and good-faith discussions within 14 days. This does not limit either party’s right to seek urgent injunctive relief.
37. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland.
38. Severability and entire agreement
If any provision is invalid or unenforceable, it is severed and the remainder continues in force. These Terms, together with any package-specific inclusions, form the entire agreement between you and us about the Services.
39. Contact
For questions, removals, renewals, extensions or reactivations, contact [email protected].
