Terms & Conditions

These terms and conditions outline the rules and regulations for the use of FSBOHQ's Website, located at https://www.fsbohq.com.au.

Purpose of the Platform
This website is an online advertising platform designed exclusively for private individuals to advertise the sale of residential property that they personally own within Australia. The platform does not support rental listings, commercial property listings, or agency-based property marketing.

fsbohq Non Affiliation Disclaimer

References to the term ‘FSBO’ or ‘For Sale by Owner’ on this website refer strictly to the generic industry acronym. Fsbohq is an independent platform and does not claim any affiliation with, or endorsement by, any pre-existing businesses operating under similar descriptive trade names.

No Involvement in Property Transactions

FSBOHQ is an online advertising platform only. We do not act as a real estate agent, broker, intermediary or representative of any user. We are not involved in any negotiations, offers, agreements or transactions between users and prospective buyers, and we do not participate in or facilitate the sale of any property. We may undertake verification checks in relation to property ownership or listing information, however such checks are limited in nature and we do not guarantee the accuracy, completeness or reliability of any information on the Platform. Any transaction entered into is solely between the seller and the buyer, and FSBOHQ has no responsibility or liability in connection with such transactions.

No Reliance

Users must not rely on any listing or information on the Platform including any information that may have been subject to verification or review by us as a substitute for making their own independent enquiries. You are responsible for verifying all information relating to a property, including ownership, condition, and suitability, before making any decision or entering into any transaction. FSBOHQ does not provide legal, financial, real estate or other professional advice. Any information or tools provided on the Platform are for general informational purposes only and should not be relied upon as advice. You should obtain independent professional advice before making any decisions in relation to a property.

Eligibility and Permitted Use
By accessing or using this website, you confirm that: (a) you are a private individual;
(b) you are the legal owner (or authorised co-owner) of the residential property being advertised; and
(c) you are acting solely in your personal capacity and not in connection with any business or commercial real estate activity. Use of this website is limited to personal, non-commercial purposes consistent with advertising your own residential property for sale.

Prohibited Use by Real Estate Industry Participants

This website must not be used by any real estate agent, agency, broker, property manager, buyer’s agent, developer, or any other person or entity engaged in the business of marketing, selling, or facilitating the sale of residential property in Australia (“Real Estate Industry Participant”), whether licensed or unlicensed, and whether acting directly or indirectly. For the avoidance of doubt, this prohibition extends to any person acting on behalf of a Real Estate Industry Participant, including contractors, marketing agencies, lead generators, offshore assistants, or other intermediaries.

Without limitation, Real Estate Industry Participants must not: (a) create accounts or property listings on behalf of property owners; (b) contact, solicit, or attempt to obtain business from users of the platform; (c) access, monitor, collect, scrape, or use any data, listings, or user information for commercial or competitive purposes; (d) misrepresent themselves as private sellers or otherwise conceal their commercial capacity; (e) use third parties, contractors, automated tools, or other indirect means to access or use the platform; or (f) reproduce, republish, distribute, or link to any content from this website for use in real estate services or related activities.

This prohibition applies to all forms of access, including via third-party links, referrals, integrations, or intermediaries.

No Circumvention

You must not attempt to bypass, evade, or undermine any restrictions in these Terms, including by using false identities, proxy services, third parties, or other mechanisms to gain unauthorised access or use.

Verification and Enforcement

We reserve the right to: (a) request proof of identity and property ownership; (b) investigate suspected breaches of these Terms; (c) remove listings or content without notice; (d) suspend or permanently terminate accounts; (e) take legal action and seek recovery of any losses, damages, or costs (including legal costs on a full indemnity basis) incurred as a result of a breach.

User Obligations

Independence: You act as an independent individual. You are not an employee, agent, or partner of FSBOHQ. Listings must relate only to residential property owned by the "subscriber" creating the listing. Proof of ownership will be required. Content Moderation: FSBOHQ reserves the right to review, modify, or reject any submitted information that breaches this agreement, is misleading, or could harm the site, visitors or FSBOHQ's reputation.

User Warranty
By using this website, you represent and warrant that you are not a Real Estate Industry Participant and are not acting on behalf of, or for the benefit of one.

Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

User Content and Licence

Ownership of Content

You retain ownership of all text, photographs, images, videos and other content you upload or submit to the Platform ("User Content").

Licence to Us

By uploading or submitting any User Content to the Platform, you grant us (FSBOHQ) a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, copy, modify, adapt, publish, communicate, display and distribute that User Content for the purposes of: (a) advertising and promoting your property listing;
(b) operating, improving and marketing the Platform; and (c) promoting the Platform and listings (including via third-party websites, social media, and digital advertising channels).

Duration of Licence

This licence continues for as long as your listing is active on the Platform and for a reasonable period thereafter for marketing, archival, or evidentiary purposes.

User Warranties

You warrant and represent that: (a) you own the User Content or have all necessary rights, licences and consents to grant the licence above; (b) the use of the User Content by us will not infringe the intellectual property, privacy or other rights of any third party; and (c) any person identifiable in photographs has consented to the use of their image.

Moral Rights Consent

To the extent permitted by law, you consent to us using, modifying or adapting the User Content without attribution and without infringing any moral rights you may have under the Copyright Act 1968 (Cth).

Removal of Content

We may remove or modify User Content at our discretion, including where we reasonably believe it breaches these Terms or any applicable law.

No Obligation to Use

We are not obliged to use or display any User Content and may edit, refuse or remove any listing at any time.

I confirm that I am a private residential property owner listing my own property for sale. I am not a real estate agent, agency, or industry participant, and I am not acting on behalf of or for the benefit of any such person or entity. I agree not to use this platform for any commercial real estate purpose, including soliciting property owners or collecting listing data.

Indemnity

You agree to indemnify, defend and hold harmless FSBOHQ Hub, its directors, officers, employees and contractors from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

(a) any User Content you upload, post or submit to the Platform, including any allegation that such content infringes the intellectual property rights, moral rights, privacy rights or other rights of any third party; (b) any breach of these Terms by you; (c) any misleading, deceptive or inaccurate information provided in your property listing, including any breach of the Australian Consumer Law; (d) your use of the Platform or any listing you create; (e) any dispute between you and any third party (including buyers, photographers or other service providers) relating to your property listing.

This indemnity continues after these Terms have ended.

Accuracy of Listings and Platform Liability

User Liability for Listings

You are solely responsible for the accuracy, completeness and legality of your property listing and User Content. You must review your listing carefully before publication and promptly notify us of any errors.

No Liability for Errors

To the maximum extent permitted by law, we are not liable for any loss or damage arising from: (a) any errors, omissions or inaccuracies in a listing, including those arising from formatting, editing or technical processes; (b) any delay, interruption or failure in publishing or displaying a listing; or (c) any unauthorised access to or alteration of User Content.

Limitation of Liability

To the extent that liability cannot be excluded, our liability is limited (at our option) to: (a) the re-supply of the listing services; or (b) the cost of re-supplying the listing services.

User Acknowledgement
You acknowledge that: (a) you have had the opportunity to review and approve your listing; and (b) you remain responsible for ensuring all information is accurate and not misleading, including under the Australian Consumer Law.

Cookies

This website uses cookies to help personalize your online experience. By accessing FSBOHQ, you agree to the use of required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

Intellectual Property

License: Unless otherwise stated, FSBOHQ and/or its licensors own the intellectual property rights for all material on FSBOHQ. All intellectual property rights are reserved. You may access this from FSBOHQ for your own personal use subjected to restrictions set in these terms and conditions.

You must not: Copy or republish material from FSBOHQ; Sell, rent, or sub-license material from FSBOHQ;

Reproduce, duplicate or copy material from FSBOHQ; Redistribute content from FSBOHQ; This Agreement shall begin on the date hereof.

All content, logos, graphics, and the brand name ‘fsbohq’ are the intellectual property of our business. Unauthorised use of the specific name ‘fsbohq’ or deceptively similar variations is strictly prohibited. No use of FSBOHQ's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us by using the contact page on this website. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

We ensure the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Your acceptance of these Terms and Conditions appears on the Subscription Form, in the form of a forced check box, and must be agreed upon prior to subscription approval.

Changes to these Terms and Conditions

We may update these Terms and Conditions from time to time. The updated version will be published on our website with the effective date.