SmartHomie terms of use Draft under legal review
Status: plain-words draft, under review by an external Australian lawyer. The bracketed notes in the text show where a legal detail will be confirmed before it is locked. This page is not legal advice.
Plain-language summary: SmartHomie is a Perth property market dashboard that shows you what happened and what is happening with property data. It does not predict prices, it does not value your home, and it does not tell you whether to sell. The dashboard and the weekly email are free. A paid plan adds daily email or SMS alerts. These terms set out, in plain words, what you agree to when you use SmartHomie and what you can expect from us.
1. About these terms
By signing up to or using SmartHomie, you agree to these terms. If you do not agree, do not use it. These terms are between you and the SmartHomie legal entity named below.
SmartHomie is operated by Wakeup Matrix Pty Ltd (ABN 54 660 419 376). Our registered office is Unit 2, 200 Winton Road, Joondalup WA 6027.
In these terms, "we", "us" and "our" mean SmartHomie (Wakeup Matrix Pty Ltd). "You" means the person using SmartHomie.
2. What SmartHomie is
SmartHomie is a live property market dashboard for Perth. It shows the whole market, then your suburb, then a single home, whether it is yours or one you are interested in. A weekly email tells you what changed. A paid plan adds daily email or SMS alerts.
We are funded by our subscribers, not by real estate agents. We do not sell homes, and we are not a real estate agency. We research public property listings and sales across roughly 335 Perth suburbs and generally refresh the numbers daily, subject to source availability.
3. Information, not advice
This rule is important and we state it clearly. SmartHomie shows what happened and what is happening. It never predicts prices, it never values a home, and it never tells you whether to sell, buy or wait. Any question about whether you should sell is yours to answer. Our job is to show you the data, not to give you advice.
You use SmartHomie for information. The numbers are dated. When we do not have a number, we say "data not available" rather than fill the gap. We do not promise that every sale near you will always be shown; we show the sales and listings we track, on the day we first see them.
4. Your account
To use SmartHomie you sign up with an email and complete a short registration step. You give us your email, full name, the street address and suburb of the home you want to follow, and a valid Australian mobile number. You complete a required confirmation of your relationship to that home: either that you own it, or that you are genuinely following it.
- You agree to give us accurate details and to keep them up to date.
- You are responsible for keeping access to the email inbox you signed up with, because we sign you in by emailing a link to it.
- You must be old enough to enter into these terms.
- You must not sign up using someone else's details without their right to do so.
See our privacy policy for how we handle the personal information you give us.
5. The free plan
The dashboard and the weekly email are free. On the free plan you get the whole dashboard. The only thing not included is the daily email or SMS alerts. We describe this as "on the free plan".
6. The paid plan and the free trial
The paid plan adds daily email or SMS alerts: on the day a home near you lists, sells or changes price. ("The day", because our research pass is daily, not continuous.)
The current price is AU$8.90 a month or AU$89 a year. There is a one month free trial, and no card is needed to start it. The dashboard and the weekly email stay free.
- The one month free trial lets you try the paid alerts at no cost. No payment is taken to start the trial. The trial does not turn into a paid plan by itself: if you do nothing, it simply ends.
- After the trial, if you choose to continue, you pick monthly or yearly billing and provide payment details. From then on the paid plan renews automatically at the end of each billing period until you cancel.
- You can cancel at any time, in your account or by contacting us. You keep the paid alerts until the end of the period you have paid for. We will not make it hard to leave, and we will not trap you in the plan.
We do not usually give refunds for a partly used month or year simply because you changed your mind. This does not affect any rights or remedies you have under the Australian Consumer Law or any other law that cannot be excluded. All prices are in Australian dollars and include GST if GST applies, unless we say otherwise.
This clause states our current pricing. We may change our pricing in the future. If we do, we will tell you in the usual way before the change takes effect, and we will honour the terms you already agreed to for the period you have paid for. We do not make a promise that any price will stay the same forever.
[BOARD / LAWYER: insert the payment and billing detail (provider, renewal timing, refund approach for a cancelled paid period, GST treatment) once payment is live. Payment is not live at the time of this draft.]
7. How we describe our data
Every day we research public property listings and sales. We assemble those numbers and show them to you, dated. We treat them as facts about properties, not facts about people. On any property page or in any content we produce:
- We never publish an owner's or occupant's name.
- We never show how many people are watching a single home.
- We never infer or publish a valuation of a home.
- Every property page has an easy way to ask for a correction or removal.
The underlying property facts are public. What we add is the daily assembly and presentation. We do not claim to own the underlying facts, and we name no source for them.
Some data items in the signed-in dashboard come from licensed third party providers. They are shown to you for your own use inside SmartHomie. You must not copy, export, republish or resell them.
[BOARD / LAWYER: if a signed data licence requires named attribution or prescribed wording, add it here.]
8. Using SmartHomie
When you use SmartHomie you agree to a few simple rules:
- You will not use the service to identify, contact or harass the owner or occupant of any property.
- You will not try to scrape, copy in bulk, or resell our assembled data or our content.
- You will not interfere with the service or try to access it in a way we have not provided.
- You will not use it to do anything unlawful.
We may stop or suspend access if these rules are seriously or repeatedly broken. We will act reasonably.
9. Your content
You do not need to post content to use SmartHomie. If you do give us content (for example, a correction or a message to support), you give us permission to use it to run and improve the service and to act on your request. You must not give us content that is unlawful or that belongs to someone else without the right to share it.
10. Our content
The SmartHomie service, its look and feel, and the way we assemble and present the daily numbers are ours. We do not claim to own the underlying property facts. You may use SmartHomie for your own, non-commercial information. You may not copy, resell or rebrand our service or our assembled content without our written permission.
11. Things we are not responsible for
SmartHomie is an information service. To the fullest extent allowed by law:
- We are not responsible for any decision you make based on the information we show, including any decision to sell, buy, hold or borrow against a property. The information is not advice and not a valuation.
- We do not promise the information is complete, that we will never miss a sale, or that it will always be free of error. When we do not know, we say "data not available".
- We are not responsible for the actions of the public sources the property facts come from.
- We are not responsible for events outside our reasonable control.
- To the maximum extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profit, loss of opportunity, loss of data, or business interruption arising from your use of, or inability to use, SmartHomie.
This section is subject to the next section. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
12. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the law allows us to limit our liability, our liability for a problem with the service is limited to supplying the service again, or paying you the cost of having it supplied again. Where the Australian Consumer Law gives you the right to choose a remedy, that choice is yours, and nothing in these terms takes it away. This is a plain-language summary of the approach; the exact wording and any higher limits are matters for legal review.
[BOARD / LAWYER: confirm the liability cap, the exclusion wording that is permitted for this type of service, and whether the re-supply limit is appropriate for a low-cost consumer subscription.]
13. Changes to these terms
We may update these terms as SmartHomie grows. When we do, we will say what changed and when, and we will tell you in the usual way if a change matters to you. If you keep using SmartHomie after a change takes effect, you agree to the updated terms. A change does not apply retrospectively. If a change would materially reduce what you get on a paid plan, or change what you pay, we will tell you before it takes effect, it will apply from your next renewal at the earliest, and you can cancel before it starts without further charge.
14. Ending your account
You can close your account at any time. We may close or suspend an account if these terms are seriously or repeatedly broken, if we reasonably suspect unlawful use, or if we stop offering SmartHomie. If we stop offering the service, we will tell you in advance where we reasonably can, and if we stop offering a paid plan before the end of a period you have already paid for, we will give you a pro rata refund or credit for the unused part.
After your account ends, the parts of these terms that by their nature should continue will keep applying, including those about payments already due, our content, acceptable use, the things we are not responsible for, and the law that applies.
15. Disputes and the law that applies
These terms are governed by the law in force in Western Australia. [BOARD / LAWYER: confirm governing law and jurisdiction.] If there is a dispute, we would like the chance to fix it first, so please contact us before taking it further. Contacting us first is what we prefer, but it does not limit your rights: you can go to Consumer Protection WA, the ACCC, the OAIC or a tribunal at any time.
[BOARD / LAWYER: insert the complaints and dispute escalation pathway, and confirm whether a formal internal-complaints step is required before external escalation.]
16. Contact
If you have a question about these terms, contact us:
Email: support@smarthomie.com.au. Post: Wakeup Matrix Pty Ltd, Unit 2, 200 Winton Road, Joondalup WA 6027.
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