4.1      It is not acceptable use of the Service to engage in any of the following practices, or to allow anyone else to engage in the following practices, in using the Service:

(a)       Listings other than real estate: Listing anything other than real property for sale or lease. For example: cars, car spaces, boats, caravans and portable homes are not acceptable Listings on the Website.

(b)       Advertising your business or your agents: Using the Service to advertise your business or your agents in a Listing rather than real property for sale or lease. Each Listing uploaded by you must be a bona fide Listing of real property for sale or lease. For example: using the service to advertise your business or its services as a property Listing is not acceptable. It is also not acceptable to include dedicated marketing content about your agency or agents within a Listing, including images (such as photographs of agents) or text within the photo gallery.

(c)       Contemporaneous Listings: Authorised Listers are responsible for ensuring:

i.           Your property in the Listing is not “on the market” or listed on any of the major commercial real estate platforms (as provided below) whilst concurrently being a Listing our Website; and

ii.          Removal of Your Listing if you wish to list a property on any of the major commercial real estate platforms (as provided below):

www.realcommercial.com.au

www.commercialready.com.au

www.developmentready.com.au

www.commercialproperty.com.au

www.commercialpropertyguide.com.au

www.commercialproperty2sell.com.au

www.reiwa.com.au

(and includes any of their subsidiaries, related entities, replacements or amendments)

iii.        We reserve the right to remove your Listing on Our Website if We discover the same property listed on any of above platforms, without refund or crediting of any fee of creating any such Listing.

(d)       Generic Listings: Listings which are not in relation to a specific lot number or address (for example ‘various properties available’).

(e)       Misuse of fields: Placing irrelevant information in an information, description or picture field of a Listing. You must only use the information, description or picture fields for inserting information that is intended for those fields. For example, inserting the name or contact details of your vendor or landlord is not acceptable.

(f)        Watermarks in photos: Inserting any watermark, including an agency name in a Listing is not acceptable unless it takes the form of a transparent watermark with no colour inserted in the bottom right hand corner of the image with surface area no greater than 15% of the total image’s surface area.

(g)       Incorrect photos or pictures:

i.           Displaying a photograph, drawing or other image that is not a photograph, drawing or image of the property being offered for sale or lease as the main image. Displaying photos of properties other than the property for sale or lease is not acceptable.

ii.         You must not use the image Functionality for any unlawful, illegal, malicious or improper purpose. For example it is not acceptable to display images that:

1.         may defame or discredit another person or business;

2.         may disclose private, personal or confidential information;

3.         reasonably be considered obscene, offensive, menacing or abusive might;

4.         infringe the intellectual property rights of others; or

5.         may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.

(h)       Text or marketing in photos or pictures: Displaying text within a photograph, drawing or other image that we consider detracts from the quality of the image on a Listing, or displaying any agency marketing material through the use of branded objects in photos, such as signboards, cars and coffee cups.

(i)        Displaying ‘Lifestyle’ images as main image: Displaying a ‘lifestyle’ photograph, drawing or other image as the main image in a property Listing. We will have discretion to determine what constitutes a ‘lifestyle’ image for this purpose, but for guidance a lifestyle image will commonly be an image of some local environmental or structural feature or amenity, and not an image of the exterior or interior of the property itself.

(j)        False street and place names: Using Street names, suburbs or location names that are inaccurate or not officially recognised. For example: stating that a property is within a neighbouring suburb is not acceptable, nor Listing indigenous place names to describe the location of a property.

(k)       Duplicate Listing of properties:

i.           Creating more than one Listing for the same property. For example, Listing a single property more than once, including but not limited to, Listings with different prices, address details, property types selected or Listings loaded into multiple Platform sections. However, a property may legitimately be listed in the ‘For Sale’ of the Website, and the “For Lease” Section of the Website if it genuinely falls within both categories. A genuine Listing of multiple units at the same address is not considered a duplicate Listing of properties. A Listing of the same property in the Coming Soon and Buy sections is not considered a duplicate Listing.

ii.         No more than one Real Estate Office may list the same property where the offices purporting to list the property are majority-owned (directly or indirectly) by the same person or corporate entity (“Affiliated Offices”). Where there is a joint Listing authority in place between a vendor and such Affiliated Offices, then we reserve the right to choose which office may list the property on the Platform, or refuse to list the property altogether.

iii.        Creating a Listing for a rental property where that same property is currently advertised for rent on our Platform. Where there are multiple Listings created for the same property by different people then we reserve the right to choose which Listings remains on the Platform, or refuse to list the property altogether.

(l)        Refreshing Listings: Removing and then editing and/or re-Listing the same property in order for the Listing to appear as a new Listing. This also applies where:

i.           A property is removed from and then placed back on the market with a new authority to the same agent or agency if the property has been off the market (and off the Platform) for less than 60 days; or

ii.         The property is removed by one office and then listed by an Affiliated Office within 60 days of the removal. A property which has been listed in Coming Soon and subsequently in the Buy section as permitted in the Terms and Conditions is not considered a breach of this clause.

(m)     Listing without authority: Listing property that you have not been authorised to sell or lease and, if applicable, for which you do not have a signed authority from the registered proprietor  or vendor, such as an Agency Agreement or Authority to Sell (as required in your State or Territory).

(n)       Impersonating other persons: Using the Service in a way that is impersonating another person or persons.

(o)       Reselling the Service or its contents: Reselling the Service or its contents to any other person.

(p)       Misleading or deceptive conduct: Using the Service in a way that does or is likely to mislead and deceive the public users of Commercialoffmarket.com.au. This is the case regardless of what content is considered misleading or deceptive.

(q)       Failure to remove sold properties and provide accurate sale date: Failing to use your best endeavours to provide an accurate sale date (being the date in the Contract of Sale) and transfer the sold property to the sold database or remove it from the Platform as soon as possible after it has been sold. For the purposes of the Acceptable Use Policy, we will regard a property as being “sold” and require it to be moved to the sold database 72 hours following any of the following events:

i.           it has been sold by private treaty and the contract of sale entered into in respect of the property is unconditional; or

ii.         it has been sold by private treaty and the contract of sale entered into in respect of the property becomes unconditional (i.e. the conditions are satisfied and/or waived); or

iii.        it has been marked “under offer” or “under contract” on our Platform for longer than two months; or

iv.        you or your agency refers to the property as “sold” in any public communication or display, including on the signboard, in marketing materials, on another website or in a window display; or

v.         once the sale has been settled (provided that, acting reasonably, you have been unable to move the property to the sold database following the events in items (i)-(iv) previously). For the avoidance of any doubt, you will be penalised for breach under clause 5.2 of this Acceptable Use Policy if the property is not moved to the sold section within a reasonable time.

(r)        Failure to update status of rental properties: Failing to update the status of a rental property as soon as reasonably practicable, but in any event within 72 hours, of the status of that property changing. For example, you must mark a rental property as leased’ or ‘withdrawn’ after a deposit has been taken, a leasing contract has been entered into in respect of that property, or that property has been withdrawn from market, as applicable.

(s)       Sold by another Agent: Changing the status of a property to sold for display on Commercialoffmarket.com.au where you are not the selling agent. For example, where a property was listed with multiple agents, only the selling agent may change the status of the property to sold, the other agent/s must remove the Listing for the property.

(t)        Other inappropriate content: Using the Service 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:

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.

(u)       Failure to verify the authenticity of Listings: Allowing Listings to be uploaded to our Platform, or for a person or entity using the Listing, for an improper purpose. An improper purpose includes to commit fraud against a consumer by impersonating a real estate agent or landlord that is authorised to advertise the property in order to obtain funds by deception. Where this occurs, you must satisfy us that you have adequate procedures to verify the authenticity of Listings in place and ensure that they are uploaded for a proper purpose, which may include an agency authority with the owner of the property.

(v)       Misusing a product or feature: Deliberately misusing a product or feature to gain an unfair advantage or to disadvantage another party (for example, by applying multiple Listing Bumps simultaneously in order to move another agency’s or agent’s Listings lower down the order).