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Acceptable Use Policy (AUP) – realcommercial.com.au & Spacely
1. Introduction
1.1 This Acceptable Use Policy applies to your use of the realcommercial.com.au & Spacely Platforms to display commercial property listings for sale or for rent, and the realcommercial.com.au Agent Admin System to upload listings for commercial properties for sale and lease for display on the Platform (“Service”).
1.2 This Acceptable Use Policy forms part of your agreement with us for the Service.
1.3 We may change this Acceptable Use Policy for the Service from time to time as set out in the Customer Terms.
1.4 We reserve our rights to maintain the quality of content on realcommercial.com.au & Spacely by making such directions in relation to modifications of content that we consider reasonable in the circumstances. The rules in this Acceptable Use Policy are a list of our requirements. We may direct you to modify content provided that such direction is reasonable in the circumstances.
1.5 We may, acting reasonably and in good faith, interpret and apply the rules below in such manner that is appropriate having regard to our need to maintain the quality and integrity of our Platform.
2. Your Obligations
2.1 You must comply with the provisions of this Acceptable Use Policy.
2.2 You must:
(a) only use the Service for the purposes for which it was designed and offered (see clause 3); and
(b) not use the Service for any other purpose, including any purpose stated in this Acceptable Use Policy as being not acceptable (see clause 4).
2.3 You must use the Service in a responsible manner, taking into account the effects your use of the Service may have on other users of the Service and our Platform.
3. Acceptable Use
3.1 It is acceptable to use the Service for the bona fide listing of commercial property for sale or lease on behalf of the person entitled to offer the property for sale or lease and in accordance with the terms of this Acceptable Use Policy.
3.2 It is acceptable to list properties for which you have the appropriate agency agreement or authority to sell as required in your State or Territory.
4. What is not acceptable use?
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:
4.1.1 Listings other than real estate: Listing anything other than commercial property for sale or lease. For example: cars, finance offers and boats are not acceptable listings on our Platform. For the avoidance of doubt, a sale or lease listing on realcommercial.com.au must include an offer to buy or lease real property rights (for example, an offer to purchase freehold title, obtain leasehold interest in land, or buy or lease fixtures or structures upon land).
4.1.2 Business listings: Using the Service to advertise a business for sale rather than commercial property for sale or lease. Each listing uploaded by you must be a bona fide listing of commercial property for sale or lease (also see section 4.1.10 below).
4.1.3 Advertising your real estate agency or services: Using the Service to advertise your real estate agency business or services rather than commercial property for sale or lease. Each listing uploaded by you must be a bona fide listing of commercial property for sale or lease as described in section 4.1.1 (also see section 4.1.10 below).
4.1.4 Misuse of fields: Placing irrelevant information in an information, description or picture field. You must only use the information, description or picture fields for inserting information that is intended for those fields for the purpose of providing information about a commercial property (and not a business). For example, it is not acceptable to insert in the description header or property description information including the name or contact details of your real estate agency or information that is primarily for the purpose of advertising a business for sale (as determined by us in our sole discretion).
4.1.5 Watermarks in photos: Inserting an agency name in a property 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 dimensions no greater than 2% of the total image size.
4.1.6 Incorrect photos or pictures: Displaying a photograph, drawing or other image that is not a photograph, drawing or image of the property being offered for sale or lease or detracts from the property being offered for sale or lease. Displaying photos of properties other than the property for sale or lease is not acceptable. For example: ‘Too Early for Picture’, collages of images or images of cartoon houses are also not acceptable. Displaying photos of properties that include the agent is also not acceptable.
4.1.7 Text in photos or pictures: Displaying text within a photograph, drawing or other image that we consider detracts from the quality of the image.
4.1.8 Photo or image collages: Displaying a collage or combination of photos or other images within one frame.
4.1.9 False street and place names: Using street names, suburbs or location names that are inaccurate or not officially recognised by Geoscience Australia. For example: using a suburb or locality name that is not recognised by Geoscience Australia is not acceptable. If in doubt, search the database at Geoscience Australia to ensure that your suburb or locality name is officially recognised. Stating that a property is located within a neighbouring suburb is not acceptable. However, this does not prevent you from selecting additional neighbouring suburbs using the Extra Locations product.
4.1.10 Fake or dummy listings: Each listing uploaded by you must be a bona fide listing of commercial property for sale or lease. It is not acceptable to advertise a property that is a fake or dummy property.
4.1.11 Duplicate listing of properties: Creating more than one listing for the same property. For example: listing a single property more than once, but with different prices, is not acceptable. A genuine listing of multiple premises at the same address is not considered a duplicate listing of properties.
4.1.12 Refreshing listings: Removing and then re-listing the same property in order for the listing to appear as a new listing. This also applies where a property is removed from and then placed back on the market with a new authority to the same agent if the property has been off the market (and the active part of our Platform) for less than 60 days.
4.1.13 Listing of multiple dwellings at the same street address: List more than 5 basic listings for unique properties at the same street address. Using the same titles, images or descriptions for each of these listings is not acceptable. Using a showroom or generic photo without reference in the listing to the fact that the image is not that of the property advertised is not acceptable.
4.1.14 Animated logos and large files: Submitting animated “gif” files through the Service for display as a logo on our Platform. For example: submitting an animated logo for display is not acceptable. You also must ensure that the graphic file submitted by you for your logo is no larger than 4k in memory size.
4.1.15 Contact details in your logo: Submitting a logo for display on our Platform, where that logo contains your agency contact details (for example, your phone number).
4.1.16 Listing without authority: Listing a property that you have not been authorised to market for sale or lease. This means that you should not list a property using the Service until you have an authority signed by the owner or vendor (such as an Agency Agreement or Authority to Sell – as required in your State or Territory). If a property is listed with multiple real estate agents, it is not acceptable to list the property or change the status of the property without authority from the primary agent.
4.1.17 Impersonating other persons: Using the Service in way that is impersonating another person or persons.
4.1.18 Reselling the Service or its contents: Reselling the Service or its contents to any other person. If you are listing a property you must be representing the vendor in the sale or lease of that property.
4.1.19 Allowing others to use the Service: Using the Service to advertise properties for sale or lease for a real estate office in your real estate group that is not subscribed to the Service. Each Real Estate Agency’s physical office location must be subscribed to the Service in order to upload property listings. Each property uploaded to the site must be uploaded using the subscription applicable to the office which has the vendor or owner authority.
4.1.20 Listing where you are not licensed: Using the Service to advertise properties for sale or lease in a State or Territory in which you do not hold a current real estate agent’s licence, unless you have been pre-approved by us as an exempt co-working space provider in the Lease Section or an exempt developer customer.
4.1.21 References to third parties: Publishing advertisements with the Service that contain a reference to a third party (for example, the vendor). Advertisements must only refer a viewer to a licensed real estate agent in your real estate group who has a current subscription to this Service.
4.1.22 Misleading or deceptive conduct: Using the Service or providing any content in a way that does or is likely to mislead and deceive the public users of our Platform. This is the case regardless of what content is considered misleading or deceptive. For example, it is unacceptable to state that a property “must be sold this weekend” if that is not the case.
4.1.23 Failure to move or remove sold or leased properties: Failing to, within 72 hours of a sale or leasing contract being entered into for a property, mark that property as “under contract”, transfer the property to the sold database, or remove that property from our Platform. Where a property is transferred to our sold database, the date entered as the “sale date” must be the date that the contract of sale was signed. For the purposes of this Acceptable Use Policy, we will regard a property as being “sold” or “leased” and require it to be moved to the sold database 72 hours following any of the following events:
a) it has been sold at auction; or
b) it has been sold by private treaty and the contract of sale entered into in respect of the property is unconditional; or
c) 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
d) it has been marked “under offer” or “under contract” on our Platform for longer than two months; or
e) 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;
For the avoidance of any doubt, you will be deemed to have breached this clause 4.1.23 if the property is not moved to the sold section within 72 hours of any event in clauses (a) to (e) occurring.
4.1.24 Sold by another agent: Changing the status of a property to sold for display on our Platform 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.
4.1.25 Rules for Video Content: Each Video must advertise a property for sale or lease and focus predominantly on the property. You must not use Video to advertise yourself or your agency, except that you may include a transparent watermark of your agency logo in one corner of the Video with dimensions no greater than 10% of the total image size (i.e. 80 pixels by 60 pixels).
Images and sounds in Videos must relate to the property being offered for sale or lease. Displaying a ‘lifestyle’ image or commenting on lifestyle features is acceptable (eg a view from the property or an image of some local environmental or structural feature or amenity) provided the property remains the principal focus of the Video.
You must not use the Video Functionality in a way that is likely to mislead or deceive users of realcommercial.com.au.
You must adhere to the technical requirements for embedded property videos communicated to you from time to time.
Advertisements must not appear alongside your Videos.
You must not use the Video Functionality for any unlawful, illegal, malicious or improper purpose. For example it is not acceptable to display images or include commentary that:
a) may defame or discredit another person or business;
b) may disclose private, personal or confidential information;
c) might be considered obscene, offensive, menacing or abusive;
d) might infringe the intellectual property rights of others; or
e) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
The general Acceptable Use rules apply to images and sounds in Videos, including without limitation sections 4.1.28 and 5 below.
4.1.26 Extra Locations (or Multi-Location): Using the Extra Locations product to list a property in additional locations that are not reasonably proximate to the actual location of the property, as determined by us in our sole discretion.
4.1.27 Failing to verify the authenticity of listings: Allowing listings to be uploaded to our Platform 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, as well as an agency authority with the owner of the property.
4.1.28 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, in your use of the Service, to display material that:
a) may defame or discredit any person or business;
b) may disclose private, personal or confidential information;
c) might be considered obscene, offensive, menacing or abusive;
d) might infringe the intellectual property rights of others; or
e) may violate any law, regulation, standard, content requirements or code made by any relevant authority or industry body.
4.1.29 Circumventing Spacely processes: Encouraging another party to use Spacely in a way that is inconsistent with the purpose of the platform or circumvents an existing Spacely process or feature (as reasonably determined by us).
4.1.30 Editing old listings for new sale or lease campaigns. We will treat the following as new listings under the terms and pricing of your current subscription.
a) listings which have been edited from promoting one property or allotment to promote a different property or allotment;
b) listings which are moved into the Buy Section or Lease Section from the Sold Section or Leased Section; or
c) listings which are moved into the Buy Section or Lease Section after being off market for more than 60 days.
5. Breaching this Policy
5.1 If you use the Service in way that breaches this Acceptable Use Policy, you are in breach of your Agreement with us for your use of the Service.
5.2 Breaching this Acceptable Use Policy may result in us taking action to remedy the breach. This might include: terminating or suspending your subscription; deleting a specific listing, not permitting the listing to be uploaded to the site in the first place or any other action that we are permitted to take under our Agreement with you and according to law.
5.3 For the avoidance of doubt, if we give you notice of a breach or breaches of this Acceptable Use Policy, we may require you to remedy those breaches AND otherwise become wholly compliant with this Acceptable Use Policy within the period specified in the notice. We will ensure that any notice period is reasonable having regard to the nature of the breach, the impact on consumers, the need to maintain the integrity of our Platform and the anticipated time required to remedy the breach.
5.4 We reserve our rights to take suspension or termination action where:
a) you are in material breach of any requirement of this Acceptable Use Policy; or
b) you are in breach of any requirement of this Acceptable Use Policy and fail to remedy that breach within the period specified in such a notice.
5.5 Where we suspend or delete listings or listings are prevented from being uploaded due to a breach or attempted breach by you of this Acceptable Use Policy, you will remain liable for your contractual obligations until the date of termination or expiration of your agreement with us.
5.6 You may immediately terminate your agreement with us if we exercise our right to suspend or temporarily remove your listings for a period of 30 days or more.
Last updated: November 2023