Updated on 22/05/2019

This portal is powered by IRE Pty Ltd

Capitalised words and phrases are defined in the section of the document entitled "Definitions".

MMI means IRE Pty Ltd (ABN 66 158 167 590), trading as Move Me In, Queensland, Australia, contactable on legal@inspectrealestate.com.au.

The User means You or the entity that you are contracting for as authorised representative, contactable on the email and / or telephone number You register with MMI.

•                      You agree to the Terms by using the Interface. The User agrees not to use the Interface if the User does not agree to any clause in the Terms.

•                      The User agrees that clauses in the Terms will apply to the fullest extent that they are applicable, but that not all clauses apply to all Interfaces offered by MMI.

MMI grants the User a limited and revocable license to use the Interface and register an Account in accordance with the Terms if the User:

•                      agrees with the activity described in the Privacy Policy;

•                      complies with the Terms;

•                      provides true and accurate information in response to questions on the Interface;

•                      changes their status when applicable, and deactivates notifications from the Interface when they are no longer applicable;

•                      does not use the Interface unlawfully;

•                      uses the Interface only in the way that it is designed to be used.

MMI may immediately revoke the licence to use the Interface if the User breaches any of the conditions above.

·                      The User does not pay any fee to MMI for the supply of the Services.

·                      The User will be solely responsible for all amounts payable in relation to the connection and/or supply of the utility or other services including all standard connection fees and deposits required by various utility or other service providers.

·                      The User is solely responsible for any additional service fees that may be imposed by utility or other service providers for any after hours connections

·                      MMI, its associates, agents and contractors may receive a fee from a Provider of Services and such fee will not be rebated to the User.

·                      Any Authorised Party may receive a fee from MMI in connection with the provision of the Services.  

·                      MMI endeavours to be open and transparent and will disclose when possible the commission or fee it likely will receive. 

•                      Any Posted Content collected through the User's use of the Interface may be accessible to an Authorised Party.

•                      The User agrees and acknowledges that its Account may be prepopulated with information based on previous search results.

•                      How MMI collects, uses, discloses and handles the User’s Personal Information is set out in the Privacy Policy. The User acknowledges and accepts the terms and conditions of the Privacy Policy.

•                      By using the Interface, the User:

o     irrevocably authorises MMI to transmit any information submitted by the User to the Authorised Parties; and

o     revocably authorises the Authorised Parties to communicate with the User, in accordance with the Privacy Policy.

•                      The User agrees not do anything that will compromise MMI’s compliance with its Privacy Policy.

•                      MMI may amend the Privacy Policy at any time. The User should review the Privacy Policy periodically so that the User is updated on changes.

•                      The User acknowledges and agrees that any interaction with an individual or entity by way of the Interface is between the User and that individual or entity.  In no way will MMI or a third party be responsible for the interactions that occur between the Users and the individual or entity on the Interface.

•                      The Interface may contain hyperlinks, images, banners, information and advertising from third parties. The User consents to receiving this information as part of the User’s use of the Interface.

•                      In some circumstances, the User may be redirected to a Provider’s website in order to book or accept a Service. The User acknowledges that the website owner is solely responsible for the interactions which occur on the Provider’s website.

•                      MMI does not make any warranties about the standard, quality or accuracy of any advice, suggestions and information in relation to any services rendered or information provided by third parties on the Interface.

•                      The User agrees and acknowledges that MMI’s provision of the Interface does not constitute advice by MMI in relation to anything described on the Interface and it is your responsibility to assess and determine if a Service is appropriate for you.

•                      The User’s decision to accept any third party offer or information is entirely at the User’s own risk.

•                      In respect of Posted Content, the User warrants that it is not:

o     uploaded in breach of the intellectual property rights of any third party;

o     uploaded in breach of any law under the Privacy Act 1988 (Cth);

o     affected by any computer virus or malicious code;

o     connected with "spam" or the process of "spamming";

o     in breach of any other clause of the Terms;

o     false, defamatory, misleading or otherwise deceptive in any way;

o     financial, legal, medical or other professional advice;

o     adult material; or

o     material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation.

·                      The User agrees that any comments, reviews, ratings or opinions that the User expresses in Posted Content will be fair, accurate and genuinely held at the time of communication.

·                      The User agrees that any Posted Content it provides concerning a property or Service may be disclosed by MMI to the property manager of the relevant property or Provider of the Service. 

•                      By posting Posted Content, the User grants an irrevocable, transferrable, sub-licensable, perpetual, non-exclusive, royalty free, global licence to MMI to deal with the Posted Content for any purpose.

•                      MMI reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any Posted Content.

•                      All Content is to be used or relied on at the User’s own risk.

•                      MMI makes no warranty or representations as to the accuracy or any particular arrangement of the Content on the Interface. 

•                      The User agrees and acknowledges that there may be technical or administrative errors in the information on the Interface, including but not limited to errors with respect to product description, pricing and availability.

•                      MMI reserves the right to do any of the following, at its sole and absolute discretion, without notice:

o     change any price;

o     correct any errors in Content or on the Interface;

o     update the Interface; or

o     change or arrange the Interface or Content in any way.

•                      All title, ownership rights and intellectual property, including copyright, in the Interface is owned or used under licence by MMI.

•                      If the User provides Feedback to MMI, the User transfers the ownership of all current and future intellectual property rights in the Feedback (and any resulting enhancements to the Interface) to MMI. The User agrees to do all things necessary to give effect to the foregoing assignment of intellectual property rights.

•                      The User may make whatever copies of the Interface are necessary for ordinary browsing.

•                      Without the express written permission of MMI, the User will not:

o     replicate all or part of the Interface in any way, including for private and domestic use;

o     incorporate all or part of the Interface in any other webpage, site, application or other digital or non-digital format;

o     recreate, decompile, reverse engineer or otherwise obtain the Interface; or

o     copy, alter, use or otherwise deal in MMI’s trade marks without the prior written consent of MMI.

•                      MMI may interrupt the provision of the Interface.

•                      The User acknowledges that:

o     interruptions as a result of third party suppliers to MMI are beyond the control of MMI and may occur without notice;

o     the Interface may occasionally be interrupted due to technical difficulties; and

o     MMI will use reasonable efforts to remedy interruptions to the Interface as soon as reasonably practicable.

•                      MMI facilitates commercial transactions between Providers and Users such as connections, disconnections or provision of Services but has no relationship at law with the transactions between the Providers and the Users.

•                      MMI will use its best reasonable endeavours to meet any estimated dates for connection, disconnection or completion of the Services.

•                      The User must provide the Authorised Party and their equipment, safe, suitable and unhindered access to the Premises to read and maintain the meters, allow the connection and disconnection of the nominated utilities and carry out other necessary testing and repairs. MMI may obtain the National Metering Identifier and/or the Meter Installation Reference Number for the Premises to obtain supply details.

•                      The User acknowledges that the utility and other services will be activated according to any applicable regulations relevant to Authorised Party.

•                      The User accepts the timeframes and terms of conditions of the Authorised Party.

•                      The User agrees to make a good faith effort to resolve conflicts between itself and any Provider without the intervention of MMI.

•                      In the event of a dispute with another user or third party connected with the Interface, the User agrees to work in good faith to resolve the dispute. The User agrees and acknowledges that any such dispute is to be resolved by users amongst themselves or with the relevant third party directly, without the involvement of MMI in any way whatsoever.

•                      If the User has a complaint in connection with the Interface for which the User considers that MMI is responsible for, the User must report its complaint to MMI.

•                      MMI will, using best efforts, contact the User within 24 hrs of receiving the complaint to discuss and attempt to resolve the complaint within 10 business days.

•                      In accordance with this section, and to the fullest extent available under the law, the User agrees not to bring any court or tribunal proceedings against MMI in respect of any complaint unless the User complies with the requirements of this clause (but subject always to any rights the User may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).

All limitations, exclusions and warranties in the Terms:

•                      are subject to Non Excludable Conditions to the extent of any inconsistency;

•                      apply to the fullest extent permissible by the law; and

•                      apply however the excluded, limited, or indemnified Costs are caused, whether they arise in contract, tort (including by MMI’s negligence), or under statute.

Implied Conditions

MMI excludes all implied guarantees, conditions and warranties from the Terms and the Interface, except any Non Excludable Condition.

Limitation of Liability

MMI excludes all other liability to the User for any Costs, including consequential loss, suffered or incurred directly or indirectly by the User in connection with the Terms or the Interface, including in connection with:

•                      use of Posted Content by an Authorised Parties;

•                      reliance on advice or opinions communicated in whatever form;

•                      any connections made with the Interface;

•                      interactions between the Users and Providers;

•                      interactions between the Users and third parties;

•                      incorrect information;

•                      any death or injury;

•                      any property damage;

•                      any act or omission connected with the Terms;

•                      breaches of the Terms;

•                      incorrect or corrupt Posted Content, lost Posted Content, or any inputs or outputs of the Interface;

•                      the termination of the Terms;

•                      any delay or failure in the delivery of Goods;

•                      the use of the Goods for a purpose it was not intended to be used;

•                      inaccessibility of the Interface for any reason;

•                      faulty or lost data associated with the Interface;

•                      any unauthorised activity in relation to the Interface; and

•                      digital security issues like software vulnerabilities and malware.

Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, MMI limits its liability for any breach to:

•                      in the case of Goods:

o     the re-supply of the Goods or payment of the cost of the re-supply of the Goods; or

o     the replacement or repair of the Goods or payment of the cost of replacement or repair of the Goods; and

•                      in the case of services:

o     the re-supply of the services affected by the breach; or

o     the payment of the cost of such re-supply of the services.

The User indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or the User’s use of the Interface, including any Costs arising directly or indirectly from:

•                      the User's breach of any privacy law;

•                      the User's breach of any law in connection with spam;

•                      the User's storing of any third party data on the Interface;

•                      the use of the Goods for a purpose it was not intended to be used;

•                      the User’s attempt to modify adapt or repair the Goods without the written authority of MMI;

•                      a third party pursuing a right conferred by privacy law;

•                      any legal action taken by a third party alleging intellectual property infringement by the User in connection with the Interface or Posted Content;

•                      the User's breach of the Terms;

•                      any negligent act of the User connected with the Interface or the Goods;

•                      third party reliance on the Interface under a contract with the User;

•                      the User's use of the Interface in connection with unlawful activity;

•                      any negligent or unlawful act or omission by the User in connection with the Interface;

•                      MMI’s or a third party’s reliance on a misleading representation made by a User; and

•                      a contract in force between the User and a third party connected with the Interface.

•                      This agreement is between MMI and the User only.

•                      MMI and not Apple is responsible for the Interface, and MMI is solely responsible for:

o     support and maintenance;

o     the investigation, defence, settlement and discharge of any claim that the authorised use of the Interface infringes third party intellectual property rights; and

o     any claim that the Interface fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

•                      Apple's liability to the User is limited to the refund of the purchase price of the Interface paid by the User. MMI will have no other liability to the User in relation to any other claims or liabilities with respect to the Interface.

•                      Apple is entitled to enforce the terms of the agreement against the User and the User agrees to submit to Apple's legitimate enforcement.

•                      The User's right to use the Interface is non-transferable and non-sublicensable, except to the extent that Apple permits family sharing or like sharing arrangements.

•                      If there is any inconsistency between the agreement and the application use rules set out in Apple's terms of service, Apple's terms of service will prevail to the extent of the inconsistency.

•                      If the User purchased the Interface from the Apple Store, the User may only use the Interface on Apple branded products in accordance with the usage rules of Apple.

•                      Apple may monitor the User's use of the Interface.

•                      If the User uses any third party service in the course of accessing or using the Interface, the User must comply with applicable third party terms and conditions.

•                 Any party may immediately terminate these Terms for any reason by giving the other party written notice.

•                 The written notice must clearly state which Interface the party wishes to terminate.  

•                 Where the Terms have been terminated, the User must immediately cease to use the Interface and delete it from the User’s devices.

•                 Termination of the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement arising under the Terms.

•                 Either party may serve any Communication on the other party by sending it to that party via any communication method including calls, emails and SMS.

•                 The User agrees and acknowledges that they may opt out from receiving communications, notifications and alerts (i.e. calls, emails and SMS) connected with the Interface from MMI.

•                 The user agrees and acknowledges that they may also receive communications from third parties represented on the Interface. Users may opt out from receiving communications with these third parties directly at anytime.

•                 A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee's domain specified in the email address.

•                 If the User chooses to unsubscribe from MMI’s mailing or SMS list, MMI will not have the ability to notify the User of changes to the Terms, and it will be the User’s responsibility to regularly check the Terms available on the Interface.

•                 MMI may change, update or amend these Terms at any time at its absolute discretion without notice.

•                 By continuing to use the Interface after an amendment to the Terms, the User agrees to be bound by the Terms as amended.

•                 If the User does not agree to the changes to the Terms, the User must cease using the Interface.

The laws of the state of Queensland govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.

•                 Assignment - MMI may assign, novate or otherwise transfer any of its rights or obligations under the Terms to a third party without notice to, or the prior consent of, the User, but if MMI requires, the User will sign any documents to give effect to an assignment, novation or transfer by MMI under this clause.

•                 Relationship - The relationship between MMI and the User under the Terms does not form a joint venture or partnership.

•                 Assurances - The parties agree to do everything required to give full effect to the Terms.

•                 Entire agreement - The Terms and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the Terms.

•                 Waiver - No right or obligation under the Terms will be waived unless the waiver is explicitly waived in writing.

•                 Severance - Any unenforceable or invalid term of the Terms will be severed to the extent of the unenforceability or invalidity without affecting any other provision in the Terms.

•                 Electronic - Any agreement arising from the Terms is part of an ecommerce transaction and the parties agree that the agreement shall be accepted electronically and the agreement formed and validly entered into electronically in accordance with the Electronic Transactions Act 1999 (Cth).

•                 Expenses - The parties will cover their own expenses in preparing the Terms documents.

•                 Commercial relationships - MMI has commercial relationships with Providers. MMI also has commercial relationships with comparison services such as Residential Connections Pty Ltd (ABN 63 612 925 434) and relies on their commercial energy retail partnerships to provide access on the Interface to certain energy retailers such as Origin Energy, AGL, Momentum Energy, Dodo and Tango Energy (this list is subject to change from time to time). While there may be other publicly available offers on the Providers’ own websites and not all products offered by each Provider is offered or compared by MMI, these commercial relationships, including the payment of remuneration, the type of remuneration paid, the basis on which commission is paid and the variance in commission per sale, do not affect the display of offers or results on the Interface.

Authorised Party - means:

•                      real estate agents;

•                      property managers;

•                      Providers;

•                      MMI;

•                      IRE

•                      and/or any other party listed in the Privacy Policy

Communication - means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.

Content - means all information, graphics, HTML, text, software and materials on or associated with the Interface.

Cost - means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.

Feedback - means any comments or suggestions submitted through the Interface by the User.

Indemnified - means MMI and its directors, employees, contractors and agents.

Interface - means an application published by “MMI” in either the Apple App Store or the Google Play Store and the application’s associated website or an MMI website which operates independently of a mobile device application. A reference to use of the Interface also refers to use of the Content.

Non Excludable Condition - means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Personal Information - has the meaning given to that term in the Privacy Act 1988 (Cth).

Posted Content - means any Content that the User uploads to the Interface, which in many cases includes Personal Information.

Privacy Policy - means MMI’s privacy policy available on the Interface.

Provider - means the service providers with whom MMI has integrated systems and are presented to the User on the Interface..

Service - means a service provided to a User by a Provider.

Terms - means the legally binding contract arising between the parties composed of the terms and conditions in this document.