Terms of Service

Effective date: 1 January 2026

These Terms of Service ("Terms") govern your access to and use of the A-Part Real Estate platform operated by Utopian Residential Real Estate Pty Ltd (ABN to be confirmed) ("A-Part", "we", "us", "our"). By using this website you agree to be bound by these Terms. If you do not agree, do not use the platform.

1. Definitions

"Platform" means the website at apart.com.au and all associated services.
"Seller" means a registered user who lists a property for sale.
"Buyer" means any person who browses, enquires about, or makes an offer on a property.
"Listing" means a property advertised for sale on the Platform.
"Package" means a paid listing plan (Essentials, Enhanced, or Ultimate).
"Add-on" means an optional paid service purchased in addition to a Package.

2. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts under Australian law. By registering an account you represent that this is the case.

3. Account Registration

You must provide accurate and complete information when creating an account.
You are responsible for maintaining the confidentiality of your login credentials.
You must notify us immediately if you become aware of any unauthorised use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms.

4. Listing Properties

Sellers must have legal authority to sell the property they list.
All listing information, including photographs, descriptions, and pricing, must be accurate and not misleading.
Listings must comply with all applicable Victorian and Australian real estate legislation, including the Estate Agents Act 1980, Sale of Land Act 1962, and the Australian Consumer Law.
A-Part reserves the right to remove or suspend any listing that breaches these Terms or applicable law.
Listings are subject to review and approval by A-Part before going live.

5. Fees and Payment

Listing packages are paid upfront via Stripe. Prices are displayed inclusive of GST unless otherwise stated.
Add-on services are charged separately and are non-refundable once fulfilment has commenced.
Package fees are non-refundable once a listing has been approved and published, except where required by Australian Consumer Law.
We reserve the right to change our pricing at any time. Price changes do not affect listings already paid for.

6. Auctions

Online auctions conducted through the Platform are subject to Victorian auction rules and the Estate Agents (General, Accounts and Audit) Regulations 2018.
All bids are binding. Bidders must be registered and may be required to pay a refundable deposit before bidding.
Deposits are held via Stripe and released or captured in accordance with the auction outcome.
A-Part does not act as the auctioneer. The seller or their appointed auctioneer is responsible for the conduct of the auction.

7. Offers and Enquiries

Offers submitted through the Platform are not legally binding contracts. They are expressions of interest that the seller may accept, reject, or counter.
A binding contract of sale is formed only when a written contract has been signed by both parties in accordance with Victorian law.
A-Part does not provide legal, financial, or conveyancing advice. Buyers and sellers should obtain independent professional advice.

8. Intellectual Property

All content on the Platform (excluding user-submitted content) is owned by A-Part and protected by copyright.
By uploading photos, descriptions, or other content, you grant A-Part a non-exclusive, royalty-free licence to use that content for the purpose of operating the Platform, including display on third-party property portals.
You retain ownership of your uploaded content and may request its removal when your listing is withdrawn or sold.

9. Privacy

Your personal information is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using the Platform you consent to the collection and use of your information as described in the Privacy Policy.

10. Limitation of Liability

A-Part provides a platform for sellers and buyers to connect. We do not guarantee the sale of any property.
To the maximum extent permitted by law, A-Part is not liable for any indirect, incidental, or consequential loss arising from the use of the Platform.
Our total liability for any claim relating to the Platform is limited to the amount you paid to us in the 12 months preceding the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

11. Prohibited Conduct

You must not:

Use the Platform for any unlawful purpose.
Submit false, misleading, or deceptive listing information.
Interfere with or disrupt the Platform or its infrastructure.
Scrape, harvest, or collect data from the Platform without our written consent.
Impersonate another person or entity.
Manipulate auction bidding or engage in dummy bidding.

12. Termination

You may close your account at any time by contacting us.
We may suspend or terminate your access if you breach these Terms, with or without notice.
On termination, any active listings will be withdrawn and no refund of package fees will be provided unless required by law.

13. Dispute Resolution

If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve it through good-faith negotiation. If the dispute is not resolved within 30 days, either party may pursue resolution through the Victorian Civil and Administrative Tribunal (VCAT) or a court of competent jurisdiction in Victoria, Australia.

14. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via email or a prominent notice on the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

16. Contact

If you have questions about these Terms, contact us at:

A-Part Real Estate
Email: info@a-part.com.au