Terms of Service

1. Definitions and Interpretation

In these Terms of Service:

• "ASPIRE" means our property intelligence platform, including all evaluation tools, market analysis features, and AI-powered services.
• "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Content" means all information, data, reports, evaluations, and materials provided through our services.
• "Platform" means our website at ding.realestate and any associated applications or services.
• "Real Estate Services" means property sales, purchases, leasing, and related services provided under agency agreements.
• "Services" means all services provided by Ding Real Estate, including ASPIRE and Real Estate Services.
• "User", "you", "your" means any person or entity accessing or using our Services.
• "We", "us", "our" means Ding Real Estate Pty Ltd (ABN [ABN Number]).

2. Acceptance of Terms

2.1 By accessing or using our Services, you confirm that you:

• Have read, understood, and agree to be bound by these Terms;
• Are at least 18 years of age;
• Have the legal capacity to enter into binding contracts; and
• Will use our Services in compliance with all applicable laws.

2.2 These Terms apply in addition to any agency agreement, listing agreement, or other contract entered into between you and Ding Real Estate.

3. Our Services

3.1 ASPIRE Platform

The ASPIRE platform provides AI-powered property intelligence services including:

• Property evaluations using our 5-dimension framework (Affordability, Suitability, Profitability, Investment, Risk)
• Market analysis and investment insights
• Automated property scoring and recommendations
• AML/KYC compliance verification tools

3.2 Real Estate Agency Services

We provide licensed real estate agency services in accordance with the Property and Stock Agents Act 2002 (NSW) and equivalent legislation in other jurisdictions where we operate.

3.3 Service Limitations

Our Services are provided for informational purposes and to facilitate real estate transactions. We do not provide:

• Financial advice (consult a licensed financial adviser)
• Legal advice (consult a qualified solicitor)
• Tax advice (consult a registered tax agent)
• Formal property valuations (engage a licensed valuer if required)

4. User Accounts and Registration

4.1 To access certain features of our Platform, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information;
• Maintain the security of your account credentials;
• Promptly update any changes to your information;
• Accept responsibility for all activities under your account; and
• Notify us immediately of any unauthorised access.

4.2 We reserve the right to suspend or terminate accounts that violate these Terms or for security reasons.

5. AML/KYC Compliance

5.1 We are a reporting entity under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). You agree to:

• Provide true and accurate identification documents when requested;
• Disclose the source of funds for property transactions;
• Consent to verification checks through third-party providers;
• Notify us of any changes to beneficial ownership; and
• Cooperate with enhanced due diligence where required.

5.2 We may decline to provide services or report transactions to AUSTRAC if we have reasonable grounds to suspect money laundering or terrorism financing.

6. Intellectual Property

6.1 All intellectual property in our Platform, ASPIRE system, Content, and Services (including software, algorithms, trademarks, and design elements) remains our property or that of our licensors.

6.2 You are granted a limited, non-exclusive, non-transferable licence to use our Services for your personal or internal business purposes only.

6.3 You must not:

• Copy, reproduce, or modify our Content without permission;
• Reverse engineer, decompile, or attempt to extract source code;
• Use automated systems to scrape or extract data from our Platform;
• Remove or alter any proprietary notices or labels;
• Sublicense, sell, or commercially exploit our Services.

7. AI-Generated Content and Disclaimers

7.1 Our ASPIRE platform uses artificial intelligence to generate property evaluations, market analysis, and recommendations. While we strive for accuracy:

• AI-generated Content should be used as a guide only, not as definitive advice;
• Property valuations are indicative estimates, not formal valuations;
• Market predictions are based on historical data and may not reflect future performance;
• You should conduct independent due diligence before making decisions.

7.2 We do not warrant that AI-generated Content is error-free, complete, or suitable for any particular purpose.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, including the Australian Consumer Law:

• Our total liability for any claim is limited to the fees paid by you in the 12 months preceding the claim;
• We exclude liability for indirect, consequential, or incidental losses;
• We are not liable for losses arising from reliance on AI-generated Content;
• We are not liable for third-party services, websites, or content.

8.2 Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law that cannot be excluded.

9. Indemnification

You agree to indemnify and hold harmless Ding Real Estate, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal costs) arising from:

• Your breach of these Terms;
• Your violation of any law or third-party rights;
• Your use of our Services;
• False or misleading information you provide.

10. Fees and Payment

10.1 Fees for our Services are set out in the relevant agency agreement, subscription plan, or as displayed on our Platform.

10.2 All fees are in Australian dollars and include GST unless otherwise stated.

10.3 Real estate commissions are payable in accordance with your agency agreement and applicable legislation.

11. Termination

11.1 You may terminate your account at any time by contacting us. Termination does not affect obligations under separate agency agreements.

11.2 We may terminate or suspend your access immediately if you breach these Terms, engage in fraudulent activity, or for other reasonable grounds.

11.3 Upon termination, your licence to use our Services ceases, but provisions relating to intellectual property, limitation of liability, and indemnification survive.

12. Dispute Resolution

12.1 If a dispute arises, we encourage you to first contact us to seek resolution.

12.2 If the dispute cannot be resolved within 14 days, either party may refer it to mediation through the Resolution Institute (or equivalent body).

12.3 For disputes relating to real estate transactions, you may also lodge a complaint with NSW Fair Trading or the relevant state consumer protection agency.

13. Governing Law

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

14. General Provisions

14.1 Entire Agreement: These Terms, together with our Privacy Policy and any agency agreements, constitute the entire agreement between you and Ding Real Estate.

14.2 Severability: If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.

14.3 Waiver: Our failure to enforce any right does not constitute a waiver of that right.

14.4 Assignment: You may not assign your rights under these Terms without our written consent.

14.5 Amendments: We may update these Terms by posting revised terms on our Platform. Material changes will be notified via email.