Terms & Conditions

Effective Date: Feb 27, 2026

These Terms and Conditions (“Terms”) are entered into by and between Suna Communications Pty Ltd (ABN 19 606 428 237) trading as iRealty (“iRealty”, “we”, “us”, or “our”) and you (“you”, “your”, or “user”), a business or individual accessing our services. These Terms govern your use of the iRealty platform and related services.

1. Definitions

The following terms shall have the following meanings:

1.1 Community Standards

means such standards of conduct as described on this web site as being community standards which iRealty may amend from time to time.

1.2 iRealty

means Suna Communications Pty Ltd (ABN 19 606 428 237) trading as iRealty.

1.3 Terms & Conditions

means these terms and conditions as set out below and amended from time to time and includes such other additional policy documents that may be posted on the web site including but not limited to “The Privacy Policy”.

1.4 Us, Our & We

means reference to iRealty.

1.5 AI Features

means automations, AI content generation, machine learning, platform guidance and suggestions and AI data insights provided as part of the Service.

1.6 Subscription Term

means the initial and renewal period of your subscription, being 12, 24, or 36 months as selected at signup, with automatic renewal unless terminated.

1.7 Service

means the iRealty platform and all associated tools, features, modules and services made available by iRealty to the Client under these Terms, including iMessage, MailManager, AutoResponders, AI Features, and any future enhancements.

1.8 Client Data

means all data, content, and information (including Personal Information) submitted to the Service by the Client or its Authorised Users in the course of using the Service.

1.9 Authorised Users

means the agents, brokers, staff, or other individuals authorised by the Client to access or be represented through the Service under the Client’s account.

1.10 Intellectual Property Rights

means all current and future registered and unregistered rights in respect of copyright, trademarks, designs, patents, know-how, confidential information, and all other intellectual property rights as defined under Australian law.

1.11 Personal Information

has the meaning given to it under the Privacy Act 1988 (Cth) and, for New Zealand clients, the Privacy Act 2020 (NZ).

1.12 Third-Party Services

has the meaning given to it in Section 21.

1.13 Force Majeure Event

has the meaning given to it in Section 17.

2. Terms and Conditions

2.1

These Terms constitute a legally binding agreement between iRealty and the entity or individual identified during the signup process (“Client”). The Client accepts these Terms by: (a) clicking ‘I agree’ or equivalent acceptance mechanism at signup; (b) executing an Order Form or agreement that references these Terms; or (c) accessing or using the Service in any way, whichever occurs first. If you are accepting these Terms on behalf of a company, partnership, trust, or other organisation, you warrant that you have full legal authority to bind that organisation to these Terms. iRealty may rely on this warranty without further enquiry. If you do not have such authority, you must not proceed with signup.

2.2

The latest Terms and Conditions will be clearly posted on our site, and will be available for review at any time on our website. You should thoroughly familiarize yourself with the Terms and Conditions of Use prior to using the site. We will provide at least 30 days’ notice of material changes via our website or email / in-app notification.

2.3

These Terms of Service set forth the entire understanding and agreement between us related to the use of the iRealty website.

2.4

The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.

3. Our Service

3.1

iRealty, iMessage, MailManager and AutoResponders have been designed as powerful email based communication tools / Property insight tool – primarily designed for real estate agencies, mortgage brokers and other companies to communicate with their customers, including through AI Features.

3.2

iRealty is a strongly community oriented, ethical organisation, and operates by a strict code of conduct. While we defend people’s rights to freedom of speech, we operate with strong guiding principles of integrity, respect and fairness, and we expect all iRealty members to abide by similar principles. The iRealty Community Standards as published on our website from time to time are incorporated into and form part of these Terms by reference. A breach of the Community Standards constitutes a breach of these Terms and may result in suspension or termination of your account in accordance with Sections 22 and 7.3 respectively.

3.3

iRealty offers you access to create eMailouts, SMS, automations, journeys and provides you with access to a collection of on-line resources, including design styles and colours, email platform, content development tools and hosting services (the “Service”).

3.4

We offer you access to the iRealty website and database in exchange for your strict compliance with the terms, conditions, and notices stated here and as may be modified by us from time-to-time in our sole and absolute discretion with notice.

3.5

Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service, including AI Features, shall be subject to these Terms and Conditions of Use.

4. Subscriptions and Pricing

4.1

All subscription fees are charged via direct debit, monthly in advance, based on the number of Authorised Users and contacts in your account. Pricing details are provided at signup. Payment processing is facilitated by our third-party payment processors, currently Stripe (stripe.com) and Westpac Banking Corporation. By providing your payment details and completing signup, you authorise iRealty and its nominated payment processors to debit the applicable fees from your nominated account or card. You acknowledge that your use of these payment services is also governed by the relevant processor’s terms and conditions and privacy policy, available on their respective websites. iRealty accepts no liability for errors, failures, or delays caused by payment processors.

4.2

Your Subscription Term is 12, 24, or 36 months, selected at signup, with automatic renewal on a 12 month term unless you provide 30 days’ written notice of non-renewal before expiry.

4.3

We may increase prices with 30 days’ notice via email. You may terminate these Terms for convenience at the end of your current Subscription Term by providing 30 days’ written notice prior to expiry. Early termination prior to the end of the current Subscription Term incurs a termination fee equal to 100% of the fees that would have been payable for the remaining months of the Subscription Term. This fee reflects the substantial upfront investment iRealty makes in onboarding, platform configuration, and dedicated support for each Client, and represents a genuine pre-estimate of loss. We understand that circumstances change — Clients wishing to discuss their situation are encouraged to contact their iRealty Account Manager prior to serving a termination notice, as iRealty may, at its sole discretion, consider mitigation options on a case-by-case basis. Any such arrangement must be agreed in writing and does not constitute a waiver of iRealty’s rights under this clause.

4.4

All fees quoted are in Australian dollars and are exclusive of Goods and Services Tax (GST) unless otherwise stated. Where GST is applicable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), it will be added to your invoice at the prevailing rate (currently 10%). iRealty will issue tax invoices compliant with GST legislation. New Zealand clients acknowledge that Australian GST may apply to supplies made from Australia, and are responsible for any NZ GST obligations applicable to them under the Goods and Services Tax Act 1985 (NZ).

5. Payment Terms

5.1

Upon registering for any iRealty account you will be invoiced monthly on the same day of the month. Due to some months having less days than 31, the system may make adjustments to your invoice date.

5.2

Setup fees are non-refundable. Invoices are due in 7 days; late payments accrue interest at 1.5% per month and may result in suspension. Failure to pay an invoice past 45 days will result in termination of your account. iRealty is not liable for any loss incurred from disruption, suspension or termination of service due to late or non-payment. Upon account closure, you will have 30 days to export your Client Data via the platform’s export tools. After this 30-day period, iRealty may permanently delete all Client Data from its systems with no obligation to retain or recover it. iRealty will provide written confirmation of deletion upon request. iRealty accepts no liability for Client Data that cannot be recovered after deletion.

5.3

Work billed in advance including any custom campaigns, advertising, bulk SMS are non refundable. A portion of the budget/credits etc can in some cases be reallocated if enough notice is given, but in any case we will be unable to provide any refund, only potential to reallocate.

5.4

If your account is terminated by us because you have breached these terms and conditions, you will not be entitled to a refund.

6. Using the iRealty Website

6.1

You agree that you will not use the iRealty website and tools, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions.

6.2

You agree that you will not modify, copy, scrape, crawl, distribute, transmit, display, perform, reproduce, publish, license, frame in another web page, create derivative other works from, transfer, or sell any information, software, lists of users, databases or other information, products or services provided through or obtained from the iRealty site/s or from iRealty activities.

6.3

You shall not use the iRealty website and applications in any manner which could damage, disable, overburden, or negatively impact on the iRealty’s brand or activities, or interfere with any other party’s use and enjoyment of the iRealty website.

6.4

You may not use any of the visual or written images, graphics, icons, logos or brands used within the iRealty website or in any iRealty template, except in the manner in which it was intended.

6.5

Images supplied through the iRealty system are provided under license. Copyright with all images supplied in this manner rests with their owners, and can only be used in the manner in which they have been supplied. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the iRealty website.

6.6

Except with the express written permission of iRealty, you agree that you will not access or attempt to access password protected, secure or non-public areas of the iRealty website. Any unauthorized person/s attempting to access prohibited areas of the iRealty site may be subject to prosecution, and if so, will be pursued to the full extent of the law.

6.7

You agree and promise not to resell or exploit for any commercial purpose any of iRealty’s services or software without the express written permission of iRealty.

7. Member Conduct

7.1

As an iRealty member, you are entirely responsible for all Member Content posted through your iRealty account, including and not limited to: information, photographs, data, text, music, sound, software, graphics, streaming video or other materials posted via the Service, including AI-generated content. iRealty has no involvement or control over the posting of Member Content via the Service and as such, does not verify or guarantee the quality, accuracy or integrity of such content. iRealty does not endorse any organisation who uses the iRealty website, and makes no representation or warranty of their professionalism, integrity, viability or legitimacy as a reputable organisation. You warrant that all content, including AI-generated content, complies with applicable laws.

7.1A

You acknowledge that AI Features may produce content that is inaccurate, incomplete, outdated, or misleading. You are solely responsible for reviewing, verifying, and approving all AI-generated content before it is published, distributed, or otherwise used. iRealty makes no warranty as to the accuracy, suitability, or fitness for purpose of any AI-generated content. To the maximum extent permitted by law, iRealty accepts no liability for any loss, damage, or regulatory consequence arising from your use or distribution of AI-generated content without adequate review. You warrant that all AI-generated content used by you complies with the Australian Consumer Law, applicable real estate industry regulations, and all other relevant laws.

7.2

With regard to the content of your eMailouts, you agree not to post, upload or otherwise distribute any content (so defined by the following subclauses, to be referred to as “Offending Content”):

7.2.1 that is unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar or libelous;

7.2.2 that is misleading, deceptive and / or not representative of the truth, and / or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity;

7.2.3 that relates to inappropriate subject matters or contravenes the spirit with which iRealty conducts its business;

7.2.4 that is hateful, invasive of another’s privacy, or racially, ethnically or otherwise objectionable;

7.2.5 that is harmful to minors;

7.2.6 you do not have a right to post and transmit under any law or any contractual relationship/s;

7.2.7 involves personal or confidential data about any other individual or organisation;

7.2.8 Infringes of any patent, trademark, proprietary secret, copyright or any other proprietary right/s of any party;

7.2.9 Contain software viruses or any other invasive computer code, programs, or files designed to interfere with, destroy or impact negatively on the functionality of any computer hardware or software, or any telecommunications equipment;

7.2.10 Which imposes an unreasonable burden on our infrastructure;

7.2.11 Intentionally or unintentionally violates any relevant and applicable local, state, national or international law;

7.2.12 Communicates erroneous, forged or disguised identifiers; or

7.2.13 Promotes violence, harm or provides instructional or affirmative information about illegal activities or pastimes.

7.3

We reserve the right to terminate service to any member who includes Offending Content in any eMailout. In the event of a termination of membership for improper use, there will be no refund of any credit accrued by the user with iRealty.

8. Registration

8.1

In order for you to participate in the Service and distribute your eMailouts, iRealty requires that you:

8.1.1 to pay iRealty the value of the service as stated in the Pricing options; and

8.1.2 provide specific information about yourself.

8.2

If you choose to participate in such services and build your own eMailouts (i.e. become a Member), you agree to provide true, complete and accurate information (“Member Data”) and to refrain from falsely representing your affiliation with any person or entity.

8.3

Member Data and certain other information about you will be subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process may be used to send you information about iRealty Service/s offered.

8.4 Per-Seat Pricing

Subscription fees are calculated based on the number of agents, brokers, or individuals whose details, listings, or profiles are actively included in or managed through the Service (“Seats”), regardless of the number of individuals who have login access to the account. The Client is responsible for accurately reporting the number of Seats in use and must notify iRealty promptly if the number of Seats increases. iRealty reserves the right to audit account usage and adjust invoicing accordingly where the number of active Seats exceeds the subscribed amount. Seats are counted per individual, and the same individual cannot be split across multiple accounts to reduce fees.

8.5 Account Security

The Client is responsible for maintaining the confidentiality of all login credentials associated with their account and for all activity conducted under their account by any person. The Client must not permit login credentials to be shared in a manner that circumvents iRealty’s access controls. The Client must notify iRealty immediately at security@irealty.com.au upon becoming aware of any suspected unauthorised access to their account. iRealty reserves the right to suspend any account where a security breach is suspected, pending investigation.

9. Spam and Unsolicited Emails

9.1

The iRealty website is a spam free zone. As our online service facilitates the broadcast of email newsletters, iRealty has very clear guidelines and is very sensitive to issues regarding unwanted emails and SPAM. While we encourage you to publicize your activities using the iRealty service/s, you are expressly prohibited from sending unsolicited emails to email recipients (spamming), except under very clear guidelines. We actively work with all iRealty members to make sure they understand and abide by common principals of email protocol and “opt-in” policy – giving recipients the freedom to decide whether they would like to receive the materials being sent. You warrant that all recipient lists are obtained with express, informed consent in compliance with the Spam Act 2003 (Cth).

9.2

All iRealty eMailouts are distributed with embedded subscribe / unsubscribe functionality. These tools help reinforce our ‘opt-in’ marketing policies and philosophy. You must verify consents upon request and provide unsubscribe mechanisms in all communications.

9.3

Newsletters are a powerful educational tool, and are very effective in helping build rich, long term relationships with customers / members. eMailouts can also serve a valuable role in nurturing, prospecting, lead generation and more traditional direct marketing of products and services. In these cases, iRealty works closely with members to ensure they comply with our policies. In all such cases, such activities must be conducted using valid “opt-in” lists sourced from reputable providers. In any instance where any eMailout is sent to a third party without their specific request, the person or organisation responsible for the origination of the contact must be clearly identified to us and to the recipients of the newsletter.

9.4

Despite all of our integrated systems, and our best efforts to eliminate potential issues, there remains the possibility that an iRealty customer may send emails to a person/s who consider the email as undesirable solicitation or unwanted communications. This may be due to a misunderstanding between our customer and the recipient, or an abuse of our email policies. Initially, we ask email recipients to first consider if they are indeed part of the “opt-in” email list that the publisher identified in the email has used. If this is not the case, we ask that the recipient report any potential breach of our systems to abuse@irealty.com.au.

9.5

If we are made aware that the iRealty website has been used in any activities involving spamming activities or processes, or inappropriately dealing with databases and contact lists, we reserve the right to remove the account from our servers. In the event of a termination of membership for improper use, there will be no refund of any credit accrued by the user with iRealty.

9.6

Clients operating in New Zealand must ensure that all electronic messages sent through the Service comply with the Unsolicited Electronic Messages Act 2007 (NZ), including requirements for sender identification, consent, and unsubscribe mechanisms. It is the Client’s sole responsibility to determine and comply with the anti-spam legislation applicable in each jurisdiction in which they operate. iRealty accepts no liability for a Client’s non-compliance with any applicable anti-spam law.

10. Privacy Policy

10.1

iRealty is committed to maintaining your privacy and protecting your rights as a client. Following is a disclosure of our standard practice regarding information we collect and hold on behalf of our clients. See our full Privacy Policy for details.

10.2

iRealty collects information from clients including, but not limited to, some or all of the following, depending on the nature of their usage of our service: contact information, user preferences, email address lists, articles, graphical images, logos, icons, survey responses, letters and emails, and usage statistics. Clients enter their data using our servers, database and newsletter creation tools. This information is owned by our clients and is not accessible to our partners or other clients unless permission is granted by the client.

10.3

Some financial information may also be collected for the purpose of billing the client for services purchased. We use contact and billing information from time to time to contact our clients using both standard mail and email to ensure smooth and efficient delivery of our service and to alert them of new products and services. All information collected is processed and stored in secure and confidential manner on behalf of our clients, and is only accessible to the client through a sophisticated password structure, so that only the client has access to his/her personal information. Although we make every effort to ensure security of client information, no data transmission can be guaranteed to be 100% secure over the Internet.

10.4

If you have any questions about this privacy statement, you can email us at info@irealty.com.au at any time.

10.5

iRealty’s Privacy Policy is published at irealty.com.au/privacy-policy and is updated from time to time. The current version of the Privacy Policy forms part of these Terms and is incorporated by reference. In the event of any inconsistency between these Terms and the Privacy Policy with respect to the handling of Personal Information, the Privacy Policy prevails. Clients are encouraged to review the Privacy Policy regularly. iRealty will notify Clients of material changes to the Privacy Policy in accordance with clause 2.2.

10.6

In the event of a data breach involving Personal Information held by iRealty, iRealty will comply with its obligations under the Notifiable Data Breaches scheme established by Part IIIC of the Privacy Act 1988 (Cth), including notifying the Office of the Australian Information Commissioner (OAIC) and affected individuals within required timeframes where the breach is likely to result in serious harm. iRealty will notify affected Clients of any eligible data breach involving their Client Data as soon as practicable. Clients who become aware of any suspected unauthorised access to their account or Client Data must notify iRealty immediately at privacy@irealty.com.au. Client Data is stored on Amazon Web Services infrastructure located in Australia (ap-southeast-2 region). For New Zealand clients, iRealty will also comply with applicable notification obligations under the Privacy Act 2020 (NZ).

11. eMailout Storage and Usage

11.1

As an iRealty member, you are allowed a disk space limit as specified in our Pricing Options. You acknowledge that from time to time, iRealty may review operating practices and redefine boundaries concerning the use of the Service. You agree that iRealty has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that iRealty reserves the right to change its practices and storage policies and limits at any time, in its sole discretion, with notice.

11.2

Upon cancellation or termination of an account, Client Data will be retained for 30 days to allow export, after which it may be permanently deleted in accordance with clause 5.2.

12. Enhancements and Modifications

12.1

iRealty reserves the right to modify or discontinue the Service, including AI Features, with notice. Continued use constitutes acceptance.

13. Liability and Indemnity

13.1

To the maximum extent permitted by law, our total liability under these Terms is limited to the fees paid by you in the 12 months preceding the claim. We exclude all liability for indirect, consequential, or incidental damages, including data loss or business interruption.

13.2

You agree to indemnify, defend, and hold harmless iRealty, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) any content you submit, post, or transmit through the Service, including AI-generated content; (c) your breach of these Terms or any applicable law, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), and applicable New Zealand legislation; (d) any third-party claim arising from your use of the Service; (e) any infringement of a third party’s intellectual property or other rights by you or your Authorised Users; or (f) any act or omission of your Authorised Users in connection with the Service. This indemnity does not limit any rights you may have under the Australian Consumer Law.

13.3 ACL Savings Clause

Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded or limited (“Non-Excludable Rights”). To the extent that iRealty’s liability for a breach of any Non-Excludable Right can be limited, iRealty’s liability is limited, at iRealty’s option, to: (a) in the case of services — re-supplying the relevant services or paying the cost of having them re-supplied; and (b) in the case of goods — replacing or repairing the goods or paying the cost of replacement or repair. For New Zealand clients, equivalent protections under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) are preserved to the extent they cannot be excluded by agreement.

14. Governing Law and Dispute Resolution

14.1

These Terms are governed by the laws of Queensland, Australia. Disputes shall be resolved first by good faith mediation in Brisbane; failing that, by litigation in Queensland courts.

Note: All services described on this site are provided by Suna Communications Pty Ltd, of Brisbane Australia.

15. Intellectual Property

iRealty and its licensors retain all ownership of and Intellectual Property Rights in the Service, platform, software, AI Features, and all iRealty Content. The Client retains ownership of all Client Data. The Client grants iRealty a limited, non-exclusive licence to use Client Data solely to provide the Service. iRealty may use aggregated, de-identified data derived from platform usage for product improvement and analytics purposes, provided such data cannot identify any individual or client.

16. Confidentiality

The Client acknowledges that in the course of using the Service, the Client may be exposed to confidential and proprietary information belonging to iRealty, including but not limited to platform functionality, pricing, AI Features, technical architecture, and business processes (“iRealty Confidential Information”). The Client agrees not to disclose, reproduce or use iRealty Confidential Information for any purpose other than using the Service in accordance with these Terms. iRealty will handle Client Data in accordance with its Privacy Policy. Nothing in this clause restricts iRealty from disclosing information as required by law, or from using aggregated, de-identified data derived from platform usage for any business purpose.

17. Force Majeure

iRealty is not liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond iRealty’s reasonable control, including but not limited to acts of God, natural disasters, fire, flood, pandemic, war, terrorism, government action, power failures, internet outages, or failures of third-party infrastructure providers including Amazon Web Services (“Force Majeure Event”). iRealty will notify the Client as soon as practicable of any Force Majeure Event and will use reasonable endeavours to minimise its impact and resume the Service. If a Force Majeure Event continues for more than 40 consecutive days, either party may terminate these Terms by written notice without liability to either party.

18. Service Availability

iRealty will use reasonable endeavours to make the Service available 98% of Australian business hours (Monday–Friday, 8am–6pm AEST/AEDT) in any given calendar month, excluding: (a) scheduled maintenance windows notified in advance; (b) emergency maintenance; (c) Force Majeure Events as defined in Section 17; and (d) failures caused by the Client’s systems, third-party software, or internet connectivity. iRealty conducts routine maintenance, backups and updates outside of business hours and on weekends, during which the Service or parts thereof may be unavailable. iRealty does not warrant that the Service will be uninterrupted or error-free at any time. Uptime performance does not give rise to any right of termination or refund unless iRealty is in material breach of these Terms.

19. Assignment

The Client may not assign, transfer, sublicense or novate any of its rights or obligations under these Terms without iRealty’s prior written consent. iRealty may assign, transfer or novate any of its rights or obligations under these Terms at any time without the Client’s consent, including in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of iRealty’s assets. iRealty will provide reasonable notice to Clients of any such assignment. These Terms bind and benefit each party’s permitted successors and assigns.

20. New Zealand Clients

The Service is operated from Brisbane, Australia, and is governed by Australian law as set out in Section 14. Clients based in New Zealand are responsible for determining whether the Service is suitable for their needs and for ensuring their own use of the Service complies with all applicable New Zealand legislation, including but not limited to the Privacy Act 2020 (NZ), the Unsolicited Electronic Messages Act 2007 (NZ), the Fair Trading Act 1986 (NZ), and the Consumer Guarantees Act 1993 (NZ). iRealty makes no representation that the Service complies with New Zealand law. To the maximum extent permitted by law, iRealty excludes all liability arising from a NZ-based Client’s failure to comply with applicable New Zealand legislation. Nothing in this clause affects any rights that cannot lawfully be excluded under mandatory New Zealand law.

21. Third-Party Services

The Service may integrate with or depend upon third-party services, platforms, and infrastructure providers, including but not limited to Amazon Web Services (hosting), Stripe and Westpac (payment processing), and other third-party integrations made available through the platform from time to time (“Third-Party Services”). The Client acknowledges that: (a) Third-Party Services are provided by independent third parties and are subject to their own terms, conditions, and privacy policies; (b) iRealty does not warrant the availability, accuracy, or performance of any Third-Party Service; (c) iRealty is not liable for any loss, damage, or disruption caused by the failure, unavailability, or change in any Third-Party Service; and (d) iRealty may modify, replace, or discontinue any Third-Party Service integration with reasonable notice to Clients where practicable. Where a Third-Party Service is discontinued or materially changed by its provider in a way that affects the Service, iRealty will use reasonable endeavours to provide an alternative but accepts no liability if no suitable alternative is available.

22. Suspension

iRealty may suspend a Client’s access to the Service immediately and without prior notice where iRealty reasonably believes: (a) the Client has breached or is breaching these Terms; (b) the Client’s account has been compromised or is being used in an unauthorised manner; (c) the Client’s use of the Service is causing or is likely to cause harm to iRealty’s systems, reputation, or other clients, including through spam or unsolicited communications; (d) the Client has failed to pay any amount due under these Terms within the timeframe specified in clause 5.2; or (e) iRealty is required to do so by law or a regulatory authority. iRealty will provide written notice of suspension as soon as practicable. Suspension does not affect the Client’s obligation to pay fees during the suspension period. iRealty will lift a suspension promptly once the circumstances giving rise to it have been resolved to iRealty’s reasonable satisfaction. Repeated breaches leading to suspension may result in termination under these Terms.

23. General

23.1 Severability

If any provision or part of a provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

23.2 Waiver

No failure or delay by iRealty in exercising any right or remedy under these Terms will constitute a waiver of that right or remedy. A waiver by iRealty of any breach of these Terms by the Client does not constitute a waiver of any subsequent breach. Any waiver must be in writing signed by an authorised representative of iRealty to be effective.

23.3 Entire Agreement

These Terms, together with the Privacy Policy and Community Standards incorporated by reference, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements, representations, and understandings relating to the same subject matter.

23.4 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Each party is an independent contractor.

23.5 Notices

Notices under these Terms must be in writing and delivered to iRealty at info@irealty.com.au or to the Client at the email address provided at signup. Notices are deemed received on the next business day after sending.