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Terms of Use

Terms of Use

 

Welcome to https://beyondthebrick.com.au ("Website"). This Website is operated by Beyond the Brick Pty Ltd (ABN 26 675 287 206) ("Beyond the Brick," "we," "our," or "us"). Beyond the Brick is a residential property review platform that provides verified and unverified reviews, ratings, and detailed property insights to empower users in their search for homes and to support developers and property managers with performance analytics (collectively, the "Services").

 

Please carefully review these Terms and Conditions ("Terms"), as they govern your access to and use of this Website and any associated Services provided by Beyond the Brick. These Terms outline your rights and responsibilities as a user ("User," "you," or "your"). By accessing the Website, you agree to these Terms. If you do not agree, you must immediately cease using the Website and its Services.

 

Beyond the Brick reserves the right to modify these Terms at our sole discretion. Any changes will be updated on this page, with the date of the latest amendment indicated at the beginning of these Terms. We will endeavour to notify you of significant changes by appropriate methods such as email or Website notices. Continued use of the Website after updates have been posted constitutes your acceptance of any revised Terms.

 

  1. Acceptance of the Terms

 

By accessing or using this Website, you agree to be bound by these Terms. Where the option to accept these Terms is made available within the Website’s user interface, you may indicate your acceptance by selecting “Accept” or similar buttons. If you are acting on behalf of a company or organisation, you represent that you have the authority to accept these Terms on their behalf.

 

  1. Eligibility

 

    1. By accessing the Website or using any Services, you confirm that:

 

      1. You are over 15 years of age or have obtained parental/guardian consent to use the Website and Services;

 

      1. You have read, understood, and agree to be bound by these Terms, including any policies or documents incorporated by reference;

 

      1. If accessing the Website or Services on behalf of a business entity, you have the authority to bind that entity to these Terms.

 

    1. Users who do not meet the eligibility criteria outlined in Section 2.1 are prohibited from accessing or using the Website and Services.

 

    1. Beyond the Brick reserves the right to refuse access to the Website or Services to any User at its sole discretion if eligibility requirements are not met or for any other reason deemed appropriate by Beyond the Brick.

 

  1. Services

 

    1. Platform Access and Use


We provide an online platform that enables Users to access and share reviews of residential properties exclusively across Australia, including but not limited to apartments, studios & houses. Through the platform, Users can:

 

      1. Read and submit reviews of residential buildings based on their personal living experiences;

 

      1. Upload evidence to verify the authenticity of reviews (e.g., utility bills, name, and address);

 

      1. Search for residential properties;

 

      1. View and search for developer profiles and their property portfolio details; and

 

      1. Access insights and data related to properties, including building performance metrics and benchmarks.

 

    1. Developer Portal

Beyond the Brick provides a back-end portal for real estate developers, property managers, and institutional landlords (“Developer/s”), allowing them to perform various functions, including but not limited to:

 

      1. Manage their property portfolios, including uploading property photo’s and writing property descriptions.

      2. Access and reply to reviews on their properties.

      3. Access a dashboard summarising their property portfolio

      4. Manage user access to their portal

      5. Download review data (display names only) to perform portfolio / property level analysis not covered by the dashboard

      6. Use reviews for marketing materials where agreed with Beyond The Brick

 

Reviews on the platform remain independent, and Developers have no ability to alter, filter, or delete user-generated content including reviews.

 

  1. How to Use the Website

 

    1. Searching and Viewing Property Reviews


When using our platform, you can search for properties by entering the property name in the search bar or via the ‘locations’ page through our state-based search feature and view properties listed in order of their overall rating.. Once you find a property, you will be able to:

 

      1. View the overall rating of the property, as well as ratings across six key pillars;

 

      1. Read detailed reviews of the property, including both verified and unverified reviews from residents;

 

      1. View the property description, type. amenities and the properties’ location.

 

 

      1. Click the ‘write a review’ button to be taken to the properties review form and leave a review on that particular property

      2. Having a commercial relationship with Beyond the Brick cannot influence the rating and ranking algorithm and are always true to the ratings collected.

 

 

 

 

    1. Searching and Viewing Developers

 

      1. View the overall rating of the developer, as well as their ratings across six key pillars; these ratings are established by averaging all reviews across their property portfolio on Beyond The Brick.

 

      1. See all linked properties associated with a developer and available on Beyond the Brick and read reviews for each.

 

      1. View a description of the developer

 

      1. Read detailed reviews of the developers properties, including both verified and unverified reviews from residents

 

    1. Leaving a Review & Review Verification


If you are a resident who wishes to leave a review for a property, please follow these steps:

 

      1. Use the search bar to find the property you wish to review, or navigate to the "Write a Review" tab on the website.

 

      1. Complete the review form by answering all questions and providing ratings across key pillars of the property. These pillars are detailed on the review form and available on the Website.

 

      1. You may be asked to upload a document (e.g., utility bill) that verifies your name and address as proof of residency at the property. This step helps verify your review, but it is not mandatory. Reviews submitted without verification will still be published but will be marked as "unverified."

 

      1. Once your review has been submitted, you will receive a confirmation email. If you have not uploaded a verification document, the email will prompt you to send it to us via email for verification. We may contact you for more information to ensure the integrity of verified reviews on the website.

 

      1. Your review will not be published on the website until it has been reviewed and approved by an administrator at Beyond the Brick. We will screen your review for any offensive content or violations of our review guidelines. Additionally, we may verify the authenticity of your residency as part of the approval process.

 

    1. Developer Profile Management

 

      1. Developer Access to Reviews

 

Developers, property managers, and other authorized users will have access to reviews associated with their properties, including:

 

  1. Detailed information on all reviews submitted by residents for each of their linked properties;

 

  1. Insights into ratings across key pillars and overall ratings for their properties; and

 

  1. The ability to respond to reviews directly through the platform, fostering transparent communication with residents. Developers may respond to reviews but cannot edit, hide, or remove them.

 

  1. Download review data (display names only) to perform portfolio / property level analysis not covered by the dashboard

 

  1. Use reviews for marketing materials where agreed with Beyond The Brick.

 

Developers cannot influence, filter, or remove any user-generated reviews. Reviews on the platform remain independent, and any attempt to manipulate reviews is strictly prohibited.

 

 

      1. Developer Portal Access and Subscription

 

Developers subscribing to the platform will gain access to a dedicated portal, which enables them to:

 

        1. Request updates to their property portfolios, including adding or updating property information. Developers can submit new property listings through the portal, but properties will not be publicly displayed until activated by Beyond The Brick;

 

        1. Update and maintain their developer profile pages to ensure accuracy and engagement.

 

        1. Unlock enhanced features through a subscription, including:

 

  1. Access to detailed property data and performance dashboards for benchmarking and insights; and

 

  1. Engage with user feedback by responding to reviews; and

 

 

  1. Advanced tools for comprehensive portfolio management, offering increased control over their profiles and effective engagement with user feedback.

 

  1. Download review data (display names only) to perform portfolio / property level analysis not covered by the dashboard

 

Use reviews for marketing materials where agreed with Beyond The Brick

  1. User Contributions, Content Guidelines & Review Moderation

 

    1.   Permitted Content

 

Users may contribute the following types of content to the Website:

 

      1. Written reviews about their living experiences in residential properties;

 

      1. Star ratings across key assessment pillars; and

 

      1. Photos relevant to their reviews.

 

      1. Request to add their property to the platform

 

    1.   Verification Process

 

To uphold the integrity of the platform and ensure the credibility of reviews, users have the option to upload evidence of residency (e.g., utility bills) when submitting a review.

 

      1. Reviews submitted with sufficient evidence and where we have been able to verify the submitters residency, will be marked as "Verified’ We may contact you for more information to ensure the integrity of verified reviews on the website.; and

 

      1. Reviews without evidence or where verification is incomplete will be marked as "Unverified."

 

Beyond The Brick reserves the right to request further information from users at any stage to ensure the authenticity of reviews and maintain the platform’s reliability.

 

    1. Content Restrictions

 

All User contributions must adhere to the following guidelines:

 

      1. Content must not contain offensive language, discriminatory remarks, or inappropriate material;

 

      1. Contributions should be relevant to the property being reviewed and based on genuine personal experiences; and

 

      1. Content must comply with all applicable laws and regulations.

 

    1. Content and Review Moderation

 

      1. Beyond the Brick reserves the right to review, edit, or remove any content that violates these Terms or contains inappropriate, irrelevant, or false information.

 

      1. All submitted reviews are manually screened by Beyond the Brick before publication to ensure compliance with platform standards.

 

      1. Beyond the Brick reserves the right to withhold publication of any review that is deemed inappropriate, offensive, irrelevant, or false.

 

  1. User Conduct

 

    1. Users must refrain from:

 

      1. Submitting false, misleading, or defamatory content; and

 

      1. Using the platform for unlawful purposes.

 

      1. Submitting irrelevant and inappropriate media

 

    1. Beyond the Brick reserves the right to take action for breaches of these Terms, including:

 

      1. Warning notices;

 

      1. Temporary or permanent suspension of Users; and

 

      1. Reporting serious misconduct to relevant authorities.

 

  1. Errors, Inaccuracies, and Omissions

 

    1. Accuracy of Information


We strive to ensure that all information provided on the Website is accurate, complete, and up to date. However, the Website may occasionally contain errors, inaccuracies, or omissions related to property data, reviews, ratings, or other content.

 

    1.  Correction of Errors


If you identify any errors, inaccuracies, or omissions in the information displayed on the Website, you are encouraged to notify us by contacting info@beyondthebrick.com.au. We will review the submitted concerns and take reasonable steps to correct any verified inaccuracies promptly.

 

    1. No Warranty on Accuracy


We do not guarantee the accuracy, completeness, or reliability of the information provided on the Website and disclaims all liability for errors or omissions to the fullest extent permitted by law.

 

  1. Promotions and Incentives

 

    1. From time to time, we may run promotions, contests, or offer incentives to encourage residents to leave reviews of their properties on the Website. Such initiatives aim to enhance the quality and quantity of reviews available to Users.

 

    1. Eligibility for promotions or incentives will be outlined in the specific terms and conditions of each campaign. Participation may require compliance with certain criteria, such as proof of residency, submission of verified reviews, or adherence to promotion-specific guidelines.

 

    1. Participation in promotions or incentives is voluntary, and users are not obligated to participate to use the Website or access its Services.

 

    1. We reserve the right to modify, suspend, or terminate any promotions or incentives at any time without prior notice. Any changes will be updated on the Website or communicated directly to participants, as applicable.

 

    1. We may disqualify participants who provide false or misleading information, submit offensive content, or otherwise violate these Terms or the promotion-specific rules.

 

  1. Third-Party Links And Services

 

    1. The Website may contain links to third-party websites, services, or resources ("Third-Party Links") that are not owned or controlled by Beyond the Brick. These Third-Party Links are provided for advertising and informational purposes only. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. Accessing and using Third-Party Links is at your own risk, and we will not be liable for any loss or damage arising from your use of such Third-Party Links.

 

    1. We may integrate or offer access to third-party services or tools through the Website, such as payment processing, analytics, or other features ("Third-Party Services"). These Third-Party Services are provided to you as a convenience, and your use of these services will be governed by the terms and conditions of the respective third parties. We do not control, endorse, or take responsibility for the availability, accuracy, or functionality of any Third-Party Services, and any interaction with such services is solely between you and the third-party provider.

 

    1. Beyond the Brick may, at its sole discretion, remove or modify the availability of any Third-Party Links or Third-Party Services at any time without notice. Beyond the Brick is not responsible for any changes, updates, or discontinuation of Third-Party Links or Third-Party Services.

 

    1. By using the Website, you acknowledge and agree to the inclusion of Third-Party Links and Third-Party Services, and you understand that your interactions with them are subject to the third parties' terms and policies.

 

  1. Indemnity & Liability

 

You agree to defend, indemnify, and hold harmless Beyond the Brick, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

 

      1. your violation of these Terms;

 

      1. your use of the Website, including but not limited to User contributions and reviews;

 

      1. any unauthorised use of the Website’s content and Services; or

 

      1. any reliance on information obtained from the Website.

 

Beyond the Brick acts solely as a facilitator of user-generated reviews and does not create, endorse, verify, or guarantee the accuracy, reliability, or completeness of any reviews posted on the Website. Reviews represent the opinions of individual users and do not reflect the views of Beyond the Brick. Beyond the Brick is not responsible for any claims, damages, or disputes arising from reviews, including but not limited to reputational harm, business losses, or any consequential loss suffered by Developers or other third parties due to negative or unfavourable reviews.

 

To the maximum extent permitted by law, Beyond the Brick disclaims all liability for any indirect, incidental, special, or consequential damages arising from or related to the use of the Website, including loss of revenue, goodwill, profits, or business opportunities, even if advised of the possibility of such damages.

 

  1. Intellectual Property

 

    1. All content on this Website, including but not limited to text, images, reviews, data, software, trademarks, and logos ("Content"), is owned by Beyond the Brick or its licensors and is protected under applicable intellectual property laws.

 

    1. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Content solely for personal, non-commercial purposes. Any unauthorised reproduction, distribution, modification, or exploitation of the Content is strictly prohibited.

 

    1. By submitting any content, including reviews, ratings, or other materials ("User Content"), to the Website, you grant Beyond the Brick a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and commercialize the User Content in connection with operating, promoting, analysing, and improving the platform.

 

Beyond the Brick retains ownership of all anonymized review data and reserves the right to aggregate, analyse, and use such data for research, reporting, and commercial purposes, including providing insights and marketing material to paying clients. Any use or sale of anonymized data will not include personally identifiable information.

 

You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party rights. By submitting User Content, you waive any claims against Beyond the Brick related to its use, modification, or commercialisation of such content in accordance with these terms.

 

Beyond the Brick does not claim ownership of individual User Content; however, by submitting content, you acknowledge that Beyond the Brick has the right to use, display, monetise, and distribute User Content without further obligation or compensation to you.

 

    1. Beyond the Brick’s trademarks, service marks, and logos are proprietary to Beyond the Brick and may not be used without prior written permission. Any third-party trademarks or logos displayed on the Website remain the property of their respective owners.

 

  1. Confidential Information

 

    1. Confidential Information

 

      1. For the purposes of these Terms, "Confidential Information" means all non-public, confidential, or proprietary information disclosed by one Party ("Disclosing Party") to the other Party ("Receiving Party"), whether disclosed orally or accessed in written, electronic, or other form or media, concerning the Disclosing Party's business, Services, or any other information that a reasonable person would understand to be confidential or proprietary.

 

      1. The Receiving Party agrees to:

 

        1. keep all Confidential Information strictly confidential and not disclose it to any third party without the prior written consent of the Disclosing Party, except as required by law or court order;

 

        1. use the Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms; and

 

        1. take all reasonable steps to protect the confidentiality of the Confidential Information, including implementing and maintaining effective security measures to safeguard the information from unauthorised access or use.

 

      1. Confidential Information does not include information that:

 

        1. is or becomes publicly known through no breach of these Terms by the Receiving Party;

 

        1. is already in the possession of the Receiving Party at the time of disclosure without obligation of confidentiality;

 

        1. is obtained by the Receiving Party from a third party who has the right to disclose it without breach of any confidentiality obligation; and

 

        1. is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

 

      1. Upon termination or expiration of these Terms, or upon the Disclosing Party's written request, the Receiving Party shall promptly return or destroy all copies of the Disclosing Party's Confidential Information in its possession, except as required by law or for archival purposes. The Receiving Party shall certify in writing to the Disclosing Party that all Confidential Information has been returned or destroyed, as applicable.

 

    1. Privacy

 

For details on how we collect, use, and protect your personal information, please refer to our Privacy Policy. The Privacy Policy outlines our practices regarding data collection, storage, and usage in accordance with applicable laws and regulations.

 

  1. Dispute Resolution Procedure

 

    1. The Parties must attempt to resolve any dispute that arises from these Terms (“Dispute”) through negotiation. If the Dispute is not resolved within thirty (30) days (or longer period as agreed between the Parties) either Party may resort to mediation. 

 

    1. If the Dispute is not resolved under Clause 13.1 within sixty (60) days (or longer period as agreed between the parties), the parties must refer the Dispute for mediation administered by the Australian Disputes Centre (“ADC”) before having recourse to litigation. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC. The terms of the Guidelines are hereby deemed incorporated into these Terms. 

 

    1. If the Dispute is not resolved under this Clause 13.2 within sixty (60) days after referral (or longer period agreed between the parties) either Party may initiate proceedings in a court.  

 

  1. Force Majeure 

 

Neither party shall be liable for any delay or failure in performing its obligations under these Terms if such delay or failure arises from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government regulations or changes in law, labour strikes, failure of third-party service providers, power or internet outages, or other events of similar nature ("Force Majeure Event"). If a Force Majeure Event continues for more than thirty (30) days, either party may terminate these Terms upon written notice.

 

  1. General

 

    1. Waiver

 

A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.  A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver. 

 

    1. Severability

 

If any provision or part of a provision of these Terms are found to be illegal or unenforceable, that provision or part shall be severed from these Terms. The remaining provisions or parts of provisions shall continue in full force and effect, and the parties shall use reasonable efforts to negotiate a replacement provision that reflects the original intent as closely as possible.

 

    1. Assignment

 

Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other party, except to an affiliate or in connection with a merger or acquisition, provided that the assigning party remains liable for the performance of its obligations.

 

    1. Notices

 

Any notice or communication required or permitted under these Terms must be in writing, legible, and in English, and must be delivered to the receiving party’s nominated email address as specified in these Terms. Notices sent by email are deemed received on the date they are sent, provided no delivery failure notification is received by the sender.

 

    1. Governing Law and Jurisdiction

 

      1. These Terms shall be governed by and construed in accordance with the laws of New South Wales, without regard to conflict of law principles.

 

      1. Each party irrevocably agrees that the courts of New South Wales shall have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or in connection with these Terms, its subject matter, or its formation.

 

      1. If any provision of these Terms is found to be invalid, unlawful, or unenforceable under any applicable law, that provision shall be limited, construed, or, if necessary, severed to the extent required to render it valid. The remaining provisions shall remain in full force and effect.

 

  1. Contact Information

 

If you have any questions, concerns, or require assistance regarding these Terms or the Services provided on this Website, please contact Beyond the Brick at:

 

Beyond the Brick Pty Ltd

Email: info@beyondthebrick.com.au]

Our team will make every effort to respond to inquiries promptly