Terms and Conditions

General

  • The realflowfinance.com.au website (“this website”) is owned by Real Flow Finance Pty Ltd, Real Flow Credit Fund Pty Ltd and Real Flow Distribution Pty Ltd (“Collectively Real Flow”). It is operated by Real Flow and other companies in the Real Flow Group.
  • Your access to this website is subject to these terms and conditions, the Real Flow Privacy, notices, disclaimers and any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as “Terms of use”). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.
  • Real Flow may, within 14 business days prior to notice, vary or modify these Terms of Use. Any subsequent access to or use by you of the website will constitute an acceptance of those modifications.
  • You agree that where Real Flow, or any other company in the Real Flow Group is required, by law or otherwise, to provide you with a document, you consent to the provision of that document electronically through the links on this website. We suggest that you print a copy of the document or file it electronically, for future reference.

Important Disclaimers

  • Real Flow or any other company in the Real Flow Group and any of their Directors, employees and associates do not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act and Trade Practices Act and
  • Should you leave this site via a link contained within this website, and view content that is not provided by a company in the Real Flow Group:
  1. you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by a company in the Real Flow Group. No company in the Real Flow Group is responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. No company in the Real Flow Group makes any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party.
  2. links to other websites are provided for convenience only and do not represent any endorsement by Real Flow of the products or services offered by the website owner.

Terms and Conditions

  • You, and/or an entity you represent, have agreed, separately with a real estate agent, to incur marketing and advertising expenses (Marketing Budget) in connection with the sale of the property. This agreement does not cover the costs of real estate agency commission or other costs associated with the sale of the property. The real estate agent is responsible for booking and delivering the advertising products and all other services relating to the sale of the property.

Pay Upfront

  • If you choose to pay the Marketing Total upfront, you will be eligible to pay the Marketing Budget amount. To be eligible to pay the total, you will need to pay in full by the Campaign Start date. The Total we receive from you will initially be held in our trust account for your benefit and you authorize us to draw on that money to pay any amounts due to the real estate agent and / or suppliers in respect of the Advertising Total.

Our Obligations and liabilities

  • You acknowledge that we do not have any control over, and are not responsible for the advertising products and services relating to the sale of the property (including the booking and delivery of, or failure to book or deliver, the advertising products and services) and you should raise any issues or claims in the regard with the real estate agent.
  • To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of other suppliers products and services.
  • We are not liable for any actions omission, negligence or breach of any contract or law of any external company (including the real estate agent) or any loss that you may suffer, or any claim that you may have or bring against an external company (including the real estate agent), in respect of products or services provided by that company or otherwise.
  • The real estate agent is responsible for remitting to you any credits or discounts provided by external companies for advertising related to the sale of the property including refunds for advertising that is cancelled by you or the real estate agent.
  • You are liable to pay us the Total, irrespective of whether you receive, or are entitled to receive any credits or discounts from the real estate agent.
  • The real estate agent is solely liable in the event of an advertising error or any other failure or defect in relation to the advertising products and services relating to the sale of the property or any other claims you may have in connection to any actions, omission, negligence or breach of any contract or law of the real estate agent or other external entity.
  • If you are a consumer as defined under the Competition and Consumer Act 2010, and for the purposes of Australian Consumer Law, we are required to make certain guarantees regarding the services (including guaranteed as to the acceptable quality, fitness for purpose, due care and skill) and we make those guarantees to the extent we are required by law to do so. If these guarantees are not required to be made, we do not make them. Where the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for failure to comply with a consumer guarantee is hereby limited, at our option, to the supply of the services again or the payment of the cost of having the services supplied again.
  • You identify us against any loss or claim we may suffer due to your material breach of this contract, your negligence in relation to this contract, or otherwise due to your acts or omissions, with our recourse to such indemnity to be limited to the amount which we would otherwise be able to recover at general law for your breach of contract or negligence in respect of this contract

Communications and Statements

  • Notices and statements under this contract must be sent in writing including electronic form via email or SMS, unless stated otherwise. A notice or statement sent under this contract is taken to have been received by you or by us (as relevant):
  1. On the date it is handed to the party, left at the party’s premises (in your case) or one of our offices (in our case) or notice of it being published on the Vendor Portal is successfully emailed to the party (which occurs when the sender received confirmation of delivery); or
  2. On the date 2 business days after it is posted.
  3. Our contact details for you to contact us or send us a notice are as set out in communication to you, or as notified to you from time to time.

 

  • The laws of the state or territory of Australia in which the property is located, govern this contract and you agree to submit to the jurisdiction of the courts and tribunals of that state or territory and the laws in force for the time being in that state or territory. For avoidance of doubt, business day means a day other that a Saturday, a Sunday or a public holiday. Property means the Property Address set out in the web app. Marketing budget means the Marketing Budget set out in the web app.

Acceptance

  • I confirm that I have read and accepted these terms and conditions. I also agree to the following
  1. Contact you via any phone number or address that you provide to the real estate agent in relation to the sale of the property; and
  2. Provide any notices by electronic communication. The electronic communication methods we will use are web app campaignflow.com.au , email and SMS. You must provide us with a valid email address so that we can communicate with
  3. You and you must inform us immediately if you email address changes by emailing info@campaignflow.com.au
  4. You acknowledge that you are personally liable for performing the obligations set out in this contract and for paying all monies due, whether or not you are the owner of the property (and including where the property is owned by a company, corporate Trustee, Trust, Superannuation Fund or any other entity).
  5. You agree to be bound by these terms and conditions and, if there is more that one of you, you agree to be bound both separately on your own and jointly with each of you;
  6. If there is more than one of you, we may elect to enter into this contract with only one, some or all of you.