End User Licence Agreement

1 The parties to this agreement

1.1 This Agreement is between you and Switch My House only, and not with Apple Inc. or its subsidiaries (“Apple”). Switch My House, not Apple, is solely responsible for the App and its content.

1.2 Apple is a third-party beneficiary of this Agreement. Upon your acceptance of this Agreement, Apple has the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

1.3 This Agreement operates alongside our Terms of Use and Privacy Policy, each of which is incorporated by reference. Where this Agreement and the Terms of Use conflict in relation to your licence to use the App, this Agreement prevails.

2 What the App does — and what it does not do

2.1 What the App is. Switch My House is a private, invitation-based network that allows verified homeowners to create a profile of their current home and their next-home requirements, discover other homeowners whose properties and timelines may align, express interest, and — where interest is mutual — communicate directly with each other.

2.2 What the App is NOT. You expressly acknowledge and agree that:

• Switch My House is not a licensed real estate agent and does not act as your agent, or as agent for any other user, in any transaction. We do not market, appraise, auction or sell property on your behalf;
• we do not provide legal, financial, taxation, mortgage broking, conveyancing, valuation, building, pest or investment advice, and nothing in the App constitutes such advice;
• any figures, estimates, savings calculators, valuations, price guides or match scores displayed in the App are general information only, are based on assumptions that may not apply to you, and must not be relied on as a substitute for independent professional advice;
• we are not a party to any negotiation, contract of sale, offer, settlement or other dealing between you and another user, and we do not guarantee that any match, conversation or negotiation will result in a transaction;
• we do not guarantee the accuracy, completeness, legality or currency of any listing, property description, timeline, photograph or statement provided by another user, nor the identity, ownership, solvency, capacity or good faith of any user; and
• you are solely responsible for conducting your own due diligence, obtaining your own independent legal, financial and property advice, and satisfying yourself as to any property or counterparty before entering into any binding commitment.

2.3 Verification is not a guarantee. We apply verification measures designed to confirm that members own the property they list. Verification is a risk-reduction measure only. It is not a warranty, endorsement, or guarantee of any user’s identity, title, authority, conduct, or of the accuracy of any information they provide.

2.4 Geographic scope. The App is offered progressively by region, commencing in Perth, Western Australia. Features and availability may differ by location and may change without notice.

3 Scope of licence

3.1 Subject to your compliance with this Agreement, Switch My House grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the App on any Apple-branded product that you own or control, as permitted by the Apple Media Services Terms and Conditions (the “Usage Rules”), solely for your own personal, non-commercial use.

3.2 This licence also governs any content, materials or services accessible from or purchased within the App, and any updates, upgrades or supplements provided by us that replace or supplement the App, unless such an upgrade is accompanied by a separate agreement.

3.3 You must not:

• distribute or make the App available over a network where it could be used by multiple devices at the same time, except as permitted by the Usage Rules;
• transfer, resell, rent, lease, redistribute or sublicense the App, or make it available to any third party;
• copy the App, except as permitted by this licence and the Usage Rules;
• reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, adapt, translate, or create derivative works of the App, any update, or any part of it — except and only to the extent that this restriction is prohibited by applicable law (including sections 47B–47F of the Copyright Act 1968 (Cth)), or to the extent permitted by the licensing terms governing any open-source components included in the App;
• remove, obscure or alter any proprietary notice, label or mark in the App;
• use any robot, spider, scraper, crawler or other automated means to access, monitor, copy or extract data from the App, or to create, download or compile any database or listing of users, properties or content;
• circumvent, disable or interfere with any security, verification, rate-limiting, geographic or access-control feature of the App;
• use the App or any data obtained from it for any commercial purpose, including prospecting, canvassing, lead generation, market research or the compilation of property or contact databases; or
• use the App in any way that breaches any applicable law, including the Competition and Consumer Act 2010 (Cth), the Real Estate and Business Agents Act 1978 (WA), the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), or any anti-discrimination or fair-trading legislation.

3.4 If you sell or transfer your Apple device, you must remove the App from that device before doing so.

3.5 Switch My House reserves all rights in and to the App not expressly granted to you under this Agreement.

4 Eligibility and your account

4.1 To use the App you must be at least 18 years of age, have full legal capacity to enter into binding contracts, and be resident in a region where the App is offered.

4.2 To list a property you must be the registered proprietor of that property, or hold the lawful written authority of every registered proprietor to list it and to negotiate in respect of it.

4.3 You must provide accurate, current and complete information when creating your account and listing, and keep it up to date. You must not create an account using a false identity, impersonate any person, or maintain more than one account without our written consent.

4.4 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@switchmyhouse.com.au if you suspect unauthorised access.

4.5 Licensed real estate agents, sales representatives, buyer’s agents and other property professionals must not use the App in a professional or representative capacity without our prior written agreement.

5 Your content and privacy within the App

5.1 Your content. You retain ownership of the photographs, property information, descriptions, messages and other material you submit to the App (“Your Content”).

5.2 Licence to us. You grant Switch My House a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt (for formatting and display purposes), publish within the network, and transmit Your Content solely for the purposes of operating, improving, securing and promoting the App and providing the services described in this Agreement. This licence continues for as long as Your Content remains on the platform and for a reasonable period afterwards for backup, legal and record-keeping purposes.

5.3 Your warranties. You warrant that Your Content is accurate and not misleading, that you own it or have all necessary rights to submit it, and that it does not infringe any third party’s intellectual property, privacy or other rights.

5.4 Disclosure on mutual interest. You acknowledge that where both you and another user express interest, certain information you have chosen to share — which may include your identity, property address and contact details — will be disclosed to that user so that a direct conversation can begin. This disclosure cannot be reversed. You are responsible for deciding what information you include in your profile and listing.

5.5 Other users’ information. Information you receive about another user through the App is provided for the sole purpose of evaluating and negotiating a potential property switch. You must not disclose it to third parties, add it to any marketing list, use it to contact that person for any unrelated purpose, or retain it after it ceases to be needed for that purpose.

5.6 Moderation. We may, but are not obliged to, review, screen, edit, refuse, remove or restrict access to any content at any time, including content we consider inaccurate, misleading, unlawful, offensive, or in breach of this Agreement.

5.7 Our collection, use, storage and disclosure of personal information is described in our Privacy Policy, which forms part of this Agreement.

6 Prohibited conduct

You must not, and must not permit any other person to:

• list a property you do not own or have no authority to list, or list a property you have no genuine intention of switching;
• make any false, misleading or deceptive statement about a property, your timeline, your finances, your identity or your intentions;
• harass, abuse, stalk, threaten, defame, discriminate against or intimidate any person;
• send unsolicited commercial messages, spam, chain messages, or solicit users for products, services, investments or causes;
• attempt to circumvent, avoid or defeat the Success Fee described in clause 8, including by concealing that a transaction arose from a Switch My House introduction;
• upload any virus, malware, or harmful code, or attempt to gain unauthorised access to the App, our systems, or any other user’s account;
• use the App to facilitate money laundering, fraud, or any other unlawful activity; or
• do anything that damages, disables, overburdens or impairs the App or interferes with any other user’s use of it.

7 Third-party and external services

7.1 The App may enable access to services, content and websites operated by us or by third parties (“External Services”), including mapping, property data, identity verification, messaging, analytics and payment services.

7.2 You use External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and are not liable for them. Data displayed by the App or any External Service — including property, valuation, financial and location information — is for general informational purposes only and is not guaranteed by us or our agents.

7.3 You must not use External Services in a manner inconsistent with this Agreement, in a way that infringes the intellectual property rights of any person, or to harass, abuse, stalk, threaten or defame any person. We are not responsible for any such use.

7.4 External Services may not be available in all languages or locations and may not be appropriate for use in any particular location. Where you choose to use them, you are solely responsible for compliance with any applicable laws.

7.5 We may change, suspend, remove, disable or impose access restrictions or limits on any External Service at any time without notice or liability to you.

7.6 Service and referral partners. We may introduce you to independent third-party professionals (including mortgage brokers, settlement agents, conveyancers, inspectors and agents). Those partners are independent, operate under their own terms and professional obligations, and are not our agents. An introduction is not an endorsement or a guarantee of quality or pricing, and we may receive a referral fee, which we will disclose where required by law. Partner arrangements are governed by section 8 of our Terms of Use.

8 Fees, subscriptions and payment

8.1 Free membership. Creating a profile, browsing, matching, expressing interest and messaging on mutual interest are provided at no charge.

8.2 Switch Premium. Switch Premium is an optional auto-renewing subscription offering additional visibility and tools. Current pricing is A$49 per month (inclusive of GST unless otherwise stated). Where you purchase Switch Premium through the App:

• payment is charged to your Apple ID account at confirmation of purchase;
• the subscription automatically renews for successive one-month periods unless auto-renew is turned off at least 24 hours before the end of the current period;
• your account is charged for renewal within 24 hours prior to the end of the current period, at the then-current price;
• you can manage or cancel your subscription, and turn off auto-renewal, in your Apple ID Account Settings after purchase. Deleting the App does not cancel your subscription;
• any unused portion of a free trial period (if offered) is forfeited when you purchase a subscription;
• subscription fees are payable whether or not you are matched during the billing period; and
• refunds for purchases made through the App Store are handled by Apple in accordance with the Apple Media Services Terms and Conditions. We cannot process refunds for App Store purchases.

8.3 Success Fee. A one-off success fee of A$2,500 plus GST is payable to Switch My House where you find and proceed to acquire a home through a match, introduction or connection made via the App. The Success Fee:

• is charged outside the App and is not an in-app purchase or Apple transaction;
• becomes payable on the terms set out in our Terms of Use and any separate services agreement between you and us; and
• is not collected, processed, guaranteed or refundable by Apple, which has no responsibility for it whatsoever.

8.4 Price changes. We may change our fees on reasonable notice. Changes to subscription pricing take effect from your next renewal period, and you may cancel before that renewal if you do not agree.

8.5 All amounts are in Australian dollars unless stated otherwise.

9 Intellectual property

9.1 The App, and all software, source code, designs, interfaces, matching algorithms, text, graphics, logos, trade marks and other materials in it (excluding Your Content), are owned by or licensed to Switch My House and are protected by Australian and international intellectual property laws.

9.2 “Switch My House”, the Switch logo and related marks are trade marks of Switch My House Australia Pty Ltd. You may not use them without our prior written consent.

9.3 Feedback. If you provide suggestions, ideas or feedback about the App, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use and exploit that feedback for any purpose without obligation or compensation to you.

10 Maintenance and support

10.1 Switch My House is solely responsible for providing any maintenance and support services in respect of the App, as specified in this Agreement or as required under applicable law. Support enquiries should be directed to info@switchmyhouse.com.au.

10.2 Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App.

10.3 We may update, modify, suspend or discontinue the App or any feature of it at any time. Some updates may be required for continued use. We do not warrant that the App will remain compatible with any particular device or operating system version.

11 Consent to use of data

You agree that Switch My House may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. Our handling of personal information is governed by our Privacy Policy and the Privacy Act 1988 (Cth).

12 Australian Consumer Law

12.1 Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law where to do so would be unlawful (“Non-Excludable Rights”).

12.2 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

12.3 Clauses 13 and 14 apply only to the extent permitted by law and are subject to clause 12.1. Where our liability for breach of a Non-Excludable Right can be limited (but not excluded), our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

13 Warranty and disclaimer

13.1 Subject to clause 12, you expressly acknowledge and agree that use of the App is at your sole risk. To the maximum extent permitted by applicable law, the App and any services performed or provided through it are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind, and Switch My House disclaims all warranties and conditions with respect to the App and any services, whether express, implied or statutory, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.

13.2 We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that defects will be corrected, or that you will find a match, a buyer, a seller, or a home.

13.3 No oral or written information or advice given by Switch My House or an authorised representative creates a warranty.

13.4 Apple warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Switch My House’s sole responsibility.

13.5 Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you.

14 Limitation of liability

14.1 Subject to clause 12, and to the extent not prohibited by law, in no event will Switch My House be liable for personal injury or for any incidental, special, indirect or consequential damages whatsoever, including without limitation damages for loss of profits, loss of opportunity, loss of data, business interruption, loss of a property or transaction, additional financing, bridging, holding or moving costs, or any other commercial damages or losses, arising out of or related to your use of or inability to use the App, however caused, regardless of the theory of liability (contract, tort, statute or otherwise) and even if we have been advised of the possibility of such damages.

14.2 Without limiting clause 14.1, and subject to clause 12, we are not liable for any loss or damage arising from:

• the acts, omissions, statements, conduct, solvency or default of any other user;
• any contract, negotiation, offer or transaction between you and another user, or the failure of any such transaction to proceed or settle;
• reliance on any listing, valuation, estimate, calculator output, match score or other information in the App;
• any decision you make to sell, buy, retain or finance a property; or
• any unauthorised access to, or disclosure of, information you have chosen to share with another user.

14.3 Subject to clause 12, our total aggregate liability to you for all claims arising out of or in connection with this Agreement or the App is limited to the greater of (a) the total amount you paid to Switch My House in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) five hundred Australian dollars (A$500). The foregoing limitations apply even if the stated remedy fails of its essential purpose.

14.4 The cap in clause 14.3 does not apply to (a) liability we cannot lawfully limit, including under the Australian Consumer Law; or (b) liability arising from our fraud or wilful misconduct.

14.5 Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

15 Indemnity

To the extent permitted by law, you indemnify Switch My House and its officers, employees, contractors and agents against any claim, loss, liability, cost or expense (including reasonable legal costs) arising out of or in connection with: (a) your breach of this Agreement; (b) Your Content; (c) your misuse of another user’s personal information; (d) any dispute between you and another user; or (e) your breach of any applicable law. This indemnity is reduced proportionally to the extent our negligence contributed to the loss.

16 Product claims

16.1 Switch My House, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the App’s use of any framework for the collection of health, fitness or location data.

16.2 This Agreement does not limit Switch My House’s liability to you beyond what is permitted by applicable law.

17 Intellectual property claims by third parties

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Switch My House, not Apple, is solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

18 Legal compliance and export

18.1 You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

18.2 You may not use, export or re-export the App except as authorised by Australian law, United States law, and the laws of the jurisdiction in which the App was obtained. You agree not to use the App for any purpose prohibited by those laws, including the development, design, manufacture or production of nuclear, missile, chemical or biological weapons.

18.3 You also represent and warrant that you comply with all applicable Australian sanctions laws administered under the Autonomous Sanctions Act 2011 (Cth) and the Charter of the United Nations Act 1945 (Cth).

19 U.S. Government end users

The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

20 Termination

20.1 This Agreement is effective until terminated by you or by us.

20.2 You may terminate at any time by ceasing all use of the App, deleting it from your devices, and closing your account. Closing your account does not automatically cancel an auto-renewing subscription — you must cancel that through your Apple ID Account Settings.

20.3 We may suspend or terminate your licence and your account immediately, with or without notice, if you breach this Agreement, if we reasonably suspect fraudulent, unlawful or harmful conduct, or if we cease to offer the App.

20.4 On termination, your rights under this Agreement cease immediately and you must stop using and delete the App. Clauses 2, 5.2, 5.5, 9, 12–19, 20.4 and 22 survive termination.

20.5 Termination does not affect any Success Fee that has accrued or becomes payable in respect of a match or introduction made before termination.

21 Changes to this agreement

We may update this Agreement from time to time. Where changes are material, we will give you reasonable notice — for example, by in-app notice or email — before they take effect. Your continued use of the App after the changes take effect constitutes acceptance. If you do not agree, you must stop using the App and may cancel any subscription.

22 Governing law and disputes

22.1 This Agreement is governed by the laws of Western Australia, Australia. You and Switch My House submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them.

22.2 If you are a consumer resident in a country whose mandatory local law gives you the benefit of the laws and courts of your usual place of residence, nothing in this clause deprives you of that benefit. In particular, if you are a citizen of any European Union country, or of Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

22.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

22.4 Before commencing proceedings, you agree to first contact us at info@switchmyhouse.com.au and attempt in good faith to resolve the dispute informally within 30 days. This clause does not prevent either party seeking urgent interlocutory relief.

23 General

23.1 Entire agreement. This Agreement, together with our Terms of Use and Privacy Policy, is the entire agreement between you and us in relation to the App and supersedes all prior representations and agreements.

23.2 Severability. If any provision is found to be invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in full force.

23.3 No waiver. Our failure to enforce any provision is not a waiver of that provision.

23.4 Assignment. You may not assign or transfer your rights under this Agreement. We may assign this Agreement in connection with a merger, acquisition or sale of assets, on notice to you.

23.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

23.6 Contact. Questions, complaints or claims regarding the App should be directed to: