Website Terms and Conditions

Changes to these Terms

We may change these Terms from time to time by updating this page of the website, provided that any changes will not apply retrospectively and will not materially reduce any rights you have accrued before the update. Your continued use of the website after an update will constitute your acceptance of the updated Terms.

Access and use of the website

You must only access and use the website in accordance with these Terms and all applicable Laws, and must ensure that any person who accesses or uses the website on your behalf, including your employees, contractors, subcontractors, agents or representatives, complies with these Terms and all applicable Laws.

You are responsible for all activity carried out through your access to or use of the website, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

Certain parts of the website or platform may only be available to users who satisfy our reasonable eligibility, account registration, subscription, verification, payment or other access requirements. Consumers may browse publicly available parts of the website without creating an account, but must still comply with these Terms. You must not access or use any restricted part of the website or platform unless you are authorised to do so.

We may refuse, suspend, restrict or remove access to any part of the website or platform if we reasonably consider that you have breached these Terms, breached any applicable Law, misused the website or platform, provided false or misleading information, created a safety or security risk, or acted in a way that may harm us, users, third parties or the integrity of the website or platform, provided that we will take reasonable steps to ensure the action is proportionate to the relevant risk or breach where required by applicable Law.

The website may include links or pathways to listings, trade profiles, maps, enquiry forms, appraisal request features, quote request features, advertising, priority placements and other platform features. Your use of those features may also be subject to additional terms, policies and notices, including our Subscriber Terms, Privacy Policy, Cookies Policy, Acceptable Use Policy and Platform Disclaimer.

Your obligations

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, decompile, disassemble or reverse engineer any part of the website or platform without our prior written consent;
• use the website for any purpose other than browsing the website, searching publicly available listings or trade profiles, viewing publicly available mapping information, requesting information, contacting us, submitting permitted enquiries, requesting appraisals or quotes, learning about Home Scene or otherwise using the website for its intended purpose;
• access or attempt to access any restricted area of the website or platform unless you satisfy the applicable eligibility, account registration, subscription, verification, payment or other access requirements;
• use, or attempt to use, the website in a way that is unlawful, fraudulent, misleading, deceptive, harmful or unauthorised, or that facilitates such activity;
• create or attempt to create an account, submit an enquiry, request an appraisal, request a quote, publish a listing, create a trade profile or access any restricted part of the platform using false, misleading, incomplete or unauthorised information;
• use, or attempt to use, the website in a way that may interfere with, disrupt, damage, overload or create an undue burden on the website, platform or any systems, servers, networks, software, data or infrastructure that host or support them;
• use the website with the assistance of any automated scripting tool, scraping tool, bot, crawler, spider, data mining tool, artificial intelligence harvesting tool or similar software, except to the extent carried out by standard search engine indexing or with our prior written consent;
• scrape, harvest, mine, extract, copy, download, monitor, index or collect data from the website or platform, including property listings, images, maps, zoning data, planning data, R-Code information, trade directory information, reviews, profiles, contact details or Lead information, without our prior written consent;
• upload, transmit or introduce any virus, malware, ransomware, spyware, malicious code or other harmful component to the website or platform;
• attempt to gain unauthorised access to the website, platform, any account, data, system, server, network, API, integration, REAXML Feed or third-party system connected with them;
• scan, probe or test the website or platform for security vulnerabilities without our prior written consent;
• overload, flood, mailbomb, crash or otherwise interfere with the normal operation of the website or platform;
• instigate, participate in or assist with any denial-of-service attack or similar attack against the website or platform;
• use the website or platform to infringe the Intellectual Property Rights, privacy rights, confidentiality obligations or other rights of any person;
• submit, upload, post, transmit or otherwise provide any content or information through the website or platform that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, hateful, discriminatory, misleading, deceptive, fraudulent, infringing or otherwise inappropriate;
• submit any fake, misleading, deceptive, unauthorised, expired, withdrawn or bait property listing, trade profile, review, quote request, appraisal request, enquiry or other content;
• use the website or platform to send spam, unsolicited commercial electronic messages, phishing messages, scams, bulk messages or other unlawful or inappropriate communications;
• use the website or platform to impersonate any person, misrepresent your identity, authority, licence or insurance, or falsely suggest that you are endorsed, verified, recommended or approved by us;
• use the website or platform to copy, reproduce, republish or commercialise any listing, map, planning information, zoning information, R-Code information, trade directory information, review, profile, content or data made available through them;
• act in a way that may damage or adversely affect our reputation, goodwill, business, users, suppliers, service providers, website, platform or services;
• link to the website in a way that suggests an association, approval, endorsement, verification or recommendation by us where none exists; or
• use the website or platform in any way that is inconsistent with its intended purpose as a software, advertising, listing, trade directory and lead generation platform.

Member accounts (free)

A Member account is free of charge and is for personal, non-commercial use: for example, to save listings, trades, and agents you are interested in. It does not involve a subscription, payment, or the content-licence and listing obligations that apply to paid agent and trade accounts under our Subscriber Terms, which govern business subscribers and do not apply to you as a Member.

Because a Member account is supplied to you as a consumer, your rights under the Australian Consumer Law apply to it. We provide the saved-items service with reasonable care and skill, but it is provided “as is” for your convenience. Saved items reflect content published by agents and trades, which can change or be removed at any time, and a saved item is not a reservation, offer, or endorsement. We may suspend or close a Member account that is used to breach these Terms or our Acceptable Use Policy. You can ask us to close your Member account at any time by contacting support@homescene.com.au.

Information on the website

While we take reasonable steps to ensure that information on the website is accurate, complete and current, you acknowledge and agree that:

• the website may contain errors, defects, inaccuracies or omissions;
• the website may not be accessible, available or uninterrupted at all times;
• messages, enquiries, appraisal requests, quote requests or communications sent through the website may not be delivered promptly, or at all;
• information you receive or supply through the website may not be secure or confidential;
• any information provided through the website may not be accurate, complete, current or suitable for your circumstances; and
• information on the website is general information only and does not constitute legal, financial, planning, property, development, construction, valuation, real estate, trade, investment or other professional advice.

We may change, update, remove or replace any information, content or functionality on the website from time to time without notice, including property listings, trade profiles, maps, planning information, zoning information, R-Code information, development information, service descriptions, prices, advertising opportunities, featured placement information, priority placement information, platform features and other website content, except that any changes to paid services will be handled in accordance with the Subscriber Terms or other applicable paid service terms.

You are responsible for making your own enquiries and obtaining appropriate professional advice before relying on information available through the website, and must independently verify all property, planning, zoning, R-Code, development, boundary, title, listing, agency, trade, licence, insurance, quote, appraisal and other information before acting on it.

We do not guarantee any particular outcome from any information on the website, including any listing, trade profile, map, planning layer, zoning information, R-Code information, appraisal request, quote request, advertising opportunity, featured placement, priority placement, lead generation feature, marketplace feature or other service described on the website. To the maximum extent permitted by Law, we are not responsible for any decision you make in reliance on information available through the website, including any financial, investment, development, planning, construction, renovation, sale, purchase, leasing, agency, trade or service decision.

Any mapping, zoning, R-Code, planning, overlay, development, property boundary, title, government, Landgate, Department of Planning, Lands and Heritage, local government or planning authority information made available on or through the website or platform is provided for general informational purposes only. We do not warrant or represent that it is accurate, complete, current or suitable for any particular purpose.

Unless expressly stated otherwise in writing, we do not calculate development capacity, assess development potential, confirm planning approvals, verify property boundaries, provide surveying advice or provide town planning advice. You must independently verify all planning, zoning, R-Code, development, property boundary, title and government information with the relevant source, including Landgate, the Department of Planning, Lands and Heritage, the relevant local government and any other relevant planning authority, before relying on it or making any decision.

Intellectual property

We retain ownership of the website and all materials made available on or through it, including text, graphics, logos, designs, icons, images, audio, video, maps, mapping interfaces, listing layouts, directory structures, pricing, downloads, software, features, functionality, data compilations and other website content. Nothing in these Terms transfers any Intellectual Property Rights in the website, platform or website content to you.

You must not use our trade marks, business names, logos, branding or get-up without our prior written consent, except to the extent permitted by Law. You may make a temporary electronic copy of all or part of the website solely for the purpose of viewing it and using it for its intended purpose.

You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish, communicate, commercialise, scrape, harvest, extract, frame, mirror or otherwise exploit the website, platform or any website content without our prior written consent, except to the extent permitted by Law. This includes any property listing, image, floorplan, map, mapping layer, zoning information, R-Code information, planning information, trade directory information, profile, review, contact detail, Lead information or other data made available through the website or platform.

If you upload, submit, transmit or otherwise provide any content through the website or platform, ownership and use of that content will be governed by our Subscriber Terms, Privacy Policy and any additional terms that apply to the relevant feature or service. You represent and warrant that you have all rights, consents, permissions and authorities required to provide it, and that doing so does not infringe any Intellectual Property Rights, privacy rights, confidentiality obligations or other rights of any person.

Links to other websites

The website may contain links to third-party websites, platforms, services or resources, including real estate agency websites, trade or service provider websites, government websites, planning authority websites, mapping or property information websites, payment providers, social media platforms and other third-party services. Those links are provided for convenience only and may not remain current, available or maintained.

We do not control, and are not responsible for, the content, privacy practices, security, availability, accuracy, completeness, currency or operation of any third-party websites, platforms, services or resources. The inclusion of a link does not imply that we approve, endorse, sponsor, verify, guarantee or recommend the linked website, platform, service, resource, operator, agency, agent, trade professional, local service provider or any goods or services offered by them.

If you access a third-party website, platform, service or resource, you do so at your own risk and should review the relevant terms, privacy policy, disclaimers and notices before using it, relying on it or providing any information. We are not responsible for any loss, damage, cost or expense arising from or in connection with your access to, use of, or reliance on, any third-party website, platform, service or resource.

Security

We take reasonable steps to maintain the security of the website and platform. However, we do not guarantee that they will be secure, uninterrupted, error-free or free from viruses, malware, ransomware, spyware, malicious code or other harmful components.

You are responsible for taking your own precautions when accessing or using the website or platform, including using appropriate security software, keeping your devices, browsers and systems up to date, using secure networks, maintaining backups, and ensuring that your method of access does not expose you or others to security risks.

If you create an account or access any restricted part of the website or platform, you are responsible for keeping your login details secure and confidential and for all use of your account, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct. You must notify us promptly if you become aware of any unauthorised access to, or use of, your account, login details, device, system, data, listing, profile, enquiry, appraisal request, quote request or other platform feature, and must take reasonable steps to mitigate any resulting loss, misuse or unauthorised disclosure.

You must not attempt to bypass, disable, interfere with, test, probe, overload, compromise or circumvent any security measure, access control, usage limit, verification process, payment process, technical restriction or other protection used in connection with the website or platform, and must not upload, transmit, introduce or permit any virus, malware, ransomware, spyware, malicious code, harmful component or unauthorised automated tool to access or affect them.

To the maximum extent permitted by Law, we are not responsible for any loss, damage, cost or expense arising from or in connection with any virus, malware, malicious code, cyber incident, unauthorised access, data breach, account compromise, system failure, third-party service failure or other form of interference affecting your computer system, mobile phone, device, software, data, account, listings, profile, enquiries, communications or other property in connection with your access to or use of the website or platform, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

Reporting misuse

If you become aware of any misuse of the website or platform, error, defect, inaccuracy, omission, security issue, unauthorised access, suspicious activity, harmful activity, unlawful content, misleading content, fake listing, bait advertising, false review, spam, phishing, malware, scraping, automated access, account compromise, misuse of personal information, unauthorised use by a minor, or any content or conduct that may create a safety, security, legal, privacy, reputational or platform integrity risk, please contact us as soon as reasonably practicable at support@homescene.com.au or through our contact page.

Privacy

We handle personal information in accordance with our Privacy Policy, which is available on our website. Our Cookies Policy explains how we use cookies, analytics tools and similar technologies, and is also available on our website.

By accessing or using the website or platform, you acknowledge that we may collect, hold, use and disclose personal information in accordance with our Privacy Policy and applicable privacy Laws, and use cookies and similar technologies in accordance with our Cookies Policy.

You must only provide personal information about another person to us if you are authorised to do so and have provided any notices, obtained any consents and satisfied any other requirements under applicable privacy Laws.

If you submit an enquiry, appraisal request, quote request, lead form, account registration, listing, profile, review or other information through the website or platform, you acknowledge that we may use and disclose that information for the purpose of providing, operating, supporting and improving the website, platform and related services, including by disclosing relevant information to the applicable agency, agent, trade professional, local service provider, subscriber or other intended recipient.

You must not use any personal information obtained through the website or platform for any purpose other than the purpose for which it was provided, including for unrelated marketing, list building, data scraping, resale, profiling, spam, unsolicited commercial electronic messages or any other unauthorised purpose. You must take reasonable steps to protect any personal information you obtain through the website or platform from misuse, interference, loss, unauthorised access, unauthorised modification and unauthorised disclosure, and must promptly notify us of any actual or suspected unauthorised access to, or disclosure of, that personal information.

Liability

To the maximum extent permitted by Law, the website, platform and all website content are provided on an “as is” and “as available” basis.

We do not represent or warrant that the website or platform will be uninterrupted, error-free, secure, available at all times or free from viruses, malware, ransomware, spyware, malicious code or other harmful components, or that any website content, listing, profile, review, map, mapping layer, planning information, zoning information, R-Code information, property boundary information, development information, appraisal request, quote request, lead, advertising opportunity, featured placement, priority placement or other feature will be accurate, complete, current, reliable, suitable for your circumstances or suitable for any particular purpose.

You acknowledge that information available on or through the website or platform is general information only and must not be relied on as legal, financial, planning, property, development, construction, valuation, real estate, trade, investment or other professional advice. You are responsible for making your own enquiries, obtaining appropriate professional advice and independently verifying all information before relying on it or making any decision.

To the maximum extent permitted by Law, and except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct, we are not liable to you or any third party for any loss, damage, cost or expense suffered or incurred in connection with:

• your access to, use of, or inability to use, the website or platform;
• any information, content, listing, profile, review, map, mapping layer, planning information, zoning information, R-Code information, property boundary information, title information, development information, material or data available on or through the website or platform;
• any Landgate, Department of Planning, Lands and Heritage, local government, planning authority, government, mapping provider, planning data provider or other third-party information available on, linked from, referred to or made available through the website or platform;
• any error, omission, inaccuracy, delay, outdated information or incompleteness in any mapping, zoning, R-Code, planning, property boundary, title, overlay, development, government or third-party information;
• any advertising opportunity, featured placement, priority placement, marketplace feature, platform feature, directory feature, enquiry feature, appraisal request, quote request, lead generation feature or other service described on or made available through the website or platform;
• any automated tool, mapping tool, search tool, estimate, suggestion, recommendation, generated output or other automated output made available through or described on the website or platform;
• any error, defect, inaccuracy, omission, delay, interruption, outage, security issue, cyber incident, unauthorised access, data issue, failed communication, failed enquiry, failed appraisal request, failed quote request or third-party service issue affecting the website or platform;
• any third-party website, platform, service, resource, provider, agency, agent, trade professional, local service provider, government authority, planning authority, mapping provider, payment provider or other third party linked from, referred to or made available through the website or platform;
• any quote, negotiation, contract, transaction, appointment, service, workmanship, property damage, settlement, agency conduct, trade conduct, consumer conduct, licence issue, insurance issue, professional conduct issue or dispute involving any user or third party; or
• any financial, investment, development, planning, construction, renovation, sale, purchase, leasing, agency, trade or service decision made in reliance on information available on or through the website or platform.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy you may have under the Australian Consumer Law or any other applicable Law that cannot lawfully be excluded, restricted or modified.

If the Australian Consumer Law or any other applicable Law implies a condition, warranty or guarantee into these Terms that cannot lawfully be excluded, then, to the maximum extent permitted by Law, our liability for breach of that condition, warranty or guarantee is limited, at our option, to the resupply of the relevant services or the payment of the cost of resupplying the relevant services, unless it would not be fair or reasonable for us to rely on that limitation under the Australian Consumer Law.

General

Governing law and jurisdiction

These Terms are governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts in relation to any proceedings arising out of or in connection with these Terms, the website or the platform. Each party waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum, except to the extent that the waiver would be unenforceable under applicable Law.

Waiver and severance

No party may rely on the words or conduct of another party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. A waiver is limited to the specific right and circumstances for which it is given. A delay or failure to exercise a right does not operate as a waiver of that right, and a single or partial exercise of a right does not prevent any further exercise of that right or any other right.

If any provision of these Terms is wholly or partly void, invalid, illegal or unenforceable, that provision is severed to the extent necessary and the validity and enforceability of the remaining provisions is not affected.

Assignment

You must not assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, which we will not unreasonably withhold where the transfer does not adversely affect us, the website, the platform, any user or any third party.

We may assign, novate or otherwise transfer any of our rights or obligations under these Terms as part of a business sale, restructure, merger, acquisition, investment, financing arrangement, transfer of the website or platform, or transfer of all or part of our business, provided that the transfer does not materially reduce your rights under these Terms.

Entire agreement and document hierarchy

These Terms, together with any documents, policies, notices or additional terms expressly incorporated by reference, contain the entire agreement between the parties about their subject matter, and supersede any prior negotiations, understandings, representations, arrangements or agreements about their subject matter. You acknowledge that you have not relied on any representation, warranty, promise or statement that is not expressly set out in these Terms, except to the extent this cannot be excluded under Law.

If there is any inconsistency between these Terms and another policy, notice or document published by us, the more specific document will prevail to the extent of the inconsistency, unless expressly stated otherwise. If there is any inconsistency between these Terms and our Subscriber Terms in relation to a paid subscription, account, listing, REAXML syndication, trade profile, lead feature, advertising feature, priority placement or restricted platform feature, the Subscriber Terms will prevail to the extent of the inconsistency for that feature or service. Nothing in this section limits any right, guarantee, warranty or remedy that cannot be excluded, restricted or modified under Law.

Interpretation

In these Terms:

• words in the singular include the plural and vice versa;
• words indicating a gender include all genders;
• if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
• a reference to a person includes an individual, company, corporation, partnership, trust, association, government authority or other legal entity;
• a reference to a party includes that party’s successors and permitted assigns;
• a reference to a document includes that document as varied, replaced, supplemented or updated from time to time, provided that any such change will not apply retrospectively unless expressly stated or required by Law;
• a reference to the website or the platform includes any replacement, updated or modified version of it;
• a reference to Law includes any applicable statute, regulation, by-law, ordinance, subordinate legislation, rule of common law, equity, regulatory requirement, mandatory code or lawful direction of a government authority;
• headings are for convenience only and do not affect interpretation;
• the words “including”, “includes” and similar expressions are not words of limitation;
• no provision of these Terms will be interpreted adversely to a party because that party was responsible for preparing the provision; and
• a reference to $ or dollars is to Australian currency, unless stated otherwise.

Definitions

Acceptable Use Policy

means our acceptable use policy published on the website or otherwise notified to you, as updated from time to time, provided that updates will not apply retrospectively unless expressly stated or required by Law.

Australian Consumer Law

means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Cookies Policy

means our cookies policy available on the website, as updated from time to time.

Intellectual Property Rights

means any and all present and future intellectual and industrial property rights throughout the world, whether registered or unregistered, including copyright, trade marks, designs, patents, moral rights, circuit layout rights, trade, business, company and domain names, trade secrets, know-how, confidential information and other proprietary rights, and any rights to registration, renewal or extension of those rights.

Law

means any applicable statute, regulation, by-law, ordinance, subordinate legislation, rule of common law, equity, regulatory requirement, mandatory code or lawful direction of a government authority.

Platform

means the Home Scene online property, listing, trade directory and lead generation platform, including any software, mapping tools, listings, directory, profiles, REAXML syndication functionality, lead features, appraisal request features, quote request features, priority placement features and related services made available by us from time to time.

Platform Disclaimer

means our Platform Disclaimer & Complaints page and any mapping disclaimer, property information disclaimer or other disclaimer published by us on the website or through the platform, as updated from time to time.

Privacy Policy

means our privacy policy available on the website, as updated from time to time.

Subscriber Terms

means our subscriber terms (also referred to as our SaaS Terms and Conditions), which apply to subscriptions, accounts, REAXML syndication, listings, trade profiles, lead features, paid services, advertising, priority placement and restricted platform features, as updated from time to time.

Terms

means these website terms and conditions, as updated from time to time.

Website

means homescene.com.au and any other website operated by us in connection with the platform.