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Terms & Conditions updated 15/05/2025

The www.heartandhomeproperty.com.au website (referred to in these Terms & Conditions as the “Website“) is owned and operated by Trustee for Deep Blue Trust (“DBT”).


  1. The material on the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or and associated services you may access is copyright of DBT and/or other copyright owners.


  1. The Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or associated services is available for you to access conditional on your acceptance without alteration of these Terms & Conditions. By continuing to access the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or and associated services you are agreeing to these terms and our Privacy Policy.


  1. We reserve the right to change the Terms & Conditions at any time by publishing the new terms on the Website. Your use of the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or and associated services constitutes your acceptance of those terms. Should you object to any of our Terms & Conditions, your sole option is to immediately cease using the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or and associated services.


  1. All Charges are in Australian Dollars and are Inclusive of GST.


  1. Information on the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or and associated services may not be regarded as a substitute for professional legal, financial or real estate advice and we recommend that as purchaser or vendor of real estate or landlord or tenant, you should obtain professional advice before entering into any binding transaction.


  1. DBT reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.


  1. The Website contains links to sites on the Internet, owned and operated by third parties and which are not under the control of DBT. In relation to the other sites on the Internet, which are linked to the Website, DBT:
    1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by DBT of the linked site; and
    2. is not responsible for the material contained on those linked sites.


  1. DBT does not warrant guarantee or make any representation that:
    1. the Website, or the server that makes the site available on the Internet are free of software viruses;
    2. errors and defects in the Website will be corrected.


  1. DBT is not liable to you for:
    1. errors or omissions in the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or associated services, or linked sites on the Internet; or
    2. delays to, interruptions of or cessation of the associated services provided, or Website, or linked sites, whether caused through negligence of DBT, its employees, agents or independent contractors, or through any other cause. For example, our arrangement with third party websites on which your property is advertised may change which may make it impossible or unviable for us to continue advertising your property on those websites in which case we reserve the right to discontinue such advertising and you agree that you may have no claim against us in this regard.


  1. By making available any information (including all information and photos of your property being sold or leased) on or via the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or associated services “INFO”, you:
    1. grant us permission to use, reproduce, edit and publish property details as supplied to us by you;
    2. warrant that you have the right to grant the abovementioned permission; In this regard you will submit a rates notice or copy of title and a photo ID identifying you as the owner of the property being advertised/listed. If you are not the owner of that property you will need to explain to DBT satisfaction your relationship to that property.
    3. warrant that the INFO does not breach any laws; and
    4. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the INFO.
    5. Understand that the content of the advert including all wording and photos is listed under the DBT license and as such  DBT has the final say as to what content is displayed and how it will be displayed. We reserve the right to amend and change the advert without your approval or consent.


  1. We reserve the right (but have no obligation) to:
    1. review, modify, reformat, reject or remove any information which you post, transmit or otherwise make available (or attempt to post, transmit or otherwise make available) that, in our opinion, violates the Terms & Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. monitor use of the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel or and store or disclose any information that we collect, including in order to investigate compliance with the Terms & Conditions or for the purposes of any police investigation or governmental request.


  1. Any property advertised for sale or for lease via the Website must be removed:
    1. Within 48 hours after the property has been sold or leased ( In this regard you agree to notify DBT when the property is sold or leased).
    2. We don’t allow short-term (less than 3 months) “For Lease” adverts. If a tenant is found the advert must be removed. We reserve the right to remove any advert that suggests that the lease is a short-term lease.


  1. If any part of these Terms & Conditions is found to be void, unlawful, or unenforceable then that part will be severable from the balance of these Terms & Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.


  1. These Terms & Conditions will be governed by and interpreted in accordance with the law of the State of Queensland, Australia, without giving effect to any principles of conflicts of laws.


  1. Limitation of services. You hereby further acknowledge that:
    1. DBT assists you to conduct a private sale / private lease of your property by providing marketing services and does not act on behalf of you in relation to the sale or lease transaction unless officially engaged to do as per the Property Occupations Act 2014 & Residential Tenancies and Rooming Accommodation Act 2008. 
    2. For the purpose of the Property Occupations Act 2014 & Residential Tenancies and Rooming Accommodation Act 2008 and in all cases DBT does not act on behalf of the seller in relation to a private sale or lease and therefore will not conduct a preliminary physical inspection of the property.
    3. You are the owner of the property that you are using the services of DBT to list or if you are not the owner, you have legal permission (to the satisfaction of DBT) to list the property on behalf of the owner. Your property will not be listed until DBT is satisfied as to your relationship to the property and authority to sell/lease it exists. For clarification, we check that the registered owner is selling/leasing the property and has given DBT the required authority to list the property. We check the address of the property against the title and other online mapping services and will only list a property with the address and suburb as displayed on these documents. Once published, a listing cannot be changed to advertise a different property for sale or for lease.
    4. You may periodically need to confirm that your property is still available in order to keep your listing active. You agree to keep your contact details up-to-date so that we are able to contact you in this regard.


  1. DBT is not responsible for listings, information or any other listing data that may be published on other third-party websites (not included as a part of our service) such as onthehouse.com.au, oldlistings.com.au and alike. These websites are aggregator or historical data websites that scrape information from Real Estate portals such as realestate.com.au to provide their users with comparable sales data and other information. If you wish to have your property removed from these third-party websites, you must contact the website directly and ask them to have it removed.


  1. You agree to the jurisdiction of the courts of the State of Queensland, Australia, to determine any dispute arising out of your use of the Website, Heart & Home Property FaceBook page, Heart & Home Property YouTube Channel and/or these Terms & Conditions.