Introduction

• Welcome to roomr. We operate a web-based platform designed to connect Users with licensed real estate agents or agencies (collectively, “Agents”) to support property buying, selling or leasing decisions. 
• roomr acts as a referral and information service. 
• These Terms and Conditions (“Terms”), govern Your use of the roomr website and web application (collectively, the “Platform”). By using our Platform, You agree to be bound by these Terms and our Privacy Policy. If You do not agree, You must not access or use the Platform.

Definitions:

In these terms and conditions, the following terms have the meanings set out below: 

• ‍Agents means real estate agents, including any of their related entities, affiliates, joint venture, partners, employees, contractors, or representatives. ‍
• Buyer means individuals who are in the process of, or considering, purchasing a property. This includes those seeking information, exploring Agent options, or actively engaging with the Platform to support their property purchase journey. ‍
• Connection means the process of roomr putting You in touch with an Agent. This may happen by sharing Your information with an agent (with Your permission), or by giving You the details to contact them Yourself.  
• Privacy Policy means the Privacy Policy published by roomr at https://www.roomr.com.au/privacy-policy, which explains how we collect, use, disclose, manage and protect Your personal information.‍
• roomr, We, Our or Us means roomr and the services We provide through Our website and web-based application.‍
• Sellers means those persons in the process of, or considering, selling or renting a property. ‍
• Successful outcome means when an agent is introduced to You through roomr through the website or application, including property market insights, agent comparisons, and the option to connect with agents.‍
• Terms means these Terms and Conditions, which sets out the rules and conditions for Your use of the roomr website, application and services.‍
• Users, You or Your means all individuals who use the roomr Platform, including homeowners, buyers, sellers or other parties interested in real estate.

Our Service and Fees

• roomr’s core purpose is to connect Users with licensed real estate Agents who can assist with their property needs. We do this by collecting information from you and about you (such as details about your property and your plans) to identify and provide options for Agents who may suit your requirements.
• When you choose to connect with an agent through Our Platform, and that Agent successfully assists you with your property transaction, We may receive a fee or commission from the Agent. This is how roomr makes money and enables us to offer our services to you at no charge.
• In addition to facilitating Connections, We provide information about Agents, neighbourhoods and the property market to support your decision-making. If you are not yet ready to sell or connect with an agent, We will continue to provide guidance, updates and other relevant information. When you decide to reach out to an agent, We may facilitate that Connection directly by putting you in touch with the agent, or indirectly by providing you with the information, tools and options to contact them yourself.
• There is no charge to Users for accessing and using the Platform to connect with Agents.

Service Disclaimer

• roomr makes reasonable efforts to display accurate and up-to-date information, including details about Agents, properties, neighbourhoods and market conditions, as provided by registered Agents and other third parties; however, We do not warrant or guarantee the accuracy, completeness, timeliness or reliability of this information. 
• The appearance of any Agent, property, or other content on Our Platform does not constitute an endorsement, recommendation or guarantee by roomr. We expressly disclaim any such endorsement. 
• roomr does not provide professional real estate, legal, financial, or other advice. Any information available through our Platform is for general guidance only and should not be relied upon as a substitute for independent professional advice. 
• We do not guarantee that Our Platform will be uninterrupted, error-free, or free from viruses or harmful code. At times, the Platform may be temporarily unavailable due to maintenance, technical issues or other causes beyond Our control.
• roomr is not responsible for the conduct, representations or actions of any Agents or other Users you may interact with through the Platform. Any agreements you enter into with third parties are solely between you and those parties. 
• Your use of our Platform and reliance on any information is entirely at your own risk. 

Registration

• To access roomr’s services, you must register an account. Registration is free and requires you to provide accurate and complete information, including your contact details and property information. 
• By registering, you confirm that you have read and accepted our Privacy Policy and these Terms. A link to these Terms may be made available before you register, so you can make an informed decision about using our Platform.
• We may take steps to verify your registration details to maintain the quality and integrity of our Platform. This may include contacting you via phone, SMS or email to confirm the accuracy of the information you provided. By sharing your contact number, you consent to receiving communications from us, including calls and electronic messages, which may occur on weekends. 
• Calls may be recorded for quality assurance and training purposes. You will be notified at the beginning of any recorded call. If you advise us that you do not consent to call recording, We will respect your request. 
• You can cancel your registration at any time by contacting us at customersupport@roomr.com.au. 
• You may choose to stop receiving non-essential marketing or promotional communications from us at any time by clicking the “unsubscribe” link in our emails. If the unsubscribe function is unavailable or not working as expected, you can contact us directly at privacy@roomr.com.au to request removal from our contact list.

User Responsibilities and Account Security 

• You are solely responsible for maintaining the confidentiality and security of your login credentials, including your username, password, and any other authentication information associated with your account. You are also responsible for all activities under your account, whether or not authorised by you. If you suspect that your account has been accessed without your permission, you must notify Us immediately. Such notification does not relieve you of your obligations under these Terms. 
• We are not liable for any loss or damage arising from unauthorised use of your account or password, whether or not you had knowledge of such use. You acknowledge that internet transmissions are not entirely secure or private, and any information transmitted through Our Platform may be intercepted by third parties. You are responsible for ensuring your own devices are secured with appropriate, up-to-date security software. 
• We reserved the right to suspend or disable any login credentials, whether created by you or assigned by roomr, at our sole discretion and without prior notice, where We consider that there has been a breach of these Terms.
• You are responsible for ensuring that your access to and use of Our Platform complies with all applicable laws and is not unlawful or prohibited in your jurisdiction.

Acceptable Use

• You agree to use Our Platform and services solely for their intended purposes and in accordance with all applicable laws, these Terms, and any policies We may publish from time to time.
• You must not: 
  
  • submit false, misleading, or incomplete information, whether during registration or in connection with a property;
  • impersonate any person or misrepresent your affiliation with any individual or organisation;
  • upload, post or transmit any content that you do not have the legal right to use, or that infringes on any third-party rights, including intellectual property or privacy rights; 
  • use the website to distribute unsolicited promotional content or spam; 
  • Interfere with or disrupt the operation of our Platform, including by introducing malicious code, attempting to bypass security features, or using automated tools (such as bots or scrapers) without Our prior written consent; 
  • attempt to access restricted areas or data not intended for you; and
  • engage in any conduct that may harm other Users, damage Our reputation or compromise the integrity or operation of Our platform.
• Agents are not permitted to register as sellers or submit listings unless they have obtained Our prior written consent. Any Agent who attempts to register or interact with the platform as a seller without explicit consent will be in breach of these terms. Where this occurs, we may, at Our sole discretion:
  
  • immediately suspend or terminate access to the website and any related services; 
  • remove or disable any listings or content submitted; 
  • prevent further use of the platform by the Agent and any associated accounts; and 
  • take any additional action, including legal proceedings, necessary to protect the integrity of Our Platform and enforce these Terms. 
• We also reserve the right to inform affected Users or third parties of such breach where it is appropriate to do so, particularly where misrepresentation, unauthorised contact or other misuse has occurred. 

Relationship of Real Estate Agents, Sellers and Buyers 

• The roomr Platform may be used by Agents and other Users. Where an Agent intends to register on the website, they must agree to and comply with Our separate Agent Terms and Conditions, which require, at minimum, that Agent holds a valid licence issued by the appropriate regulatory authority. 
• Our website acts as a passive conduit, allowing users to access real estate-related information, including content submitted directly by Agents. We do not claim to list all real estate professionals in the market.
• Accordingly: 
  
  • Any relationship between real estate agencies, Agents, Sellers, Buyers or other Users of the website exists solely between those parties. roomr is not a party to those relationships and is not responsible for any advice, content, information or representations provided. You remain solely responsible for any decision to engage with those parties or rely on information accessed via the Platform. 
  • All real estate advice, services and suggestions are provided by the relevant agency or Agent, and any opinions expressed are theirs alone and not those of roomr. 
  • The availability of any agency or Agent is not guaranteed and remains subject to their own capacity. 
  • We make no warranties as to the standard, accuracy or reliability of any advice, suggestions or other information provided through the website, including, but not limited to, commission structures, Agent suitability, credentials, qualifications or experience. You should exercise appropriate caution and make independent enquiries before relying on such information. 
  • Real estate agencies, Agents and sellers are not employees, representatives or agents of roomr. We are not responsible for any of their acts or omissions. 
  • roomr is not responsible for enforcing any agreement entered into between you and a real estate agency, Agent or Seller. Any such agreement is solely your responsibility. 
  • Agent profiles on the Platform are created from information supplied by Agents themselves. roomr does not guarantee the reliability, accuracy, currency or completeness of this content. These profiles are not a substitute for professional advice, and you should seek your own independent advice before acting on such information. 
  • We reserve the right to remove or amend any content that we consider to be unlawful, false, misleading, defamatory, inappropriate, compromising to the integrity of the roomr website, or otherwise in breach of these Terms.

Intellectual Property 

• roomr retains all intellectual property rights in the roomr Platform. You are granted a limited, non-exclusive, non-transferrable licence to access and use the Platform for the sole purpose of viewing and accessing a single copy of the content available on or through Our Platform.
• All content on Our Platform, including but not limited to, text, images, graphics, branding, logos, icons, layout, software, data, and overall design, is owned by roomr or licensed to Us by third parties. This content is protected under Australian and international copyright, trade mark and other intellectual property laws.
• You must not reproduce, modify, publish, distribute, display or otherwise use any part of the content for commercial purposes, or in any way that infringes intellectual property rights. You must not remove or alter any copyright, trade mark or proprietary notices, or use the content in a manner that is misleading, unlawful or inconsistent with these terms. Use of content on any other website or platform is prohibited unless expressly agreed to by Us in writing. 
• roomr respects the intellectual property rights of others and expects Users, account holders and content partners to do the same. We reserve the right to terminate accounts and block access to our Platform of any users or account holders who are repeat infringers of copyright or other intellectual property rights. Such actions may be taken at Our sole discretion, with or without notice, and without liability to the affected User or account holder.
• These Terms do not confer on you any ownership rights or other rights in relation to Our Platform, except as set out in this clause.

Changes to the Service and Terms

• roomr reserves the right to modify, update or discontinue the roomr Platform in future, including adding or removing features or enhancements.
• These Terms may be amended by Us, with any amendments notified to you by publication on Our Platform. Any amended Terms will apply to your use of Our Platform from the time the changes are made.

Limitation of Liability

• To the extent permitted by law, roomr is not responsible for any loss or damage you may suffer in connection with your use of our Platform, whether in contract, tort (including negligence), statute or otherwise, is limited to a maximum of AUD $1,000. This includes, but is not limited to, loss of data, loss of income, loss of opportunity, or any indirect, incidental or consequential loss.
• If We are found to be liable to you and that liability cannot be excluded under law, Our total liability is limited to (at Our option): ‍
  
  • for goods: replacing the goods, supplying equivalent goods, repairing the goods or covering the cost of doing so; and‍
  • for services: supplying the services again, or covering the cost of doing so. 
• You acknowledge that any agreement you enter into with an Agent is solely between you and the agent. We are not a party to that agreement, and We are not liable for the agent’s conduct, services or outcomes.

Indemnity

• You agree to indemnity, defend and hold harmless roomr, including Our directors, employees and agents (“Personnel”) against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to: 
  
  • your use of Our Platform; 
  • any information or content you submit through Our services; or
  • your breach of these Terms.
• If a claim is made against Us as a result of your actions or omissions, We may take any steps We consider necessary to respond or manage the claim. In that case, you agree to cover Our reasonable costs incurred in doing so.

Force Majeure

• We are not responsible for any delay, suspension or failure to perform Our obligations under these terms if the cause is outside Our reasonable control. This includes, but is not limited to, acts of God, pandemics, acts of government, war, terrorism, power or internet outages, labour disputes or disruption caused by third parties or technology failures. 

Termination 

• ‍‍We may suspend or terminate your access to Our Platform and services at any time, without prior notice, if:
  
  • we reasonably believe you have breached these Terms (including the Acceptable Use requirements); 
  • You have submitted false, misleading or unverifiable information;
  • Your conduct poses a risk to Our brand, operations, or other Users;
  • We are unable to verify your identity or registration details following a request for confirmation; or
  • You engage in any unauthorised or unlawful use of our Platform.
• Where termination or restriction occurs, We may remove or disable your content and block further access to your account. We exclude all liability for any loss or inconvenience resulting from these actions.
• If you suspect a breach of these Terms by another User, you may report it to us at compliance@roomr.com.au. We take all reports seriously and will investigate as appropriate.

Cookies and Tracking

• We use cookies and similar technologies on Our Platform to help improve your experience and understand how individuals interact with our services. These technologies may collect information including, but not limited to, your IP address, browser type, pages visited and navigation patterns through the Platform.
• In most cases, this information does not personally identify you unless you voluntarily submit personal details to Us. You may choose to manage or disable cookies through your browser settings; however, doing so may impact the functionality or performance of our Platform.

Privacy and Data Collection

• roomr is committed to protecting your personal information and handling it in accordance with Our Privacy Policy. By using Our Platform, you acknowledge and agree to the terms of that policy. These Terms should be read together with our Privacy Policy, which is available here. 
• In the course of providing Our services, We will collect personal information directly from you and, in some cases, from other parties, including Agents. This information may include, but is not limited to, your name, email address, mobile number, date of birth and information relating to the property you are buying or selling (such as the address, features and photographs). In certain cases, such property information may constitute personal information where it is reasonably identifiable.
• If you upload any photographs to Our Platform, you warrant that you own, or have obtained, all necessary rights and permissions to do so, and that the upload does not infringe any intellectual property, privacy or other proprietary rights of any third party. You grant Us a non-exclusive, transferrable, royalty-free licence to store, use and disclose such photographs in connection with Our business activities, including as part of Our Platform and related services. 
• Whether personal or property information is collected from you directly or via third parties, you consent to Our use and disclosure of that information in accordance with Our Privacy Policy and these Terms. 

General

• ‍Governing Law and Jurisdiction: These terms and conditions are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or the roomr application.‍
• Amendments: We may change these Terms at any time by publishing updated Terms on Our website. Continued use of the platform constitutes your acceptance of the amended Terms.‍
• Survival clause: The provisions relating to confidentiality, intellectual property, indemnities and liabilities of limitations shall survive termination or expiry of this Agreement for a period of five (5) years. ‍
• No Waiver: roomr’s failure or delay in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy.‍
• Severability: If any provision of this Agreement is held invalid, unlawful, or unenforceable, that provision shall be severed without affecting the validity of the remainder of the Agreement.