These Terms explain how KeyHive's services work. KeyHive is a licensed Western Australian real estate service. We provide fixed-fee selling services delivered by licensed agents and supported by AI tools. Key points: you must legally own (or have authority over) any property you list, your listings must be accurate, and although we provide professional guidance you remain responsible for your own decisions on whether to accept offers, sign contracts, and proceed to settlement. Detailed pricing is published at keyhive.com.au/pricing.
This Terms of Service ("Terms") is a legal agreement between you ("User" or "you") and Keyhive.com.au Pty Ltd (ACN 677 972 922, ABN 51 677 972 922) ("Company," "we," "us," or "KeyHive"), a real estate agent licensed in Western Australia. By accessing or using our services or our online platform (together, the "Services" and the "Platform") you agree to be bound by these Terms. If you do not agree, you must not use our Services.
1. Eligibility
Age and capacity. You must be 18 years or older and have the legal capacity to enter into binding contracts. By creating an account or using the Platform you confirm both.
Persons under guardianship or with diminished capacity. If you act under a power of attorney, guardianship order, or similar arrangement, you must tell us and provide the relevant documentation before transacting.
Personal and corporate users.You may use the Platform for yourself or on behalf of a legal entity. If you act on behalf of an entity, you confirm you have authority to bind it, and "you" includes both you and the entity.
Accurate information. You agree to provide true, current, and complete information during registration and on request. If we suspect your information is inaccurate or fraudulent, we may suspend or close your account, subject to our obligations under Section 14.
2. Account Registration and Onboarding
Account creation. You can create a KeyHive account using basic details and a secure password, or via Facebook, Google, or Apple social login. You are responsible for keeping your credentials confidential and for activity under your account.
Social login. If you use a social login, you authorise us to receive basic profile information from the provider. You can disconnect at any time, though you may need to set up alternative login credentials.
Identity verification. As a licensed real estate service we are required to verify the identity of our clients under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and applicable real estate regulations. By creating an account, you consent to KeyHive (directly or through our verification partner) conducting identity checks and you agree to provide documentation as reasonably requested.
One account per person.Don't create multiple accounts for the same person without our permission, and don't share your account. Co-owners of a property should each create their own account; the Platform will link accounts for joint transactions.
Account security. Notify us immediately at support@keyhive.com.au if you suspect unauthorised access to your account. Subject to your rights under the Australian Consumer Law and applicable banking and ePayments codes, we are not responsible for losses caused by your failure to keep your credentials secure.
3. Our Services
KeyHive is a licensed Western Australian real estate agent. Our principal services are:
For Sale by Owner (Essentials): free self-service listing tools with phone support during business hours. You manage your own sale.
Modern Agent Service: a fixed-fee selling service with a dedicated licensed agent throughout your transaction, including home opens, negotiation, and end-to-end transaction management. The service fee is payable on successful settlement. A separate upfront marketing-and-expenses payment (variable, based on services chosen) is paid into our trust account before listing to cover items such as professional photography, signboard, portal listings, and document preparation. Unused funds are returned to you.
Contract Facilitation: for sellers who already have a buyer and need contract preparation and settlement coordination.
Current pricing for each service is published at keyhive.com.au/pricing and confirmed in your service agreement before you commit. Pricing may change from time to time; the price applicable to you is the price set out in your service agreement.
AI-assisted tools. Our agents use AI tools to support market analysis, valuations, content drafting, and strategic insights. AI output is reviewed by a licensed agent before being relied on. AI assistance does not replace professional judgment, and you remain responsible for reviewing any AI-drafted content (such as listing descriptions) before publication.
4. Use of the Services and User Conduct
Lawful use. You agree to use the Services only for lawful purposes and in accordance with these Terms, the Australian Consumer Law, the Real Estate and Business Agents Act 1978 (WA), AML/CTF laws, and other applicable laws.
Prohibited conduct. You must not:
misrepresent your identity, authority, or eligibility to use the Platform, or impersonate any person;
post false, misleading, or defamatory information about a property or any person;
use the Platform for fraudulent, deceptive, or illegal activity, including money laundering or terrorism financing;
circumvent or interfere with the security or integrity of the Platform (for example, by hacking, introducing malware, or unauthorised data scraping);
interfere with other users' access to the Platform or harass, threaten, or abuse any person on it;
upload content that is offensive, obscene, or that infringes third-party rights (including intellectual property rights). You must have the right to upload any photos, descriptions, or documents you provide.
Your content licence. You retain ownership of content you submit (descriptions, photos, comments, documents). You grant KeyHive a worldwide, royalty-free, non-exclusive licence to use, reproduce, format, and display that content for the purpose of operating, marketing, and improving the Services. The licence ends when you remove the content or close your account, except that we may retain backup copies for a limited time and retain transaction records as required by law.
AI-assisted content responsibility. Where our agents prepare content with AI assistance (e.g. listing descriptions, market summaries), we apply professional review before it is used. You should still review final content before publication, and we will reasonably accommodate corrections you request. Nothing in this clause limits our obligations under the consumer guarantees in the Australian Consumer Law.
5. AI Tools and Recommendations
What our AI does. Our agents use general-purpose AI tools (including Google Gemini) to assist with property valuations, market analysis, pricing recommendations, and content drafting. We do not train AI models on your personal information. AI output is reviewed by a licensed agent before being presented to you.
Limitations. AI valuations, pricing recommendations, and market analysis are estimates, not guarantees. Property prices depend on many factors, and no estimate can predict the actual outcome of a sale.
Your decisions remain yours. You are not required to follow any AI-assisted recommendation. You can ask for additional analysis, request manual analysis only, or get independent advice. KeyHive does not warrant any particular outcome.
6. Digital Contracts and Electronic Signatures
Electronic transactions. You agree that contracts, notices, and other documents in your transaction may be created, signed, and delivered electronically, consistent with the Electronic Transactions Act 2011 (WA) and the Electronic Transactions Act 1999 (Cth).
How signing works.We use DocuSign to prepare and deliver transaction documents for electronic signing. You will receive a signing link by email or through the Platform. Signing takes place within the DocuSign environment. DocuSign's own terms of service apply to its service; your obligations and rights under these Terms are not affected by that.
Legal effect of electronic signatures. When you sign a document through DocuSign, your electronic signature has the same legal effect as a handwritten signature consistent with the Electronic Transactions Act 2011 (WA). You agree not to dispute the validity of an electronic signature solely because it is in electronic form.
Identity and intent. Sign documents only from your own account, after reviewing the content. Do not let anyone else sign on your behalf using your credentials except where you have validly appointed them as your authorised representative.
Electronic delivery. You consent to receiving contracts, disclosures, and communications electronically (via the Platform, email, or secure link). Keep your contact details up to date. If you withdraw consent to electronic communications, you will not be able to continue using the Platform for transactions.
Records. Once a contract is fully signed, we will provide an executed copy to each party and archive it within your account.
When wet signatures or witnessing are required. Some documents (for example, certain deeds, statutory declarations, and Transfer of Land documents under the Transfer of Land Act 1893 (WA)) must be witnessed or executed in a specific way that may not be available electronically. Where this is the case, we will tell you and explain the options (including remote witnessing where it is legally permitted). You are responsible for ensuring any witness meets the relevant legal requirements.
7. Offers, Acceptances, and Contract Formation
Offers.A buyer can submit an offer through the Platform by completing the required fields (offer price, conditions, deposit, settlement date, etc.). Submitting an offer is a proposal to contract — it does not create a binding sale.
Confidentiality of offer details.Our licensed agents handle offer communications. We share offer details with the seller and only disclose buyer identifying information to the seller as needed for the transaction or with the buyer's consent.
Negotiations. Counter-offers and revisions can be exchanged through the Platform. Each revision is timestamped. An offer can be set to expire automatically.
Formation of binding contract.Under WA law, an unqualified acceptance of an offer can give rise to a binding contract. When an offer is accepted, our licensed agent prepares a standard WA "Offer and Acceptance" contract using DocuSign templates, which all required parties electronically sign as set out in Section 6. The contract document is prepared from standard WA real estate templates; KeyHive does not draft legal documents. The contract becomes binding when all required parties (and any required witnesses) have signed. You should treat any acceptance you give through the Platform as a step toward a binding contract — if you have doubts, seek independent legal advice before accepting.
No statutory cooling-off period. Western Australia does not have a statutory cooling-off period for residential property purchases. Once a contract has been formed, both parties are bound subject to its conditions.
Conditional contracts. Where the contract includes conditions (finance, building/pest, due diligence), those conditions must be satisfied or waived in accordance with the contract by the deadlines stated. The Platform may help you exchange information, but actual approval, waiver, or termination must be communicated as the contract requires (and usually in writing).
Witnessing of sale documents.The standard WA Offer and Acceptance does not require witnessing of the parties' signatures. Some related documents (for example, the Transfer of Land form) do require witnessing. We will identify documents that require witnessing and help you arrange a compliant process where possible.
No guarantee of sale. KeyHive does not guarantee that any property will receive an offer or that any transaction will complete.
8. Trust Account and Payments
KeyHive operates a real estate agent's trust account in accordance with the Real Estate and Business Agents Act 1978 (WA) and applicable trust account regulations. Client funds we hold are kept separate from our own funds and are managed under the supervision of our licensed agent.
Deposits.When a sale contract requires a deposit, we will provide written bank transfer instructions. Deposit payment is made off-platform by direct bank transfer — the KeyHive Platform does not process deposit payments. Unless the contract or your service agreement specifies otherwise, deposits are paid into our trust account, held in accordance with WA trust account regulations. Do not pay funds to any account that is not specified in our official written instructions. We will never ask you to send funds to a personal account. If you receive a suspicious payment request claiming to be from us, contact us immediately on 0410 631 732 before sending any funds.
Trust account interest. Interest accruing on real estate trust accounts in WA is, by law, payable to a statutory fund that helps compensate consumers in cases of agent default. Neither buyer nor seller receives interest on deposit funds held in our trust account.
Release of deposit. Deposits are released according to the contract terms. If the sale settles, the deposit is applied to the purchase price. If the contract is rightfully terminated under a condition, the deposit is generally returned to the buyer. If the buyer breaches the contract, the seller may be entitled to claim the deposit, subject to the contract and any required procedures. Before releasing trust funds we will require appropriate authorisation (such as a written mutual release signed by buyer and seller, or evidence of contract termination), as required by trust law.
Statutory protection. As a licensed WA real estate agent we are subject to fidelity guarantee arrangements under WA law. In the event of loss caused by fraud or default in our trust handling, affected clients may have recourse through the Fidelity Guarantee Account in addition to direct remedies against us.
Service fees. Fees for our Services are set out in your service agreement and on keyhive.com.au/pricing. Receipts and tax invoices are issued in accordance with Australian taxation law.
9. Service Partners and Integrations
Partner network.We coordinate with independent service partners — including professional photographers, settlement agents, building and pest inspectors, and (on request) mortgage brokers — to support your transaction. These are independent licensed professionals operating under their own terms and professional obligations.
No endorsement of partners.Our referral or integration is not a guarantee of a partner's quality or pricing. We may receive a referral fee, which we will disclose where required by law (including the WA Code of Conduct for Agents and Sales Representatives).
Partner liability.To the extent permitted by law (including the consumer guarantees in the Australian Consumer Law), we are not responsible for services provided by independent third-party partners. Disputes about partner services should be raised with the partner directly. If you experience a problem with a partner introduced through us, please tell us — we take feedback seriously and will consider replacing partners we receive consistent complaints about.
Sharing your information with partners. If you choose to use a partner service, you consent to our sharing the personal information necessary to fulfil your request, as set out in our Privacy Policy.
10. Referral Programme
Overview.KeyHive operates a Referral Programme. Individuals ("Referral Partners") can refer prospective sellers to KeyHive's Modern Agent Service. Referral Partners may earn a financial reward when a referred seller's property settles through KeyHive. Referred sellers may receive a discount on their service fee. Current programme details are at keyhive.com.au/refer.
Eligibility. Open to individuals aged 18 or over. Past KeyHive clients can participate. KeyHive may refuse or revoke participation in its reasonable discretion (for example, where a Referral Partner breaches these Terms).
Referral codes and attribution. Each Referral Partner receives a unique code. Attribution rules:
self-referrals (using the same email or phone number) are not permitted;
if a lead already exists in our pipeline before the code is used, no attribution is created;
each lead is attributed to one Referral Partner only;
attribution applies only to the Modern Agent Service.
Rewards and seller discount.Referral Partner rewards are paid only on successful settlement of the referred seller's property through the Modern Agent Service. The current reward amount is set out at keyhive.com.au/refer. The referred seller's discount is a reduction to the Modern Agent Service fee at settlement, not a separate payment. Reward amounts may change; changes will be communicated to active Referral Partners before they take effect.
Referral Partners are not agents of KeyHive. Participation does not create an employment, agency, partnership, or joint-venture relationship. Referral Partners must not:
hold themselves out as acting for KeyHive or as a licensed real estate agent;
provide real estate advice, valuations, or negotiate for any party;
make representations about KeyHive's services beyond what is publicly available on our website;
engage in conduct that would require a real estate agent's licence under the Real Estate and Business Agents Act 1978(WA), including any conduct constituting "dealing" in real estate (such as inducing a person to enter into a transaction or holding monies for any party).
Disclosure to referred sellers. Before KeyHive accepts an appointment from a referred seller, we will disclose to the seller in writing that the referrer will receive a financial reward on successful settlement, and the current reward amount or range, in accordance with the WA Code of Conduct for Agents and Sales Representatives. The seller must acknowledge this disclosure before we accept the appointment.
Seller discount structure. The seller discount is structured as a reduction to the Modern Agent Service fee, not as a separate cash incentive contingent on future referrals. This structure is intended to comply with the referral selling provisions of the Australian Consumer Law (s 49). The discount has no cash alternative and cannot be transferred.
Tax. Referral rewards may be assessable income. KeyHive does not provide tax advice. You are responsible for declaring rewards and meeting your tax obligations. We may be required to report payments to the Australian Taxation Office.
Programme suspension and changes.KeyHive may suspend or terminate a Referral Partner's participation if they breach these Terms or engage in misleading or harmful conduct. We may modify or discontinue the programme on reasonable notice. Rewards already earned for attributed referrals in progress toward settlement will be honoured, subject to settlement actually occurring.
No guarantee of reward. Participation does not guarantee that any referred seller will list with KeyHive, that any property will sell, or that any reward will be earned.
11. Intellectual Property
Our content.The Platform — including software, text, images, logos, and compilations of property data — is owned by or licensed to KeyHive. We grant you a limited, non-exclusive, non-transferable licence to use the Platform for your own real estate transactions. You may not copy, modify, distribute, or create derivative works from our content without our prior written consent.
Trade marks."KeyHive" and our logos are our trade marks. Other trade marks on the Platform belong to their respective owners.
Your feedback. If you give us suggestions or feedback, we may use them without obligation to you, including without payment or attribution.
12. Disclaimers and Limitations of Liability
This section sets out important limits on our liability. Nothing in this section excludes, restricts, or modifies any consumer guarantee or other right you have under the Australian Consumer Law or any other law that cannot be excluded. Where consumer guarantees apply, your rights under those guarantees prevail to the extent of any inconsistency with these Terms.
Platform availability. We aim to keep the Platform reliable but we do not guarantee it will be uninterrupted or error-free.
No legal, financial, or tax advice.KeyHive is not a law firm, financial planner, or tax adviser. Information on the Platform — including AI-generated content, market analysis, and template contracts — is general information, not advice. For matters outside the scope of our real estate service, get your own professional advice.
Listing accuracy. Property listings are largely user-generated. Buyers should verify important details (dimensions, fixtures, zoning, title) through their own inquiries and inspections before relying on a listing.
Third-party data.We may display data from third parties (mapping services, school catchments, market statistics). We don't control that data and don't guarantee its accuracy.
Indirect loss. To the extent permitted by law, neither party is liable to the other for indirect, special, consequential, or exemplary loss arising from the Services, including loss of profit, data, or business opportunity.
Cap on direct liability.To the extent permitted by law, KeyHive's total aggregate liability to you for all claims arising out of or relating to the Services or these Terms is limited to the greater of: (a) the fees you paid to KeyHive in the 12 months immediately before the claim arose; or (b) AUD $10,000. This cap does not apply to: (i) liability we cannot lawfully limit (including the consumer guarantees in the Australian Consumer Law); (ii) loss of trust funds caused by our breach of trust account obligations; or (iii) liability arising from our fraud or wilful misconduct.
No liability for other users' conduct.Real estate transactions are between buyers and sellers. We facilitate the process but we are not a party to the sale contract between you and another user, and we are not responsible for that other party's performance.
Indemnity (third-party claims).You agree to indemnify KeyHive and our personnel against third-party claims, demands, or costs (including reasonable legal costs) arising from: (a) your breach of these Terms or applicable law; (b) any content you submit to the Platform that infringes a third party's rights or that is materially false; or (c) your wrongful conduct on the Platform. This indemnity does not cover any loss caused by KeyHive's own acts or omissions, and does not apply to the extent that the relevant claim arises from our negligence, breach, fraud, or wilful misconduct. This indemnity survives termination.
13. Service Fees and Pricing
Pricing source of truth. Current pricing for our Services is published at keyhive.com.au/pricing and confirmed in your service agreement. The price applicable to your transaction is the price stated in your service agreement.
Transparent fees. We disclose service fees, marketing-and-expenses costs, and any third-party charges (such as portal listing fees) before you commit. You can ask for a written breakdown at any time.
Payment terms. Modern Agent Service fees are payable on successful settlement. Marketing-and-expenses payments are payable into our trust account before listing. Other fees are payable as set out in your service agreement.
Receipts and invoices. We issue receipts and tax invoices in accordance with Australian taxation law.
14. Suspension and Termination
By you. You may close your account at any time through your account settings or by contacting support@keyhive.com.au. If you have an active listing, contract, or settlement in progress, please complete or formally withdraw before closing your account so the other party is not left in limbo.
Effect on existing contracts.Closing your account does not affect any binding sale contract you have entered into with another party — those obligations continue and must be fulfilled.
Data deletion. To request deletion of personal information held by us (including data received from social-login providers), email privacy@keyhive.com.au from your registered email address. We will verify your identity and respond within 30 days. Some information may be retained where required by law (see our Privacy Policy).
By KeyHive. We may suspend or close your account if we reasonably believe you have materially breached these Terms or applicable law, or if your conduct presents a risk to other users or to the integrity of the Platform. Other than in cases of suspected fraud, threat to safety, or legal requirement, we will give you reasonable prior notice and an opportunity to address the issue before closing your account.
Refunds on termination. If we close your account because of your material breach, fees you have paid for services already performed are not refundable. If we close your account other than for cause, we will refund any prepaid fees for services not yet performed. Nothing in this clause affects your rights under the Australian Consumer Law (including refund rights for major failures of consumer guarantees).
Outstanding transactions.If you are part of an active transaction at the time your account is closed, we will provide reasonable cooperation to transition the transaction off the Platform — for example, by sharing relevant records with your settlement agent.
Survival.Sections that should reasonably survive termination — including Sections 11 (IP), 12 (Liability), 14 (Refunds), 15 (Disputes), and 16 (General) — will survive.
15. Disputes
Talk to us first. If you have a complaint, please email support@keyhive.com.au with the details. We will acknowledge within 5 business days and aim to resolve within 30 days.
Mediation (optional). If a dispute is not resolved, either party may suggest mediation through a neutral WA mediation service. Mediation is voluntary and shared in cost.
Disputes with other users. For disputes between buyers and sellers, you should generally try to resolve the matter directly. We may assist by providing transaction records (subject to privacy law). You can also contact WA Consumer Protection for guidance.
Your statutory rights. Nothing in these Terms restricts your right to seek relief through the courts or tribunals, to contact WA Consumer Protection, or to bring a complaint under the Australian Consumer Law.
Governing law. These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth), as applied in WA) applies.
Jurisdiction. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia. Choosing non-exclusive jurisdiction means you can also sue elsewhere if the law allows.
Injunctive relief. Either party may seek urgent interim or injunctive relief in any court of competent jurisdiction (for example, to prevent unauthorised use of intellectual property).
16. General
Changes to these Terms. We may update these Terms from time to time. For changes that materially affect your rights, we will give you reasonable advance notice (by email or by a prominent notice on the Platform) before they take effect. If a change materially disadvantages you, you may close your account before the change takes effect, and we will refund any prepaid fees for services not yet performed. Continued use of the Platform after a change takes effect means you accept the change.
Severability. If a provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the rest of these Terms continue in force.
No waiver. A failure or delay by us in enforcing a right is not a waiver of that right.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign or novate as part of a corporate transaction on reasonable notice to you.
Entire agreement. These Terms, together with any service agreement, listing agreement, or privacy consent you sign with us, are the entire agreement between you and KeyHive on the subject matter. If a specific signed agreement conflicts with these Terms, the specific agreement prevails to the extent of the inconsistency.
No third-party beneficiaries other than as expressly stated (e.g. KeyHive personnel and affiliates protected under the liability and indemnity clauses).
Relationship of parties. You and KeyHive are independent contracting parties. These Terms do not create an agency, partnership, or fiduciary relationship between us, except where a separate listing or agency agreement does so.
Marketing. We send marketing communications only with your consent, in accordance with the Spam Act 2003 (Cth) and our Privacy Policy. You can unsubscribe at any time.
