Our Policies, Terms and Conditions

Customer service is important to us. We want your experience with reallysold.com to be fast, friendly, helpful and most importantly secure. Our secure on-line shop front is operated by Secure Pay and Westpac Bank.

Privacy Policy

reallysold.com is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify you, provide you with our newsletters and to personalize your experience with us; that's all.

reallysold.com uses cookies to allow you to login to your account. Cookies sent to your computer from reallysold.com only last while your browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more friendly, interesting and enjoyable online experience.

Security Policy

When purchasing from reallysold.com your financial details are passed through our secure server using the latest 128-bit SSL (secure sockets layer) encryption technology and it is again encrypted using encryption algorithm which is at least 64-bit. 128-bit SSL encryption is approximated to take at least one trillion, trillion years to break.

If you have any questions regarding our privacy policy, please contact us.

Pricing Policy

All of our prices are in Australian dollars (AUD).

Warranty & Returns Policy

Our returns and warranty policy is listed below. Please read this carefully before purchasing from reallysold.com.

Returning Product for Credit:

• Subscriptions to reallysold.com are non-refundable
• Subscriptions to reallysold.com are transferable to another person should not wish to use the remainder of your subscription.

Question / Comments / Problem Resolution

If problems arise, users may contact us.

Data Storage and Security

reallysold.com protects user information with the following security measures for payment information: using security protocols, secure servers, firewalls, SSL encryption and other technology and procedures used to protect consumer privacy.

reallysold.com Membership Agreement

As at 1 March 2008

This website at the domain http://www.reallysold.com/ (Website) is operated by Inconceivable Enterprises Pty Ltd (ABN 86 120 737 984) (we, us or our). By completing the registration process at the Website to become a member of reallysold.com (Community), you are entering into an agreement with us directly and agree to these terms and conditions and the Website Terms of Use (together referred to as the Agreement).

You acknowledge and agree that the Agreement may be amended from time to time without notice to you. By continuing to use the Website you accept and are bound by the Agreement as it applies from time to time.

You acknowledge that the intellectual property in the Website and the content management system powering the Website (Content Management System), and the data contained in the Content Management System is owned by Inconceivable Enterprises (ABN 86 120 737 984) (The Owner).

1. Term

1.1.

The Agreement commences upon you completing and submitting your registration form at the Website (Registration Form) and the Owner (or it agents) receiving for and on our behalf from you, the fee specified in paragraph 11.1 or 11.2, and continues until terminated in accordance with the termination provisions in paragraph 14.

1.2.

Upon commencement of this Agreement, we will open your account and you will be regarded as a member of the Community.

2. Access and Use

2.1.

As a member of the Community, we grant you the right to access and use:
a. the Website;
b. Content of the Website that has been generated by other members of the Community (User Submissions). subject to and on these terms and conditions.

2.2.

You acknowledge and agree that only you are authorised to access and use the Website and User Submissions and that you must not allow any other person to access or use your account or the Website or User Submissions.

2.3.

You acknowledge and agree that the grant of rights pursuant to these terms and conditions does not confer any rights (proprietary or otherwise) to you in relation to the Website or User Submissions or any of the intellectual property rights in any of the Website or User Submissions.

3. Your Account

3.1.

You must only access and use your account, and access, use the Website and User Submissions in good faith, legally and in the manner intended.

3.2.

Each subscription to reallysold.com is for the member's use only. You agree that you will be the only person to use your reallysold.com subscription and that it shall be used only for the purposes of compiling real estate advertisements.

3.3.

You must only liaise with us regarding your access and use of your account, the Website and User Submissions.

3.4.

You must ensure that all information provided by you to us or the Owner is accurate, complete and up to date at all times.

3.5.

You must immediately notify us if you become aware of any unauthorised use or breach of security of your account, the Website and User Submissions.

3.6.

You must act in good faith at all times towards us, the Owner and it’s licensors and provide assistance and cooperation as and when reasonably requested by us or the Owner including implementing practicable remedies to stop breaches or improper or unauthorised use of your account or the Website and User Submissions from occurring.

3.7.

You must comply with all applicable laws governing or affecting the access and use of your account, the Website and User Submissions.

4. Prohibitions

4.1.

You must not license, sell, transfer, vary, part with possession of, use or otherwise deal with your account, the Website or User Submissions except as specifically permitted pursuant to these terms and conditions or as otherwise agreed in writing by us or the Owner.

4.2.

You must not use or launch or allow any other person to use or launch any automated system, including without limitation “robots”, “spiders”, “offline readers” or software yet to be invented, that accesses any part of the Website or User Submissions in a manner that sends more request/download messages to our servers or the Owners servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

4.3.

You must not collect or harvest any information, including database information or member names from the Website other than for the intended purpose as specified in 3.2.

4.4.

You must not circumvent, disable or otherwise interfere with security-related features of your account or the Website or User Submissions. If you are in breach of this obligation, any third party costs incurred by us or the Owner in order to rectify such security-related features will become a liquidated debt immediately payable by you to us or the Owner (as the case may be), in addition to the rights of indemnity pursuant to these terms and conditions.

4.5.

You must not use your account or the Website or User Submissions to transmit any unlawful, harassing, libellous, defamatory, discriminatory, abusive, threatening, harmful, vulgar, obscene, sexual or otherwise objectionable material of any kind or nature.

4.6.

You must not interfere with or disrupt other members use of the Website. You must not manipulate any of the information in the Website or User Submissions.

5. Acknowledgements

5.1.

You acknowledge that the information provided by us, the Owner and any other persons in the Website and User Submissions is intended for general use only and does not take into account your particular objectives, situation or advisory needs, nor does the information provided constitute investment, legal, medical or other professional advice.

5.2.

You acknowledge that the information in the Website and User Submissions is intended only to provide general advice. It is not intended to be, nor should it be, relied upon as a substitute for financial, legal, medical or other professional advice.

5.3.

You acknowledge and agree that you should seek financial, legal, medical or other professional advice before acting or relying on certain information in the Website and User Submissions. Your use of the Website and User Submissions is not intended to, and does not create a professional adviser and client relationship between you and us, the Owner, it’s licensors or any third party contributors.

5.4.

You acknowledge and agree that in accessing and using the Website, Content and User Submissions, you may be exposed to content from a variety of sources and that we, the Owner and it’s licensor’s are not responsible for the accuracy, usefulness or safety of such content.

5.5.

You acknowledge that you may be exposed to Content and User Submissions that you may find to be inaccurate, offensive, indecent or objectionable and you will not hold us, the Owner and its licensor’s liable in any way for any such Content and User Submissions

6. Your Submissions

6.1.

You warrant that you hold all right, title and interest in the intellectual property rights in Your Submissions and that the use of Your Submissions as contemplated in this Agreement will not infringe any third party intellectual property rights. You indemnify and will keep indemnified us and the Owner against any claims made by any third party in respect of such intellectual property rights.

6.2.

You acknowledge and agree that we or the Owner may remove any of Your Submissions at any time without notice to you and we and the Owner will not be held liable for any such action and you will not be entitled to a refund of any monies paid.

6.3.

You acknowledge and agree that you are liable for Your Submissions. You indemnify us and the Owner in respect of any claims made by any third party in respect of Your Submissions.

7. Usernames and Passwords

7.1.

You must keep your username and password for your account strictly confidential and not disclose it to any other person.

7.2.

You acknowledge and agree that we or the Owner may amend at any time, your username, password and other security procedures for accessing and using your account or the Website and User Submissions.

7.3.

You must not allow any other person to access or use your account, the Website and User Submissions using your username or password.

7.4.

In the absence of notice from you that the confidentiality of your username and password has been compromised, we or the Owner will be entitled to construe all activity in relation to your account, the Website and User Submissions using that username and password as being for and on behalf of you, and you agree to pay all fees so incurred and to take responsibility for all actions and omissions of persons using your username and password.

8. Fair Use Policy

8.1.

You must comply with our Fair Use Policy which has been established to protect us and the Owner against abuse of content privileges.

9. Website Terms of Use

9.1.

You must comply with our policies.

10. Privacy Policy

10.1.

The Owner gathers information publicly available. In designing this website, we have incorporated security procedures and practices that we consider are consistent with best industry practice. We review our security procedures from time to time and update them when relevant. Protecting your information is important. If you submit information to us either by using an electronic form or by sending an email we collect that information and use it for the purposes for which you have provided it. In addition, we may use your information to provide you with special offers, information about new products and special promotions that we think may interest you. If you do not want to receive this information, you can let us know by contacting us. Please provide us with your customer details including name, address and contact number. In addition, indicate if you do not wish to receive any more promotional material. Personal information about you and your business with us is only accessible by you and by reallysold.com personnel who also must use a password, and are bound to safeguard the information and access it only for approved business purposes.

11. Fees

11.1.

In consideration for membership of the Community, you must pay us in advance by credit card, the quarterly fee specified in the Schedule (Quarterly Fee) for the period of your membership.

11.2.

You agree and authorise the Owner (or its agents) for and on our behalf, to debit your credit card quarterly in advance with the Quarterly Fee on each quarterly anniversary of your date of registration (each such date being a Billing Date) in respect of the grant of your right to access and use your account, the Website, User Submissions during that next quarterly period.

11.3.

If a Quarterly Fee is not received within the default period specified in the Schedule (Default Period), your account will be in default and we or the Owner may suspend or terminate your account.

11.4.

You acknowledge and agree that the Quarterly Fee is payment for the grant to you of the right to access and use during the quarter of your membership your account, the Website and User Submissions irrespective of the number of times you access and use your account, the Website and User Submissions during that quarter. Such fees will not be refundable except as otherwise specified in these terms and conditions.

11.5.

If you have any issues or disputes regarding your fees or payments, you must contact us in writing within the fee dispute period specified in the Schedule (Fee Dispute Period). If you do not bring any issue or dispute to our attention within this period, you agree that you have waived your right to resolve any such issue or dispute and we and the Owner will not be required to consider the issue or dispute raised.

11.6.

You acknowledge that we or the Owner may vary the Quarterly Fee by providing at least 90 days written notice to you.

11.7.

Payment of amounts payable pursuant to these terms and conditions will only be deemed received upon receipt of cleared funds. Payments must be made in full without any abatement, set off or deduction.

11.8.

All fees are payable in Australian currency unless otherwise stated.

12. Intellectual Property Rights

12.1.

You acknowledge that the Owner or its licensors owns all the right, title and interest in the Website and the Content Management System and in all related source code, content and artwork (except for such artwork supplied by us) and in any modification, upgrade or variation.

12.2.

You must not display, sell, licence or otherwise exploit any of the User Submissions without the prior written consent of the Owner and the copyright owner.

12.3.

You must not infringe the intellectual property rights of us, the Owner, and it’s licensors or third party contributors in relation to the Website or User Submissions.

13.

Suspension and Termination

13.1.

We or the Owner may suspend or terminate your access and/or use of your account, the Website or User Submissions or any part of your account, the Website or User Submissions at any time without notice to you.

13.2.

We or the Owner may immediately terminate your account and this Agreement with written notice to you if we or the Owner cease to offer or provide the Website or the Community or the Content Management System.

13.3.

We or the Owner may immediately terminate your account and this Agreement with written notice to you if you breach these terms and conditions, the Affiliate terms and conditions, the Website Terms of Use or the Privacy Policy. In the event of such termination, you will not be entitled to receive any refund of any fees paid or payable under these terms and conditions.

13.4.

You may terminate your account and this Agreement at your next Billing Date provided you have given us the written notice of termination specified in the Schedule.

13.5.

On termination of your account and this Agreement, you will cease to have access and use of your account, the Website and User Submissions.

14. Liability

14.1.

You acknowledge and agree that your access and use of your account, the Website and User Submissions is at your sole risk.

14.2.

You acknowledge that due to factors outside our control (including internet and telecommunications traffic and technical difficulties) or for maintenance, repair or updates of the Website, User Submissions or Content Management Systems, access and use of and reliance on your account, the Website and User Submissions:
a. may not be continuous or uninterrupted;
b. may not be accurate or virus free;
c. may fail; or
d. may be defective, or suffer errors,
and you agree without limitation, that you will not hold us or the Owner liable for any direct or indirect loss or damage (including but not limited to consequential damages or loss of profits) suffered by you arising from or related to any difficulties, interruptions, inability, failure or delay, in providing access and/or use of your account, the Website or User Submissions. You acknowledge that no refunds or fee adjustments will be made in any such circumstance.

14.3.

We, the Owner and it’s licensors will not be liable to you for any loss, damage (including any remote, indirect, consequential or incidental loss or damage) suffered by you in accessing or using your account, the Website or User Submissions.

14.4.

You acknowledge and agree that the liability of us and the Owner is limited to at our option in the case of services, the resupply of those services or the cost of resupply.

14.5.

We, the Owner and it’s licensors will not be liable for any loss, damage or expense incurred or suffered by you (including, but not limited to, incidental and consequential damages, loss of profits or damages) as a result of any action or omission made by you based on or relating to any information or recommendation provided or relied upon in the Website or User Submissions.

14.6.

We and the Owner do not warrant that the Website, User Submissions or its servers will operate free from any computer viruses or other harmful code. If your access and/or use of your account, the Website or User Submissions, or if receipt of any information from the Website, User Submissions results in the transmission of any computer virus, we and the Owner will not be liable for any loss or damage suffered (including, but not limited to, consequential damages, loss of profits or damages) in connection with or resulting from such access and/or use.

14.7.

We and the Owner are not obliged to put in place any substitute or alternative system should there be a failure or delay in the access and/or use of your account or the Website or User Submissions.

15. Indemnity

15.1.

We and the Owner will not be liable to you for, and you indemnify and will keep indemnified, us, the Owner and it’s licensors from all present and future claims (including but not limited to third party claims), actions, demands, proceedings, losses (including consequential losses), costs (including but not limited to legal costs), expenses, penalties and liabilities incurred, suffered or brought against us, the Owner or it’s licensors arising from your breach of any of your obligations or warranties pursuant to these terms and conditions, you being negligent in the use, access or other involvement with your account or the Website and User Submissions or your breach of any intellectual property rights.

16. Warranties

16.1.

You warrant that you are 18 years of age or older and legally able to enter into this Agreement.

16.2.

You warrant that all information provided by you to us or the Owner for the purposes of this Agreement is accurate, complete, up to date, not misleading, can be substantiated and complies with all applicable laws, regulations and codes.

16.3.

To the extent permitted by law, we and the Owner make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from your account, the Website or User Submissions.

17. Products and Services

17.1.

You acknowledge and agree that we may from time to time offer or sell products and/or services through the Website and that the Owner is not liable in any way for the sale or provision of such products and/or services and that such sale or provision of products and/or services are governed by separate and independent terms and conditions.

18. Hyperlinks

18.1.

The Website and User Submissions may contain hyperlinks to other websites owned and operated by third parties (Linked Sites). The Linked Sites are not under our control or the control of the Owner and we and it’s licensors are not responsible or liable for, nor do we or the Owner necessarily sponsor, endorse or approve any information or any hyperlink contained on Linked Sites. Any linking to Linked Sites is at your own risk.

18.2.

You acknowledge that we and the Owner have no control over, and assume no responsibility for the content, privacy policies or practices of any Linked Sites. We will not and cannot censor or edit the content of any Linked Site.

18.3.

We and the Owner make no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, merchantability or fitness for purpose of any or all of the information on the Linked Sites.

18.4.

We and the Owner are not a party to any transaction between you and the owners or operators of the Linked Sites. Your use of and access to a Linked Site is subject to the terms of use of that site in addition to these terms and conditions.

18.5.

You release us and the Owner from any liability arising from your use or access to a Linked Site.

19. General

19.1.

You may not assign any of your rights or obligations under this Agreement without the prior written consent of us and the Owner. You must pay for any costs we or the Owner incur in effecting any such assignment.

19.2.

We may assign our rights or obligations under these terms and conditions to the Owner or to another third party with the prior written consent of the Owner. We do not require your consent.

19.3.

These terms and conditions are governed by and will be construed according to the laws of Tasmania, Australia.

19.4.

If any part of this Agreement is deemed to be illegal, void or unenforceable, that part of the Agreement will be severed to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.

19.5.

Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.

19.6.

To the extent permitted by law, these terms and conditions together with your Registration Form and the Website policies comprise the entire agreement and embody the entire understanding of the parties and supersedes any prior written or verbal or other agreements between the parties.

19.7.

If there is any inconsistency between the Website Terms of Use and these terms and conditions, these terms and conditions will prevail to the extent of any inconsistency.

19.8.

Paragraphs 3.1, 3.2, 3.6, 3.7, 4 to 6 (inclusive) and 12 to 20 (inclusive) survive termination of these terms and conditions.

SCHEDULE

Quarterly Fee: AUD $27.89 (including GST) for Australian Users, $25.35 For International Users

Default Period: Fourteen (14) days after a Billing Date

Fee Dispute Period: Fourteen (14) days after the date you were invoiced

Notice of Termination: Written notice, termination within 7 days prior to the end of current billing period