If you browse or otherwise access any content or data on the offtheplanrealestate.com platform (including its website, mobile site, apps and voice assistant products), you agree to be bound by these terms.
If you are an offtheplanrealestate.com customer looking for the general terms and conditions applicable to your offtheplanrealestate.com.au subscriptions and other products, please go to our terms and condition section.
These terms of use and our privacy statement form the basis on which you may access and use our platform, including its websites, any subdomains of those websites, mobile sites, apps, voice assistant products, APIs and widgets (together called “our platform” in these terms). For APIs and widgets, the additional terms of use also apply.
We reserve the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our platform your sole option is to immediately cease your use of our platform.
We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Information on our platform and in any realestate.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.
firststepinvest Pty Ltd & Offtheplanrealestate.com is responsible for maintaining our platform and all offtheplanrealestate.com publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of Third Party Content on our website) and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.
In accessing or using our platform you agree that you will not:
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our platform and publications is copyright, written permission must be obtained directly from the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third-party websites do not form part of our platform and are not under the control of or the responsibility of offtheplanrealestate.com. When you link to those websites you leave our platform and do so entirely at your own risk. Offtheplanrealestate.com and its related entities make no warranty as to the accuracy or reliability of the information contained on any third-party websites, and offtheplanrealestate.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third-party websites. A display of advertising does not imply an endorsement or recommendation by offtheplanrealestate.com.
In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that we have permitted you to host, share, publish, post, store or upload on our platform as permitted under these terms.
Offtheplanrealestate.com may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, offtheplanrealestate.com may remove or disable access to any or all your Contributions if it considers that:
You retain all of your ownership rights in your Contributions. We are under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant us a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by offtheplanrealestate.com and these terms.
You grant offtheplanrealestate.com in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
For any Contributions that you may retain moral rights in, you declare that:
You represent and warrant that:
Our platform contains content provided to offtheplanrealestate.com by other parties (Third Party Content). Offtheplanrealestate.com does not have a practice of monitoring or making inquiries about Third Party Content.Offtheplanrealestate.com is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of offtheplanrealestate.com. You rely on Third Party Content completely at your own risk.
If you request a property or suburb report or price estimate (Property Report) via our platform, you consent to the use of your email address for the purposes described in our Privacy Policy. Property Reports are of a general nature only, based on historical data and will not take into account the potential impact of external factors (such as changes in the economy, future planned infrastructure, regulation, environment or the property market) which may affect the value of the property. Property Reports should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before making any property decisions. In providing a Property Report, we do not act as an agent for you or any real estate professional involved in preparation of the report. For the avoidance of doubt, indicated sections of Property Reports and sections provided by real estate professionals (including any price estimate) are deemed to be Third Party Content for the purposes of the section immediately above.
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
Offtheplanrealestate.com Connect is a household utilities comparison service which allows you to compare and apply to purchase utilities products and services provided by various third parties such as energy, gas and telecommunications providers (Household Utilities) at a nominated address. You may access offtheplanrealestate.com either:
You represent and warrant that:
You agree to indemnify and hold offtheplanrealestate.com and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to our platform or making Contributions not in accordance with these terms.
You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL OFFTHEPLANREALESTATE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF OFFTHEPLANREALESTATE.COM OR FIRSTSTEPINVEST PTY LTD AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
Your use of our platform, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.