Terms of Use (Product-Specific) (New Zealand)

Last updated: 7 March 2023

This is a legally binding document between users of Realtair Products (you, your) and Realtair New Zealand Limited NZBN 9429051171018 (Realtair, we, us, our) which sets out the terms upon which we grant you access to the Realtair Products.

Questions about these Product Terms of Use can be submitted to us at support@realtair.com.

1. Formation and application

1.1 When you access and use the Realtair Products (Account), whether in accordance with a direct subscription that you have with us and/or as an authorised user of a subscription held by a third-party (Third-party Subscriber), you acknowledge you have read and agree to be bound by the following:

(a) these Product Terms of Use (Product Terms of Use); and

(b) the following Product-specific schedules attached to these Product Terms of Use (as applicable, in accordance with clause 1.3) (Schedules):

(i) Schedule 1 – Realtair Pitch;

(ii) Schedule 2 – Realtair Sign;

(iii) Schedule 3 – Realtair Sell;

(iv) Schedule 4 – Realtair Deposits; and

(c) the Realtair Master Agreement (including all schedules attached thereto) (Master Agreement) as per clause 1.2; and

(d) our Privacy Policy as per clause 15.1.

1.2 The Master Agreement comprises a Commercial Schedule and a General Terms of Use Schedule and is incorporated into these Product Terms of Use.

1.3 For the avoidance of doubt, these Product Terms of Use apply to your use of any Realtair Product, while the Schedules only apply to the extent you or a Third-party Subscriber has purchased a subscription for the Product relevant to the Schedule. To the extent you are accessing all Realtair Products via the Realtair Platform, then the Product Terms of Use and all Schedules apply.

1.4 To the extent of any inconsistency or conflict between the documents listed in clause 1.1 above, the following order of precedence will be applied:

(a) the Commercial Schedule of the Master Agreement;

(b) the applicable Schedule as listed in clause 1.1(b);

(d) the General Terms of Use Schedule in the Master Agreement.

1.5 You can only use and access our Products to the extent you are legally able to do so in your state, territory and/or country and you must also be over 18 years of age (or the age of majority in your location).

2. Account

2.1 If you would like to delete your Account for any reason, please contact us at support@realtair.com.

2.2 You warrant all your information is current, complete, and accurate. You agree to promptly update your Account if your information changes.

3. Your use rights and restrictions

3.1 Subject to these Product Terms of Use, we grant you a non-exclusive, non-transferable, non-sub-licensable, worldwide, revocable licence to access and use the Realtair Products for your internal business operations and/or personal use in accordance with these Product Terms of Use (Permitted Purpose).

3.2 You must comply with, all Relevant Laws, these Product Terms of Use, and our reasonable directions in respect of the Realtair Products.

4. Security

4.1 You must:

(a) maintain appropriate administrative, physical, and technical safeguards to secure your access and access to the Realtair Products and your Account from unauthorised access, disclosure, alteration, and use; and

(b) immediately destroy any data (including Personal Information) so it is no longer capable of being retrieved, that has been mistakenly processed through the Realtair Products (including where such data has not been obtained with the appropriate consents in accordance with applicable Privacy Laws or where that data has been mistakenly transferred to you by us).

5. General use and restrictions

5.1 You must not:

(a) access the Realtair Products in any manner that:

(i) is in violation of any law (including Relevant Laws);

(ii) compromises, breaks or circumvents any of our technical processes or security measures associated with the provision of our products and/or services;

(iii) poses a security vulnerability to our customers or users of the Realtair Products;

(iv) tests the vulnerability of our systems or networks; or

(v) exceeds rate limits, or constitutes excessive or abusive usage;

(b) use, copy, cache, modify, adapt, translate, duplicate, disassemble, reverse assemble, reverse compile, or reverse engineer, take similar action or otherwise derive source code, trade secrets, or know-how with respect to the Realtair Products in any way that is contrary to these Product Terms of Use or against any law (including any Relevant Laws and/or for the purposes of infringing upon any third-party Intellectual Property Rights);

(c) introduce to the Realtair Products any viruses, worms, defects, Trojan horses, malware, corrupt files, or any other similar software or programs that are destructive in nature and/or may damage the operation of any computer hardware or software, including the Realtair Products;

(d) do anything that would prejudice our existing right, title or interest in the Realtair Products;

(e) engage in any other conduct that inhibits any other person from using or enjoying the Realtair Products;

(f) reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the Realtair Products that would infringe the Intellectual Property Rights, or other rights (including privacy) of Realtair or any third-party; and/or

(g) engage in conduct which, in our opinion, does or could be reasonably expected to adversely affect Realtair’s reputation or result in a liability to us.

5.2 You are solely responsible for:

(a) all activity on your Account;

(b) maintaining the confidentiality and security of the Account;

(c) taking appropriate measures to protect the Account, as well as any materials or content in the Account, from accidental, unlawful or unauthorised access, use or disclosure;

(d) notifying us immediately of any unauthorised access or use of your Account and/or the Realtair Products; and

(e) ensuring that Customer Data and any other information provided to us or input by you into an applicable Realtair Product, including account information, debit card and account details, credit card and payment amounts, is complete, correct and accurate.

5.3 We reserve the right to:

(a) deactivate your Account; and

(b) monitor your:

(i) Account; and/or

(ii) use of the Realtair Products.

6. Communications and content

To the extent you submit any content through the Realtair Products and/or make any communications through the Realtair Products (including through any communication tools), you acknowledge and agree to the following:

(a) You are solely responsible for such content/and or communication (including your interactions with any other users of Realtair Products) and must only use such communications tools for lawful and legitimate purposes.

(b) You must not use any such communication tools for posting or disseminating any material unrelated to the use of the Realtair Products, including (but not limited to) unsolicited commercial emails and files that may damage any other person’s computing devices or software.

(c) You represent that you are permitted to submit such content and/or make such communication. While we may remove any communication and/or content at any time in our sole discretion, we are under no obligation to ensure that the communications and content made available through the Realtair Products are legitimate or that they are related only to the use of Realtair Products. As with any other web-based forum, you must exercise caution when using the communication tools available through the Realtair Products.

7. Availability, service levels and modifications

7.1 Realtair does not guarantee that the Realtair Products will be continuous or fault free due to the nature of the Realtair Products. You acknowledge that the public internet is an inherently insecure environment and that Realtair has no control over the privacy of any communications or the security of any data outside of Realtair’s internal systems.

7.2 Realtair regularly updates and carries out scheduled maintenance in respect of the Realtair Products and in doing so may suspend access to, or functionality on, the Realtair Products from time to time (Scheduled Maintenance).

7.3 Realtair will use reasonable efforts to ensure Scheduled Maintenance occurs outside of standard business hours in New Zealand.

7.4 Realtair does not accept responsibility or liability for any Loss suffered by you or any third-party arising from any unavailability of the Realtair Products for any reason.

7.5 We may provide you with support or modifications for the Realtair Products, however we are not obliged to do so. We do not have any obligation to respond to or fix any errors you may encounter in respect of the Realtair Products.

7.6 In our sole discretion and without liability to you, we may:

(a) add, remove or modify any features of the Realtair Products; or

(b) discontinue the Realtair Products.

7.7 If we modify the Realtair Products, we may require you to use the modified version, which may not be compatible for your use in respect of the Permitted Purpose. You acknowledge and agree that we may not be able to provide you with individual notice of such changes.

8. Warranties

You represent and warrant that:

(a) you will comply with all Relevant Laws;

(b) you have all necessary rights, permits, licences and/or other qualifications (including as required by any applicable Laws) to access and use the Realtair Products;

(c) Customer Data, and our use of the same in accordance with this agreement, will not infringe the rights (including Intellectual Property Rights) of any third-party; and

(d) you have not relied on any representation made by us which has not been expressly stated in these Product Terms of Use (including any descriptions or specifications contained in any document outside of these Product Terms of Use).

9. Termination and suspension

9.1 We reserve the right to terminate or suspend your access to the Realtair Products in our sole discretion, including where you have breached these Product Terms of Use.

9.2 Upon termination (as applicable):

(a) all rights and licenses granted to you will terminate immediately and you must stop using all Realtair Products (as defined in clause 10.1);

(b) we will deactivate your Account;

(d) we reserve all of our rights in respect of any breach of these Product Terms of Use whether in contract or at law.

10. Our Intellectual property

10.1 We own all rights, title and interest (including Intellectual Property Rights) in the Realtair Products (including all source and object code), logos, brand names, other products and services, and all related technology, website, content, and materials (including any modifications or derivative works) (Realtair Materials).

10.2 Except for the rights expressly granted to you in these Product Terms of Use, we do not grant you any rights, title and interest (including Intellectual Property Rights) in any Realtair Materials.

10.3 You are not obliged to provide us with any Feedback, however if you do provide us with Feedback, we will be the sole and exclusive owner of the Feedback and you agree to assign to us any and all rights, title, and interest (including Intellectual Property Rights) that you may have or acquire in any Feedback.

11. Customer Data and output

You acknowledge and agree that:

(a) we are entitled to rely on the accuracy of any Customer Data without independently verifying it;

(b) any output generated by the Realtair Products are dependent on the integrity, accuracy and quality of the Customer Data;

(c) you are solely responsible for determining whether any output generated by the Realtair Products are suitable for your purposes; and

(d) we are not responsible or liable to you in respect of any such output.

12. Warranties and indemnity

12.1 You are solely responsible for your use of the Realtair Products and your Account.

12.2 In addition to any other warranties made by you throughout these Product Terms of Use, you warrant and represent that:

(a) your use of the Realtair Products will not breach:

(i) any third-party rights (including Intellectual Property Rights and privacy rights); and/or

(ii) any Relevant Laws, rules, regulations or orders, including those relating to data privacy, data transfer, and the export of technical or Personal Information;

(b) you have the corporate power to enter into and perform your obligations under these Product Terms of Use;

(c) there are no pre-existing rights or obligations which would prevent you from complying with your obligations under these Product Terms of Use;

(d) you have all rights, authorisations, and licences to use the Realtair Products for the Permitted Purpose;

(e) all information you provide to us (including Customer Data) is and will be true, accurate, and complete; and

(f) you will not interfere with our business practices, the way in which we offer our services or the Realtair Products and/or any third-party products or networks used with the Realtair Products.

12.3 You indemnify us and our affiliates, and their respective directors, officers, employees, agents, contractors, end users and licensees from and against any Loss based on or arising from:

(a) your use of the Realtair Products;

(b) any claim for breach or alleged breach of any law, regulation or third-party rights (including Intellectual Property Rights and privacy rights) in connection with Customer Data;

(d) any act or omission of you, or your representatives, agents, employees and/or contractors, end users, or licensees in connection with these Product Terms of Use and the Realtair Products (as applicable).

13. Disclaimer of warranties and limitation of liability

13.1 You are solely responsible for determining whether the Realtair Products are suitable for your needs.

13.2 Subject to any express warranties in these Product Terms of Use but otherwise to the fullest extent permitted by law, we exclude all warranties, conditions and representations in whatever form, relating to the Realtair Products, including any warranties or representations relating to quality, accuracy, integration, merchantability, conformity with specifications, reliability, functionality, performance, fitness for use or security and operation.

13.3 If any supply by us pursuant to these Product Terms of Use comprises a supply to a ‘consumer’ as defined in the Consumer Law, then:

(a) nothing contained in these Product Terms of Use restricts or modifies any guarantee, right or remedy which pursuant to the Consumer Law applies to these Product Terms of Use or is conferred on you, provided that to the extent that the Consumer Law permits us to limit our liability for breach of guarantee imposed by the Consumer Law, then to the extent permitted by the Consumer Law, our liability for such breach is limited to the following as determined by us:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

13.4 Notwithstanding any other provision of these Product Terms of Use and to the fullest extent permitted by law, in no case will we, our directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise, for any direct Loss, Consequential Loss, and/or indirect, incidental, punitive or special Losses of any kind (including loss of profit, loss of revenue or business interruption) arising out of or in connection with:

(a) these Product Terms of Use (including any applicable Schedules);

(b) your use of the Realtair Products; and

14. Third-party products and linked websites

14.1 We may use third-party products and services in our provision of the Realtair Products (Third-party Products). You acknowledge that:

(a) your use of, and access to, such Third-party Products may be subject to additional fees and separate terms issued by the supplier of such Third-party Products (Third-party Supplier), which will form a separate agreement between you and the relevant Third-party Supplier;

(b) we make no representations or warranties in relation to, and do not accept liability for, any such Third-party Products; and

(c) we may suspend your use of, or access to, the Third-party Products at any time, including on request from the Third-party Supplier.

14.2 The Realtair Products may contain links to third-party websites, products, and services, including third-party provided facts, views, opinions, statements and recommendations (together, Third-party Content). We do not make any representations or warranties in relation to, and exclude all liability from Third-party Content.

15. Privacy

Your use of the Realtair Products may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy, which is incorporated into these Product Terms of Use.

16. Notices

16.1 Subject to clause 17, a notice or other communication under these Product Terms of Use is only effective if it is in writing and it is received in full and legible form at the addressee’s email address.

16.2 You must send any notices or other communication to us under these Product Terms of Use to support@realtair.com. We will send notices to the email address that we provide the Realtair Products credentials to.

16.3 A notice will be deemed to be received on the earlier of when the sender receives an automated message confirming delivery or within 24 hours after the message has been sent (as recorded on the device from which the sender sent the message), unless the sender receives an automated message that the email has not been delivered.

17. Amendments

17.1 From time to time we may update and amend these Product Terms of Use on notice to you, including via email or by notice through your Account. Any updated or amended version of these Product Terms of Use will replace and supersede the existing and then-current version from the date specified in the notice. Your continued use of the Realtair Products following notice of any changes is deemed to be your acceptance of the changes.

17.2 We may deliver operational messages relating to the Realtair Products through your Account including for example, information about maintenance periods.

18. General

18.1 You acknowledge and agree that nothing in these Product Terms of Use prevents us from seeking injunctive relief to prevent a breach of these Product Terms of Use or to compel specific performance of these Product Terms of Use.

18.2 Nothing in these Product Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture. Except as otherwise provided in these Product Terms of Use, the parties acknowledge and agree that neither party will have any authority to bind the other party or to enter into any Product Terms of Use in the name of the other party.

18.3 We may sub-contract the performance of any part of our obligations and/or services under these Product Terms of Use to any third-party.

18.4 These Product Terms of Use contain the entire understanding between the parties concerning the subject matter of the Product Terms of Use and supersedes all prior communications.

18.5 The failure of either party to enforce any provisions under these Product Terms of Use will not waive the right of such party thereafter to enforce any such provisions.

18.6 If any term or provision of these Product Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Product Terms of Use and the remaining Product Terms of Use will be unaffected.

18.7 You may not assign, transfer or otherwise deal with these Product Terms of Use or any right under these Product Terms of Use without the prior written consent of us, which may be withheld.

18.8 Any warranty, indemnity, or obligation of confidentiality in these Product Terms of Use will survive termination or expiry of these Product Terms of Use. Any other term which by its nature is intended to survive termination or expiry of these Product Terms of Use survives termination or expiry of these Product Terms of Use.

18.9 These Product Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia, save where otherwise required by law. Save where otherwise required or for any arbitration of specified disputes, the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

19. Definitions

19.1 In these Product Terms of Use:

Consumer Law means the provisions of Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied under Part XI or under a law of a State or Territory, or any similar laws which may apply to this agreement in the applicable jurisdiction.

Confidential Information of a party means the confidential, proprietary and commercially sensitive information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) of that party (disclosing party) which his disclosed to, or learnt by or accessed by the other party (receiving party), including information which:

(a) is identified by the disclosing party as confidential or the receiving party ought to have been known to be confidential; and

(b) relates to the business affairs, products and practices, including financial information, business opportunities, business plans, business processes and methodologies, business systems and technology products including applications, software code, databases and data of the disclosing party, but does not include information:

(i) which is in, or comes into, the public domain other than by the receiving party’s breach of these Product Terms of Use;

(ii) which is independently known to, or developed by, the receiving party as evidenced by the receiving party’s written records; or

(iii) is or was made available to the receiving party by a person (other than the disclosing party) who is not, or was not, under an obligation of confidence to the disclosing party.

Consequential Loss means any Loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss.

Customer Data means all data, information and content provided by you to us (including when creating an Account) or which is input into the Realtair Products when using the Realtair Products, including any Personal Information.

Feedback means any input, feedback, suggestions for improvements with regards to the Realtair Products and/or our products and services.

Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, technology designs including computer programs, applications, databases and software code, patents, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.

Loss means any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise.

Personal Information has the meaning given to it in the Australian Privacy Act 1998 (Cth) or the New Zealand Privacy Act 2020 (as applicable).

Privacy Laws means the Australian Privacy Act 1998 (Cth) and the New Zealand Privacy Act 2020, together with any applicable privacy laws, codes, and/or regulations.

Privacy Policy means our Privacy Policy as amended from time to time available at https://realtair.com/nz/privacy-policy/

Realtair Deposits means our solution for the collection of buyer deposits in real time into an agency’s trust account once a sale has been made.

Realtair Pitch means our solution for creating customisable pitch presentations and proposals to win appraisals and listings.

Realtair Platform means our end-to-end product suite, including Realtair Pitch, Realtair Sign, Realtair Sell and Realtair Deposits.

Realtair Products means any products and services made available by us from time to time in New Zealand including Realtair Pitch, Realtair Sign, Realtair Sell and Realtair Deposits.

Realtair Sell means our solution which allows agents to facilitate auction campaigns, private treaty and timed property sales with all the benefits of integrated and transparent technology.

Realtair Sign means our solution for an all-in-one signature platform to prepare agreements or upload documents that can be sent, downloaded and signed all in real time.

Regulatory Authority means any governmental authority, agency or, including NSW Fair Trading and any equivalent body in any other State or Territory, or in New Zealand as applicable.

Relevant Laws means any and all laws, codes and/or regulations (including by any Regulatory Authority), including in respect of property, real estate, accounting, tax, reporting and data retention applicable to your use and access of the Realtair Products, including in Australia, New Zealand and/or the territory in which you are based.

19.2 In these Product Terms of Use unless the context otherwise requires:

(a) clause and subclause headings are for reference purposes only;

(b) the singular includes the plural and vice versa;

(d) references to statutes include all statutes amending, consolidating or replacing such statutes;

(e) $ means the lawful currency of New Zealand;

(f) any reference in these Product Terms of Use to Realtair, us, we or our includes any related bodies corporate of the New Zealand Realtair entity (as may be applicable);

(g) any reference to a party to this document includes its successors and permitted assigns;

(h) the use of the word “includes” or “including” is not to be taken as limiting the meaning of the words preceding it; and

(i) a reference to a clause or schedule is a reference to a clause of, or a schedule of these Product Terms of Use unless otherwise specified.

Schedule 1 – Realtair Pitch

1. Application

This Schedule applies to the extent you have registered and/or subscribed to Realtair Pitch or have been given access to Realtair Pitch by a Third-party Subscriber.

2. Templates

To the extent applicable to your subscription or the subscription of a Third-party Subscriber, we will provide a selection of pre-built Prelist and Proposal templates that will be customised through the addition of Customer Data. You must provide us with all Customer Data that you wish to be incorporated in the Prelist and Proposal templates in a format reasonably required by us. You acknowledge and agrees that Realtair cannot customise the Prelist and Proposal templates without you supplying the Customer Data required for that purpose.

3. Definitions

In this Schedule, defined terms have the meaning given to them in the Product Terms of Use and as follows.

Proposal means a property and Vendor specific web page or document created using Realtair Pitch that serves to propose the services of the real estate agent to the prospective Vendor in the sale of their property.

Prelist means a property and Vendor specific web page created using Realtair Pitch that serves to introduce the real estate agent to the prospective Vendor.

Vendor means the owner and/or seller of a property.

Schedule 1 – Realtair Sign

1. Application

This Schedule applies to the extent you have registered and/or subscribed to Realtair Sign or have been given access to Realtair Sign by a Third-party Subscriber.

2. General

2.1 You acknowledge and agree to the following.

(a) Realtair facilitates the electronic signature and execution of property and agency related transactions only. Nothing in this agreement makes Realtair a party to any document processed through Realtair Sign (eDocument).

(b) Realtair makes no representation or warranty in connection with any of the transactions contemplated by any eDocument.

(c) Realtair may set and enforce limits for reasonable use in respect of Realtair Sign at its sole discretion, including to prevent abusive or unduly burdensome use of Realtair Sign.

(d) You are solely responsible for and retain exclusive control in respect of the following:

(i) the content, quality, integrity, accuracy and format of any eDocument, including where an eDocument is automatically populated through Realtair Sign;

(ii) all communications and interactions with third parties in respect of any eDocuments, including with any counterparties or third-party providers of products or services (to the extent applicable);

(iii) determining whether any eDocument may be lawfully executed electronically including in accordance with any applicable laws and/or regulations (including Relevant Laws);

(iv) the accuracy and appropriateness of any instructions given by you and/or your personnel to Realtair in relation to Realtair Sign (including any eDocuments); and

(v) retaining copies of eDocuments (including copies of executed eDocuments sent to you by Realtair at the time of execution) and any relevant records relating to eDocuments, including saving and back up eDocuments (including once executed through Realtair Sign as applicable).

3. Exclusion of Liability

3.1 Realtair does not provide any warranties about, nor is responsible or liable for, the following.

(a) Any eDocuments, including that their content, will be free of errors or omissions.

(b) Monitoring any transactions contemplated or effected through Realtair Sign. In accordance with clause 2.1(a) of this Schedule, Realtair is not a party to any transactions contemplated or effected through Realtair Sign and accordingly does not monitor any such transactions.

(c) The execution of eDocuments electronically and/or remotely via Realtair Sign. Realtair provides no warranty that the execution of eDocuments electronically and/or remotely via Realtair Sign will comply with all rules, requirements or laws relating to execution of such documents (including Relevant Laws) or that all documents will be legally binding, valid and enforceable if executed electronically and/or remotely.

(d) Determining how long any contracts, documents, and other records, including eDocuments, are required to be retained or stored in accordance with applicable laws and regulations (including Relevant Laws).

(e) Issuing any of your eDocuments or other documents to any third parties.

3.2 Realtair is not responsible or liable to you or any third-party for any direct Loss or Consequential Loss, damage or claim as a result of or in connection with:

(a) your use of any content, including any eDocument, posted, emailed, transmitted or otherwise made available via Realtair Sign;

(b) the method used by the you to sign, execute or obtain a signature for any documents or eDocuments using functionality that may be provided by Realtair through Realtair Sign; and/or

(c) any eDocuments deleted or no longer made available to you or any third party in accordance with clause 4 of this Schedule or otherwise.

4. Deleting eDocuments

4.1 Realtair stores eDocuments on its servers and/or authorised third party servers and subject to clause 4.2 of this Schedule, will delete an eDocument as soon as reasonably practicable following receipt of a written request from you to delete such eDocument.

4.2 Realtair may, at its sole discretion, delete unsigned and/or signed eDocuments from Realtair Sign the later of:

(a) 7 years from the date the eDocument is uploaded into Realtair Sign; or

(b) upon termination of your Account, or the Account through which you have been granted access to Realtair Sign, for any reason.

4.3 You acknowledge and agree that on termination of your Account for any reason you will no longer be able to access Realtair Sign including any eDocuments stored in Realtair Sign.

Schedule 2 – Realtair Sell

1. Application

The terms of this Schedule apply to you to the extent you are a Buyer, Agent, Buyers Agent or Auctioneer who has registered for and/or subscribed to Realtair Sell or has been given access to Realtair Sell by a Third-party Subscriber.

2. Acknowledgement

You acknowledge and agree to the following.

(a) Property listings may be withdrawn or removed from the Website by or with the approval of Realtair Sell at any time prior to commencement of an Auction in respect of the Property.

(b) You must comply with the Auction and Sales Rules (to the extent applicable) when accessing or using Realtair Sell for any purpose.

(c) We are not a licensed real estate agent and do not act as an Agent or Auctioneer or conduct Auctions in respect of any Properties. Realtair Sell is merely offered by us to facilitate the offer for sale and sale of Property, including Auctions, by others as set out above. For the avoidance of doubt, we do not represent Vendors and will not deal or communicate directly with Vendors. We will only deal or communicate with Agents authorised to represent or act on behalf of Vendors.

3. Bidders and Offerors

To the extent you are a Bidder and/or Offeror, you must not create an Account for Realtair Sell, bid on Properties or submit an offer to purchase any Properties unless you are legally entitled to bid on, purchase and own the Properties listed on the Website.

4. Agent and Auctioneers

4.1 To the extent you are an Agent or Auctioneer, you also acknowledge and agree to the following.

(a) We do not at any time, on or via Realtair Sell or otherwise, maintain for or on behalf of the Agent or Auctioneer any record, log or information required to be made or kept by an Agent or Auctioneer under any Relevant Laws (including but not limited to a Bidder’s record).

(b) You must not use Realtair Sell for the purpose of hosting or maintaining any record required to be made or kept by an Agent or Auctioneer under any Relevant Laws (including but not limited to a Bidder’s record).

(c) It is your sole responsibility to be aware of, understand and comply with all Auction and Sale Rules when accessing or using any function or part of Realtair Sell in connection with advertising, listing, offering to sell or selling any Property (whether by private treaty or Auction) and to satisfy yourself that your use of Realtair Sell will be compliant with all applicable Auction and Sale Rules. We make no warranty, guarantee or representation, and Agents and Auctioneers do not rely on any warranty, guarantee or representation from us, that use of Realtair Sell will ensure compliance with all applicable Auction and Sale Rules.

(d) Without limitation and unless expressly required otherwise by the Auction and Sale Rules applicable to a particular Property, Agents and Auctioneers must in respect of each Property, in respect of each Property, you must:

(i) include your:

(A) personal name (if an individual);

(B) business name (if operating under a registered business name);

(D) partnership name (if operating as a member of a partnership);

(E) business address;

(F) your contact details; and

(G) details (including number) of your relevant Auctioneer Licence or Agent Licence, in all listings or advertisements relating to the applicable Property through Realtair Sell;

(ii) include all other information, details and notifications in all listings or advertisements relating to the Property as may be required by the applicable Auction and Sale Rules;

(iii) ensure that conditions of sale, conditions of auction, Vendor statements, Bidder guides and all other notices, guides, statements, conditions, documents, rules, codes or information prescribed by the Auction and Sale Rules are displayed, made publicly available, brought to the attention of the public and remain accessible for inspection (including to Followers, registered or prospective Bidders or any person attending or watching an Auction) in advance of and during any Auction in the manner and format (including all details) and as, or as otherwise, required by the applicable Auction and Sale Rules;

(iv) ensure that all Bidders are properly registered, allocated a number or other identifier and are recorded (including their allocated number or other identifier) in any register of Bidders as and in the form required by the applicable Auction and Sale Rules before permitting or accepting any bid from the Bidders at Auction;

(v) ensure that they maintain all records as required by the applicable Auction and Sale Rules, in the format and including all information as may be required; and

(vi) only accept or record bids at Auction from registered Bidders that clearly identify themselves by the number or other identifier allocated to them and recorded in the Bidders register and only after acknowledging the number or identifier or making any other prescribed statements in respect of the bid as and to the extent required by the applicable Auction and Sale Rules.

5. Auctioneers

5.1 Auctioneers acknowledge that the Auction and Sale Rules may require certain steps, activities, obligations and requirements to be undertaken and met before commencement of an Auction. Auctioneers must not, and warrant that they will not, commence an Auction via Live Auction until all such activities, obligations and requirements are undertaken and met.

5.2 Auctioneers warrant that:

(a) they have obtained and will maintain all Auctioneer Licences as required for them to conduct an Auction or act as or otherwise carry on the business or activities of an Auctioneer via use of the Website or Realtair Sell; and

(b) all activities, actions and conduct undertaken by the Auctioneer through its access and use of Realtair Sell are covered and permitted by the Auctioneer Licences obtained and maintained by the Auctioneer and will not place the Auctioneer in breach of any Auctioneer Licences.

5.3 Auctioneers must, and warrant that they will, at all times comply with the terms and conditions of all Auctioneer Licences held and maintained by them.

5.4 Auctioneers must immediately notify us of the expiry of, or if they cease to hold or maintain for any reason, any Auctioneer Licences required for the Auctioneer to conduct an Auction or act as or otherwise carry on the business or activities of an Auctioneer via Realtair Sell.

5.5 Auctioneers must not permit any person that does not hold or maintain a current Auctioneer Licence to access and use the Auctioneer’s Account for the purposes of acting as or otherwise carry on the business or activities of an Auctioneer in respect of any Property via the Auctioneer’s Account.

5.6 We may cancel or suspend, at our discretion, an Auctioneer’s Account or the Auctioneer’s access to Realtair Sell in the event of expiry or cessation of any Auctioneer Licences previously held by the Auctioneer. If the Auctioneer’s Account or access is suspended, we will only reactivate the Account or access upon the Auctioneer providing evidence that it holds and maintains all required Auctioneer Licences to the reasonable satisfaction of Realtair Sell.

6. Agents

6.1 Agents acknowledge that the Auction and Sale Rules may require certain steps, activities, obligations and requirements to be undertaken and met before advertisement or listing of a Property. Agents must not, and warrant that they will not, advertise or list a Property via the Website or Realtair Sell until all such activities, obligations and requirements in respect of the Property are undertaken and met.

6.2 Agents warrant that:

(a) they have obtained and will maintain all Agent Licences as required for the Agent to act as or otherwise carry on the business or activities of an Agent via use of the Website or Realtair Sell;

(b) all activities, actions and conduct undertaken by the Agent through its access and use of the Website and Realtair Sell are covered and permitted by the Agent Licences obtained and maintained by the Agent and will not place the Agent in breach of any Agent Licences; and

(c) they are duly appointed by and authorised to act on behalf of the Vendors in respect of each Property listed by the Agent on the Website, including to have carriage of the sale of the Property (whether by private treaty or auction) and to use Realtair Sell and Website in connection with the Property.

6.3 Agents must, and warrant that they will, at all times comply with the terms and conditions of all Agent Licences held and maintained by them.

6.4 Agents must immediately notify Realtair Sell of the expiry of, or if they cease to hold or maintain for any reason, any Agent Licences required for the Agent to act as or otherwise carry on the business or activities of an Agent via use of the Website or Realtair Sell.

6.5 Agents must not permit any person that does not hold or maintain a current Agent Licence to access and use the Agent’s Account for the purposes of acting as or otherwise carry on the business or activities of an Agent in respect of any Property via the Agent’s Account.

6.6 Realtair may cancel or suspend, at its discretion, an Agent’s Account or the Agent’s access to Realtair Sell in the event of expiry or cessation of any Agent Licences previously held by the Agent. If the Agent’s Account or access is suspended, Realtair Sell will only reactivate the Account or access upon the Agent providing evidence that it holds and maintains all required Agent Licences to the reasonable satisfaction of Realtair.

6.7 Agents must provide to all registered Bidders prior to each Auction a contact number for the Agent or an Agent’s representative who will be available to take calls from Bidders, answer any questions or communicate or enter bids made by the Bidder to the Auctioneer during the Auction (if permitted by applicable Auction and Sale Rules and subject to all prescribed authorisations being enacted as between the Bidder and the Agent or Agent’s representative).

7. Auctions and Bidders

7.1 The terms of this clause 7 apply to Auctions conducted via Live Auction and Timed Auction unless otherwise specified.

7.2 Auctions must be conducted by the Auctioneer in accordance with the applicable Auction and Sale Rules. An Auction must not be conducted via Realtair Sell unless it is conducted by an Auctioneer that holds a current Auctioneer Licence as required to conduct the Auction.

7.3 The Auctioneer will be the sole arbitrator of the Auction process. The Auctioneer may reject or accept any bid submitted by a Bidder for any reason at the Auctioneer’s discretion. Permitted bidding increments are solely determined by the Auctioneer.

7.4 The Auctioneer may submit Vendor bids if permitted by and in accordance with applicable Auction and Sale Rules.

7.5 The Auctioneer may pause an Auction of a Property and suspend further bidding on that Property for the duration of the pause if permitted by and in accordance with the Auction and Sale Rules that apply to that Property.

7.6 The Property will be deemed to be on the market only after the value of legitimate accepted bids have reached or exceeded the Vendor’s reserve price or otherwise at the discretion of the Vendor if there is no reserve price under applicable Auction and Sale Rules. The Vendor may change its reserve price for a Property at any time before or during an Auction. The Property will be passed in and the Auction will be concluded without any sale of the Property if legitimate accepted bids do not reach or exceed the Vendor’s reserve price or minimum price required by the Vendor.

7.7 Bidders must ensure they are aware of and comply with all Auction and Sale Rules that apply to Auctions attended or accessed by Bidders via Realtair Sell.

7.8 The date and time for Auctions (whether conducted via Live Auction or Timed Auction) will be specified on the Website. However, Auction dates and times may change and Agents, Auctioneers and Realtair Sell respectively reserve the right to cancel or delay the start time of Auctions. Any cancellations or changes to Auction dates or times will be updated on the Website as soon as practicable. Bidders and Followers should visit the Website and Realtair Sell regularly prior to the advertised date and time of an Auction to verify if there has been any cancellation or change to the date or time of the Auction. Realtair Sell is under no obligation to separately notify Bidders or Followers of any cancellations or changes to Auction dates or times.

7.9 The date, time and parameters for Auctions conducted via Timed Auction will be determined by the Agent for the Property. For the purposes of an Auction conducted via Timed Auction, the Auction date will be the date the Successful Bid is made.

7.10 The proposed contract terms, terms of sale or auction terms for a particular Property may change before or during the Auction. The Agent and Auctioneer are responsible for notifying all such changes to Bidders before or during the Auction and for maintaining and updating any relevant information or documentation relating to the Property.

7.11 Bidders cannot bid at an Auction, and will not be permitted to submit any bids via Realtair Sell, unless they have registered to bid in accordance with the applicable Auction and Sale Rules. Bidders acknowledge that under applicable Auction and Sale Rules in some jurisdictions they may not be permitted to:

(d) register to bid after commencement of the Auction.

It is the Bidder’s sole responsibility to register to bid before commencement of an Auction if it wishes to ensure that it is permitted to bid at the Auction.

7.12 Bidders may authorise a representative to submit bids on the Bidder’s behalf by signing and submitting in advance of the Auction and via Realtair Sell the relevant authority and documents in accordance with applicable Auction and Sale Rules and otherwise in the formats reasonably required by Realtair Sell, the Agent and the Auctioneer.

7.13 If a registered Bidder wishes to have the option of making a telephone bid via the Auctioneer, Agent or the Agent’s representative during an Auction and such option is available under applicable Auction and Sale Rules, then the Bidder must sign all documents and take all steps necessary to authorise the Auctioneer, Agent or the Agent’s representative for that purpose before the Auction and authorises the Auctioneer, Agent or the Agent’s representative to bid on the Bidder’s behalf.

7.14 We may provide additional functionality via Realtair Sell, such as allocating to each Bidder a unique code or reference number, to assist Auctioneers, Agents or Agent representatives to verify the identity of any Bidder that contacts the Agent or Auctioneer by telephone or other means separate from Realtair Sell. We make no representation, warranty or guarantee that such functionality is adequate to ensure that Auctioneers, Agents or Agent representatives comply with obligations to identify Bidders to the extent required under applicable Auction and Sale Rules and Auctioneers and Agents acknowledge that it is their sole responsibility to ensure that they and their representatives verify the identity of all Bidders to the extent required by and in compliance with applicable Auction and Sale Rules.

7.15 Registration to bid at one Auction does not permit the Bidder to bid at any other Auction. Bidders must separately register to bid at each Auction respectively.

7.16 Bidders acknowledge that in order to register to bid at an Auction and fully utilise Realtair Sell they will be required to provide (including by uploading via Realtair Sell), and they agree to provide, to us, Agents and Auctioneers certain information and documentation (including Personal Information) as is reasonably required for us, the Agent or the Auctioneer to verify the identity of the Bidder. Such information and documentation may include, without limitation, the Bidder’s full name, email address, residential address, phone number, copy and details of the Bidder’s drivers’ licence or other photo identification reasonably acceptable to us, the Agent or Auctioneer or any other information or documentation as may otherwise be reasonably required to verify the identity of the Bidder in the manner and to the extent required by applicable Auction and Sale Rules. Bidders consent to us, Agents and Auctioneers collecting, storing, disclosing, using, transmitting and reproducing such information and documentation as may be reasonably necessary to register the Bidder to bid at Auctions, register an Account for the Bidder, comply with applicable Auction and Sale Rules and as may otherwise be reasonably necessary to provide all features of Realtair Sell to Bidders.

7.17 A Bidder’s request to register to bid for an Auction may be refused for any reason by the Auctioneer at their discretion.

7.18 Bids made for Auctions conducted via Timed Auction can only be withdrawn if permitted by applicable Auction and Sale Rules and only with the approval of the Auctioneer or Agent.

7.19 Bidders acknowledge that Dummy Bids may be prohibited under applicable Auction and Sale Rules and regardless agree not to submit any Dummy Bids. Bidders may only submit a bid at an Auction if they are acting in good faith and have a genuine intention to purchase the property for the amount of the bid. By placing a bid, the Bidder warrants that if the bid is the Successful Bid then the Bidder is willing and able to, and will pay, the amount of the Successful Bid to the Vendor for the purchase of the Property.

7.20 We may immediately suspend or terminate a Bidder’s or Follower’s access to an Auction (whether conducted via Live Auction or Timed Auction) if the Bidder or Follower breaches or fails to comply with these Product Terms of Use or the Auction and Sale Rules (as applicable).

8. Internet access to Auctions

8.1 You acknowledge that transmissions made by means of the Internet and Internet connectivity generally may be unreliable, interrupted, disrupted or fail for various reasons and that your access to an Auction via Realtair Sell may be interrupted, disrupted or may fail at any time before or during an Auction or that live streaming of any Auction may be interrupted, disrupted, disabled or delayed at any point. As a result, we cannot guarantee and do not represent or warrant that your access to any Auction via Realtair Sell will be reliable, uninterrupted, continuous or error-free or that there will not be any delay in respect of live streaming of Auctions via Realtair Sell. You therefore access and participate in Auctions via Realtair Sell at your own risk and accepts the risk of interruptions, disruptions, connection failures, lags and delays in respect of its access to Auctions via Realtair Sell and the potential risk that you may be prevented from making a bid or purchasing a Property via Realtair Sell as a result of such interruptions, disruptions, connection failures, lags or delays.

8.2 You should take all reasonable steps available to minimise the risks of and potential consequences arising from interruptions, disruptions, connection failures, lags and delays in access to Auctions via Realtair Sell. In particular, and without limitation, Bidders should:

(a) ensure that they continue to refresh the Website page during the course of the Auction – noting that delays or lags may be a result of delays in the Website page refreshing on the Bidder’s system or device;

(b) have alternative options available to submit bids via means other than directly through Realtair Sell to the extent permitted by applicable Auction and Sale Rules, which may include:

(i) arranging for an authorised representative to be in a position to submit bids (either online or at the Auction location) on the Bidder’s behalf if needed – the Bidder should sign and submit the required authority and documents in advance of the Auction for that purpose;

(ii) adding and registering an additional bidder via Realtair Sell to allow the additional bidder to make bids via Realtair Sell if required; or

(iii) arranging to have the option available to make a telephone bid via the Agent or the Agent’s representative during the Auction if needed.

9. Make an Offer & Timed Sale

9.1 Offerors must provide all information and documentation required by us in order to submit an offer to purchase a Property via Make an Offer or Timed Sale.

9.2 For Make an Offer listings, an Agent may at any time and without notice to an Offeror remove or re-instate the listing.

9.3 For Timed Sale listings, an Agent may at any time and without notice to an Offeror remove or re-instate the listing or vary the duration of the listing visible on Realtair Sell by shortening or extending it.

9.4 The Vendor has absolute discretion as to whether or not to accept an offer to purchase a Property submitted via Make an Offer or Timed Sale. Where multiple offers to purchase a Property are submitted via Make an Offer or Timed Sale, the Vendor may elect to accept any of the offers irrespective of the purchase price offered. An offer to purchase submitted by an Offeror therefore is not guaranteed to be accepted even if it is the highest purchase price offered.

9.5 The Offeror will be notified by email if its offer to purchase a Property has been accepted.

9.6 If a Timed Sale or a Make an Offer listing is converted to an Auction, the Agent must ensure that it has the appropriate authority from the Vendor to convert the Timed Sale or the Make an Offer listing and facilitate the Auction according to the relevant Auction and Sale Rules.

9.7 All offers to purchase a Property submitted via Make an Offer or Timed Sale and all acceptances of such offers by the Vendor are non-binding and remain non-binding until formal exchange of contract for the purchase and sale of the Property. Offerors acknowledge and accept that if the Agent receives additional offers to purchase a Property after the Agent initially notifies acceptance of an offer made by the Offeror but before formal exchange of contract for the purchase and sale of the Property, then the Agent has a duty to put such offers to the Vendor and the Vendor may elect to accept one of those additional offers instead of the offer made by the Offeror. An Offeror may withdraw their offer at any time before formal exchange of contract by notifying the Agent.

9.8 The listing of a Property in Make an Offer or Timed Sale may at any time be transferred to a Timed Auction or Live Auction listing before formal exchange of contract for the purchase and sale of the Property. In that case, the sale of the Property may proceed by Auction via Timed Auction or Live Auction regardless of any offers to purchase the Property submitted via Make an Offer or Timed Sale. If the listing is transferred to a Timed Auction or Live Auction listing, the Offeror will be required to register as a Bidder before being able to submit bids to purchase the property at Auction.

9.9 Unless clause 11.7 applies, sales of Property via Make an Offer or Timed Sale are sales by private treaty and are not, or not intended to be, sales by way of Auction.

9.10 Offerors acknowledge that details of offers submitted via Timed Sale may be published on and publicly available via the Website and Realtair Sell. By submitting an offer via Timed Sale, Offerors consent to details of the offer being published on and made publicly available via the Website and Realtair Sell.

9.11 By making an offer via Make an Offer or Timed Sale, Offerors warrant that the offer is genuine; that they have a genuine intention to purchase the Property at the offer price; and that they are willing and able to pay the deposit for the purchase of the Property based on the offer price and sign a contract to purchase the Property for the offer price. We may at any time suspend or deactivate an Account if Realtair Sell becomes aware or suspects that you are:

(a) submitting offers without a genuine intention to purchase the Property at the offer price;

(b) not willing and able to sign a contract to purchase the Property for the offer price;

(d) submitting offers to artificially inflate the perceived value of a Property or its ultimate purchase price.

10. Post-Auction and Post-Offer Procedures

10.1 The terms of this clause 10 apply to:

(e) the Successful Bidder, the Auctioneer and Agent in connection with an Auction that has closed with a Successful Bid (the Successful Auction); and

(f) the Offeror and Agent in circumstances where the Offeror has submitted an offer to purchase a property via Make an Offer or Timed Sale and the offer has been accepted by the Vendor and notified to the Offeror via Make an Offer or Timed Sale, subject to formal execution and exchange of contracts (the Accepted Offer).

10.2 Each of the Successful Bidder, Offeror and Agent are solely responsible for signing and exchanging all contracts, signing all documents and taking all steps necessary to complete the sale of the Property in accordance with applicable Auction and Sale Rules and the terms of the contract for purchase and sale of the Property after the Successful Auction and Accepted Offer (as applicable).

10.3 The Agent is responsible for issuing the contract for purchase and sale of the Property to the Successful Bidder or Offeror as soon as practicable after closing of the Successful Auction or notification of the Accepted Offer (as applicable) in a format required by and otherwise in accordance with the applicable Auction and Sale Rules.

10.4 The Successful Bidder or Offeror must sign the contract for sale and purchase of the Property in a manner that complies with the applicable Auction and Sale Rules immediately after receipt of the contract (in the case of a Successful Auction) or otherwise as soon as practicable (in the case of an Accepted Offer).

10.5 The Successful Bidder or Offeror (as applicable) must pay the deposit for the purchase of the Property as directed by the Vendor or Agent via the payment method and means agreed with the Vendor or Agent. For the avoidance of doubt, Realtair Sell does not facilitate the payment of deposits in connection with the purchase of any Properties. Payment of deposits must be arranged directly between the Successful Bidder or Offeror (as applicable) and the Vendor or Agent.

10.6 Realtair Sell may provide functionality to assist the Successful Bidder, Offeror and Agent with issuing, signing and exchanging contracts for the purchase and sale of Property and other notifications, communications and documents in connection with the sale of the Property. The Successful Bidder, Offeror and Agent acknowledge and agree that:

(a) Realtair Sell merely provides a tool to assist with facilitating the issuing, signing and exchanging of contracts for the purchase and sale of Property and other notifications, communications and documents;

(b) We make no warranty, guarantee or representation, and the Successful Bidder, Offeror and Agent do not rely on any warranty, guarantee or representation from us, that the tools provided through Realtair Sell to assist with facilitating the issuing, signing and exchanging of contracts for the purchase and sale of Property and other notifications, communications and documents or that execution of contracts for the purchase and sale of Property and other documents via use of Realtair Sell will be compliant with, or ensure that the Successful Bidder, Offeror and Agent will comply with, all applicable Auction and Sale Rules; and

(c) they are each solely responsible for ensuring and satisfying themselves that their use of Realtair Sell to facilitate issuing, signing and exchanging contracts for the purchase and sale of Property and other notifications, communications and documents will be compliant with all applicable Auction and Sale Rules, including in respect of the form of execution of contracts for the purchase and sale of Property.

10.7 We do not facilitate any further communications, arrangements or dealings between the Successful Bidder, Offeror, Agent or Auctioneer after execution and exchange of the contract for the purchase and sale of the Property. All such further communications, arrangements or dealings must be made directly between the Successful Bidder, Offeror, Agent or Auctioneer without our involvement.

11. Definitions

11.1 In this Schedule, defined terms have the meaning given to them in the Product Terms of Use and as follows.

Agent means an individual, corporation, partnership or agency that accesses or uses Realtair Sell for the purposes of listing Properties and otherwise acting as or carrying on the business or activities of a real estate agent.

Agent Licence means any licence, certification, consent, authorisation, accreditation, approval or registration which a person is required to obtain and maintain by law, regulation or code (including applicable Auction and Sale Rules) in order to act as or otherwise carry on the business or activities of a real estate agent.

Auction has the same meaning in respect of a Property as set out in the Auction and Sale Rules that apply to that Property and otherwise means the sale of a Property, other than by private treaty, via a process whereby bids are submitted for the purchase of the Property and any bidder may be the purchaser of the Property, as facilitated or made available via Realtair Sell.

Auction and Sale Rules means all laws, regulations, conditions, codes and rules which apply to the advertisement for sale, offer to sell, offer to purchase, sale or purchase (whether by private treaty, Auction or otherwise) of a Property (including the conduct of the Auction) based on the location of the Property and in respect of which compliance is mandatory, as updated, modified, amended or replaced from time to time.

Auctioneer has the same meaning in respect of a Property as set out in the Auction and Sale Rules that apply to that Property and otherwise means the person (who may also be an Agent) that conducts the Auction of the Property.

Auctioneer Licence means any licence, certification, consent, authorisation, accreditation, approval or registration which a person is required to obtain and maintain by law, regulation or code (including applicable Auction and Sales Rules) in order to conduct an Auction or act as or otherwise carry on the business or activities of an Auctioneer.

Bidder means a person or entity that registers an Account for the purposes of bidding to purchase a Property at Auction via the use of the Live Auction or Timed Auction features of Realtair Sell, whether or not that person or entity subsequently submits a bid on any Property via the use of the Live Auction or Timed Auction features or any other part of Realtair Sell (and including any additional bidder registered by the primary bidder in respect of a particular Property). For the avoidance of doubt, “Bidder” includes a person or entity that bids to purchase a Property at Auction on behalf of or under the instructions of the Account holder as an authorised representative in accordance with applicable Auction and Sale Rules, as the context requires.

Buyer’s Agent means a Bidder and/or Offeror’s agent who is duly authorised to make an offer on a Property on behalf of the Bidder and/or Offeror.

Dummy Bid has the same meaning as given under applicable Auction and Sale Rules and otherwise includes any illegitimate or non-genuine bid to purchase a Property via Auction, including for the purposes of misleading other Bidders as to the level of interest in purchasing a Property or artificially inflating the purchase price of a Property.

Live Auction means the feature of Realtair Sell which streams live Auctions and permits you to conduct, follow and bid at Auctions (as applicable) in real time, as may be updated or varied from time to time.

Make an Offer means the feature of Realtair Sell which permits Offerors to submit to Agents offers to purchase Property and which permits Agents to accept such offers, in both cases subject to formal exchange of contracts for the purchase and sale of the Property, prior to or separately from an Auction of the Property, as may be updated or varied from time to time.

Offeror means a person or entity that registers an Account for the purposes of submitting an offer to purchase a Property via the use of the Make an Offer feature or Timed Sale feature of Realtair Sell, whether or not that person or entity subsequently submits an offer to purchase any Property via the use of the Make an Offer feature or Timed Sale feature or any other part of Realtair Sell.

Property means real property of any kind listed or advertised on the Website or via Realtair Sell.

Successful Bid means the legitimate bid above the reserve price accepted by the Vendor as at the close of the Auction.

Successful Bidder means the Bidder who submitted the Successful Bid or to whom the property is otherwise sold as at the close of the Auction.

Timed Auction means the feature of Realtair Sell referred to on the Website as “Timed Auction” which provides for the timed Auction of a Property over a specified period of time as notified on the Website and which permits Bidders to submit bids to purchase the Property only during and up until expiry of that specified period of time, as may be updated or varied from time to time.

Timed Sale means the feature of Realtair Sell which during a limited time determined by the Agent permits Offerors to submit to Agents offers to purchase Property by private treaty; publishes such offers on Realtair Sell so that they are publicly available; and permits Agents or Vendors to accept offers, in all cases subject to formal exchange of contracts for the purchase and sale of the Property, as may be updated or varied from time to time.

Property means real property of any kind listed or advertised on the Website or via Realtair Sell.

Vendor means the owner and/or seller of a Property.

Website means the Realtair Sell website that has a home page currently accessible via URL http://buy.realtair.com (including all related web pages, sub-pages and URLs), any other website that may replace that website from time to time and any other application distribution platform (including mobile applications) through which Realtair Sell is provided or accessed.

Schedule 2 – Realtair Deposits

1. Application

This Schedule applies to the extent you have registered/and or subscribed to Realtair Sell and/or Realtair Deposits (as a standalone product) or have been given access to Realtair Deposits by a Third-party Subscriber of Realtair Sell and/or Realtair Deposits (as a standalone product).

2. Warranties

You warrant that

(a) you have the right to, or have otherwise obtained all licences, consents, authorisations and approvals and made all disclosures necessary for you to:

(i) deposit and transfer funds using Realtair Deposits;

(ii) to direct and authorise Realtair to collect, deposit, transfer and disburse funds via Realtair Deposits;

(iii) for Realtair to collect, deposit, transfer and disburse funds via Realtair Deposits; and

(b) the collection, deposit, transfer and disbursal of funds by you via Realtair Deposits or by Realtair in accordance with the directions and information provided by you will not place Realtair in breach of any laws or regulations or violate the rights of any person.

3. Accuracy

If funds are deposited, transferred or disbursed into an incorrect account or with or to an unintended recipient through Realtair Deposits due to incomplete, incorrect or inaccurate information or Customer Data provided by you, it is your sole responsibility to seek recovery of those funds and Realtair is under no obligation to assist with seeking recovery of those funds.

4. Payments

You acknowledge that Realtair engages a third-party payment service provider to facilitate the receipt, direct debit, tracking, transfer and disbursal of funds in connection with Realtair Deposits, including to facilitate direct debits and transfer of funds between you, the purchaser, Vendors and/or other Agents, and that Realtair may disclose Customer Data (including Personal Information) to the payment service provider for that purpose. Accordingly, you:

(a) consent to Realtair entering into an agreement with the payment service provider for the purpose of facilitating the receipt, direct debit, tracking, transfer and disbursal of funds in accordance with the requests or directions of the Customer;

(b) consent to Realtair disclosing to, transferring to and otherwise exchanging with the payment service provider all Customer Data (including Personal Information) as may be required in order to facilitate the receipt, direct debit, tracking, transfer and disbursal of funds in accordance your requests or directions or otherwise as may be required for the payment services provider’s software, systems, applications, products or services to be used with Realtair Deposits; and

(c) acknowledge and agree that the Customer Data may be subject to and collected, stored and used by the payment service provider in accordance with the payment service provider’s own separate privacy policy and terms of use.