Homeport Terms and Conditions
When using the Homeport website/service, the user must agree and is subject to the terms set out in these Terms and Conditions as outlined below:
Copyright and Ownership
Any information or material regarding this website is copyright & owned by Homeport, and any copying of material from this website is unauthorized.
Professional Advice Disclaimer
No information given via this website should be regarded as a substitute for professional legal, real estate, or financial advice. Users & subscribers should obtain their own professional advice before entering into any binding or legal transaction.
Changes to Content and Terms
Homeport and our partner sites reserve the right to change any of our content or Terms of access at any time. If you hold any objections to our terms of service, your sole option is to terminate or cease access to our service.
Fees and Payment
The fees for services & account access to our website are to be paid prior to listing and include all administration costs in relation to the creation of your account. Fees & charges are in Australian dollars, and there are no additional costs paid on the sale or settlement of your home. Once your Account has been created, our fee has been earned.
Homeport’s Role
We do not act as a conventional Real Estate agent, and are not involved in the transaction between both buyers & sellers. As a result, we have no control over your sale, and to the extent permitted by law, we make no warranties in relation to the suitability, quality, safety, or legality of any of the properties or items advertised for sale via our website. Sellers are accountable for the accuracy of the truth with regard to anything stated in their property address or description.
Security and Password Protection
Under no circumstances are you to disclose your username and password to anyone. If you believe your username and password have been breached, you are encouraged to notify Homeport immediately.
Contact Information Restrictions
Under no circumstances are you to enter any contact details, including a contact name, email address, or phone number on the listing. This violates realestate.com.au’s terms of use policy. Any and all inquiries are directed to Homeport, and they will then be forwarded to our clients.
Compliance with REA Group’s Policy
Homeport complies with the Acceptable Use Policy of the REA Group. All listings uploaded must comply with this policy, and any listings that fail to meet these guidelines will be removed. Accounts with breaches may be subject to suspension or termination. Upon listing with our service, you agree for your contact details to be displayed or accessible on our website and partner sites.
Privacy Policy
Our Privacy Policy can be viewed in the footer of our homepage. By continuing to use our website or services, you agree to the terms of this policy without alteration of these terms of access.
Intellectual Property Rights
Homeport reserves all intellectual property rights, including, but not limited to, copyright material and/or services provided by it.
Listing Duration
The customer’s property will be listed until sold on the Homeport website, and the user agrees to instruct our agency to remove the listing upon sale. Homeport reserves the right to remove any customer listing from our service at any time at our discretion. Homeport cannot offer any guarantee that your listing will remain listed until sold on any third-party websites outside of Homeport, and we reserve the right to remove any listing from these websites for any reason at all times.
Listing Size and Removal
All listings are ‘standard’ size listings on each website unless advertised otherwise within the package inclusions page on the Homeport website (e.g., The Ultimate package includes a ’30 Day feature listing on realestate.com.au’). All requests for the removal of listings need to be emailed to admin@homeport.com.au.
Platform Access and Updates
Homeport will issue you a username and password. Upon the creation of your account, any changes to your listing, updates, inspection times, or amendments need to be made via our supplied platform (unless other arrangements have been made with Homeport).
REA Policy Compliance
REA only allows licensed Real Estate agent’ listings to be advertised on their website – they do not allow private listings direct from the public to advertise on their site, as it is inconsistent with their policy. Users agree to sign a General Listing Authority upon listing their home, which complies with the state regulations & licensing authority. These forms can be found on our website and returned via email to admin@homeport.com.au.
Prohibited Content
You agree to not add any third-party links, contact numbers, email addresses, or any reference to yourself in the property description, as this violates realestate.com.au & domain’s acceptable terms of use policy.
Accuracy of Information
The user warrants that all information supplied by you, as relates to the property, is true and accurate. Any unauthorized use of this site is prohibited.
Third-Party Websites
Homeport offers listings on a number of smaller Real Estate websites & platforms as part of this service outside of realestate.com.au & Domain. These websites are managed & owned independently & are subject to change without warning. As such, Homeport cannot always guarantee listings on all smaller Real Estate websites & portals.
Liability Disclaimer
Any person or legal entity/which uses this site without proper and lawful authority agrees to indemnify and keep indemnified Homeport against all and any liability, loss, and damage of whatsoever kind caused by such improper and unlawful use.
Limitation of Liability
In accessing information on this website, all users release Homeport to the extent permitted by law from claims regarding the usage of data or information available on the website. Homeport will not be accountable for incidental or consequential damages arising from the use of the data or information.
Refund Policy
Homeport is offering a non-tangible irrevocable good or service, and we strictly do not issue refunds once the property has been uploaded to our website. As a customer of our website, you are responsible for knowing and understanding this upon purchasing any item or service on our website.
No Refund Policy
To prevent property owners from misusing the Homeport service or conducting fraudulent activity (for example, property owners using the Homeport service to introduce buyers/tenants to the property, then requesting a refund of our services once the property transaction has been initiated), Homeport offers a ‘strict’ no refund policy for ‘any’ reason after your property has been advertised online.
Intellectual Property Usage
All intellectual property rights, including, without limitation, trademarks, service marks, trade names, copyright, and other rights used or embodied in this website are the sole property of Homeport and must not be used without our site first granting its written consent.
Promotional Use of Photos
Homeport reserves the right to use any property photo, SOLD photo, or any photo, video, or information provided or uploaded to Homeport in the use of promotional services.
Limitation of Services
Homeport & WADDII PTY LTD reserves all intellectual property rights, including, but not limited to, copyright in material and/or Services provided by it. The material provided on the website is for personal use only and may not be:
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Re-sold and/or re-distributed in any material form;
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Stored in any storage media;
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Re-transmitted in any media, without the prior written consent of Homeport.
Private Sale/Lease Disclaimer
We assist the Seller/s to conduct a sale of their property by providing marketing services & do not act on behalf of the seller in relation to a sale. For the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT), Homeport does not act on behalf of the seller in relation to a sale and therefore will not conduct a preliminary physical inspection of the property.
Termination of Access
Homeport may terminate access to the website or any third-party website at any time without giving any explanation or justification for the termination of access. Additionally, Homeport has no liability for any costs, losses, or damages of any kind arising as a consequence of terminating access to the website or any third-party website.
Content Modifications
Homeport reserves the right (but is not obligated to) reformat, reject, review, modify, or remove any information you upload, post, transmit, or otherwise make available, that in our opinion violates the terms of the access policy.
Governing Law
These terms of access will be governed by and interpreted in accordance with the State laws of Queensland, Australia, without giving effect to any principles of conflict laws.
Indemnification
You hereby further acknowledge that Homeport assists you in conducting a private sale/private lease of your property by providing marketing services and does not act on behalf of you in relation to the sale or lease transaction. For the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) and in all cases, Homeport does not act on behalf of the seller in relation to a sale or lease and therefore will not conduct a preliminary physical inspection of the property.
Authority to List Property
You are the owner of the property that you are using the services of Homeport to list or, if you are not the owner, you have legal permission to list the property on behalf of the owner. You will be required to give a written and signed General Listing Authority to Homeport to market the property and understand that your property will not be listed until Homeport is satisfied as to your relationship to the property and your compliance with all these terms.
Document Requirements for NSW and ACT
Owners with properties in the state of NSW and ACT are required to be in possession of a valid ‘Contract of Sale’ prior to commencing the advertising campaign. You agree that if the property in question is in either NSW or ACT, you agree that you will only publish the property when you are in possession of these forms & documents.
Limitation of Liability
We are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract).
Indemnification for Breach
Upon listing your home with Homeport, you agree to indemnify us and our officers, employees, and agents, against all claims, demands, damages, costs, penalties, and liabilities caused by your breach of the Terms.
Access Termination and Breach
By using our site, you agree that if you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means.
