INTRODUCTION
Disclaimer:
The information contained in or available on the International Villas platform is of a general nature only and does not take into account the individual and personal circumstances of any person, persons or legal entities. When making decisions we advise Users should always take into account your individual & personal circumstances and you should seek the assistance of specific licensed professional services for that advice. International Villas takes no responsibility for any decisions made from any information or advertisement on this platform.
Use of this website and platform constitutes acceptance that International Villas cannot and will not be held liable or responsible for any interactions, contact, arrangements, inspections, agreements of any type or any loss of any kind as a result of the use of this platform or any of the functions on this platform.
Terms & Conditions
These terms apply when using the International Villas Platform: Rbslglobal.com Platform (“International Villas”), the person, persons or legal entity that creates &/or accesses an account on International Villas (“User”), to advertising provided to any user, person or legal entity (“Subscriber “), the add created by the subscriber (“Advertisement’), the period of time which is selected (“Subscription”) by International Villas (Rock Star Racing Pty Ltd T/as) ABN 73 162 885 056
These Terms & Conditions are governed by the laws of the State in which International Villas is located and billing for the Advertising and each party submits to the non-exclusive jurisdiction of that State.
1.0 International Villas Platform is a self-service advertising portal only
The responsibility for the accuracy of any advertisement lies with the subscriber who creates that advertisement. It is the subscriber’s responsibility to ensure the pictures, video’s and information contained within the advertisement represent true and accurate information. No other service is expressed or implied.
1.1 International Villas Platform is a Global Platform
The Subscriber accepts the advertisement may be visible in other countries.
1.2. These Term & Conditions including Acceptable Use and Unacceptable Use Policies are applicable to your use of the internationalvillas.com.au Platform to advertise Residential and Commercial property for sale, rent or lease,
1.3. This Policy forms part of your agreement with us for the As A Service Platform provided by International Villas. Any and all advertising must comply with State and Federal consumer and business laws without exception. Failure to do so will result in your subscription being suspended or cancelled.
1.4. From time to time International Villas may change the Policies as set out in the Terms and Conditions for the Service.
1.5. We reserve our rights to maintain the quality of Advertisements and content on internationalvillas.com.au by making such directions in relation to modification of content that we consider reasonable or required in the circumstances. The rules in this Acceptable Use Policy are a list of our requirements. We may direct you to modify content that are reasonable in the circumstances.
1.6. We may interpret and apply the rules contained within our Terms & Conditions in a reasonable manner that is appropriate in the circumstances of having regard to maintaining the quality of our Platform.
1.7 International Villas reserves the right to refuse without notice any advertising Subscription it deems as not conforming to the best interest of the Platform.
1.8 Advertisements & Subscriptions placed on the International Villas Platform By subscribing to the International Villas Platform a user grants & warrants a worldwide, royalty-free, non-exclusive, irrevocable license to publish, and to sub-license the publication of, the Advertisement in any form or medium, including print, online or other.
1.9 The Subscriber warrants that it is authorized to grant International Villas the license in clause 1.8.
2.0 Errors in advertisements are the responsibility of the subscriber placing the advertisement and it is the responsibility of the subscriber, agent or agency to ensure the accuracy of each advertisement or listing. International Villas takes no responsibility for errors &/or omissions which occur in the placement of an advertisement.
2.1 Subscription Period The subscriber accepts when placing the advertisement that they will select a defined subscription period which can be extended only, unless clause 1.6 applies. A subscription will finish at the end of the period selected by the subscriber. A subscriber can renew a subscription. In the event that the subscription period purchased is not required in full a subscriber acknowledges that no refund will be offered, given or available, and excludes the ability to request a refund for less than the minimum subscription Period that could be taken at that date.
2.2 Subscription Payment The subscriber will pay in full by credit card or other agreed method prior to the advertisement being published. No Credit terms are offered in any way.
2.3 International Villas reserves the right to refuse without notice any advertising Subscription it deems as not conforming to the best interest of the Platform.
2.4 International Villas will not be liable for any delay or failure to publish Advertising caused by a factor outside International Villas’ s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
2.5 The International Villas platform supports only anti-discriminatory and respectful use.
Any incident falling outside this should be reported to adr@internationalvillas.com.au
YOUR OBLIGATIONS
3.1 The user or package subscriber must ensure they abide by these Terms and Conditions of Use including, but not limited to, the provisions of the Acceptable Use Policies and the Unacceptable Use Policies.
3.2. You must only use the Platform for the purposes for which it was designed and offered and not for any other purpose including, but not limited to, any purpose stated in this Acceptable Use Policy as being not acceptable.
3.3. You must use the Platform in a responsible manner, taking into account the effect of your use of the Platform that it may have on other users of the Platform and the requirements for the use the RBSLGlobal.com Platform.
3.4 You must be respectful to all users, customers and contacts on this platform in your dealings, responses and correspondence with all contacts and other parties, including International Villas.
ACCEPTABLE USE OF THE International Villas Platform
4.1. It is acceptable to use the Service for the purpose of Advertising of real property for sale, rent or lease, in accordance with the applicable Terms and Conditions for the Service and terms of this Acceptable Use Policy and each advertisement may only include one (1) property.
Any property advertised must have its correct address added as part of an advertisement. Failing to have the correct address of the property will result in your advertisement being suspended or cancelled at the discretion of International Villas.
4.2 User privileges are defined by several areas including, but not limited to, private, both individual and legal entity advertisements.
(a). Private Advertising User – Individual – You may advertise a property for rent, sale or lease subject to strict rules. A person or persons who own and hold title to a property and does not hold a state agent or agency license may advertise a property on RBSLGlobal.com and must ensure that they only use the platform to advertise a property that they have title to only. You must ensure that you select the appropriate category to advertise your property (see 4.1).
You may only advertise a property or properties that you own and hold title to and proof of title will be required. Usually for a private individual advertisement, proof may constitute a rate notice and/or a title search or similar property search to validate ownership or interest. Properties in Joint names or tenants in Common will require permission from all parties. A certificate of currency for building insurance including public liability will be required.
The owner or owners as per the rates/notice or title search must be the only contact for that advertisement and you cannot allow or delegate contact to anyone else, as by law only the owner of a property advertised is allowed to communicate with any enquiry regardless of the type of enquiry
(b). Private Advertising User – Legal Entity ownership – You may advertise a property for rent, sale or lease subject to strict rules. Private Legal Entities such examples as Company, Trust etc. – Legal Entities must ensure that they only use the platform for advertising of property that they have title to. As a legal entity, you may only advertise your own property or properties that you hold title to. The owner or owners must be the only contact for that advertisement and you cannot allow or delegate contact to anyone else, as by law only the owner of a property advertised is allowed to communicate with any enquiry regardless of the type of enquiry. A certificate of currency for building insurance including public liability will be required.
You must ensure that you select the appropriate category to advertise your property (see 4.1). Proof of persons with legitimate controlling positions equity or ownership will be required. Usual proof for a legal entity may constitute the company registration and structure clearly showing all interested parties as a director, a rate notice and/or title search to validate authority, ownership or interest. A letter authorizing you to act on the company’s behalf will be required and the person listed on this authorization must the controlling person of that entity such as a director etc.
(c). Services Advertising User – Qualified Trades People and Businesses who comply with State & Federal Law requirements can advertise on the International Villas platform in our service area. As such an individual or company who can supply services to/or for Real Estate or associated areas, assist in acquisition, repair or maintenance etc. may create a Services Advertisement. Proof of appropriate license if required, state legal compliance & insurances as deemed relevant state by state will be requested. A certificate of Currency of business insurances including public liability will be required.
(d). Rental and Lease. User – individuals or Legal Entities with proof of ownership may advertise on this platform. The term of the rental or lease would normally be longer that 3 months.
A certificate of currency for building insurance including public liability will be required.
This platform does not support or include any type of holiday rentals. We reserve the right to intervein, suspend or cancel any advertisement should we feel it does not comply.
4.3 It is only acceptable to advertise properties
With Private Advertisements, if you are the legal owner, owners or legal entity which has ownership and title to a property.
4.4 Properties must be advertised in the appropriate section.
As example, properties advertised for sale must be advertised in properties for sale they cannot be listed in Properties for Rent or Lease or any other category unless those categories apply (refer to clause 5.1 and 5.2).
4.5 An Advertisement may only occur in multiple categories only if those categories are applicable. Such an example may be rental with buy option. In this case full details of the offer must be made available with both advertisements and International Villas must be advised of this at the time of advertising. It must be disclosed within the advertisement that one is conditional upon the other.
4.6 Once a property is sold, rented or leased it must be marked as such within 72 hours. It is an offence by law to mislead by deceptive information or status. This change of status should occur within 72 hours of the settlement or occupancy in the case of leases and rentals occur.
4.7 Updating your Advertisements if no longer available. Once a property has been withdrawn, sold, rented or leased you must update your advertisement withing 72 hours.
4.8 Video/Moving Images/3D Tours/Virtual Inspections (Video) or VR. You must adhere to the technical requirements for embedded property videos communicated to you from time to time.
UNACCEPTABLE USE OF THE International Villas Platform
5.1. It is not acceptable use of this Platform to engage in any of the following practices, or to allow anyone else to engage in the following practices, in using the Service:
5.1.1. Sales Advertisements – General:
(a) You may only advertise real estate property for sale, rent or lease.
(b) You may not advertise more than one property within each advertisement.
(c) You may not advertise a property that you do not own in regard to private or legal entities
5.1.2 Rental and Lease Advertisements:
You may not advertise for rent or lease any property that you do not
(a) hold ownership & title for if you are a private or a legal entity
(b) you may not advertise a sublease on any type of property using the International Villas Platform
(c) you cannot advertise a room rental or any portion of a complete property by title. Rooms, office space, Carparks, garages etc. are not acceptable and are not allowed to be advertised on the International Villas Platform.
5.1.3. Services Advertisements: You may not advertise your business or services unless you hold the valid qualifications, licenses and insurances required by the state or federal law in which you offer your services.
5.2 Properties Advertisements outside their category:
(a) You cannot advertise any property for sale, rent or lease other than in accordance with the correct category or categories applicable which applies to that property. For example: a property for sale cannot be listed in the property for rent if it is for sale unless that property is marketed as a rent/buy or lease/buy opportunity.
5.3 Unacceptable Advertisements:
(a) You may not list holiday rentals on this platform under any circumstances.
(b) You may not advertise more than one property for sale, rent or lease in a single unique advertisement. A listing may only be used to advertise a single unique property.
5.4 Advertisements without a specific address may not be listed: Any s where a physical address is not available cannot be listed on the International Villas Platform.
5.5 Incorrect form information: You must not falsely or misleading complete your user or advertising information. The user form and advertising field information and pictures must be completed with correct and relevant information only. Failure to do so will result in the advertisement suspended and, in some cases, not being approved or may be cancelled.
5.6 Original photos only: Use of watermarked photos & pictures is not permitted.
5.7 Inaccurate or incorrect photos or pictures:
(a) You may not upload or use cartoon style or artist impression pictures for an actual property.
(b) A artist impression or project picture may not be used unless it is an accurate interpretation of what the advertised project will look like completed. Proof may be required.
(b) You must not upload to the International Villas Platform any image which is to be used as unlawful, illegal, malicious or improper purpose. For example, it is not acceptable to display images that:
(i) may defame or discredit another person or business;
(ii) may disclose private, personal or confidential information;
(iii) might be considered obscene, offensive, menacing or abusive;
(iv) might infringe the intellectual property rights of others; or
(v) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
5.8 Modifications of photos or pictures: You may not modify a picture or photograph so as to advertise or display information within the photograph if we feel the quality distracts from the standard of our platform. This includes collages and all images which must be an accurate representation.
5.9 Advertising with an incorrect address or insinuation: You must not deliberately advertise property with an incorrect address. Doing so will result in your advertisement being suspended or cancelled.
5.10 Deceptive or misleading conduct: You must not create an advertisement including information, content and photos with the intent to mislead or deceive. This is by law in Australia and we will remove any advertisements that contravenes Australian Consumer Law.
5.11 You must ensure that the graphic file submitted by you is no smaller than 500 x 500 pixels and no larger than 500kb in size.
5.12 Advertising without authority: Private consumers and legal entities may not list any property on the International Villas platform that they do not own and hold title to.
5.13 Multiple platform Advertisements: In the case of multiple advertisements on the same property. You may not advertise a property unless you have the authority or permission to do so subject to 3.2 & 4.1.14 above.
5.14 Impersonating other persons: You must not create a fictitious identity or impersonate another person, persons, corporation or any legal entity on this platform. We require proof of ownership to approve personal advertisements.
5.15 Reselling the International Villas Advertising or its contents: You must not advertise on this platform unless you are authorized to do so as either the owner, owners or legal entity. You cannot resell this advertising to a third party.
5.16 Allowing others to use the International Villas Platform Service: You may not allow other people or entities to access your account this platform. Use other than by the person, persons or entity approved will have your usage removed.
5.17 Sold properties: You must not leave an advertisement live if it is no longer available. Any sold, leased or rented property must be noted as such within 72 hours of that sale, lease or rental being completed and possession taken.
5.18 Rules for Content Containing Video/Moving Images/3D Tours/Virtual Inspections (Video) or VR
(a) Each video Containing Video/Moving Images/3D Tours/Virtual Inspections on an advertisement must advertise a property for sale, rent or lease and focus predominantly on the property. You must primarily advertise the property and not use Video to advertise yourself explicitly.
(b) You must not use the Video Functionality in a way that is likely to mislead or deceive users of internationalvillas.com.au.
(c) You must not use the Video Functionality for any unlawful, illegal, malicious or improper purpose. For example, it is not acceptable to display images or include commentary that:
(i.) may defame or discredit another person or business;
(ii.) may disclose private, personal or confidential information;
(iii.) might be considered obscene, offensive, menacing or abusive;
(iv.) might infringe the intellectual property rights of others; or
(v.) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
(d) You may not use the links provided for VR or Virtual Reality tours for anything other than the advertising of the property. It may only include content for the purpose of displaying in real time or prerecorded time, the property.
(e) The above rules apply to all forms of moving images permitted by us for use on our Platform including images involving video, animated, virtual, rendered and scanned technologies. The general Acceptable Use rules apply to images and sounds in Videos, including without limitation sections 4.1 and section 5 below.
5.19 Other inappropriate content: You may not use the International Villas platform in any variance, for any unlawful, illegal, malicious or improper purpose or in a way that is inappropriate having regard to our need to maintain the quality of our Platform to ensure a positive experience for consumers. For example: it is not acceptable to, in your use of the Service, display material that:
(a) may defame or discredit another person or business;
(b) may disclose private, personal or confidential information;
(c) might be considered obscene, offensive, menacing or abusive;
(d) might infringe the intellectual property rights of others;
(e) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
5.20 Failing to verify the authenticity of an Advertisement: International Villas will not allow listings to be uploaded to our Platform, or for a person or entity using the advertisement for an improper purpose. An improper purpose includes to commit fraud against a consumer, owner or landlord that is not authorized to advertise the property, in order to obtain funds and/or financial advantage by deception. Where improper use appears to have occurred or International Villas will suspend or cancel that advertising subscription where deems necessary.
Users of International Villas Platform must satisfy International Villas that they have adequate documentation to verify the authenticity of an advertisement in place and ensure that they are subscribed for a proper purpose being the owner of the property as shown in a title search or equivalent type of search which clearly shows the owner or owners and provide proof of identity.
5.21 Services Advertising Branding: Having substantially different branding on your services advertisement to that of your usual branding on advertising materials used in marketing will not be allowed.
All Services branding on advertisements loaded through your subscription must be predominantly your business or company branding. This branding must be the same branding used on all marketing materials used in promoting and marketing. For example sign boards, flyers, printed materials, other websites, apps and business cards.
BREACHING THIS POLICY
6.1. If you use the Platform in a way that breaches this Acceptable Use Policy, you are in breach of a material obligation in your agreement with internationalvillas.com.au for your use of the Service.
6.2. Breaching this Acceptable Use Policy will result in us taking action to remedy the breach. This might include: terminating or suspending your subscription; deleting a specific advertisement, deleting a profile, not permitting a advertisement or listing to be uploaded to the site in the first place or any other action that we are permitted to take under our agreement with you and according to law.
6.3. For the avoidance of doubt, if we give you notice of a breach or breaches of this Acceptable Use Policy, we will require you to remedy those breaches and otherwise become wholly compliant with this Acceptable Use Policy within the period specified in the notice. We reserve our rights to take suspension or termination action where you are in breach of ANY requirement of this Acceptable Use Policy at any time after the period specified in such a notice (and not only where you are in continuing breach of the specific requirements identified).
6.4. Where we suspend or delete advertisements, or listings/advertisements are prevented from being uploaded or displayed due to a breach or attempted breach by you of this Acceptable Use Policy, you will remain liable for your contractual obligations until the date of termination or expiration of your subscription with us.
Liability
7.1 International Villas makes no guarantee for the uptime availability of the website International Villas will act on its best endeavor to maintain the availability of the website however from time to time, periodic maintenance, enhancements and other issues may affect the uptime of this service. International Villas will do its best to advise subscribers of upcoming interruptive events where possible however is not liable for any outage for outages without notice.
7.2 Each of the parties excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act 2010 and equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).
7.3 Each of the parties limits its liability for:
- a) breach of any Non-excludable Condition (to the extent such liability can be limited); and
- b) for any breach of subscription caused by or contributed by a party, in the case of International Villas, liability is limited to the re-supply of the Advertising period lost if reasonably possible or additional time to the subscription of a User and in the case of subscription, the amount time missed for the Advertisement only.
7.4 Subject to clauses 6.1, neither party will, in any circumstances, be liable to the other for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
7.5 Subject to clause 6.2, the Subscriber indemnifies International Villas and its officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Subscribers breach of these Terms and any negligent or unlawful act or omission of the User in connection with the Advertising.
7.6 Subject to clause 7.3 The User indemnifies International Villas and its officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the User’s breach of these Terms and any negligent or unlawful act or omission of the User in connection with the Advertising.
Privacy Policy
8.0 Please refer to the International Villas Privacy Policy.
Confidentiality
9.1 Each party will treat all information as confidential unless disclosure is required by law:
- a) the terms of this Agreement (including terms relating to volumes and pricing);
- b) information generated for the performance of this Agreement, including all and any data relating to advertising
- c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information; and
- d) any information derived wholly or partlyfor any information referred to in (a) to (c) above.
9.2 Each party agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
Force Majeure
- Neither party will be liable for failing to perform its obligations under this agreement as long as the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due.
INTRODUCTION
Disclaimer:
The information contained in or available on the International Villas platform is of a general nature only and does not take into account the individual and personal circumstances of any person, persons or legal entities. When making decisions we advise Users should always take into account your individual & personal circumstances and you should seek the assistance of specific licensed professional services for that advice. International Villas takes no responsibility for any decisions made from any information or advertisement on this platform.
Use of this website and platform constitutes acceptance that International Villas cannot and will not be held liable or responsible for any interactions, contact, arrangements, inspections, agreements of any type or any loss of any kind as a result of the use of this platform or any of the functions on this platform.
Terms & Conditions
These Terms apply when using the International Villas Platform: Rbslglobal.com Platform (“International Villas”) the real estate agent or real estate agency that creates &/or accesses an account on International Villas (“User”), to advertising provided to any person, agent or agency (“Subscriber“), the add created by the subscriber (“Advertisement’), the period of time which is selected (“Subscription”), the person, persons or legal entity the advertisement is placed on behalf of (“Advertiser”) by International Villas (Rock Star Racing Pty Ltd T/as) ABN 73 162 885 056
These Terms & Conditions are governed by the laws of the State in which International Villas is located and billing for the Advertising and each party submits to the non-exclusive jurisdiction of that State.
Any person using this site does so understanding they must adhere to all terms and condition without exception contained within these policies.
1.0 International Villas Platform is a self-service advertising portal only
The responsibility for the accuracy of any advertisement lies with the subscriber who creates that advertisement. It is the subscriber’s responsibility to ensure the pictures, video’s and information contained within the advertisement represent true and accurate information. No other service is expressed or implied.
1.1 International Villas Platform is a Global Platform
The Subscriber accepts the advertisement may be visible in other countries.
1.2. The Term & Conditions including Acceptable Use and Unacceptable Use Policies are applicable to your use of the internationalvillas.com.au Platform to advertise Residential and Commercial property for sale, rent or lease,
(a) advertise Residential and Commercial property for sale, rent or lease,
(b) to create and maintain an agent or agency profile information and the internationalvillas.com.au Admin System to upload property listings for display on the internationalvillas.com.au Platform (“the Service”).
1.3. This Policy forms part of your agreement with us for the As A Service Platform provided by International Villas. Any and all advertising must comply with State and Federal consumer and business laws without exception. Failure to do so will result in your subscription being suspended or cancelled.
1.4. From time to time International Villas may change the Policies as set out in the Terms and Conditions for the Service.
1.5. We reserve our rights to maintain the quality of Advertisements, agent & agency profile / content on internationalvillas.com.au by making such directions in relation to modification of content that we consider reasonable or required in the circumstances. The rules in this Acceptable Use Policy are a list of our requirements. We may direct you to modify content that are reasonable in the circumstances.
1.6. We may interpret and apply the rules below in a reasonable manner that is appropriate in the circumstances of having regard to maintaining the quality of our Platform.
1.7 International Villas reserves the right to refuse without notice any advertising Subscription it deems as not conforming to the best interest of the Platform.
1.8 Advertisements & Subscriptions placed on the International Villas Platform By subscribing to the International Villas Platform a user grants & warrants a worldwide, royalty-free, non-exclusive, irrevocable license to publish, and to sub-license the publication of, the Advertisement in any form or medium, including print, online or other.
1.9 The Subscriber warrants that it is authorized to grant International Villas the license in clause 1.8.
2.0 Errors in advertisements are the responsibility of the subscriber placing the advertisement and it is the responsibility of the subscriber, agent or agency to ensure the accuracy of each advertisement or listing. International Villas takes no responsibility for errors &/or omissions which occur in the placement of an advertisement.
2.1 Subscription Period The subscriber accepts when placing the advertisement that they will select a defined subscription period which can be extended only, unless clause 1.6 applies. A subscription will finish at the end of the period selected by the subscriber. A subscriber can renew a subscription. In the event that the subscription period purchased is not required in full a subscriber acknowledges that no refund will be offered, given or available, and excludes the ability to request a refund for less than the minimum subscription Period that could be taken at that date.
2.2 Subscription Payment The subscriber will pay in full by credit card or other agreed method prior to the advertisement being published. No Credit terms are offered in any way.
2.3 International Villas reserves the right to refuse without notice any advertising Subscription it deems as not conforming to the best interest of the Platform.
2.4 International Villas will not be liable for any delay or failure to publish Advertising caused by a factor outside International Villas’ s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
2.5 The International Villas platform supports only anti-discriminatory and respectful use.
Any incident falling outside this should be reported to adr@internationalvillas.com.au
YOUR OBLIGATIONS
3.1. The user or package subscriber must abide by the provisions of this Acceptable Use Policy without exception.
3.2. You must only use the Platform for the purposes for which it was designed and offered and not for any other purpose including, but not limited to, any purpose stated in this Acceptable Use Policy as being not acceptable.
3.3. You must use the Platform in a responsible manner, taking into account the effect of your use of the Platform that it may have on other users of the Platform and the requirements for the use the RBSLGlobal.com Platform.
3.4 You must be respectful to all users, customers and contacts on this platform in your dealings, responses and correspondence with all contacts and other parties, including International Villas.
ACCEPTABLE USE on the International Villas Platform
4.1. It is acceptable to use the Service for the purpose of Advertising of real property for sale, rent or lease, in accordance with the applicable Terms and Conditions for the Service and terms of this Acceptable Use Policy and each advertisement may only include one (1) property.
Any property advertised must have its correct address added as part of an advertisement. Failing to have the correct address of the property will result in your advertisement being suspended or cancelled at the discretion of International Villas.
4.2 User privileges are defined by several areas including, but not limited to licensed agencies and licensed agent’s advertisements who hold a valid Real Estate license in the state, territory or province that they operate from.
(a). Residential Advertising – Agents and Agencies can advertise properties they are authorized to list. An Agent or Agency is required to supply their license or Agency license number as proof and required to have a valid appropriate Agency Agreement or Authority to Sell as required in your State. You must ensure that you select the appropriate category to advertise your property (see 4.1).
(b). Commercial Advertising – Agents and Agencies can advertise properties they are authorized to list. An Agent or Agency is required to supply their license or Agency license number as proof and required to have a valid appropriate Agency Agreement or Authority to Sell as required in your State. You must ensure that you select the appropriate category to advertise your property (see 4.1).
(c). Advertising User – A Developer may advertise property using this platform however they must hold the appropriate state license or it must be with the person authorized to act on the Developers behalf such as a licensed agent or licensed agency or if the developer holds a valid real estate or agency license. In this case the licensed person/s can only act on behalf of the developer using this platform. You must ensure that you select the appropriate category to advertise your property (see 4.1). Some conditions are applicable and these are reviewed from time to time. Developers need to discuss requirements with International Villas and an initial email detailing the requirements should be addressed to DeveloperEnquiries@RBSLGlobal.com
(d). Services Advertising User – Qualified Trades People and Businesses who comply with State & Federal Law requirements can advertise on the International Villas platform in our service area. As such an individual or company who can supply services to/or for Real Estate or associated areas, assist in acquisition, repair or maintenance etc. may create a Services Advertisement. Proof of appropriate license if required, state legal compliance & insurances as deemed relevant state by state will be requested. A certificate of Currency of business insurances including public liability will be required.
4.3 It is only acceptable to advertise properties
if you are a licensed Agency or Agent and have the appropriate Agency Agreement or Authority to Sell as required in your State by law
4.4 Properties must be advertised in the appropriate section.
As example, properties advertised for sale must be advertised in properties for sale they cannot be listed in Properties for Rent or Lease or any other category unless those categories apply (refer to clause 5.1 & 5.2).
4.5 An Advertisement may only occur in multiple categories only if those categories are applicable. Such an example may be rental with buy option. In this case full details of the offer must be made available with both advertisements and International Villas must be advised of this at the time of advertising. It must be disclosed within the advertisement that one is conditional upon the other.
4.6 Once a property is sold, rented or leased it must be marked as such within 72 hours. It is an offence by law to mislead by deceptive information or status. This change of status should occur within 72 hours of the settlement or occupancy in the case of leases and rentals occur.
4.7 Updating your Advertisements if no longer available. Once a property has been withdrawn, sold, rented or leased you must update your advertisement within 72 hours and the said property will no longer be visible as available.
4.8 Video/Moving Images/3D Tours/Virtual Inspections (Video) or VR. You must adhere to the technical requirements for embedded property videos communicated to you from time to time.
UNACCEPTABLE USE on the International Villas Platform
5.1. It is not acceptable use of this Platform to engage in any of the following practices, or to allow anyone else to engage in the following practices, in using the Service:
5.1.1. Sales Advertisements – General:
(a) You may only advertise real estate property for sale, rent or lease.
(b) You may not advertise more than one property within each advertisement.
(c) You may not advertise a property where you are not authorized to advertise a property with the appropriate signed (state required) authorization in the case of an agent or agency. (for example, a form 6 in Queensland)
(d) You cannot advertise any portion of a complete property by title. Rooms, office space, Carparks, garages etc. are not acceptable and are not allowed to be advertised on the International Villas Platform.
5.1.2 Rental and Lease Advertisements:
You may not advertise for rent or lease any property
(a) As a licensed real estate agent or agency where you do not have signed authorizations to act on that property and express permission to do so.
(b) you may not advertise a sublease on any type of property using the International Villas Platform
(c) you cannot advertise a room rental or any portion of a complete property by title. Rooms, office space, Carparks, garages etc. are not acceptable and are not allowed to be advertised on the International Villas Platform.
5.1.3. Services Advertisements: You may not advertise your business or services unless you hold the valid qualifications, licenses and insurances required by the state or federal law in which you offer your services.
5.2 Properties Advertisements outside their category:
(a) You cannot advertise any property for sale, rent or lease other than in accordance with the correct category or categories applicable which applies to that property. For example: a property for sale cannot be listed in the property for rent or lease if it is for sale unless that property is marketed as a rent/buy or lease/buy opportunity.
5.3 Unacceptable Advertisements:
(a) You may not list holiday rentals on this platform under any circumstances.
(b) You may not advertise more than one property for sale, rent or lease in a single unique advertisement. A listing may only be used to advertise a single specific unique property.
5.4 Advertisements without a specific address may not be listed: Any property where a physical address is not available cannot be listed on the International Villas Platform.
5.5 Incorrect form information: You must not falsely or misleadingly complete your user or advertising information. The user form and advertising field information and pictures must be completed with correct and relevant information only. Failure to do so will result in the advertisement suspended and, in some cases, not being approved or may be cancelled.
5.6 Original photos only: Use of watermarked photos & pictures is not permitted.
5.7 Inaccurate or incorrect photos or pictures:
(a) You may not upload or use cartoon style or artist impression pictures for existing properties or real estate.
(b) A proposed development or project picture may not be used unless it is an accurate interpretation of what the development/project will look like completed. Proof may be required.
(b) You must not upload to the International Villas Platform any image which is to be used as unlawful, illegal, malicious or improper purpose. For example, it is not acceptable to display images that:
(i) may defame or discredit another person or business;
(ii) may disclose private, personal or confidential information;
(iii) might be considered obscene, offensive, menacing or abusive;
(iv) might infringe the intellectual property rights of others; or
(v) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
5.8 Modifications of photos or pictures: You may not modify a picture or photograph so as to advertise or display information within the photograph if we feel the quality distracts from the standard of our platform. This includes collages and all images which must be an accurate representation.
5.9 Advertising with an incorrect address or insinuation: You must not deliberately advertise property with an incorrect address. Doing so will result in your advertisement being suspended or cancelled.
5.10 Deceptive or misleading conduct: You must not create an advertisement including information, content and photos with the intent to mislead or deceive. This is by law in Australia and we will remove any advertisements that contravenes Australian Consumer Law.
5.11 You must ensure that the graphic file submitted by you for your logo is no smaller than 500 x 500 pixels and no larger than 500kb in size.
5.12 Advertising without authority: An agent or agency cannot advertise a property which have not been authorized to sell, rent or lease and, if applicable, for which you do not have a signed authority from the owner or vendor, such as an Agency Agreement or Authority to Sell (Form 6 or as required in your State or Territory).
5.13 Multiple platform Advertisements: In the case of multiple advertisements on the same property. You may not advertise a property unless you have the authority or permission to do so subject to 3.2 & 4.1.14. If a property is listed with multiple agents or shared listing each may list the property.
5.14 Impersonating other persons: You must not create a fictitious identity or impersonate another person, persons, corporation or any legal entity on this platform. We may require proof of identity and/or authority to sell, rent or lease to approve advertisements and a valid state license for an agency application for agency advertising.
5.15 Reselling the International Villas Advertising or its contents: You must not advertise on this platform unless you are legally allowed or authorized to do so in the case of either a legal entity such as licensed agent or agency. You cannot resell this advertising to a third party.
5.16 Allowing others to use the International Villas Platform Service: You may not allow other people or entities to access your account this platform. Use other than the person, entity, agent or agency approved will have your usage removed.
5.17 Sold properties: You must not leave an advertisement live if it is no longer available. Any sold, leased or rented property must be noted as such within 72 hours of that sale, lease or rental being completed and possession taken.
5.18 Rules for Content Containing Video/Moving Images/3D Tours/Virtual Inspections (Video) or VR
(a) Any content Containing Video/Moving Images/3D Tours/Virtual Inspections on an advertisement must advertise a property for sale, rent or lease and focus predominantly on the property. You must primarily advertise the property and not use Video to advertise yourself or your agency explicitly.
(b) You must not use the Video/Moving Images/3D Tours/Virtual Inspections Functionality in a way that is likely to mislead or deceive users of internationalvillas.com.au.
(c) You must not use the Video/Moving Images/3D Tours/Virtual Inspections for any unlawful, illegal, malicious or improper purpose. For example, it is not acceptable to display images or include commentary that:
(i.) may defame or discredit another person or business;
(ii.) may disclose private, personal or confidential information;
(iii.) might be considered obscene, offensive, menacing or abusive;
(iv.) might infringe the intellectual property rights of others; or
(v.) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
(d) You may not use the links provided for Video, VR or Virtual Reality tours for anything other than the advertising of the property. It may only include content for the purpose of displaying in real time or prerecorded time, the property.
(e) The above rules apply to all forms of moving images permitted by us for use on our Platform including images involving video, animated, virtual, rendered and scanned technologies. The general Acceptable Use rules apply to images and sounds in Videos, including without limitation sections 4.1 and section 5 below.
5.19 Other inappropriate content: You may not use the International Villas platform in any variance, for any unlawful, illegal, malicious or improper purpose or in a way that is inappropriate having regard to our need to maintain the quality of our Platform to ensure a positive experience for consumers. For example: it is not acceptable to, in your use of the Service, display material that:
(a) may defame or discredit another person or business;
(b) may disclose private, personal or confidential information;
(c) might be considered obscene, offensive, menacing or abusive;
(d) might infringe the intellectual property rights of others;
(e) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
5.20 Failing to verify the authenticity of an Advertisement: International Villas will not allow listings to be uploaded to our Platform, or for a person or entity using the advertisement for an improper purpose. An improper purpose includes to commit fraud against a consumer by impersonating a real estate agent or agency or that is not authorized to advertise the property, in order to obtain funds and/or financial advantage by deception. Where improper use appears to have occurred or International Villas deems necessary, you must satisfy International Villas that you have adequate documentation to verify the authenticity of an advertisement in place and ensure that they are subscribed for a proper purpose which may include an agency authority with the owner of the property.
5.21 Agency Branding on listings for Sale, Rent and Lease: You must use your usual agency branding. Having substantially different agency branding on your listings for sale, rent or lease to the usual agency branding on advertising materials used in marketing the property will not be allowed.
All agency branding on advertisements for sale, rent or lease loaded through your subscription must be predominantly your agency branding (being the Agency that owns the subscription). This branding must be the same agency branding used on all marketing materials used in promoting and marketing the sale or lease of the property. For example, sign boards, flyers, printed materials, other websites, apps and business cards.
BREACHING THIS POLICY
6.1 If you use the Platform in a way that breaches this Acceptable Use Policy, you are in breach of a material obligation in your agreement with internationalvillas.com.au for your use of the Service.
6.2 Breaching this Acceptable Use Policy will result in us taking action to remedy the breach. This might include: terminating or suspending your subscription; deleting a specific advertisement, deleting an agent profile, not permitting a advertisement or listing to be uploaded to the site in the first place or any other action that we are permitted to take under our agreement with you and according to law.
6.3 For the avoidance of doubt, if we give you notice of a breach or breaches of this Acceptable Use Policy, we will require you to remedy those breaches and otherwise become wholly compliant with this Acceptable Use Policy within the period specified in the notice. We reserve our rights to take suspension or termination action where you are in breach of ANY requirement of this Acceptable Use Policy at any time after the period specified in such a notice (and not only where you are in continuing breach of the specific requirements identified).
6.4 Where we suspend or delete advertisements, or listings/advertisements are prevented from being uploaded or displayed due to a breach or attempted breach by you of this Acceptable Use Policy, you will remain liable for your contractual obligations until the date of termination or expiration of your subscription with us.
7.1 International Villas makes no guarantee for the uptime availability of the website International Villas will act on its best endeavor to maintain the availability of the website however from time to time, periodic maintenance, enhancements and other issues may affect the uptime of this service. International Villas will do its best to advise subscribers of upcoming interruptive events where possible however is not liable for any outage for outages without notice.
7.2 International Villas makes no guarantee
as to the performance of any advertisement placed on the International Villas Platform.
7.3 Each of the parties excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act 2010 and equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).
7.4 Each of the parties limits its liability for:
- a) breach of any Non-excludable Condition (to the extent such liability can be limited); and
- b) for any breach of subscription caused by or contributed by a party, in the case of International Villas, liability is limited to the re-supply of the Advertising period lost if reasonably possible or additional time to the subscription of a User and in the case of subscription, liability extends to the amount time missed for the Advertisement only.
7.5 Subject to clauses 6.1, neither party will, in any circumstances, be liable to the other party for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
7.6 Subject to clause 6.2, the Subscriber & Advertiser indemnifies International Villas and its officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Subscribers breach of these Terms and any negligent or unlawful act or omission of the User in connection with the Advertising.
7.7 Subject to clause 7.3 The User indemnifies International Villas and its officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the User’s breach of these Terms and any negligent or unlawful act or omission of the User in connection with the Advertising.
Privacy Policy
8.0 Please refer to the International Villas Privacy Policy.
Confidentiality
9.1 Each party will treat all information as confidential unless disclosure is required by law:
- a) the terms of this Agreement (including terms relating to volumes and pricing);
- b) information generated for the performance of this Agreement, including all and any data relating to advertising
- c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information; and
- d) any information derived wholly or partlyfor any information referred to in (a) to (c) above.
9.2 Each party agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
Force Majeure
- Neither party will be liable for failing to perform its obligations under this agreement as long as the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due.