Terms of Service

This Terms of Service ("Terms") is a legal agreement between you ("User" or "you") and Keyhive.com.au Pty Ltd (ABN: 51 677 972 922) ("Company" "we," "us," or "KeyHive"), the provider of the KeyHive real estate technology platform ("Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1. Eligibility

• Age Requirement: The Platform is intended for use by individuals 18 years of age or older. By creating an account or using the Platform, you represent that you are at least 18 years old and have the legal capacity to enter into binding contracts.
• Personal and Company Use: You may use the Platform for yourself or on behalf of a legal entity (such as a company). If you register or use the Platform on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and "you" will refer to both you as an individual and the entity.
• Accurate Information: You agree to provide true, current, and complete information during registration and as otherwise requested on the Platform. If we discover or suspect that your information is inaccurate or fraudulent, we may suspend or terminate your account.

2. Account Registration and Digital Onboarding

• Account Creation: To use certain features, you must create a KeyHive account. You can create an account by providing basic information (such as name, email, and contact details) and setting a secure password, or by using social login options including Facebook, Google, or Apple. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.
• Social Login: When you choose to create an account using social login providers (Facebook, Google, Apple), you authorize us to access basic profile information from your social media account. We only collect the minimum information necessary to create and maintain your account. You can disconnect your social login at any time through your account settings, though you may need to set up alternative login credentials to maintain access to your account.
• Identity Verification: As part of our digital onboarding, you are required to verify your identity. This may include providing personal identification details (e.g. full name, date of birth, address) and submitting copies of identity documents (such as a driver's license or passport). We collect this information in compliance with our legal obligations, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("AML/CTF Act"), which may require us to verify and record identification information. By creating an account, you consent to KeyHive conducting identity verification checks (directly or through third-party verification services) and agree to provide additional information or documentation upon request to facilitate these checks.
• One Account Per User: You must not create multiple accounts for the same person without permission, and you must not share your account with others. Co-owners of a property should each create their own account and complete identity verification; the Platform will link such accounts for joint transactions as needed (e.g. co-owners each must sign documents).
• Security of Account: You are responsible for all activity under your account. Notify KeyHive immediately at our support contact (provided at the end of these Terms) if you suspect any unauthorised access to or use of your account. We are not liable for any loss or damage arising from your failure to secure your account credentials.

3. Permitted Platform Use and User Conduct

• Purpose of Platform: KeyHive provides a digital platform for real estate transactions in Western Australia ("WA"). Users can list properties for sale, browse listings, communicate, negotiate offers, and complete certain transaction steps digitally (including signing contracts). The Platform may also integrate with third-party services (e.g. photography, property inspections, moving services, mortgage brokers) to assist in the buying/selling process.
• Lawful Use Only: You agree to use the Platform only for lawful purposes and in accordance with these Terms. All use must comply with applicable laws and regulations, including Australian Consumer Law, WA real estate regulations, and anti-money laundering laws.
• Prohibited Conduct: You must not:
  • Misrepresent your identity or eligibility to use the Platform, or impersonate any person.
  • Post false, misleading, or defamatory information about a property or a party. All property listings must be accurate and fairly represent the property's features and condition.
  • Use the Platform to engage in any fraudulent, deceptive, or illegal activity, including money laundering or financing of terrorism.
  • Circumvent or attempt to undermine the Platform's security or integrity (for example, by hacking, introducing malware, or data mining in unauthorised ways).
  • Interfere with other users' access or use of the Platform, or harass, threaten, or abuse any other person on the Platform.
  • Upload any content that is offensive, obscene, or violates any third-party rights (including intellectual property rights). You must have the right to upload any photos, descriptions, or documents you add to the Platform.
• User Content Licence: When you submit or upload content (such as property descriptions, photos, or comments) to the Platform, you retain ownership of your content. You grant KeyHive a worldwide, royalty-free licence to use, reproduce, modify (e.g. for formatting or to create derivative displays like video tours), and display your content on the Platform for the purpose of operating and promoting the service. This licence ends when you remove the content or delete your account, except that we may retain backup copies for a limited time and may retain transaction records as required by law.
• AI-Enhanced Content: The Platform may offer AI enhancement of content (for example, improving photos or suggesting descriptive text for listings). You remain responsible for reviewing and approving any AI-generated or AI-suggested content before publishing. We do not guarantee that AI-generated content will be error-free or appropriate, and you use such content at your own risk.

4. AI-Generated Recommendations Disclaimer

• Property Suggestions and Pricing: KeyHive may provide AI-generated recommendations, such as suggested listing prices based on local comparable sales or suggested properties that match a buyer's preferences. These recommendations are for informational purposes only and are not guarantees or professional appraisals. While we strive for accuracy, AI recommendations may not account for all factors and could be inaccurate or incomplete. You should not rely solely on AI-generated suggestions when making real estate decisions. You agree to use your own judgment and, where appropriate, seek independent professional advice (such as engaging a licensed valuer or real estate advisor) before acting on any recommendation.
• No Liability for AI Outputs: To the fullest extent permitted by law, KeyHive disclaims any liability for loss or damage arising from your reliance on AI-generated information or recommendations. All AI tools are provided "as is" and without warranty. We do not guarantee that any predicted outcomes (such as a suggested improvement's impact on property value) will materialise.
• User Control: The Platform typically allows you to edit or disregard AI-provided content. For example, if an AI tool drafts a property description or enhancement, you can revise or remove it. You are ultimately responsible for all content you publish and decisions you make on the Platform.

5. Digital Contracts and Electronic Signatures

• Electronic Transactions: You agree that transactions and communications on KeyHive may occur electronically. Under the Electronic Transactions Act 2011 (WA) and corresponding laws, electronic signatures and electronic forms of contracts are generally recognised as valid and enforceable, provided certain conditions are met. By using the Platform's e-signature features, you consent to the use of electronic records and signatures for all contracts, notices, and other documents related to your transactions.
• Legal Equivalence: When you digitally sign a document via KeyHive (for example, an Offer and Acceptance contract), your electronic signature has the same legal effect as a handwritten signature. Each party signing through the Platform agrees not to dispute the validity or enforceability of electronic signatures on the sole basis that the signature or contract is in electronic form.
• Identity and Intent: The Platform's e-signature process is designed to authenticate the identity of signatories and capture their intent to be bound. You must only sign documents using your own account and signature, after verifying the content of the document. Do not allow anyone else to sign on your behalf using your credentials (except as permitted by law for duly authorised representatives or agents).
• Consent to Electronic Delivery: You consent to receiving all contracts, disclosures, and communications from KeyHive and other parties via electronic means (e.g. via the Platform interface, email, or secure link). It is your responsibility to keep your email address and contact information up to date in your account settings. If you wish to withdraw consent to electronic communications, you must stop using the Platform for transactions (as the service is built on electronic delivery).
• Records and Copies: Once a contract is fully signed by all required parties on the Platform, KeyHive will provide an executed copy to each party (typically via email or download link). We recommend you save a copy for your records. KeyHive will archive the electronic contract within the Platform, and it will be accessible in your account dashboard for reference.
• Exceptions – When Wet Signatures May Be Required: We strive to facilitate all necessary signatures digitally. However, you acknowledge that certain legal documents may not be validly executed electronically under current WA law. For example, some deeds or documents that require witnessing by law might need special handling. If a document must be witnessed or executed in a specific manner (such as in the physical presence of a witness or notary), KeyHive will inform the parties. Where remote or digital witnessing is legally permitted (e.g. via audiovisual link under temporary or permanent WA legislation), the Platform may offer tools to facilitate that process (such as video conferencing and digital witness signatures). Otherwise, the parties are responsible for arranging in-person signing or witnessing off the Platform. KeyHive is not responsible for any document that fails to meet formal requirements if you proceed to sign it electronically against our recommendation.

6. Negotiation and Offer Process

• Offer Submission: Buyers may submit offers on properties through the Platform by filling out the required fields (offer price, conditions such as "subject to finance" or inspections, deposit amount, desired settlement date, etc.). An offer may also include a limited buyer profile introduction (e.g. indicating first-home buyer or investor status) to inform the seller, though personal identifying details may be redacted during initial negotiations for privacy and fairness. Submitting an offer through KeyHive does not instantly create a binding sale contract; it is an offer to contract under specified terms.
• Offer Transparency: By using KeyHive's Platform, buyers acknowledge and agree that all offers submitted on properties will be visible to other prospective buyers. This transparency policy is a fundamental part of KeyHive's commitment to openness in the property market. Offer details that may be visible to other buyers include offer amounts, key conditions, and offer status (e.g. accepted, countered, withdrawn). Personal identifying information of buyers remains protected and is not shared with other prospective buyers without consent. This transparency helps create a fair and competitive market environment where all participants have access to relevant market information.
• Non-Binding Negotiations: All offers and counter-offers exchanged via the Platform are considered part of negotiations and are not legally binding commitments to sell or purchase the property until a final written contract is signed by both parties. The Platform's Negotiation Centre allows sellers and buyers to communicate, counter-offer, and adjust terms. Each revision will be tracked (e.g. Offer 1.0, Counter 1.1, etc.) with timestamps. If an offer is set to expire at a certain time by the party making it, it will automatically lapse if not accepted within that timeframe.
• Acceptance of Offer: A seller can accept an offer through the Platform interface. When an offer is accepted without further changes, KeyHive will generate a formal contract (for example, the standard WA "Offer and Acceptance" agreement) reflecting the agreed terms. The contract will then be routed for electronic signing by both parties as described in Section 5. Note: An acceptance via the Platform is considered an acceptance of the offer's terms in principle; however, the transaction is only finalised and legally binding once the formal contract is signed by all required parties (including any witnesses, if applicable). The parties should promptly execute the contract after an acceptance to solidify the agreement.
• Contract Formation: Upon generation of the formal sale contract, the seller is generally prompted to sign first, followed by the buyer. The order of signing does not affect the binding nature, but all parties (seller(s) and buyer(s)) must sign for the contract to be effective. Once the buyer has applied their signature (and any other required signatories or witnesses have signed), the contract is considered exchanged and legally binding on all parties. The date of the buyer's signature (or the last required signature) will be the contract date, unless otherwise specified in the contract.
• Digital Witnessing in Contracts: Generally, standard contracts for the sale of land in WA (such as the Offer and Acceptance form) do not require a witness for the buyer's or seller's signatures. In the event a particular document in the transaction does require witnessing (for example, certain statutory declarations or deeds related to the transaction), the Platform will attempt to facilitate a compliant process. This may involve a qualified witness joining a video call and electronically countersigning, consistent with WA's laws on remote witnessing if those laws apply. All parties are responsible for ensuring any witness meets legal requirements (e.g. a Justice of the Peace for a statutory declaration) and that the witnessing procedure follows applicable law.
• Conditional Contracts: If the accepted contract includes conditions (finance approval, building/pest inspection, etc.), those conditions must be satisfied by the deadlines in the contract. The Platform may provide features for uploading proof of loan approval or inspection reports to keep both parties informed. Failure to meet conditions can result in the contract being terminated under its terms. KeyHive's role is only to facilitate information exchange; actual approval or waiver of conditions must be communicated as required by the contract and law (and typically confirmed in writing).
• No Guarantee of Sale: KeyHive does not guarantee that any property listed will receive an offer or that any transaction will ultimately close. The success of a sale or purchase depends on the parties reaching agreement and fulfilling all contract conditions. We only provide tools to aid the process.

7. Trust Account and Payments

• Deposit Handling: Real estate sale contracts typically require the buyer to pay a deposit (earnest money). KeyHive will facilitate the deposit process by providing instructions to the buyer on how to pay the deposit into a regulated trust account as required by WA law. In most cases, the deposit will be directed to a licensed real estate settlement agent's trust account, which is an account specifically designated for holding client funds for property transactions. Settlement agents in WA are required to hold and manage trust funds in accordance with the Real Estate and Business Agents Act 1978 (WA) or the Settlement Agents Act 1981 (WA) and related regulations. These laws include safeguards such as auditing requirements and the payment of interest on trust accounts to a statutory fund for consumer protection.
• KeyHive Trust Account (if applicable): In the event KeyHive itself operates a trust account (for example, if KeyHive is a licensed real estate agent in WA and chooses to hold deposits directly), we will comply with all trust account requirements under WA law. This includes segregating client funds from our own, not releasing funds except as authorised by the contract or law, and maintaining insurance or fidelity bond coverage if required. KeyHive will disclose to you if your deposit is to be held in a KeyHive trust account. Otherwise, by default, deposits will be handled by your chosen settlement agent or an agreed third-party trustee.
• Payment Process: Buyers must follow the provided instructions to deposit funds by the deadline specified in the contract (e.g. within a certain number of days of contract signing). Typically, deposits are made via electronic bank transfer to the trust account. The Platform may assist by generating a payment receipt or confirmation once the settlement agent or trustee confirms the funds have cleared. Do not hand over cash or transfer money to any account not specifically designated in the official instructions. KeyHive will never ask you to send funds to a non-trust personal account. If you receive any suspicious payment request, notify us immediately.
• Funds in Trust: Any deposit or other funds held in a trust account are kept for the benefit of the parties to the transaction, subject to the terms of the sale contract. Neither the seller nor the buyer will receive any interest that accrues on the deposit by law, since in WA interest on real estate trust accounts is typically payable to a government-held fund (which helps compensate consumers in cases of agent default). The handling settlement agent (or KeyHive, if holding the trust) is legally responsible for the safekeeping of those funds.
• Release of Deposit: The deposit will be released according to the contract terms. Generally, if the sale completes at settlement, the deposit is applied toward the purchase price. If the contract is terminated rightfully under a condition (for example, the buyer's finance is not approved by the due date, and the contract allows termination), the deposit should be refunded to the buyer in full. If the buyer breaches the contract (for example, wrongfully fails to complete settlement), the seller may be entitled to claim the deposit as forfeited (subject to any required procedures, such as providing notice or obtaining agreement or court order depending on the circumstances). KeyHive or the settlement agent will require appropriate authorisations or documentation (such as a written mutual release instruction signed by both buyer and seller, or evidence of contract cancellation) before releasing funds to either party, to ensure compliance with trust law.
• Liability for Trust Funds: KeyHive's Liability: If KeyHive is not the holder of the trust account (e.g. funds are held by an independent settlement agent or third party), KeyHive is not liable for the performance, insolvency, or any mishandling of funds by that third party. We will use reasonable care in recommending or connecting you with licensed professionals, but we do not guarantee their services. If KeyHive holds the funds, our liability is limited as described in the "Limitation of Liability" section of these Terms and as limited by law; however, we acknowledge that trust funds are held on behalf of others and we have a fiduciary duty to handle them lawfully. We maintain any required insurance or fidelity guarantee to protect against loss of client monies. In the unlikely event of loss or misappropriation of trust funds under KeyHive's control due to fraud or failure on our part, affected users may have recourse through the statutory compensation schemes in WA (for example, claims against the Fidelity Guarantee Account maintained by the government for real estate transactions), in addition to any direct remedies against us as permitted by law.
• Service Fees: Using the Platform might involve certain fees (for example, a commission or service fee for sellers, or fees for optional services like listing enhancements or partner services). All fees will be disclosed upfront either in these Terms, on our website, or during the transaction flow. If any fees are payable to KeyHive, they may be deducted from amounts in trust with proper authority or paid separately as agreed. KeyHive will issue receipts or tax invoices for any fees charged, in compliance with Australian taxation requirements.

8. Third-Party Services and Integrations

• Partner Services: KeyHive integrates or partners with various third-party service providers to offer additional convenience to users. Examples may include: professional photographers or drone videographers for property listings, tradespeople or inspectors (for building and pest inspections or recommended repairs), mortgage brokers for home loan pre-approvals, and moving or cleaning companies for post-sale logistics. While we may refer or introduce these services through our Platform (and you may be able to request or schedule their services via KeyHive), these providers are independent contractors or companies not controlled by KeyHive.
• No Endorsement or Warranty: KeyHive's referral or integration is not an endorsement or guarantee of the third party's quality, reliability, or pricing. We may earn a referral fee or commission from such partners (we disclose any such relationships as required), but we do not accept responsibility for their services. Any service provided by a third party is governed by that third party's own terms of service and privacy policy, and you are encouraged to review those. For example, if you request a building inspection through the Platform, the inspection will be carried out by a licensed inspector under the terms you agree on with them. KeyHive's role is simply facilitating the connection or transaction.
• Limitation of Liability for Partners: To the maximum extent permitted by law, KeyHive disclaims liability for any loss or damage arising from services provided by third parties, even if accessed through our Platform. Any issues or disputes with a third-party provider should be resolved between you and that provider. However, we welcome feedback and will consider removing or replacing partner integrations if users report consistent problems.
• Data Sharing with Partners: If you choose to use a partner service through KeyHive, you consent to our sharing of necessary personal information with that partner. For instance, if a buyer schedules a moving service, we will provide the moving company with the contact and address details needed. We will only share information to the extent needed to fulfill your request and as described in our Privacy Policy (see Privacy Policy – Disclosures to Partner Services for details).

9. Intellectual Property and Platform Content

• KeyHive Content: The Platform (including our website and app) contains content owned by or licensed to KeyHive, such as software, text, images, logos, and compilations of property data. KeyHive retains all rights, title, and interest in this content and the Platform software. You are granted a limited, non-exclusive, non-transferable licence to use the Platform and view content for your personal or internal business use in connection with real estate transactions. You may not copy, modify, distribute, or create derivative works from our content without our prior written consent.
• Trademarks: "KeyHive" and our logos, slogans, or product names are our trademarks. You must not use them without permission. Other trademarks appearing on the Platform (such as names of partner services) are property of their respective owners.
• User Feedback: If you provide suggestions, ideas, or feedback to KeyHive about our Platform or services, we may use it without any obligation to you. You agree that KeyHive may use any feedback you provide for any purpose (such as improving the product or marketing), without compensation or attribution to you.

10. Limitations of Liability and Disclaimers

• Platform "As-I": KeyHive provides the Platform and all services on an "as is" and "as available" basis. While we endeavour to maintain a reliable and secure service, we make no guarantee that the Platform will be uninterrupted or error-free, or that any particular results will be achieved by using it. For example, we do not promise that a property will sell within a certain timeframe or at a certain price, or that every prospective buyer is qualified.
• No Professional Advice: KeyHive is not a law firm, financial advisor, or tax advisor. Any information on our Platform (including AI-generated content, market analysis, or template contracts) is provided for general informational purposes and convenience. It is not legal or financial advice. Real estate transactions carry significant legal and financial consequences, and users should seek appropriate professional advice for matters beyond the scope of our service. Users are responsible for obtaining their own independent legal advice before signing contracts if they desire, and for any tax or financial planning related to the transaction. KeyHive's support team may assist with Platform guidance and basic transaction support, but they do not provide legal advice.
• Listing Data: Property listings and descriptions on KeyHive are primarily user-generated (by sellers) and may also include information from third-party sources (like public records or AI enhancements). We do not independently verify every detail in listings. KeyHive makes no warranty regarding the accuracy or completeness of any property listing or related content provided by users. Buyers should verify important details (e.g. property dimensions, inclusion of fixtures, zoning, title restrictions) through their own inquiries or inspections.
• Third-Party Information: The Platform may display or utilise data from third parties, such as mapping services, school catchment areas, or market statistics. We do not guarantee the accuracy of third-party information and disclaim responsibility for errors in such data.
• Limitation of Liability: To the extent permitted by law, KeyHive (including our officers, directors, employees, and agents) will not be liable for any indirect, special, consequential, or exemplary damages arising from your use of the Platform or any services or transactions facilitated by it. This includes, without limitation, damages for loss of profits, loss of data, business interruption, or property damage.
• Cap on Direct Damages: To the extent permitted by law, KeyHive's total aggregate liability for any claims arising out of or relating to the Platform or these Terms is limited to the greater of: (a) the total fees (if any) you paid to KeyHive in the 6 months preceding the claim, or (b) AUD $500. This limitation applies to all claims of liability, whether based on contract, tort, statute, or otherwise.
• Australian Consumer Law: Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law (ACL). In Australia, our services come with consumer guarantees that cannot be excluded by contract. For example, we guarantee that our services will be provided with due care and skill and that they will be reasonably fit for the purposes disclosed. If we fail to comply with an applicable consumer guarantee, you are entitled to remedies under the ACL, which may include re-performance of services or a refund for major failures. The limitations and disclaimers in this section apply only to the extent permitted by Australian law. No part of these Terms is intended to unlawfully exclude or limit any consumer rights. If you are a consumer as defined under the ACL, and a provision of these Terms would be unlawful under that law, that provision (to the extent of the inconsistency) has no effect, but the rest of the Terms continue to bind the parties.
• No Liability for Users' Conduct: KeyHive is not responsible for the actions or omissions of any buyer, seller, or other third party using the Platform. Real estate transactions are primarily between the buyers and sellers (and any agents or settlement representatives). KeyHive is a facilitator. We do not guarantee that a buyer will complete a purchase or that a seller will consummate a sale. Any disputes between users are to be resolved between those parties (with the assistance of dispute resolution processes described below, if applicable).
• Indemnification: You agree to indemnify and hold harmless KeyHive and our affiliates, officers, employees, and agents from any claim or demand (including reasonable legal fees) made by any third party due to or arising out of: (a) your breach of these Terms or any law, (b) your negligence or misconduct on the Platform, (c) any content you submit or actions you take relating to a property listing or transaction (for example, a misrepresentation in a listing or a breach of contract with another user), or (d) your use of third-party services obtained through KeyHive. This indemnity survives termination of your account or these Terms.

11. Termination and Suspension

• By User: You may stop using the Platform at any time. If you wish to delete your account, you can do so through the account settings or by contacting KeyHive support. Account closure will not affect any binding contracts you entered into with other parties via the Platform; those contracts will remain in force according to their terms, and you and the other party must fulfill any outstanding obligations (for example, completing settlement). If you are a seller who has an active listing or a buyer in an ongoing negotiation, we encourage you to see those through or formally withdraw from them before deleting your account to avoid confusion.
• Data Deletion: If you created your account using social login (Facebook, Google, Apple), you have the right to request deletion of all personal data we collected from these platforms. To request deletion, email us from your registered email address at privacy@keyhive.com.au. We will verify your identity and process deletion requests within 30 days, in compliance with social platform policies and applicable data protection laws.
• By KeyHive: We reserve the right to suspend or terminate your account or access to the Platform at our discretion if we believe you have violated these Terms, violated applicable law, or engaged in behaviour that is harmful to other users, us, or the integrity of the Platform. We may also suspend the Platform in whole or in part for all users in the event of security issues, maintenance, or other circumstances. We will endeavour to give you notice (e.g. via email) of any suspension or termination of your account, but in serious cases (such as fraud or threats to others) we may do so immediately without notice.
• Effect of Termination: Upon termination of your account, your right to access the Platform will cease. However, any data or records relating to past transactions may be retained by KeyHive as required by law or our record-keeping policies (see Privacy Policy for data retention practices). Sections of these Terms that by their nature should survive termination (such as Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law) will survive.
• Outstanding Transactions: If at the time of termination you are party to a pending real estate transaction facilitated by KeyHive, we may, at our discretion, provide reasonable cooperation to transition the transaction off the Platform. For example, we might coordinate with your settlement agent or the other party to ensure all necessary documents are exchanged outside the Platform. However, KeyHive will not be responsible for completing any transaction obligations on your behalf after termination.
• No Refunds: If your account is terminated due to a breach of these Terms, you will not be entitled to any refund of fees you have paid. If we terminate without cause and you have prepaid for services not yet rendered, we will refund any unused portion.

12. Dispute Resolution

• Internal Resolution: If you have a complaint or dispute regarding KeyHive's services or these Terms, you agree to first contact us at our support or legal contact (provided below in these Terms or on our website) and give us an opportunity to resolve the issue. We will engage with you in good faith and try to resolve the matter through our internal complaint handling process. Please provide all relevant information and a clear description of your concern to help us address it efficiently.
• Mediation (Optional): If a dispute between you and KeyHive cannot be resolved through good-faith negotiations within a reasonable time (for example, 30 days), either party may suggest mediation. Mediation is a voluntary process where an independent mediator helps parties reach a resolution. If both parties agree, we can attempt to resolve the dispute through a neutral mediation service in Western Australia. Costs of mediation would typically be shared equally. Mediation is not mandatory – it is an option if both sides consent.
• Other Avenues for Disputes with Users: This clause addresses disputes with KeyHive (the company). If your dispute is with another user (e.g. a buyer or seller), we encourage you to resolve it between yourselves. KeyHive may assist by providing transaction records or communications history if needed (subject to privacy laws). You may also seek assistance from consumer protection authorities for disputes with another party (for example, a buyer could contact WA Consumer Protection if they believe a seller misled them, or vice versa). KeyHive is not formally a party to the sale contracts between users, so our role in user-to-user disputes is limited.
• Legal Proceedings and WA Consumer Law: You are not required to use mediation or other dispute resolution before pursuing legal remedies. Nothing in these Terms restricts your right to seek relief through Western Australian courts or applicable tribunals. For example, consumers can contact the Department of Mines, Industry Regulation and Safety – Consumer Protection in WA for guidance, or file a claim in the Magistrates Court for consumer/trade disputes if appropriate. We emphasise that these Terms do not remove any rights you have under WA consumer protection laws to resolve disputes or seek remedies.
• Governing Law: These Terms, and any disputes arising out of or relating to them or the Platform, are governed by the laws of Western Australia and the Commonwealth of Australia (as applicable). This includes without limitation the Australian Consumer Law (WA) and relevant real estate legislation of WA.
• Jurisdiction: Any court action to enforce or interpret these Terms or related to the use of the Platform shall be commenced in the courts of competent jurisdiction in the State of Western Australia. Both you and KeyHive agree to submit to the exclusive jurisdiction of the courts of Western Australia for any litigation, and waive any objection to proceedings in those courts on the grounds of venue or that the forum is inconvenient.
• Injunctive Relief: Notwithstanding the above, either party may seek interim or injunctive relief in any court of competent jurisdiction (for example, to prevent unauthorised use of intellectual property or confidential information) if such relief is necessary to prevent immediate and irreparable harm.
• Time Limit on Claims: To promote timely resolution, any claim or cause of action by you against KeyHive arising from your use of the Platform or these Terms must be filed within one (1) year after such claim arose; otherwise, it is forever barred. (This does not apply to consumers in relation to any consumer law claims which by law cannot be barred by a contractual time limit.)

13. General Provisions

• Amendments to Terms: KeyHive may update or modify these Terms of Service from time to time. We will provide notice of material changes (for example, by email notice or by posting a prominent announcement on our site). The latest version of the Terms will always be available on our website with the "Last Updated" date at the top. By continuing to use the Platform after any changes become effective, you agree to be bound by the revised Terms. If you do not agree to the changes, you must stop using the Platform and, if applicable, terminate your account.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be severed or limited to the minimum extent necessary, and the remainder of the Terms will remain in full force and effect.
• No Waiver: If KeyHive fails to enforce any right or provision of these Terms, it does not mean we have waived our right to enforce it in the future. A waiver of any provision will be effective only if in writing and signed by KeyHive.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. KeyHive may assign or transfer its obligations under these Terms as part of a merger, acquisition, sale of business or assets, or by operation of law, by providing notice to you. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.
• Entire Agreement: These Terms, together with any additional agreements or addendums you may enter into with KeyHive (such as a listing agreement for sellers or any privacy consent), constitute the entire agreement between you and KeyHive regarding the Platform. They supersede all prior or contemporaneous understandings on the same subject matter. In the event of a conflict between these Terms and any agency agreement or specific written contract between you and KeyHive, the terms of that specific agreement will prevail to the extent of the inconsistency.
• No Third-Party Beneficiaries: Except as expressly provided (e.g. KeyHive affiliates and personnel are protected by the Limitation of Liability and Indemnity clauses), these Terms do not confer any rights or remedies on any person other than the parties to this agreement.
• Relationship of Parties: You and KeyHive are independent contracting parties. These Terms do not create any agency, partnership, joint venture, or fiduciary relationship between you and us. If you are a seller using KeyHive's platform, you may have a separate agency agreement with KeyHive or a related licensed real estate agent—any such relationship will be governed by that agreement and applicable law, not by these general Platform Terms alone.
• Contact Information: If you have any questions or need to contact us for any reason, you can reach KeyHive at:
  General Enquiries: support@keyhive.com.au
  Accounts: accounts@keyhive.com.au
  Admin & Legal: admin@keyhive.com.au
  Feedback/Ideas: ideas@keyhive.com.au
  Careers: careers@keyhive.com.au
  Founder Contact: aaron@keyhive.com.au
  Phone: 0410 631 732
  Mail: Suite 3344, Shop 22, 816 Beeliar Drive Success WA 6164

By using the KeyHive Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.