Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions (Terms) govern your access to and use of the website located at www.russellrealestate.com.au, including any subdomains, APIs and widgets (collectively, the Website), operated by Russell Real Estate Pty Ltd (Russell Real Estate, we, us, our).

By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately stop using the Website.

We may change these Terms at any time by publishing revised Terms on the Website. Your continued use constitutes acceptance of the updated Terms. Please review them periodically.

2. Definitions

Russell Real Estate (“we”, “us”, “our”) means Russell Real Estate Pty Ltd (ACN 111 542 771).

Privacy Policy means the document found at russellrealestate.com.au/privacy.

Materials means all content on the Website, including information, text, images, photographs, videos, audio, graphics, designs, logos, software, code and other materials.

Services means any services offered or initiated through the Website, including property marketing, appraisal, and agency services (sales and buyer representation). Agency services are provided under separate written agreements not covered in this document.

Submission means any information (including Personal Information), images, documents or other materials submitted by a Client through the Website for the purpose of engaging Russell Real Estate as a selling agent or buyer’s agent. This information contained within the Submission may form part of future legal documentation (with the Client’s express written consent and signature) or be used for the purpose of marketing a property.

Third Party Content means content, information, materials, advertisements and services provided by, or supplied by, third parties on or through the Website.

User, you or your means any person who accesses or uses the Website.

Client means a person who submits Personal Information, property information, images, documents or other materials through the Website for the purpose of engaging Russell Real Estate, or who is planning to engage Russell Real Estate as a selling agent or buyer’s agent.

3. Age Requirement

You must be at least 18 years of age to submit forms, provide personal information or enter into any agreement through the Website.

4. Use of the Website

4.1 Licence to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal use or for internal business purposes directly related to evaluating or using our Services.

4.2 Restrictions on Use

You must not:
a) use any automated device, software, process or means (including robots, spiders, scrapers or crawlers) to access, retrieve, scrape or index the Website or any content, except for public search engines creating searchable indices in accordance with our robots.txt and subject to our right to revoke;
b) interfere with or attempt to interfere with the proper functioning of the Website;
c) impose an unreasonable or disproportionate burden on our infrastructure or make excessive traffic demands;
d) use or index any content or data for constructing or populating a searchable database of properties, building a property data or property insights product, or similar;
e) transmit or distribute spam, chain letters, contests, junk email, surveys or other mass messaging;
f) use the Website or any Materials in any manner that is, in our discretion, unreasonable or not for the purpose for which it is made available;
g) violate or infringe the rights of any person, including copyright, trademark, trade secret, privacy, publicity or other rights;
h) impersonate any person or entity or misrepresent your identity or affiliation;
i) attempt to solicit money, passwords, personal information or other confidential information;
j) violate any applicable law, regulation or rule;
k) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works of, publicly display, sell, trade or exploit the Website or any Materials, except as expressly authorised in these Terms;
l) transmit any viruses, worms, defects, Trojan horses, malware, ransomware or other harmful code;
m) access or attempt to access any systems, data or information you are not authorised to access; or
n) engage in any conduct that, in our discretion, restricts or inhibits any other person from using or enjoying the Website.

4.3 Reservation of Rights

We may suspend or restrict access to the Website at any time for any reason, including breach of these Terms, without prior notice or liability.

4.4 APIs and Widgets

Any APIs, widgets or other technical features of the Website are for internal use unless we expressly grant written permission for external use. Unauthorised access to or use of our APIs is prohibited.

5. Intellectual Property Rights

5.1 Ownership

The Website and all Materials are owned by or licensed to Russell Real Estate. All intellectual property rights in the Website and Materials, including copyright, trademarks, trade names, logos, designs and know-how, are and remain the exclusive property of Russell Real Estate or their respective licensors/owners.

5.2 Limited Use Rights

Nothing in these Terms transfers any intellectual property rights to you. You may view, download and print Materials solely for your personal use or for internal business purposes directly related to evaluating or using our Services, provided you do not modify the Materials and you retain all copyright and proprietary notices.

5.3 Prohibited Uses

You must not, without our prior written consent:

• use our trademarks, logos or brand names;

• remove or alter any copyright, trademark or other proprietary notices;

• use the Materials for any commercial purpose unrelated to evaluating or using our Services; or

• claim ownership of or create derivative works from the Materials.

6. Client Submissions, Warranties and Indemnity

6.1 Application

This clause (“6. Client Submissions, Warranties and Indemnity”) applies if you submit a Submission (as defined in clause “2. Definitions” ) to us through the Website for the purpose of engaging Russell Real Estate as a selling agent or buyer’s agent.

6.2 Your Warranties

You warrant that each Submission:
a) is true, accurate and not misleading or deceptive;
b) is complete in all material respects and not likely to mislead by omission;
c) does not infringe any third-party rights (including copyright, moral rights, trademarks, trade secrets, privacy or publicity rights) and that you have obtained all licences and permissions necessary to grant the rights in clause 6.3 (including any photographers’ licences);
d) does not contain defamatory, offensive, obscene or unlawful content;
e) may be used by us for property marketing and related purposes; and
f) will be kept up to date, and you will promptly notify us if any Submission becomes inaccurate, incomplete or misleading.

6.3 Licence to Use Your Materials

By submitting any Submission, you grant to Russell Real Estate a non-exclusive, worldwide, royalty-free licence (with the right to sublicense to our marketing partners, media platforms, related entities and service providers) to use, reproduce, edit, adapt, modify, publish, communicate, display, distribute and otherwise exploit the Submission for property marketing related to your listing, our portfolio and reasonable archival purposes. Where legal documentation relating to your engagement requires information from the Submission, you agree that we may incorporate or reference the Submission in that documentation with your express written consent and signature. This licence does not prevent us from deleting personal information if required by law or on valid request.

6.4 Indemnity

To the extent permitted by law, you indemnify and hold harmless Russell Real Estate and our directors, officers, employees, agents, contractors and partners (Indemnified Parties) from and against all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising from or in connection with:
a) any breach of your warranties in clause 6.2;
b) any inaccuracy, incompleteness, misleading aspect or omission in any Submission;
c) any infringement of third-party rights caused by a Submission; or
d) our use, publication, communication or display of any Submission in accordance with this clause (“6. Client Submissions, Warranties and Indemnity”).

6.5 Scope of Indemnity

The indemnity in clause 6.4:
a) applies only to the extent the loss, damage, liability or expense is caused by or contributed to by your acts, omissions, negligence or breach of warranty; and
b) does not apply to the extent the loss, damage, liability or expense is caused solely by the negligence, wilful misconduct or breach of these Terms by Russell Real Estate.

7. Forms and Information Collection

7.1 Forms on the Website

The Website includes a Forms section (found at russellrealestate.com.au/forms) where we collect information from prospective clients, vendors and other users. Information submitted through the Forms contained within this section of the Website may be used for property marketing, legal documentation and our business records.

7.2 Warranties for Form Submissions

By submitting information through any Form on the Website, you warrant that the information:
a) is true, accurate and not misleading or deceptive;
b) is complete in all material respects and not likely to mislead by omission;
c) does not infringe third-party rights;
d) may be used by us for property marketing, legal purposes and related business purposes; and
e) will be kept up to date, and you will promptly notify us if any information becomes inaccurate.

7.3 Use of Form Information

Information submitted through Forms may:
a) form part of annexures or schedules in legal documents with your express written consent and signature;
b) be used for property marketing and advertising with your express written consent and signature;
c) be provided to third parties involved in property transactions (with your consent);
d) be stored in our records for legal, regulatory and business purposes; and
e) be used in accordance with our Privacy Policy.

Information submitted via the Forms may later be incorporated into legal documents, contracts or agreements with your express written consent.

8. Third Party Content and Links

8.1 Third Party Content

The Website may contain Third Party Content, including advertisements, hyperlinks and content provided by third parties. Third Party Content does not form part of our Website and is not under our control.

8.2 No Endorsement

The display of Third Party Content or advertisements does not constitute an endorsement. We make no representation regarding the accuracy, reliability, quality or legality of Third Party Content.

8.3 Third Party Links

When you click on links to third-party websites, you leave our Website and do so at your own risk. We are not responsible for third-party content, privacy practices, terms, losses or transactions.

8.4 Your Use of Third Party Services

Your interactions with third parties are solely between you and the third party. We are not a party to any transactions, disputes or agreements between you and third parties.

9. Disclaimers and Limitations of Liability

9.1 Website Availability

We do not warrant that the Website or any content will be available, accessible or uninterrupted, free from errors (including design, setup, maintenance, security errors) or harmful components, or that it will meet your requirements. We may suspend, withdraw, modify or discontinue any part of the Website at any time without notice.

9.2 Accuracy of Information

We do not warrant the accuracy, completeness, reliability or currency of information on the Website, including property information, pricing, availability or market data. You must independently verify information before relying on it.

9.3 Editorial Content / No Professional Advice

Editorial content is general in nature and does not constitute financial, legal, taxation, investment or other professional advice. You should seek independent professional advice before acting on any content.

9.4 Consumer Law Rights

Nothing in these Terms excludes, restricts or modifies any consumer rights or remedies under the Australian Consumer Law or other non-excludable laws.

9.5 Limitation of Liability

To the maximum extent permitted by law, we (and our directors, officers, employees and contractors) are not liable for any indirect, special or consequential loss, loss of profit or revenue, loss of goodwill, anticipated savings, business interruption, or loss of or damage to data, arising in connection with your use of the Website, its content, any inaccessibility, or any errors, omissions or out-of-date information.

10. Privacy and Data Protection

10.1 Privacy Policy

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

10.2 Your Obligations

You must:
a) only provide your own personal information or information that others have expressly consented for you to share;
b) ensure all personal information you provide is accurate, complete and up to date;
c) not provide personal information of anyone under 18 years of age; and
d) comply with applicable privacy and data protection laws.

11. Termination and Suspension

11.1 Our Right to Terminate

We may, in our sole discretion, suspend or terminate your access to the Website at any time, with or without notice, including where:
a) you breach these Terms;
b) we suspect fraudulent, abusive or illegal activity;
c) we are required to do so by law; or
d) we cease operating the Website.

11.2 Effect of Termination

Upon termination:
a) your right to access and use the Website immediately ceases;
b) we may delete or remove any of your content or data subject to our legal record-keeping obligations;
c) you remain liable for any obligations incurred before termination; and
d) clauses that by their nature should survive termination (including clauses 6, 9, 10, 12 and 13) continue in full force.

12. General Provisions

12.1 Entire Agreement

These Terms (together with our Privacy Policy) constitute the entire agreement regarding your use of the Website and supersede all prior agreements or understandings.

12.2 Severability

If any provision is invalid, illegal or unenforceable, the remaining provisions continue in full force.

12.3 Waiver

Our failure to enforce any provision is not a waiver. A waiver is only effective if in writing and signed by us.

12.4 Assignment

You may not assign, transfer or sublicense your rights or obligations without our prior written consent. We may assign our rights and obligations on reasonable notice (including via notice on the Website) and any assignment will not materially prejudice your rights.

12.5 Force Majeure

We are not liable for failure or delay due to events beyond our reasonable control (including natural disasters, acts of government, war, terrorism, labour disputes or internet/telecommunications failures).

12.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. You have no authority to bind or represent Russell Real Estate.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. Your use of our Website, 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 Queensland, Australia and by using our Website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

14. Contact Us

If you have any questions about these Terms, please contact:
Russell Real Estate Pty Ltd
Email: admin@russellrealestate.com.au
Post: Confidential – The Privacy Officer, PO Box 600, Samford, QLD 4520