Artis Property Pty Ltd ACN 632 572 920 trading as Artis Property Group owns and operates the www.artisproperty.com.au website (Website) and the Artis Property Group mobile application (whether iOS or Android) (App). When you browse, access and/or use our Website or App you agree to the terms and conditions set out below (Terms of Service). In these Terms of Service we refer to the Website and the App collectively as the Service. If you do not agree to these Terms of Service, you must not use our Service.

1.1. Specific terms are defined at the end of these Terms of Service.
1.2. We may change the Terms of Service from time to time. We will post changes to the Website and App. Your continued use of the Service constitutes your acceptance of the changes. You can terminate your use of the Service at any time.

2.1. The Website is a staging point to direct you to the App. The App is a platform designed as a digital connection point to facilitate:
(a) the promotion of real estate by Owners seeking Buyers;
(b) Buyers searching for Properties; and
(c) Buyers making an off market approach to an Owner,
and incidental activities. The Service must only be used for your own use.
2.2. We reserve the right to change, delete or add any features, functions, applications, offers, deals, advertising, navigation or other aspect of the Service at any time.
2.3. We do not act as your agent and we are not a real estate agent. We do not have a real estate agents licence or other licence.
2.4. We do not control or verify and are not responsible for:
(a) the information or material uploaded and provided by Owners or Buyers including Property details; or
(b) the information or other data posted in, or accessible via, any chat, blog, Twitter, Facebook or other social media accessible on or via the Service or referred to or linked to the Service.
2.5. We do not provide any warranty or guarantee:
(a) in relation to any information or material available from the Service (including its accuracy or completeness) or relating to any Property including, but not limited to, any representation or warranty that a Property is of acceptable or merchantable quality, fit for any purpose, safe for any purpose, as described by the Owner or is owned by the Owner. Any purchases you make are at your own risk and you must make your own enquiries.
(b) that the Service will be continuously accessible, available or operate uninterrupted or error or virus free or that any error or defect can be corrected.

(c) that any data, file or program available for download from or via the Service or from any website linked to the Service is free from viruses or any other condition which might or could damage or interfere with data, hardware or other software, and in accessing the Service, you assume all risk of use of all materials, programs and files on the Service. Prior to using any downloaded file you should carry out an appropriate virus check.
2.6. You must ensure that all data or information you enter into the Service (including on registration) is accurate, complete and not misleading or deceptive (or likely to be misleading or deceptive). We reserve the right to correct information we believe includes errors. Where we make a change that we believe is material we will use reasonable efforts to notify you of the change via your account and allow you to verify the change.
2.7. You must keep your password or other account specific user ID or information, confidential and secure and not allow another person to use them.
2.8. You agree to provide honest feedback to us when requested.

2.9. We do not:

(a) offer valuation services; [any prices or price guides on the Website or App have been determined solely by the Owner];
(b) provide any advice including legal or financial advice or in relation to your Listing or Property or otherwise;
(c) conduct Property inspections;
(d) hold any monies including deposits;
(e) handle any payments other than payments received for our services;
(f) provide conveyancing or related services; or
(g) provide any other services not specifically stated as being provided.

2.10. When using the Service you must not do anything that is illegal, fraudulent, offensive, defamatory, harassment or otherwise inappropriate including with respect to material, information or communications you post on or via the Service or upload to the Service or which is unsuitable in any way and/or contrary to our business, goodwill and/or reputation or that is likely to infringe the rights of any Third Party;

The following provisions apply to Owners placing Listings.
3.1 To place a Listing you must:
(a) be over 18 years old;
(b) register by completing and submitting the application in the App and provide all requested information;
(c) provide the information or materials (e.g. photos) for the Listing in the form required by us;
(d) be the Owner and/or entitled to sell the Property on the owners behalf;
(e) describe the Property accurately and completely including any disclosures or disclaimers required by law and advertise it in the appropriate category (if applicable);
(f) only use material, content or intellectual property in the Listing (including photographs, text, images, content, trade marks) that is owned by you or used with the written consent or licence of the owner;
(g) pay the prescribed fee (if any) for the Listing;
(h) comply with our requirements for a Listing, which may change from time to time;
(i) comply with all applicable laws, regulations and local council requirements;
(j) not have engaged a real estate agent to act on your behalf. If you have engaged a real estate agent you acknowledge that you may be liable to pay the agent a fee in addition to any fees payable for the Service.
3.2 Without limiting clause 3.1(i), if you are required by law to provide a contract of sale for your Property before it is Listed or at any other time, you are solely responsible for obtaining a complying contract and uploading it to the Service or taking such other measures as are required to comply with the applicable law.
3.3 Your Listing must not:
(a) include your contact details – all contact regarding a Listing is to be made through the communication functions in the App;
(b) include anything which may adversely affect us or the Service; or
(c) link to any other website;
3.4 You must notify us if the Property is sold or you wish to remove the Listing from the Service. If you request the removal of your Listing, we will use reasonable endeavours to remove it as soon as practicable.
3.5 We reserve the absolute right to refuse or remove any Listing for any reason including because:
(a) you are in breach of the Terms of Service;
(b) we determine in our sole discretion (acting reasonably) that the Listing is not appropriate for the Service;
(c) you use the Service other than as it is designed to be used;
(d) you do anything which could in our opinion invalidate or be inconsistent with our intellectual property rights or those of a Third Party; or
(e) we receive complaints or negative feedback about your activities, Property or Listing.
If we remove your Listing in accordance with the above, you are not entitled to a refund of any money paid to us (unless this is required by law).
3.6 We reserve the right to vary the placement of your Listing or to change any formats associated with it.
3.7 You acknowledge that publication of your Listing does not guarantee that you will receive any enquiries or sell the Property.
3.8 We will make reasonable endeavours to publish your Listing as submitted (subject to our rights under these Terms of Service) but you acknowledge and agree that we are not liable for any error, omission or failure to publish your Listing in the form submitted or in any form.
3.9 You agree that we own all materials and content of any nature that you upload into the Service and you hereby assign all present and future intellectual property rights in such materials to us. If for any reason, this assignment is invalid, you grant us a worldwide, royalty-free, non-exclusive, irrevocable licence to use, modify, alter, commercialise in any way those materials and without limiting the foregoing to publish, republish and to sub-licence the publication of your Listing and materials. You warrant that you are authorised to grant us the foregoing licence and in particular to permit us to reproduce your photographs and other content and materials provided including on any form of social media.

If you are a Buyer:

4.1 You can use the Service:
(a) to search for a Property;
(b) to contact an Owner about a Listing using the communication functions in the Service;
(c) to request an off market approach to an Owner;
4.2 You acknowledge that not all enquiries you make or that we make on your behalf will result in a response from an Owner, a sale or progress to negotiations with an Owner either through the Service or as a result of an off market approach.
4.3 You must advise us if you complete a purchase of a Property as a result of your use of the Service.
You must not:
(a) exchange contact details with an Owner or contact an Owner outside of the Service except during the course of conducting a physical inspection of a Property;
(b) visit a Property without the Owner’s approval;
(c) provide financial details or funds via the Service to an Owner.

5.1 Buyers are required to purchase tokens in advance in accordance with the package selected when registering for the Service. One token is required for each Property enquiry. Searches can be made at no cost.
5.2 Owners pay a Listing fee based on the sold price for the Property at the rates specified in the Service. Artis will issue an invoice which is payable on completion of sale.
5.3 Goods and services tax or other taxes or duties are payable in addition to Listing fees or the price of tokens.
5.4 You acknowledge that payments made for the Service are made via an independent third party payments service provider. You acknowledge that any charges made to you by the service provider are in addition to our advertised charges and are not passed on to us.
5.5 You are only entitled to a refund of an amount paid to us, if a refund is required by law. Otherwise fees, charges and tokens are non-refundable.

6.1 All intellectual property rights (including copyright) in the Service including content, trade marks, logos and materials displayed are owned by us or our licensors.
6.2 You must not and must not permit anyone else to:
(a) use the Service or any part of it including any content other than as expressly permitted by these Terms of Service;
(b) adapt, reproduce, store, distribute, print, display, perform, publish or create any derivative works from any content on, or copyright in, the Service;
(c) copy, alter, modify, reverse assemble, reverse compile or reverse engineer the Service (or any part of it) or any content on the Service;
(d) scrape, mine or otherwise extract data from the Service;
(e) introduce a virus or other malicious code that may harm the Service including when you upload information, photos or any other material to the Service; or
(f) infringe any person’s intellectual property rights.
6.3 If you provide us with any reviews, feedback or suggestions including as to how to improve the Service, we may use the feedback or suggestions without reference to you and without payment. Any intellectual property that is created as a result of such feedback or suggestions vests in us or is hereby assigned to us without charge.
6.4 You must notify us of any actual, threatened or suspected infringement of any intellectual property rights or any claim by any Third Party that the use of the Service infringes any rights of another person as soon as that infringement or claim comes to your attention. You must do all things reasonably required by us to assist us in pursuing or defending any such infringement or claim.
6.5 If you are directed to a Third Party website or application by the Service, you are subject to the Third Party’s terms and conditions and we accept no responsibility or liability for or in connection with access or use by you of any such Third Party websites, applications, products or services.

7.1 You acknowledge and agree that your access to and use of the Service is entirely at your own risk and that you have read and understood the limitations and qualifications set out in these Terms of Service. You must make your own investigation and assessment of the Service and its suitability for your needs.
7.2 Notwithstanding clause 7.1, if we fail to comply with a statutory guarantee that applies under the ACL, then to the extent permitted by law, you agree that it is fair and reasonable that our liability for such a failure is limited to, at our option:
(a) in relation to goods:
(i) replacing or repairing the goods;
(ii) supplying equivalent goods; or
(iii) payment of the cost of replacing or repairing the goods; or
(b) in relation to services:
(i) supplying the services again; or
7.3 payment of the cost of having the services supplied again. To the maximum extent permitted by law and subject to clause 7.2, all express or implied warranties, terms or conditions, guarantees or liability not set out in these Terms of Service are excluded.
7.4 To the full extent permitted by law, we are not liable to you or any Third Party for:
(a) any claims arising out of or in connection with these Terms of Service, your use of (or inability to use) the Service or any ancillary services, the publication of a Listing (or any information about a Property), any content in the Service and whether such claim arises in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; or
(b) any special, direct, indirect or consequential loss; or
(c) lost profits, loss of business or reputation or any other economic loss, howsoever arising.
7.5 We are not liable for and you indemnify us against all loss, damage, actions, claims, demands, liability, costs and expenses (including legal fees) howsoever arising out of or in connection with:
(a) your breach of these Terms of Service;
(b) your fraud;
(c) your wilful, unlawful or negligent act or omission;
(d) the publication or non-publication of your Listing;
(e) your sale or acquisition of any Property, goods or services;
(f) your use of the Service or any other website or application linked to the Service;
(g) interruption or unavailability of the Service; or
(h) personal or bodily injury or distress arising out of or in connection with the Service, any communications, interactions or meetings arising out of your use of the Service whether with Owners, Buyers or Third Parties.
7.6 To the extent permitted by law, if despite the exclusions and limitations of liability in these Terms of Service, we are liable to you, our maximum liability is limited to the lesser of 50% of the amounts paid by you for the Service in the three months preceding the event giving rise to the claim or $100.00.

We understand that your privacy is important. We recommend that you review our privacy policy which is available at https://artis.omnionline.au/privacy-policy/. Our privacy policy applies to any personal information you disclose to us or upload into the Service. By accessing the Service and providing your personal information, you consent to the collection, disclosure and use of that information in accordance with our privacy policy.

9.1 We will give any notice required under this Terms of Service by posting it in the Service and/or emailing you using any email address you have provided to us. It is your responsibility to check for notices.
9.2 You may give us notice by emailing support@artisapp.com or using the Contact Us form in the App.
9.3 Any notice is deemed received:
(a) if posted via the Service; on the 3rd business day after the date of posting;
(b) if given by email or the Contact Us form, on the second business day after sending the email or sending the Contact Us form.

You may terminate your use of the Service at any time by advising us through the Service messaging function, by email or you can delete your account. No refund of amounts paid will be made unless required by law.

11.1 All dates and times in these Terms of Service or on the Service refer to dates and times in Sydney, New South Wales unless otherwise stated.
11.2 These Terms of Service are subject to the laws and exclusive jurisdiction of the courts of New South Wales, Australia.
11.3 If any provision of these Terms of Service is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Service which will continue in full force and effect.
11.4 Without limiting clause 11.3:
(a) nothing in these Terms of Service excludes, restricts or modifies, or has the effect or excluding restricting or modifying the provisions of the CCA in contravention of the CCA;
(b) if section 23 of the ACL applies to any provisions of these Terms of Service, any such provisions shall be void to the extent unfair within the meaning of section 24 of the ACL.

12.1 If you wish to make a complaint or provide any comments regarding the Service or these Terms of Service, you can do so by contacting us at support@artisapp.com

ACL means the Australian Consumer Law as set out in Schedule 2 of the CCA or any corresponding State or Territory law.
Buyer means a person using the Service and who is interested in investing in a Property.
CCA means the Competition and Consumer Act 2010 (Cth).
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Listing means a listing on the App offering a Property and includes all related content uploaded to the App.
Owner means the owner of a Property or a person acting with the authority of the owner of a Property.
Property means real estate listed for sale on the App or identified by a Buyer as a property the Buyer is interested in investing in.
Third Party means any person other than you or us.
you means the individual user of the Service.