1. Introduction

• Overview: Accessible Real Estate is a platform dedicated to advertising accessible housing options, including NDIS-compliant homes, aged care residences, retirement villages, accessible offices, and community centres for rent, sale, or purchase.
• Scope: These Terms and Conditions govern your use of our website and services. By accessing or using our platform, you agree to comply with these terms.

2. User Registration and Account

• Eligibility: Users must be at least 18 years old and capable of forming legally binding contracts.
• Account Creation: To access certain features, users may need to create an account. You are responsible for maintaining the confidentiality of your account information.
• Accurate Information: You agree to provide accurate, complete, and updated information about yourself or any organization you represent during the registration process and while using our services. This includes, but is not limited to, personal details and organizational affiliations.
• Single Account Policy: You are permitted to maintain only one user account on the platform. The use of multiple accounts, including those created with different email addresses, is prohibited unless you have obtained explicit permission from us. Requests for additional accounts will be considered at our sole discretion.

• Security and Responsibility: You are responsible for maintaining the confidentiality of your account credentials, including your password and any associated devices. Any activity that occurs under your account, whether authorized or unauthorized, is your responsibility. If you suspect any unauthorized use of your account, you must promptly notify us using the contact information provided at the end of this agreement. Until such notification is received, you remain liable for any unauthorized activity.

• Sensitive Information: During registration and while using your account, you may be required to provide personal and potentially sensitive information. We handle all such information in accordance with our Privacy Policy. 

Account Management:

• Account Modifications: We reserve the right to deactivate, suspend, or modify your account at our sole discretion, for reasons including but not limited to violations of these terms, legal requirements, or operational needs.

• Account Deletion: You may request the deletion of your account at any time. Upon deletion, we will make reasonable efforts to remove your information from our active systems, subject to legal retention requirements.

3. Subscription Packages

•  Accessible Real Estate lists properties free of charge. Free subscriptions can vary from 1 month to 3 months and user can renew their subscription at the end of each term.

4. Property Listings and Content

• Accuracy: Users must ensure that all property listings and content submitted are accurate and comply with applicable laws.
• Prohibited Content: The following are prohibited:

• Misleading or false information
• Discriminatory or offensive material
• Content that violates intellectual property rights.

Buying or Selling Real Property

If you list property for sale on this platform, the following terms apply:

If you are an individual seller:

• You must list a property for sale if you hold a valid contract for sale of land, prepared by a licensed solicitor or conveyancer in the relevant Australian state.
• You warrant that you hold legal title to the property in your name and that the property is not subject to third-party claims, except a registered mortgage.
• If the property is jointly owned, you warrant that all co-owners have consented to the listing.

If you are a licensed real estate agent:

• You must have a valid agency agreement in place with the property owner.
• You must have made reasonable efforts to ensure that the property owner complies with all conditions listed above.

For all parties involved in a property sale:

• All contracts must be validly exchanged, and settlement must occur in accordance with applicable state-based conveyancing laws.
• We strongly encourage buyers to:

• Inspect the property in person.
• Conduct relevant searches.
• Confirm that the property meets any relevant NDIS SDA Design Standard (for disability housing).
• Obtain appropriate home and contents insurance upon possession.

Accessible Real Estate is not:

• A party to any contract for sale.
• An agent or broker in any transaction.
• Liable for any misrepresentation, term, or condition in a sale contract, listing, or the property itself.

 Renting Real Property

If you offer a property for rent through the platform:

For individual landlords:

• You must ensure that the property is fit for habitation, safe, and meets minimum accessibility and safety standards, particularly for listings under the NDIS. (e.g.  SDA, SIL or aged care suitability).
• Property providers must be accredited or hold required licenses to lease or sell properties on the platform.

For licensed real estate agents:

• You must have a valid agency agreement with the landlord prior to listing the property.

All users involved in rental transactions acknowledge that:

• We are not a party to the lease.
• We are not responsible for any term, representation, or condition in the lease or listing.
• All issues related to tenancy should be directed to the landlord or managing agent/organisation.

5. Video Content and Advertisements

• User-Generated Content: Users may upload videos related to disability and aged care services. By submitting content, you grant us a non-exclusive, royalty-free license to use, display, and distribute the content on our platform to perform the services or otherwise fulfil our obligation under this agreement.
• Approval Process: All video content is subject to our review and approval before being published.

6. NDIS Service Providers

• Flyer Submissions: NDIS service providers may submit business flyers to our administration team for inclusion on the platform. Flyers must adhere to our content guidelines and are subject to approval.

7. Privacy and Data Protection

• Personal Information: We collect and process personal information in accordance with our Privacy Policy and the Privacy Act 1988.
• Data Usage: Your data may be used to provide services, improve the platform, and communicate with you.

8. Intellectual Property

• We acknowledge and agree that all intellectual property rights in the creative, your trademarks, and any materials you supply to us under this agreement are and will remain your property or the property of your authorised licensors.

• acknowledge and agree that all intellectual property rights in the Advertisements, our trademarks, and any related materials created or supplied by us under this agreement (including but not limited to advertisement layouts, source files, compilations, and sponsored content) are and will remain the property of us or our authorised licensors.

• You grant us a non-exclusive, worldwide, royalty-free licence for the duration of this Agreement to use, reproduce, modify, distribute, transmit, publicly display, and sublicense the creative as necessary to perform the services or otherwise fulfil our obligations under this agreement.

9. Limitation of Liability

• No Warranty: We do not guarantee the accuracy, completeness, or reliability of any content on the platform.
• Liability: To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the platform.

10. Governing Law

• Jurisdiction: These T&Cs are governed by the laws of the State of Victoria, Australia.
• Dispute Resolution: Any disputes will be resolved through binding arbitration in Melbourne, Victoria.

11. Amendments

• Changes: We reserve the right to update these T&Cs at any time. Users will be notified of significant changes via email or through a notice on the platform.

12. Contact Information

• Support: For any questions or concerns regarding these T&Cs, please contact us at info@accessiblerealestate.com.au.