(a) The Owner site is an online advertising medium that advertises properties and businesses for sale or rent where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale or rent privately.
(b) The terms set out in the following paragraphs apply generally to all users to the Owner site (including registered users and browsers of the Owner site). We recommend that you carefully read these terms before you use the Owner site.
Copyright in the content on the Owner site and in the Owner site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.
We are not an agency and are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale or rent. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the Owner site, the accuracy or truth of any advertising listings on the Owner site or the ability of sellers and buyers to actually enforce or complete a transaction.
1) If you place an advertisement (“ad”) on the Owner site you must also comply with the following rules;
a) Ads must not infringe third party intellectual property rights. Any alleged infringements of the intellectual property rights of a third party will result in the removal of the ad.
b) The item must be described accurately and honestly in the ad. Misrepresentation can include:
2) If we place an advert on the Owner site on your behalf we have done so on your specification and it is your responsibility to check the ad for accuracy in the description and other significant details.
3) To the extent that you are legally able to, you hereby assign all copyright in your ad to us.
4) You grant us and our related bodies corporate a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us.
5) SMPN 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.
6) For the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) and in all cases SMPN does not act on behalf of the seller in relation to a sale or lease and therefore will not conduct a preliminary physical inspection of the property.
7) You are the owner of the property that you are using the services of SMPN to list or if you are not the owner, you have legal permission (to the satisfaction of SMPN) to list the property on behalf of the owner. You may be required to provide signed Authority to List statement to SMPN to market the property and understand that your property will not be listed until SMPN is satisfied as to your relationship to the property and your compliance of all these terms. For clarification, we check that the registered owner is selling/leasing the property and has given SMPN the required authority to list the property. We may 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.
8) Vendors in the state of NSW and ACT are required to be in possession of a valid ‘Contract of Sale” prior to commencing the advertising campaign. If the property in question is in either the NSW or ACT you agree that you will only publish the property when are in procession of these documents.
Third party portals prohibit all agents from advertising owner’s personal details such as names, phone numbers and emails. As the result of this, no personal details will be advertised in the ads. All ads advertised on third party portals will have SMPN’s agency details.
We may withdraw or alter any material you provide us if:
(a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or
(b) we are instructed to do so by any third party.
Any property advertised for sale or for lease via the Website must be removed:
Within 48 hours after the property has been sold or leased (in this regard you agree to notify SMPN when the property is sold or leased).
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 leaser or the listing is being used once again to secure another tenant without payment for a new package is received.
We will inform you of the fees payable for your use of the services available on smpn.au site. These fees will be communicated to you through the website, via email, or other direct communication methods.
You are responsible for paying all fees associated with your use of the services provided by smpn.au. This includes fees for any additional services or third-party website packages you choose to use.
By using our services, you agree to pay the applicable fees as notified to you prior to purchase. These fees cover the cost of providing marketing and listing services through the SMPN platform and, where applicable, on third-party websites.
We do not refund fees unless we have a legal obligation to do so. We have no such obligation if:
(a) You change your mind after purchasing a marketing package;
(b) You no longer wish to proceed with the sale, lease, or advertising of your property; or
(c) You sell, rent, or otherwise dispose of the property independently or by other means.
(d) Our services commence on payment and us providing access to our tools, platforms, or third-party advertising.
However, you may be entitled to a refund or remedy in the event that our services fail to meet the consumer guarantees set out in the Australian Consumer Law (e.g. if the service was not delivered with due care or skill, or was not as described).
If you believe there has been a fault or issue with the delivery of our services, please contact us in writing so we can review your case in line with our legal obligations.
Additionally, if for any reason that is outside of the 'owners' control that causes the business and or website to be closed, then SMPN will do all within its powers to find a suitable business within the same private sellers space to transfer any current listings that have yet to be sold or withdrawn. This would be done at no cost to a purchase of any of our listing packages. However, if no such other suitable business could be found, you agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and loses as a result of the closure of SMPN Australia and or of the failure to have your property listing being displayed on the property portals like realestate.com.au.
We reserve the right to change our fees at any time. Any changes to the fees will be communicated to you in advance, and the new fees will apply to all services purchased after the notification period.
The prices of our advertising packages are valid for up to two (2) months from the date of purchase. Customers are required to activate their listing(s) within this two-month period. If a listing is not activated within this timeframe, and the cost of advertising has increased since the original purchase date, the customer will be liable to pay the difference between the original package price and the current package price at the time of activation.
SMPN reserves the right to adjust its pricing at any time. By proceeding with a listing activation after the two-month window, you acknowledge and accept responsibility for any additional charges incurred as a result of price changes.
We accept various payment methods, which will be indicated on our website. You are responsible for providing accurate and complete payment information and ensuring that your payment method is valid and up to date.
(a) We take all reasonable care in compiling our print and online advertising. However, the information in our publications and on the Owner site is provided ‘as is’ and we do not warrant or represent that it is complete, current or free from errors or omissions.
(b) We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the Owner site or in any of our print publications will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any property or business advertised on the Owner site or in any of our print publications. It is your responsibility to verify any information on the Owner site or in any of our print publications, or provided to you by other users of the Owner site before relying on it.
(c) We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the Owner site. However, availability of our services and access to the Owner site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the Owner site will be continuous, uninterrupted, timely, fault free, virus free or secure.
a) The terms that apply to our supply of the Owner site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
b) We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
(i) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the Owner site, including in relation to transactions entered into with other users of the Owner site;
(ii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
(iii) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
(iv) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
(v) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.
c) You release us and our related bodies corporate from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the Owner site.
You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.
(a) We may bar, suspend, terminate or limit your access to the Owner site at any time if you are in material breach of the Terms and:
(i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or
(ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the Owner site immediately by telling you).
(b) If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further ad under another account name or pseudonym. If we identify that this has taken place the ad will be immediately removed without further notice to you and you will forfeit all fees paid.
We may suspend, terminate or limit your access to the Owner site with as much warning as we reasonably can, if:
(a) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the Owner site (including credit risk resulting from you not paying any fees owed to us on time);
(b) the law requires us to do so;
(c) we believe on reasonable grounds that providing access to the Owner site to you is illegal or may become illegal;
(d) there is an emergency; or
(e) we have received a serious complaint or multiple complaints regarding your activity and/or membership.
(a) The Owner site may contain links to other websites which are not maintained or controlled by us or our related companies. These sites are not part of the Owner site. Any links are provided by us solely for your convenience.
(b) We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the Owner site and do so entirely at your own risk.
(c) We take no liability, make no representations or warranties whatsoever, for any person/business/company/robot who has accessed or copied any data or advertisements from our website for any other purpose.
1) SMPN Australia uses third party sites, like Realestate.com.au, to advertise properties for sale or rent and must adhere to the terms and conditions imposed by third party sites. By listing your property with SMPN site you accept the terms and conditions of all third party sites where you listing is advertised on.
2) Owner may be reliant on other websites (partner sites), for other packages made available to our customers. SMPN subscribes to and pays fee’s to be able to provide these services and may have individual agreements with our partner sites. SMPN take no liability if any changes, disruption or cancellation of any agreements or services provided by any of its partner sites occur. If in the event your advert is disrupted or enabled, any pre-paid fees from our customers to SMPN are non-refundable. You indemnify SMPN from any actions on your behalf should SMPN be unable to provide access or continued advertisements, to any of its partner sites at any stage.
3) If we place your advert on any third party or partner site, we have done so on your specification and it is your responsibility to check the ad for accuracy in the description and other significant details and report any discrepancies to us by email or in writing.
4) To the extent that you are legally able to, you hereby assign all copyright in your ad to us.
5) You grant us and our related bodies corporate a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us.
Nothing on the Owner site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
a) From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
b) We may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the Owner site and by posting a notice to users on our homepage stating that a change has occurred.
(a) We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.
(b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
(c) If we do not act in relation to a particular breach by you of the Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
(d) The Terms (and your dealings with us) are subject to the laws of Victoria, Australia.
(e) These Terms and Conditions were last modified on - September 2026
