These Terms and Conditions apply to your use of the Website and Services. The Website and Services are owned and operated and licensed by Multilist.com .
You accept these Terms and Conditions when you register for an Account. If you do not agree to these Terms and Conditions, you must delete your Account, immediately stop using our Website and Services.
By registering for an Account, you warrant to Multilist.com , Multilist.com and its related entities, that you are at least 18 years of age, that you are a resident of Australia and that you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that your parent or legal guardian consents to the registration of your Account and your parent or legal guardian accepts these Terms and Conditions on your behalf. You acknowledge and agree to only use the Website and Services for personal, non-commercial purposes.
1. Accounts
a. You can register for an Account through the Website by providing Multilist.com with your full name, date of birth, mobile/cell number, and email address in the format prescribed. You may only register for an Account in your own name, and you must not provide another person’s Personal Information to register an Account.
b. As part of the registration process, you will be required to:
i. verify your mobile number by entering the four (4)-digit one-time password we send to you via SMS; and
ii. create a password;
c. The security of your password is very important. It may be used to access your Account and all Personal Information that you store on your Account. You must keep your Password, and any record of it, confidential and secure it from any unauthorized access or use.
d. You are responsible for all activity on your Account.
e. You must immediately notify us of any unauthorized access or use of your Account, and you must take immediate steps to re-secure your Account in the event of unauthorized access or use.
f. This application both jointly and severally creates an obligation on all applicants to make good those terms and conditions of the contract.
2. License
Subject to your compliance with these Terms and Conditions, Multilist.com grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable license to use the Website and/or Services for the sole purpose of receiving the benefit of the functionality of the Website and/or Services. You acknowledge and agree that Multilist.com , Multilist.com and its related entities, may impose further terms or limitations on this license from time to time.
3. Functionality
a. You can use your Account to access a range of functionality through the Services and/or Website. Specifically:
i. through the Website and/or Services, you may sell, buy, rent, offer properties for rent, bond support, offer retail; services and all other services that are offered from time to time.
b. You warrant to Multilist.com , Multilist.com and its related entities;
i. you have completed adequate due diligence and believe the Website and/or Services offered by Multilist.com are suitable for your purposes; and
ii. you have not been induced by Multilist.com to create an Account based on warranties or representations not expressly included in these Terms of Service.
1. Multilist.com and/or Multilist.com makes no warranty as to the functionality of the Website and/or Services.
1. You acknowledge the Website and/or Services may be subject to interruptions.
d. Multilist.com will use commercially reasonable endeavors to ensure the functionality of the Website and/or Services.
4. Providing Information to Multilist.com and/or Multilist.com
a. You have control over the information you give us, or is provided to us about you, specifically in relation to your Personal Information (including house related requirements).
b. You acknowledge and agree that Multilist.com and or Multilist.com may alter or remove any of your Personal Information that is provided to us if we reasonably consider that it breaches the law or the rights of any third party.
c. You agree to provide current, complete and accurate information for your Account and for any use with the functionality of the Website and/or Services, and to promptly update your information so that we can maintain and manage our supply of the Website and/or Services to you, and contact you as needed.
d. Multilist.com and or Multilist.com may, but are not obliged to, keep any records or back ups of the information you provide to us or is stored on the Service and/or Website, and we may provide access to you through the Service and/or Website. However, you must keep and maintain a separate back-up copy of the information you give us if you require access to them in a different format or for longer than our usual retention period. It is your responsibility to create and maintain a separate back-up copy of this information in all relevant formats.
5. Devices
a. Not all Devices are capable of accessing and using the Services or Website. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Services or Website.
b. Multilist.com and/or Multilist.com is not responsible for:
i. any inability of a Device to access the Website and/or Services; or
ii. any loss or damage to a Device from your access and use or attempted access and use of the Website and/or Services.
c. You may access and use the Website and/or Services on any number of Devices, however, you may only access your Account on one Device at a time.
6. Payments
a. In order to secure payment of all monies payable under this agreement, the clients and all Members or parties hereby (jointly and severally if more than one individual):
i. charges all of his/her/their/its beneficial interest in any real and personal property, including all property acquired after the date hereof, in favor of Multilist.com , Multilist.com and its related entities, whether or not a demand has been made on the client/member, and;
ii. authorizes and consents Multilist.com , Multilist.com and its related entities, taking all actions necessary to give effect to this security (6a) including the lodgment of a caveat upon title to any real property registered in the name of the Member and/or client the lodgment of an interest and right to any personal property registered in the name of the same Member and or client.
iii. The member and or client hereby irrevocably appoints Multilist.com , Multilist.com or its related entities, or any person nominated by Multilist.com severally the attorney of the client/member with power to execute, sign, seal and deliver (which delivery may be subject to such terms and conditions as the attorney sees fit) such documents as may be necessary to give effect to this security irrevocable gives right to Multilist.com , Multilist.com or its related entities, upon demand to the Member, its representatives, beneficiaries and executors to immediately deliver up possession of the real and personal property.
b. The Member accepts all payments via Direct Debit transfer.
c. Multilist.com , at its discretion, may make payments in the form of cryptocurrency at an equivalent amount.
d. The Member accepts all costs, fees, legal, searches and recovery disbursements upon breach notice.
e. The Member will receive all monies less recovery fees owing to Multilist.com
f. Members may apply for fidelity bond where applicable and according to local jurisdiction in an employment application.
Breach
In order to secure payment of all monies payable under this agreement, Landlord and or agent representative of the landlord and all Members or parties hereby (jointly and severally if more than one individual):
g. If a Tenant of a property, owned by a Member, is in default of their bond through damage to the Member’s property or other cause then, Multilist.com agrees to pay the Member the full amount of the bond, subject to the terms and conditions herein, within 24 hours of the Tenant vacating the property. according to section 9
i. The member to who the duty is owed Irrevocably transfer all rights to claim any outstanding and overdue money owing on the Member’s services agreement or real property, to Multilist.com , Multilist.com or its related entities.
h. A formal breach notice has been given to the member client (tenant) for the breach of services describing the breach on official documentation and according to local legislative requirements inclusive but not limiting the breach, the regulation, the date of the breach, the remedy, via electronic conveyancing no later than 45 days prior to the end of a lease agreement a copy of which has to be confirmed received by Multilist.com or Multilist.com formal notice; breach@multilist.com within 48 hours of the breach notice.
In the case that the tenant has vacated the property and the breach is issued upon final inspection this must be done no later than 10 days after vacation of the premises and the breach be on official documentation.
i. Failure to breach under section 6 (h) will remove the right for a member to claim under section 6 (g)
j. Multilist.com will pay the full bond (guarantee/security) to the Member to whom funds are owed via the Member’s Multilist.com Account or nominated account subject to the terms and conditions.
k. The Member accepts all payments via Direct Debit transfer.
l. Multilist.com at its discretion, may make payments in the form of cryptocurrency at an equivalent amount.
m. The Member accepts all costs, fees, legal, searches and recovery disbursements upon breach notice.
n. The Member will receive all monies less recovery fees owing to Multilist.com
o. If a payment plan is accepted by Multilist.com the Member to who a duty is owed will receive a portion of interest and all of the principal less administration cost.
p. Members may apply for fidelity bond in employment application.
7. Transferability
a. The Member acknowledges and accepts that any and all debt now and, in the future, will be transferred to Multilist.com , Multilist.com or its related entities.
b. The Member consents irrevocably to the transfer of any interest in that debt to Multilist.com , Multilist.com or its related entities.
c. At the discretion of Multilist.com part or all of the debt may be offset by way of transfer of real assets, shares, property and goods, cryptocurrency.
d. All debt is transferable at the discretion of Multilist.com
8. Jurisdiction
The Member accepts the Multilist.com mediation tribunal system will be the first and final jurisdiction for disputes. The mediation process is set out at, http//:multilist.com/mediation terms and condition.
Mediation
9. Notifications
The Member irrevocably accepts that a Breach Notice, as per section 28 (d), of the bond agreement is made electronically as at the date of the notice by the representative member of Multilist.com agent, landlord or nominated representative of Multilist.com or party to the agreement as per section 6 (h)
10. Location Data
You grant Multilist.com permission to access, collect, and use your Location Data to allow Multilist.com to provide you with the location-based functionality of the Website and/or Services or other location-based services we may offer from time to time. If you do not want us to access, collect or use your Location Data, please see paragraph 2 of these terms and conditions.
11. Analytics and Cookies
You acknowledge and agree that Multilist.com may use analytics on, or engage third party data analytics service providers for, the Website and/or Services which enable us to track your activity associated with Website and/or Services , monitor usage patterns, further develop and improve the Website and/or Services , and to offer relevant services to you., related to you the terms and conditions or our privacy policy in the execution of completion of this agreement. . If you do not want us to access, collect or use your information for this purpose, you may close your Account. Multilist.com may also use ‘Cookies’ in accordance with our Privacy Policy
12. Third Party Websites
Multilist.com may include links to Third Party Websites on the Website and/or Services. These links are provided for your convenience only. You acknowledge and agree that Third Party Websites do not form part of the Website and/or Services and are not under the control of Multilist.com . You access those Third Party Websites and/or your engagement with their associated services is undertaken at your own risk. Multilist.com , Multilist.com or its related entities does not accept responsibility for any loss or damage you may suffer as a result from accessing Third Party Websites and/or your engagement with their associated services and you indemnify Multilist.com and Multilist.com m the same.
13. Acceptable Use
a. You will not and will not attempt or permit any person to:
i. record your password for your Account on your Device or on any article normally carried with your Device and which is liable to loss or theft with your Device;
ii. permit any other person to use your Account; or
iii. disclose your password to your Account or make your Account available to any other person, including but not limited to member(s) of your family;
iv. access and use the Website and/or Services in a manner which could interfere with the Website and/or Services or the access and use of the same by other users;
v. engage in conduct or activities which attempt to manipulate or bypass any limitations on the Website and/or Services including anything that imposes an unreasonable or disproportionately large load on the Website and/or Services or any network or website connected to the Website and/or Services;
vi. do (or omit to do) anything that may jeopardize the security of, or the access to the Website and/or Services ;
vii. resell, sub-license, resupply, provide a bureau service using, communicate or otherwise make available your Account to a third party, or use third party automation;
viii. post to the Website and/or Services or transmit or distribute any code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware. This includes but is not limited to, the use of trojans, worms, logic bombs or other malware;
ix. remove or tamper with any copyright, trademark or other proprietary notice of ours or any other entity on the Website and/or Services ;commit or encourage a criminal offence; or
x. copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with the Website and/or Services , any computer code underlying the Website and/or Services or any content on the Website and/or Services or any part thereof.
b. You will:
i. prevent anyone else seeing your password to your Account being entered into any Device; and
ii. comply with all applicable laws in relation to your access to and use of the Website and/or Services .
14. Availability, support, and updates
a. You acknowledge and agree that the Website and/or Services may be hosted, managed and supported by Multilist.com or by a third party cloud-based service or other provider.
b. Although Multilist.com will use commercially reasonable efforts to ensure the Website and/or Services is available 24 hours a day, 7 days per week, the Website and/or Services may become unavailable from time to time for any scheduled Updates or as a result of events beyond our reasonable control, such as but not limited to:
i. failure or default by any of Multilist.com third party service providers;
ii. abnormal usage volumes; or
iii. your breach of these Terms and Conditions or your negligence.
In such an event, we will use commercially reasonable efforts to overcome such circumstances or mitigate their effects and resume full operation of the Multilist.com Website and/or Services as soon as reasonably practicable.
c. Multilist.com will use commercially reasonable endeavors to ensure that the Website and/or Services are subject to security measures consistent with accepted industry standards, however you accept that the Internet is not a fully secure environment and Multilist.com cannot guarantee that the Website and/or Services will be secure, error free, uninterrupted or timely or that the Website and/or Services or their related servers, are free of viruses, bugs or other harmful applications or interference. As such, you:
i. provide information to us through the Website and/or Services at your own risk; and
ii. are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
d. We may make Updates to the Website and/or Services at any time. You acknowledge and agree that the Website and/or Services may be unavailable for the purpose of us rolling out such Updates. We will use commercially reasonable endeavors to ensure that any Updates will not materially adversely impact your use of the Website and/or Services .
15. Privacy
a. You (jointly and severally if more than one individual) and Multilist.com will, in performing their respective obligations under this Agreement, comply with the Privacy Act, and neither party will put the other in breach of the Privacy Act.
b. Our Privacy Policy explains our commitment to the protection of your Personal Information. By providing your Personal Information to Multilist.com through the Website and/or Services, you agree to Multilist.com ;
i. collecting, using, and processing your Personal Information in accordance with our Privacy Policy and these Terms and Conditions;
ii. using your Personal Information to send you emails and SMS messages for the purposes of complying with our obligations under these Terms and Conditions.
1. Multilist.com will only send you marketing material by electronic communications if you have given us permission to do so. By agreeing to these Terms and Conditions, you give us this permission unless you have already told us that you withdraw your consent. If we send you an electronic communication other than a communication containing no more than factual information (for example, an email advising you that these Terms and Conditions have changed), we will give you the option of not receiving further communications of this nature which will allow you to opt out of receiving electronic communications containing marketing material at any time.
d. If you suspect any misuse or loss of, or unauthorized access to or disclosure of, Personal Information in connection with the Website and/or Services, it is your responsibility to immediately notify us of this occurrence or concern.
16. Intellectual Property Rights
a. Multilist.com owns or is the licensee of all Intellectual Property Rights on the Website and/or Services, including any Updates.
b. You retain your Intellectual Property Rights in information you provide to Multilist.com through the Website and/or Services,, including your Personal Information.
c. You grant us a non-exclusive, royalty-free, transferable, worldwide license to use, and allow our personnel and service providers to use, your Intellectual Property Rights for the purposes of performing our obligations under these Terms and Conditions, and to further develop the Website and/or Services. You warrant that our use of your Intellectual Property Rights will not infringe any third party’s rights (including Intellectual Property Rights).
17. Contract Changes
Multilist.com , Multilist.com and its related entities reserve the right, at any time, to modify, change or amend the terms and conditions herein and to add any additional or new terms or conditions on the use of the services. All modifications will be effective immediately on notice to the member and incorporated into these terms and conditions. The members continued use of the services will be deemed acceptance thereof
18. Warranties
a. To the maximum extent permitted by law, or any statutory consumer guarantee contained in any applicable law, the Website and/or Services is provided on an ‘as is’ and ‘as available’ basis, without any warranties or conditions of any kind either express or implied, including but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
b. Multilist.com does not warrant and has no liability to any party (including to you) in relation to:
i. the accuracy, completeness or reliability of information supplied by third parties;
ii. any Third Party Websites; or
iii. services to the extent not provided by Multilist.com ..
18. Indemnity
You indemnify Multilist.com , Multilist.com and its related entities and agents, against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
a. did not observe any of your obligations under these Terms and Conditions; or
b. acted willfully, unlawfully, negligently or fraudulently in connection with these Terms and Conditions
19. Liability
a. Nothing in these Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the Australian Consumer Law (ACL).
b. To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
i. in the case of goods supplied directly by Multilist.com ( excluding any third party user providing services on this site); a. the replacement or repair of the goods or supplying the equivalent goods again; or b. paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
ii. in the case of services directly by Multilist.com (excluding any third party user providing services on this site); supplying the services again; by a chosen Multilist.com representative
c. To the full extent permitted by law, we are not liable to you for any Consequential Loss arising under or in connection with these Terms and Conditions.
d. Our service is provided ‘as is’ and no guarantee will be made of its complete compatibility or usability at any time.
e. Multilist.com will not be responsible to you for any Consequential Loss arising under services supplied to you by a third party provider or user of this website.
20. Termination
a. We may, without notice to you, limit, suspend or terminate your access and use of the Website and/or Services at any time for any reason, including but not limited to, due to a breach of these Terms and Conditions or due to system failure, Updates or any other reason outside of our control.
b. You acknowledge and agree that you may lose saved data (such as your Personal Information) or your personal settings on the App or the Website, should we limit, suspend or terminate your access to the Website and/or Services , at any time and that we are not responsible for any such loss.
c. You may terminate your use of the Website and/or Services at any time by deleting your Account, immediately stopping your use of our Website and/or Services , and removing any component of our Website and/or Services from your Device. This does not in any way remove your obligations Subject to the Terms and Conditions.
d. You agree and acknowledge that Multilist.com may close your account after full and final settlement by you and agree that the closing of the account does not limit your obligations under the Terms and Conditions both jointly or severally, if more than one individual
21. Entire Agreement
a. In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms and Conditions, but that will not affect the validity and enforceability of any of the remaining provisions.
b. If we fail or delay in the exercise or enforcement of any right or provision of these Terms and Conditions, that will not amount to a waiver of that or any other right or provision.
c. These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your access to, and use of, the Website and/or Services, and supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us, including but not limited to, any prior versions of the Terms and Conditions.
d. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
22. Governing law
These Terms shall be governed by and construed in accordance with the laws of the Australia and New Zealand.
a. The Member irrevocably accepts that any dispute arising from this contract will be resolved in the jurisdiction of Australia
b. The client acknowledged that any obligation under this contract is fully transferable to a country or government entity, SRO, IRS, where the member resides from time to time.
23. Changes to these Terms and Conditions
a. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Website and/or Services.
b. It is your responsibility to check the Website and/or Services periodically for changes.
c. Your continued use of the Website and/or Services after these Terms and Conditions have been changed or Updated, will be taken to be acceptance of such changes or updates.
24. Additional Terms
a. A Members’ right to access and use any free services is not guaranteed for any period of time. Multilist.com reserve the right, at our sole discretion, to limit or terminate your use on any free version of the Website and/or Services
b. If a Member is using free services on a trial or promotional period, the trial period and access to the services will terminate;
(i) at the end of the trial period stated in the order, or
(ii) if no date is specified, 30 days after the initial access to the services by the Member, or;
(iii) upon conversion to a subscription by the Member.
c. During the trial period, to the extent permitted by law, services are provided ‘as is’ and without warranty or indemnity and all other terms applied. Any trials or promotions may be discontinued at any time without notice
25. Beta Services
Offers to access Beta services may be given prior to a general release of the Website and/or Services. Multilist.com makes no guarantee that the Beta services will be made generally available at any time. The Member agrees and understands that Beta services may contain bugs, errors or other defects and use of the Beta services is at the member’s sole risk.
26. Conjunctional Agreement
The Member acting as an authorized agents accepts the full terms of the conjunctional agreement as attached https://realestate.multilist.com/conjunctionalagreement. In any case of any dispute, the Multilist.com decision is final for, payment dispute including, but not limited to, retail sales, sales, management of goods and services under these Terms and Conditions.
27. Definitions
In these Terms and Conditions:
a. ACL means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations.
b. Account means your account set up for use with the Website and/or Services and which contains your Personal Information;
c. Service means services both free to access and contracts entered into by the member for services delivered by Multilist.com subject to its terms and conditions.
d. Breach Notice means as found in this link {VIC} {NSW}{NZ}{P}{ETC}that is the date in which the member has been breached a duty under their contract with another member that makes Multilist.com liable to pay that member due to your breach.
e. Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
f. Cookies means data stored within a web browser that can be retrieved at a later time
g. Device means a mobile device, mobile or otherwise, on which you have loaded the App or a mobile device or computer on which you have accessed the Website and/or Services..
h. Multilist.com means Multilist.com ., [Entity], the licensor of access to the Multilist.com Website and/or Services and us, we, and our have the same meaning.
i. IRS means Inland Revenue Service
j. Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including Moral Rights), designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organization of 1967, together with any right to apply for the grant or registration of same.
k. Location means a geographic location in Australia and New Zealand.
l. Location Data means the real-time geographic location of your Device, determined in accordance with your Device settings.
m. Member means a registered client or user of the Website and/or Services. Members may be Landlords and/or Tenants.
n. Notification means any alerts, updates, or messages that the App or Website initiates and sends to you via your Device.
o. Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Services and/or Website that is implied by the ACL which cannot be excluded, restricted, qualified or modified by Multilist.com , Multilist.com or its related entities
p. Payment means direct debit from the members nominated account
q. Personal Information has the meaning set out in the Privacy Act.
r. Privacy Act means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended.
s. Privacy Policy means the document that explains how an organization handles any member information gathered in its operations
t. Services means the services available through the Website or direct from Multilist.com or its agents. All services may vary from time to time at our discretion.
u. SRO means state revenue office
v. Subscription means the amount of money that you pay regularly to allow for use of the service
w. Third Party Websites means any websites operated by third parties.
x. Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to the App or the Website.
y. Website means the online site and platform application currently available at Multilist.com . Website functionality, location and associated services may vary from time to time at our discretion.
These Terms and Conditions were last updated on 10th February 2022