Terms of Use

1.Purpose of the Platform

Switch My House is a technology platform designed to facilitate introductions, connections, and potential property matches between homeowners and other users seeking to move, buy, or sell property.

Switch My House is not a real estate agent, settlement agent, mortgage broker, legal adviser, financial adviser, property valuer, or building inspector, and does not provide any of those services unless expressly stated otherwise. Any property transaction that follows a match is conducted directly between the relevant parties and their chosen professional advisers.

The homeowner section of the Platform is designed to facilitate homeowner-to-homeowner matching opportunities. It is not intended to operate as a lead generation, prospecting, or listing acquisition platform for real estate or other professionals.

2.Eligibility

Age and capacity

You must be at least 18 years of age and have the legal capacity to enter into binding contracts. By creating an account or using the Platform, you confirm both.

Persons under guardianship or with diminished capacity

If you act under a power of attorney, guardianship order, or similar arrangement, you must tell us and provide the relevant documentation before transacting on the Platform.

Personal and corporate users

You may use the Platform for yourself or on behalf of a legal entity. If you act on behalf of an entity, you confirm you have authority to bind it, and "you" in these Terms includes both you personally and that entity.

Property authority

You must own, or have legal authority to act on behalf of the owner of, any property you list or represent on the Platform.

Accurate information

You agree to provide true, current, and complete information during registration and when using the Platform. If we reasonably suspect your information is inaccurate, incomplete, or fraudulent, we may suspend or close your account in accordance with Section 12.

3.Account Registration and Security

Creating an account

You may create a Switch My House account using your email address and a secure password, or via a supported social login provider. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.

One account per person

Do not create multiple accounts for the same person without our permission, and do not share your account with others. Co-owners of a property who each wish to participate in the Platform should each create their own account.

Account security

Notify us immediately at info@switchmyhouse.com.au if you become aware of, or suspect, any unauthorised access to or use of your account. To the extent permitted by law, we are not responsible for losses caused by your failure to keep your credentials secure.

Accurate registration details

You agree to keep your registered contact details current. If your details are out of date, you may miss important communications regarding your listings or matches.

4.Property Listings

Users are solely responsible for the accuracy, completeness, and legality of all information submitted to the Platform in connection with a property listing.

Switch My House does not independently verify:

• Ownership of a property or a user's authority to list it.
• Property condition, structural integrity, or fitness for any purpose.
• Property value or valuation.
• Legal title, encumbrances, caveats, or restrictions.
• Planning, zoning, heritage, or environmental status.
• Any other representation made about a property.

All users, and in particular buyers and those exploring a match, should undertake their own due diligence and seek independent professional advice before entering into any negotiations, agreements, or transactions.

Your content licence

You retain ownership of content you submit to the Platform (including property descriptions, photographs, and documents). You grant Switch My House a worldwide, royalty-free, non-exclusive licence to use, reproduce, format, and display that content for the purpose of operating, promoting, and improving the Services. This licence ends when you remove the content or close your account, except that we may retain backup copies for a limited period and retain records as required by law.

By submitting content, you confirm you have the right to do so and that the content does not infringe any third-party rights (including intellectual property rights) or any applicable law.

5.Matching Service

The Platform provides introduction and matching functionality only. A match generated by the Platform does not:

• Constitute or imply a binding agreement between any parties.
• Guarantee that a property transaction will proceed or be completed.
• Guarantee financing approval or any particular financing outcome.
• Guarantee that settlement will occur.
• Constitute a warranty as to the suitability of a property or purchaser.

All decisions relating to whether to proceed with a transaction, what professional advice to obtain, and what terms to agree remain the sole responsibility of the users involved.

6.User Conduct

General conduct

All users agree to:

• Act honestly and in good faith in all interactions on the Platform.
• Provide accurate and complete information.
• Communicate respectfully with other users and Platform personnel.
• Refrain from misleading, deceptive, or fraudulent conduct.
• Comply with all applicable laws and regulations.

Users must not:

• Harass, threaten, intimidate, or abuse any other user or person.
• Impersonate any other person or misrepresent their identity or authority.
• Upload, submit, or distribute false, misleading, or defamatory information about a property or any person.
• Use the Platform for any fraudulent, deceptive, or illegal purpose.
• Circumvent or interfere with the security, integrity, or operation of the Platform (including by hacking, introducing malware, or conducting unauthorised data scraping).
• Upload content that infringes third-party rights (including intellectual property rights).
• Engage in unauthorised commercial solicitation of other users.

Professional conduct and anti-solicitation

The homeowner section of the Platform is designed exclusively for homeowners exploring moving opportunities, not for unsolicited sales approaches. Protecting the homeowner experience is fundamental to the Platform.

Real estate agents, buyers' agents, mortgage brokers, settlement agents, conveyancers, property professionals, and other service providers must not use homeowner accounts to:

• Prospect for property listings or sales mandates.
• Generate sales leads or solicit clients.
• Advertise their services to homeowners.
• Contact homeowners for commercial purposes.
• Harvest user information.
• Circumvent the Platform's referral and partner engagement processes.

Any user found to be using the Platform primarily as a lead generation, prospecting, or listing acquisition tool may have their account suspended or permanently removed without prior notice. Switch My House reserves the right to investigate suspected misuse and take any action it considers necessary to protect homeowners, users, and the integrity of the Platform.

Switch My House intends to introduce dedicated products and services for real estate agents and industry professionals in the future. Until such services are launched, professionals may only engage with the Platform through a formally approved partner arrangement.

7.Premium Services and Subscription Fees

Certain features of the Platform may require payment of subscription fees or other charges. Current pricing is published at switchmyhouse.com.au and confirmed before you commit. Pricing may change from time to time; the price applicable to you is the price confirmed at the time of your subscription or purchase.

Users agree that:

• Fees are payable in advance, as described in the applicable service terms.
• Subscription fees are non-refundable except where required by the Australian Consumer Law or other applicable law.
• Pricing may change with reasonable prior notice.
• Failure to pay fees when due may result in suspension or termination of access to premium features.
• Cancellation of a subscription takes effect at the end of the current billing period unless otherwise stated.

We issue receipts and tax invoices in accordance with Australian taxation law. Nothing in this section limits your rights under the consumer guarantees in the Australian Consumer Law.

8.Service Partners and Referral Partners

Partner network

Switch My House may introduce users to independent third-party service providers, including mortgage brokers, settlement agents, conveyancers, real estate agents, buyers' agents, building and pest inspectors, and other professionals relevant to a property transaction. These are independent licensed professionals operating under their own terms and professional obligations.

Screening and onboarding

Switch My House undertakes a screening and onboarding process for referral partners before granting them access to the Platform. This may include verification of licences, qualifications, professional memberships, and other relevant credentials. While we make reasonable efforts to assess partner suitability, we do not guarantee the quality, performance, conduct, or advice of any partner.

No endorsement

Referral or introduction to a partner is not a guarantee of that partner's quality or pricing, and does not constitute an endorsement or recommendation by Switch My House. We may receive a referral fee or other commercial benefit from a partner, which we will disclose where required by law.

Partner liability

To the extent permitted by law (including the consumer guarantees in the Australian Consumer Law), Switch My House is not responsible for services provided by independent third-party partners. Switch My House is not a party to any agreement entered into between a user and a referral partner. Disputes about partner services should be raised directly with the relevant partner. If you experience a problem with a partner introduced through us, please let us know. We take feedback seriously and will consider our partner arrangements accordingly.

Sharing information with partners

If you choose to use a partner service, you consent to Switch My House sharing the personal information reasonably necessary to fulfil your request, as described in our Privacy Policy.

Referral programme

Switch My House may operate a referral programme from time to time, allowing individuals to refer prospective users and earn a reward on a successful outcome. Specific programme terms, eligibility requirements, and reward details are published on the Platform. Key principles include:

• Self-referrals (using the same email or phone number) are not permitted.
• Referral rewards are earned only on successful outcomes as defined in the programme terms.
• Each lead is attributed to one referral partner only, based on first valid referral.

Participation does not create an employment, agency, partnership, or joint-venture relationship with Switch My House.

Referral partners must not hold themselves out as acting for Switch My House or make representations about our services beyond what is publicly available.

Switch My House may modify or discontinue the referral programme on reasonable notice.

Referral rewards may be assessable income; you are responsible for your own tax obligations.

9.Intellectual Property

Our content

The Platform, including its software, text, images, logos, branding, designs, functionality, and compilations of data, is owned by or licensed to Switch My House. We grant you a limited, non-exclusive, non-transferable licence to use the Platform for your own property matching and transaction purposes in accordance with these Terms. You may not copy, modify, distribute, reverse engineer, commercially exploit, or create derivative works from our content without our prior written consent.

Trade marks

"Switch My House" and our logos are our trade marks. Other trade marks on the Platform belong to their respective owners.

Your feedback

If you provide suggestions, ideas, or feedback about the Platform, we may use them without any obligation to you, including without payment or attribution.

10.Privacy

Your personal information is collected, used, and disclosed in accordance with the Switch My House Privacy Policy (available at switchmyhouse.com.au). By using the Platform, you consent to such collection, use, and disclosure as described in that Policy.

To request access to, or deletion of, personal information we hold about you, email info@switchmyhouse.com.au from your registered email address. We will verify your identity and respond within the timeframes required by applicable law.

11.Disclaimers and Limitations of Liability

This section sets out important limits on our liability. Nothing in this section excludes, restricts, or modifies any consumer guarantee or other right you have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded. Where consumer guarantees apply, your rights under those guarantees prevail to the extent of any inconsistency with these Terms.

Platform availability

The Platform is provided on an "as is" and "as available" basis. We aim to maintain Platform reliability but do not guarantee it will be uninterrupted, error-free, or free from viruses or other harmful components.

No professional advice

Switch My House is not a law firm, financial planner, tax adviser, real estate agent, or property valuer. Information on the Platform, including any market analysis, matching output, or template documents, is general information only, not professional advice. For matters outside the scope of our matching service, obtain your own independent professional advice.

Listing accuracy

Property listings are user-generated. All users should independently verify important details (dimensions, fixtures, title, zoning, condition) through their own inspections and inquiries before relying on any listing.

Third-party data

The Platform may display data sourced from third parties (such as mapping services, school catchment information, or market statistics). We do not control such data and do not guarantee its accuracy or currency.

Indirect loss

To the extent permitted by law, neither party is liable to the other for any indirect, special, consequential, or exemplary loss arising from or in connection with the Services, including loss of profit, loss of opportunity, loss of data, or loss of business.

Cap on direct liability

To the extent permitted by law, Switch My House's total aggregate liability to you for all claims arising out of or relating to the Services or these Terms is limited to the greater of: (a) the fees you paid to Switch My House in the 12 months immediately before the claim arose; or (b) AUD $500. This cap does not apply to: (i) liability we cannot lawfully limit (including the consumer guarantees in the Australian Consumer Law); or (ii) liability arising from our fraud or wilful misconduct.

No liability for other users' conduct or transaction outcomes

Switch My House facilitates introductions and matches; it is not a party to any transaction between users and is not responsible for the conduct, representations, or performance of any other user.

Indemnity

You agree to indemnify Switch My House and our directors, officers, employees, contractors, and affiliates against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal costs) arising from: (a) your breach of these Terms or applicable law; (b) any content you submit to the Platform that is materially false or that infringes a third party's rights; or (c) your wrongful or negligent conduct on the Platform. This indemnity does not apply to the extent that the relevant claim arises from our own negligence, breach, fraud, or wilful misconduct, and survives termination of these Terms.

12.Suspension and Termination

By you

You may close your account at any time by contacting us at info@switchmyhouse.com.au. If you have an active listing or are in the middle of negotiations, please resolve or formally withdraw before closing your account to avoid leaving other users in limbo.

By Switch My House

We may suspend or terminate your access to the Platform if we reasonably believe you have materially breached these Terms or applicable law, or if your conduct presents a risk to other users or the integrity of the Platform. Other than in cases of suspected fraud, threat to safety, or legal requirement, we will give you reasonable prior notice and an opportunity to address the issue before closing your account.

Effect on existing arrangements

Closing your account does not affect any obligations you have incurred to other users prior to termination. Those obligations continue and must be fulfilled.

Refunds on termination

If we close your account because of your material breach, fees you have paid for services already performed are generally not refundable. If we close your account other than for cause, we will refund any prepaid fees for services not yet performed. Nothing in this clause affects your rights under the Australian Consumer Law (including refund rights for major failures of consumer guarantees).

Survival

Sections that should reasonably survive termination, including Sections 9 (Intellectual Property), 11 (Disclaimers and Liability), 12 (Termination/Refunds), 13 (Disputes), and 14 (General), survive the end of these Terms.

13.Disputes

Talk to us first

If you have a complaint about the Platform or our services, please email info@switchmyhouse.com.au with the details. We will acknowledge receipt within 5 business days and aim to resolve the matter within 30 days.

Mediation (optional)

If a dispute cannot be resolved through direct discussion, either party may suggest mediation through a mutually agreed neutral mediator. Mediation is voluntary and costs are shared equally unless otherwise agreed.

Disputes with other users

For disputes between users (for example, between a buyer and a seller), the users should generally attempt to resolve the matter directly. We may assist by providing relevant Platform records, subject to privacy law. You may also contact Consumer Protection WA for guidance.

Your statutory rights

Nothing in these Terms restricts your right to seek relief through the courts or tribunals, to contact Consumer Protection WA, or to bring a complaint under the Australian Consumer Law.

Governing law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Jurisdiction

Each party submits to the non-exclusive jurisdiction of the courts of Western Australia. Non-exclusive jurisdiction means you may also seek relief elsewhere if the law allows.

14.General

Changes to these Terms

We may update these Terms from time to time. For changes that materially affect your rights, we will give you reasonable advance notice by email or by a prominent notice on the Platform. If a change materially disadvantages you, you may close your account before the change takes effect. Continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions continue in full force and effect.

No waiver

A failure or delay by either party in enforcing any right under these Terms is not a waiver of that right and does not prevent its future enforcement.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms as part of a corporate transaction, on reasonable notice to you.

Entire agreement

These Terms, together with any specific service agreement, subscription terms, or privacy consent you agree to with us, constitute the entire agreement between you and Switch My House on the subject matter. If any specific signed agreement conflicts with these Terms, the specific agreement prevails to the extent of the inconsistency.

Relationship of parties

You and Switch My House are independent contracting parties. These Terms do not create an employment, agency, partnership, joint venture, or fiduciary relationship between us.

Marketing communications

We send marketing communications only with your consent, in accordance with the Spam Act 2003 (Cth) and our Privacy Policy. You can unsubscribe at any time using the link in any marketing email or by contacting us.

No third-party beneficiaries

These Terms are for the benefit of you and Switch My House only, except where expressly stated (for example, Switch My House personnel and affiliates protected under the liability and indemnity clauses).

15.Contact Us

For any questions, complaints, or notices under these Terms: