Terms of Service

Last Updated: [10-11-2024]

Welcome to Property Up. By accessing and using our website (www.propertyup.com.au) and services, you agree to comply with and be bound by the following Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree to these Terms, you must not use our services.

1. Acceptance of Terms

By using Property Up’s platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other policies referenced. If you are using Property Up on behalf of a company or legal entity, you confirm you have the authority to bind that entity to these Terms.

2. Eligibility

To use Property Up, you must be at least 18 years old and have the legal capacity to enter into binding contracts. By using our platform, you represent and warrant that you meet this eligibility requirement.

3. Services Provided

Property Up is a platform connecting property owners (“Vendors”) with real estate agents based on market data analysis. Our services include:

• Collecting vendor information via inquiry forms.
• Analyzing recent real estate sales and agent performance.
• Matching vendors with agents who meet specific criteria.
• Facilitating introductions between vendors and selected agents.

Property Up is not a real estate agent or broker and does not directly engage in real estate transactions. We serve strictly as an intermediary.

4. User Responsibilities

You are responsible for ensuring that the information you provide is accurate, current, and complete. You agree not to use Property Up for any unlawful, fraudulent, or misleading purposes. If we find misuse, we reserve the right to suspend or terminate your account and access to our services.

5. Use of Content and Intellectual Property

All content, including text, graphics, logos, and software found on the Property Up website, is protected under Australian and international intellectual property laws. You may not copy, modify, distribute, or commercially exploit any part of this content without explicit written permission from Property Up. Unauthorised use of the website may result in immediate termination of your access and potential legal consequences.

6. Privacy and Data Protection

Property Up is committed to safeguarding your personal information. Please refer to our Privacy Policy for detailed information on how we collect, store, and use your data. By using our platform, you consent to this data collection and handling. Your information will be shared with agents only after completing our referral process, and we will not disclose your information to third parties except as required by law.

7. Fee Structure

Property Up operates a transparent and fair fee structure to align with the value of each transaction. Our fees include:

• Listing Fee: Agents are charged a fee once the property is listed.
• Commission Share: Agents contribute a percentage of their commission when a sale is completed.

To ensure fairness, the total fees charged by Property Up, including listing fee and commission share, are capped at a maximum of 20% of the agent’s commission. This cap guarantees that our referral fees remain equitable and aligned with the scope of the transaction.

8. Agent Selection and Responsibility

Property Up recommends agents based on performance analysis. However, the final decision to engage with any agent lies solely with the vendor. Property Up is not responsible for the actions, advice, performance, or outcomes of the agents introduced via our platform.

Any agreements or transactions between vendors and agents are undertaken at the discretion and risk of the involved parties.

9. Limitation of Liability

To the fullest extent permitted by law, Property Up, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our platform, including loss of profits, data, or goodwill.

In any event, Property Up’s maximum liability to you will not exceed the amount paid by you, if any, for accessing or using the platform.

10. No Real Estate Advice

The information provided on our platform is for informational purposes only and should not be considered legal, financial, or real estate advice. We encourage users to seek professional advice before making any decisions based on the content or services offered through Property Up.

11. Termination of Services

Property Up reserves the right to terminate or suspend your account at any time, for any reason, without prior notice. Any provisions in these Terms that are intended to survive termination will continue to apply post-termination.

12. User Conduct

You agree to use the Property Up website only for lawful purposes. Users may not upload or post defamatory, obscene, harmful, or illegal content. Violating these Terms may result in the immediate termination of your account.

13. Third-Party Relationships

Property Up serves only as an intermediary. We are not responsible for the actions, content, advice, or outcomes of third-party services, including real estate agents. Any legal, financial, or contractual relationship entered into with third parties is solely between you and that party.

14. Disclaimers of Warranty

Property Up provides its services “as is” without any warranties or guarantees. We do not guarantee that the platform will be error-free or uninterrupted, nor do we warrant the quality or suitability of any agent or service accessed through the platform.

15. Indemnification

You agree to indemnify, defend, and hold harmless Property Up, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the platform or your violation of these Terms.

16. Changes to Terms of Service

We reserve the right to modify these Terms at any time. Changes will be posted on our website, and continued use of the platform following the updates constitutes acceptance of the revised Terms.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia.

18. Contact Information

For any questions or concerns regarding these Terms, you can contact us at:

Email: info@propertyup.com.au
Phone: 1300 517 107
Address: Suite 250 / Level 2, 65 Dover Street, Cremorne VIC 3121