Terms of Use

1. Acceptance of Terms

Welcome to the Fusion Realty website. By accessing or using our website at www.fusionrealty.com.au (the "Website") and our property management services (the "Services"), you agree to be bound by these Terms of Use ("Terms").

If you do not agree to these Terms, you must not access or use our Website or Services.

By using our Website or Services, you represent that:

• You are at least 18 years of age;
• You have the legal capacity to enter into a binding agreement;
• You will use our Website and Services only for lawful purposes and in accordance with these Terms; and
• All information you provide to us is accurate, complete, and current.

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2. Definitions

In these Terms, the following definitions apply:

• "Fusion Realty", "We", "Us", "Our" refers to Fusion Realty (ABN 19 117 047 275), a property management company operating in New South Wales, Australia.
• "You", "Your", "User" refers to any person who accesses or uses our Website or Services, including landlords, tenants, prospective tenants, service providers, and general visitors.
• "Website" refers to www.fusionrealty.com.au and all associated subdomains, web pages, and online platforms operated by Fusion Realty.
• "Services" refers to the property management services provided by Fusion Realty, including but not limited to property letting, tenant management, rent collection, property maintenance, and related services.
• "Portal" refers to the secure, login-protected areas of our Website that provide access to account information, property details, and management functions.
• "Content" refers to all text, images, photographs, graphics, videos, documents, data, and other materials available on or through our Website.

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3. Use of Website

3.1 Permitted Uses

You may use our Website for the following purposes:

• Viewing property listings and information;
• Searching for rental or sale properties;
• Submitting enquiries about properties or services;
• Submitting rental applications;
• Accessing your secure portal account (if applicable);
• Lodging maintenance requests (if you are a registered tenant or occupant);
• Obtaining general information about our services.

3.2 Prohibited Uses

You must not use our Website:

• In any way that violates any applicable Australian federal, state, or local law or regulation;
• To transmit or procure the sending of any advertising or promotional material without our prior written consent, including "spam" or similar solicitation;
• To impersonate or attempt to impersonate Fusion Realty, a Fusion Realty employee, another user, or any other person or entity;
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• To attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of our Website, server, or any database connected to our Website;
• To scrape, harvest, or collect user information without our consent;
• To reproduce, duplicate, copy, sell, or resell any part of our Website without our express written permission.

3.3 Website Availability

We do not guarantee that our Website will always be available or uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.

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4. Property Listings

4.1 Accuracy of Information

While we endeavour to ensure that all property information displayed on our Website is accurate and up-to-date, we cannot guarantee the accuracy, completeness, or reliability of any property listing. Property details, including but not limited to descriptions, photographs, floor plans, and dimensions, are provided for general information purposes only.

4.2 Availability

Properties displayed on our Website may no longer be available at the time of your enquiry. The presence of a property listing does not constitute an offer or guarantee that the property is available for rent, sale, or inspection.

4.3 Pricing

All prices displayed are indicative only and are subject to change without notice. Rental prices are typically displayed as weekly amounts in Australian dollars unless otherwise specified. We recommend confirming current pricing directly with our office.

4.4 Photographs and Visual Representations

Photographs and virtual tours are provided as a guide only and may not reflect the current condition of a property. Furniture, furnishings, and decorative items shown in photographs may not be included with the property unless expressly stated. We recommend inspecting any property in person before making any decisions.

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5. User Accounts

5.1 Account Creation

Certain areas of our Website, including landlord, tenant, and service provider portals, require you to register and create an account. When you create an account, you must provide accurate, current, and complete information.

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activities that occur under your account;
• Immediately notifying us of any unauthorised use of your account or any other breach of security;
• Ensuring that you log out from your account at the end of each session, especially when using a shared or public computer.

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

5.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account at any time and for any reason, including if we reasonably believe that:

• You have violated these Terms;
• You have provided false or misleading information;
• Your actions may cause legal liability for you, other users, or Fusion Realty;
• Your account has been inactive for an extended period.

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6. Intellectual Property

6.1 Ownership

All intellectual property rights in our Website and its Content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Fusion Realty or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

6.2 Trademarks

"Fusion Realty", our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fusion Realty. You must not use such marks without our prior written permission.

6.3 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Website for personal, non-commercial purposes only. This licence does not include:

• Any resale or commercial use of our Website or its Content;
• Any collection or use of property listings, descriptions, or photographs;
• Any derivative use of our Website or its Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

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7. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which forms part of these Terms.

By using our Website and Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

Our Privacy Policy explains:

• What personal information we collect;
• How we collect and use your information;
• When and to whom we may disclose your information;
• How we protect your information;
• Your rights regarding your personal information.

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8. Third-Party Links

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Fusion Realty. These links are provided for your convenience only.

We have no control over, and assume no responsibility for:

• The content, privacy policies, or practices of any third-party websites or services;
• Any products or services offered by third parties;
• The accuracy, completeness, or reliability of any information provided by third parties.

Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites. We encourage you to read the terms and privacy policies of any third-party website you visit.

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9. Limitation of Liability

9.1 Disclaimer of Warranties

To the maximum extent permitted by applicable law, our Website and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Limitation of Damages

To the maximum extent permitted by applicable law, Fusion Realty and its directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Any loss of profits, revenue, data, or business opportunities;
• Any damages arising from your use or inability to use our Website or Services;
• Any damages arising from unauthorised access to or use of our servers or any personal information stored therein;
• Any errors, mistakes, or inaccuracies in Content.

9.3 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection legislation that cannot be excluded, restricted, or modified by agreement ("Non-Excludable Rights").

If we are liable to you for a breach of a Non-Excludable Right, our liability is limited, at our option, to:

• In the case of services: resupplying the services or paying the cost of having the services resupplied; and
• In the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of these.

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10. Indemnification

You agree to indemnify, defend, and hold harmless Fusion Realty and its directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use or misuse of our Website or Services;
• Your violation of any law or the rights of any third party;
• Any information, content, or material you submit or transmit through our Website;
• Your negligent or wrongful conduct.

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11. Termination

We may terminate or suspend your access to our Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Website will immediately cease;
• If you have an account, it may be deactivated or deleted;
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts competent to hear appeals from those courts, for the resolution of any dispute arising out of or in connection with these Terms or your use of our Website or Services.

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13. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on our Website.

Your continued use of our Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

If you do not agree to the revised Terms, you must stop using our Website and Services immediately.

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14. Contact Information

If you have any questions, concerns, or feedback about these Terms, please contact us: