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Terms of Service

Last updated: January 10, 2025

1. Acceptance of Terms

Welcome to Downsretal. These Terms of Service ("Terms") govern your use of our website and services provided by Downsretal ("we," "our," or "us"). By accessing or using our website or services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our website or services.

2. Description of Services

Downsretal provides luxury real estate services in Australia, including but not limited to:

  • Property sales and acquisition services
  • Real estate investment advisory
  • Property consultation and evaluation
  • Market analysis and insights
  • Property listing and marketing services
  • Client representation in real estate transactions

Our services are subject to applicable laws and regulations governing real estate transactions in Australia.

3. Eligibility and Registration

To use our services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete information when requested
  • Comply with all applicable laws and regulations

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. User Conduct and Responsibilities

When using our website and services, you agree to:

  • Provide accurate, current, and complete information
  • Use our services only for lawful purposes
  • Respect the intellectual property rights of others
  • Not engage in any fraudulent, abusive, or illegal activities
  • Not attempt to gain unauthorized access to our systems
  • Not interfere with the proper functioning of our website
  • Not transmit viruses, malware, or other harmful code

5. Property Information and Accuracy

While we strive to provide accurate and up-to-date property information, we make no warranties regarding:

  • The accuracy, completeness, or timeliness of property listings
  • The availability of listed properties
  • Property prices, which may change without notice
  • Property descriptions, measurements, or features

All property information is subject to verification and may be withdrawn or modified at any time. Prospective buyers should conduct their own due diligence and inspections.

6. Professional Services and Licensing

Downsretal operates under appropriate real estate licenses and professional certifications as required by Australian law. Our agents and representatives are licensed professionals bound by professional standards and codes of conduct.

Any real estate advice or recommendations provided are based on professional judgment and market knowledge, but do not constitute guaranteed outcomes or investment advice.

7. Financial Obligations and Payments

Our fees and commissions are disclosed in accordance with Australian real estate laws and regulations. All financial obligations must be met as agreed upon in separate service agreements or contracts.

Payment terms, commission structures, and fee schedules are subject to negotiation and will be clearly outlined in written agreements.

8. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Downsretal or our licensors and is protected by intellectual property laws.

You may not:

  • Reproduce, distribute, or publicly display our content without permission
  • Modify or create derivative works based on our content
  • Use our trademarks or branding without authorization
  • Reverse engineer or attempt to extract source code from our website

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

10. Disclaimers and Limitations of Liability

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied.

Disclaimers

We disclaim all warranties, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties regarding the accuracy or reliability of information
  • Warranties that our services will be uninterrupted or error-free
  • Warranties regarding investment outcomes or property values

Limitation of Liability

To the maximum extent permitted by law, Downsretal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for such services.

11. Indemnification

You agree to indemnify, defend, and hold harmless Downsretal, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

  • Your use of our website or services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through our services

12. Termination

We may terminate or suspend your access to our services at any time, with or without cause, and with or without notice. You may also terminate your use of our services at any time.

Upon termination, your right to use our services will cease immediately, but provisions regarding intellectual property, disclaimers, and limitations of liability will survive termination.

13. Dispute Resolution

Any disputes arising from or relating to these Terms or our services shall be resolved through the following process:

  1. Negotiation: Parties will attempt to resolve disputes through good faith negotiations
  2. Mediation: If negotiation fails, disputes will be submitted to mediation
  3. Arbitration: Unresolved disputes will be settled by binding arbitration in accordance with Australian arbitration laws

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.

14. Regulatory Compliance

Our services are provided in compliance with Australian real estate laws, including but not limited to:

  • Competition and Consumer Act 2010
  • Australian Consumer Law
  • State-based real estate licensing requirements
  • Anti-money laundering and counter-terrorism financing laws
  • Privacy Act 1988

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website and updating the "Last updated" date.

Your continued use of our services after any modifications constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]

Phone: +61 409 134 777

Address: 1 Belmore St, Burwood NSW 2134, Australia

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Australia's premier luxury real estate specialists, connecting discerning clients with extraordinary properties.

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Contact Info

Phone: +61 409 134 777

Email: [email protected]

Address: 1 Belmore St, Burwood NSW 2134, Australia

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