Gumtree AU Pty Ltd (ACN 616 996 840)

Effective: 12 October 2026

Previous Terms of Use can be found here. For existing users of the site, these Terms of Use remain in effect until 12 November 2026. During this time the previous version continues to apply.

Key Things to Know

This is a plain-English summary. It is provided to help you understand the Terms. It does not replace them, and the full Terms below prevail if there is any inconsistency.

• Gumtree is a classifieds platform. We connect Buyers and Sellers, but we are not a party to your deals with other Users.

• Most Listings are free; some are paid. Posting a paid Listing or paid feature costs the price shown on the Platform at the time.

• You must be 18+ to use Gumtree, provide a valid Australian mobile number, and only have one Account (with limited exceptions).

• The Australian Consumer Law applies. Nothing in these Terms takes those obligations or rights away.

• When you post Content, you keep ownership but give us a broad, transferable licence to use and commercialise it (including for AI training). Private messages between Users are treated differently; we don’t use that content for general AI training or commercial purposes.

• Be safe. Inspect before you buy. Meet in public. Don’t share bank or ID details with other Users.

• If something goes wrong, contact the other User first, then Customer Service. Mediation is required before suing another User or Gumtree, except for urgent matters or ACL/regulatory complaints.

• Some moderation, fraud and suspension decisions are partly automated. You can ask us to have a person review a decision.

• Defined terms used in these Terms are set out in Schedule 1 at the end.

About these Terms

Gumtree is an Australian online classifieds platform that connects people who want to buy, sell, rent, hire or work with each other. These Terms set out the rules for using Gumtree.

These Terms are a contract between you and Gumtree AU Pty Ltd (ACN 616 996 840)      (Gumtree, we, us, our). These Terms include our Posting Policy, Privacy Policy and Cookies Policy.      

These Terms apply to your use of our entire Platform, which includes:

• the Gumtree website at gumtree.com.au (including all subdomains);

• the Gumtree iOS and Android mobile apps; and

• any application programming interface (API) or other service we make available.

These terms do not apply to businesses that buy advertising products or services from us (including Car Dealer Packages, Recruiter and Employer packages, Display Ads and any other business-to-business product). Those customers are governed by separate written agreements with Gumtree in relation to the products they buy from us. These Terms still apply to consumers who interact with those businesses on the Platform.

How to accept these Terms. By creating a Gumtree account or otherwise ticking to indicate your acceptance, you confirm you have read and agree to these Terms, including our Posting Policy, our Privacy Policy and our Cookies Policy. If you do not agree to these Terms, do not use the Platform. By ticking the box to agree to these Terms, or otherwise continuing to use the Platform after becoming aware of these Terms, you will be deemed to have agreed to these Terms.

Changes to these Terms. We may change these Terms from time to time by notice to you on the Platform. For any material adverse change, we will give you at least 30 days’ notice before the change takes effect, by email to your registered email address. Changes required to comply with law, or that are non-material or purely operational, may take effect on a shorter notice period or immediately. You may close your Account before a material change takes effect. Your continued use of the Platform after a notified change takes effect, constitutes your acceptance of the updated Terms.

1. Our role

Gumtree is a classifieds platform. We provide the Platform merely to facilitate Exchanges between Users; we are not a party to any Exchange between Users. When you buy, sell, rent, hire or deal with another User, you are dealing directly with that User.

We do not:

• own, inspect, warrant, endorse or guarantee any Goods, Services, Real Property or Jobs advertised in a Listing;

• verify the identity, credentials, licences or statements of any User (except for basic checks we may choose, or are required by law, to perform);

• act as agent for any User; or

• offer refunds, returns, replacements or guarantees for any Exchange.

Some Users on the Platform are businesses (for example, licensed motor dealers, real estate agents and recruiters). Businesses must comply with the laws that apply to them.

Sellers acting in trade or commerce. Any Seller who is acting in trade or commerce (including a Dealer, a real estate agent or other business Seller) is subject to the Australian Consumer Law (ACL), including the consumer guarantees, regardless of the category in which the Listing is posted, the type of Account used, or how the Listing is described. A Seller cannot avoid the consumer guarantees by listing as a private seller, by using a private Account, or by relying on "as is" or "buyer beware" wording. Where applicable, the ACL applies to that Exchange and nothing in these Terms excludes, restricts or modifies those rights.

2. Your account

2.1 Eligibility

To create an Account, you must:

• be at least 18 years old. We may add age-verification steps in future, including to comply with any minimum-age, age-assurance or online-safety laws that apply to the Platform;

• be able to enter into a legally binding contract in Australia;

• provide a valid Australian mobile phone number (which we will verify when you register and from time to time as a security measure); and

• provide accurate, current and complete information about yourself.

Safety for younger users. The Platform is not designed for, or directed at, people under 18. If you are under 18, do not create an Account. If you become aware that a person under 18 is using the Platform, please report it through Customer Service. The safety guidance in clause 4.2 about meeting other Users in person applies to everyone. Please take particular care if you are buying or selling on behalf of a household that includes minors.

2.2 One account only

You may only have one Account. You must not register additional Accounts using other email addresses, phone numbers or identities.

If you need more than one Account for a legitimate reason, for example, where two or more adults in the same household share a device or phone number, or where you want to keep personal and small-business activity separate, you may ask us for permission. We will consider your request in our absolute discretion.

2.3 Keeping your account secure

You are responsible for:

• keeping your password, mobile device and verification codes secure;

• all activity that occurs under your Account; and

• notifying us immediately if you suspect unauthorised use of your Account.

Until you notify us, you remain responsible for any unauthorised activity on your Account.

2.4 Suspension and termination

We may suspend, restrict, remove features from or terminate your Account, or remove any Listing, if we reasonably believe that:

• you have breached these Terms, the Posting Policies or any applicable law;

• your conduct poses a risk to other Users, to Gumtree, or to the safety or integrity of the Platform; or

• a regulatory, law enforcement or dispute resolution body has required us to do so.

Proportionate response (Account-level action). For Account-level action (suspension, restriction or termination of your Account), and except for the immediate-action cases described below, we will use a graduated approach where reasonably practicable: warning, then restriction of features, then suspension, then termination. 

We may take immediate Account-level action (including immediate suspension or termination, without prior warning) where the breach involves safety, fraud, illegality, a serious or repeated breach, or where required by law or a regulatory or law enforcement body. 

This proportionate-response approach applies to Account-level action only. Moderation of individual Listings (including removal, hiding or editing of a Listing) is dealt with in clause 3.3 and may occur at any time, with or without notice.

Where practicable, we will tell you the reason for any action under this clause, however we may take any such actions without prior notice to you. We may decline to give reasons if doing so would prejudice an investigation, breach a law, or put any person’s safety at risk.

2.5 Appeals

If your Account is suspended or terminated, or your Listing is removed, you can appeal by contacting Customer Service within 30 days of the decision. We will review the appeal in good faith and respond within a reasonable time. Appeals do not pause the original decision. Where an appeal is successful, we will restore your Account or Listing as soon as reasonably practicable. Where the appeal relates to a paid Listing, clause 5.1 (Refunds) also applies.

2.6 Closing your own account

You can close your Account at any time through the Platform or by contacting Customer Service. We may retain information about your Account and your Content after closure for as long as we reasonably need to, for legal, regulatory, dispute resolution, fraud prevention or legitimate business purposes, in accordance with our Privacy Policy.

2.7 Automated decisions and human review

Some of our decisions about Listings, Content, Accounts and Users, including content moderation, fraud detection, risk scoring, and Account suspension or restriction, are made wholly or partly by automated systems. If you have been materially affected by a decision that you believe was made by an automated system, you may ask us to have a person review it by contacting Customer Service. We will review the request in good faith and within a reasonable time. This right of human review sits alongside, and does not replace, the appeal rights in clause 2.5 or any rights you may have from time to time under the Privacy Act or other law.

3. Posting a Listing

3.1 Posting Policies

All Listings must comply with these Terms and with our Posting Policies. The Posting Policies set out what can and cannot be posted, category rules, image guidelines and other requirements.

We may update the Posting Policies from time to time. Non-material or operational updates (for example, clarifications, formatting, or category-specific guidance) take effect when posted on the Platform. For any material adverse change to the Posting Policies, we will give the same notice as for changes to these Terms (see the Changes to these Terms section above).

All Content you upload in a Listing is provided in accordance with clause 7.

3.2 Accurate, honest Listings

If you post a Listing, you must:

• describe the Goods, Services, Real Property or Job accurately, completely and honestly;

• disclose any defects, damage, limitations or special conditions;

• keep detailed evidence of the condition of the Goods at the Seller’s last point of contact with the Goods prior to Exchange. This includes descriptions and photos of any existing wear and tear or damage that has been disclosed to the Buyer prior to Exchange.

• use images that fairly represent what is being offered;

• only post Listings that you are legally entitled to post and that relate to items you own or are authorised to sell, let or advertise;

• comply with all laws applicable to the Listing (including the ACL, Employment Laws, Animal Protection Laws, Tenancy Laws, conveyancing laws, AML/CTF Laws and any licensing requirements); and

• set the price or fee in Australian dollars.

If you are a Seller acting in trade or commerce, you must comply with the Australian Consumer Law, including the consumer guarantees. You must not misrepresent the origin, quality, age, standard, grade, value or any other material feature of what is being offered. The consumer guarantees cannot be excluded, restricted or modified, including by these Terms.

3.3 AI-Assisted Listing Tools

Gumtree may offer AI-assisted tools to help you create or improve your Listing, including tools that generate item descriptions or provide pricing guidance based on available data, or any other listing attributes (AI Tools). Content generated by AI Tools is provided as a starting point only. It is not verified by Gumtree, does not constitute professional advice, and may not accurately reflect the item you are listing.

By publishing a Listing that includes AI-generated Content, whether accepted as generated or edited, you confirm that you have reviewed that Content and that it accurately describes the item being offered. Your obligations under clause 3.2 (Accurate, honest Listings) apply in full to any content you publish, regardless of whether it was AI-generated.

Pricing guidance provided by AI Tools is indicative only, based on available listing data at the time of generation, and may not reflect current market conditions, your item's actual condition, or its true market value. It is not a professional valuation and must not be represented as one.

Gumtree accepts no liability for loss or damage arising from your or any third party's reliance on AI-generated content or pricing guidance. Nothing in this clause limits your rights under the ACL.

3.4 Product safety and recalls

It is your responsibility to ensure that any products you list or sell on the Platform are safe and compliant with applicable product safety and consumer protection laws, including being aware of any product recalls or safety warnings. Where products you have listed or sold are subject to a recall, you must take appropriate action, including removing the Listing and notifying any Buyers, in accordance with relevant laws and regulatory guidance.

3.5 Moderation

We may (but are not required to) review, moderate, reject, edit, hide or remove any Listing or other Content at any time, with or without notice. Some Listings are reviewed before they are published, some are reviewed after publication, and some are not reviewed at all. Any User may report a Listing for review under clause 9.

3.6 Communications and negotiation

You must communicate with other Users through the Platform’s messaging features. Do not use auto-responders, bots or other automated tools to post Listings or send messages, unless we provide those tools.

Messages between Users are routed through the Platform so that personal contact details (including phone numbers and email addresses) are not shared unless a User chooses to share them. You are responsible for what you choose to share with other Users.

3.7 Agreeing to transact

If two Users agree to the terms of a Listing, a contract is formed between them, not with Gumtree. That contract sets out the price, any agreed delivery or performance terms, and any other matters they agree. These Terms do not override or replace the Users’ own agreement, except where we provide specific rules (for example, about payment through Gumtree Pay).

4. Buying and selling: general rules

4.1 Inspect before you buy

Buyers should carefully read the Listing and, where possible, inspect the Goods or Real Property in person or obtain independent professional advice before paying. Online purchasing carries risk, and Gumtree does not provide buyer or seller protection unless specifically stated.

4.2 Meeting safely

When meeting another User in person, Buyers and Sellers should:

• meet in a public place during daylight hours where possible;

• bring a friend or family member;

• not share bank account, credit card or identity details with another User; and

• keep all messages on the Platform, so there is a record.

4.3 Off platform delivery

Gumtree recommends using Gumtree functionality, including Gumtree Pay and shipping processes, for all Exchanges, to reduce your risks. If Goods are to be delivered without using any Gumtree shipping functionality, the Buyer and Seller must agree who pays for delivery and the delivery method before payment. Sellers must use a reputable delivery service and provide tracking. Title to Goods passes to the Buyer on payment in full. Risk of loss or damage passes on delivery. 

4.4 Consumer rights

If the Seller is acting in trade or commerce, the consumer guarantees under the ACL apply to a sale to a consumer. Those rights cannot be excluded. This means the      Buyer may be entitled to a repair, replacement, refund or compensation from the Seller in certain circumstances. Sellers who are not acting in trade or commerce (typically, private sellers of second-hand Goods) are not usually subject to the full consumer guarantees, but they must still not mislead Buyers about the condition of what is being offered.

Gumtree is not a party to the sale contract. Gumtree is not responsible for providing a refund, repair or replacement, or for enforcing the rights of Buyers against Sellers.

5. Fees and payment

5.1 Gumtree Fees

Creating an Account is free. Some Listings are free to post and others attract a Fee. The Fee payable for a paid Listing, and for any paid feature (for example, bumping or featuring a Listing), is the amount displayed on the Platform at the time you post the Listing or add the feature. All Fees shown on the Platform are in Australian dollars and include GST where applicable.

Fees are charged as one-off purchases (not subscriptions). We may change our Fees at any time. Changes to Fees apply to Listings posted after the change takes effect. We do not retrospectively change the Fee for a Listing that has already been paid for.

Refunds. Fees paid to Gumtree are non-refundable, except:

• where required by law, including under the ACL;

• where we remove a paid Listing for reasons that are not attributable to a breach of these Terms or the Posting Policies by you; or

• at our discretion.

Where we remove a paid Listing because you have breached these Terms or the Posting Policies, we may decline to provide a refund.

5.2 Payment to Gumtree

You can pay Fees using the payment methods we make available on the Platform, including credit and debit cards and other methods offered through our Payment Provider. You authorise us (and our Payment Provider) to charge the payment method you select for the Fees you agree to pay.

5.3 Payment between Users

The price for an Exchange is agreed between the Users. Payments between Users may be made:

• through Gumtree Pay, our in-platform payment service operated with our third-party payments partner (our Payment Provider), which supports methods including credit and debit cards, PayPal, BPAY, PayID, Apple Pay and Google Pay. The current Payment Provider is identified on the Platform and may change from time to time;

• by bank transfer, where the Buyer and Seller agree; or

• in cash, in person, for second-hand Goods only. Cash must not be used to pay for a Job (where wages must be paid in accordance with Employment Laws).

5.4 Gumtree Pay and our Payment Provider

If you choose to use our third party payment providers:

• you will require an account and you will be prompted to agree to the terms and conditions of the third party payment provider, including their refunds policy and privacy policy;

• you must provide all information (including all Know Your Customer (KYC) information) requested within 30 days;

• we may charge fees for using our third party payment provider functionality, including for Buyers a surcharge of the transaction cost or a platform fee, and for Sellers a withdrawal fee – or as set out on our Website from time to time;

• we may direct the third party payment provider to settle the funds owed to sellers in accordance with the agreed split of fees as above and as set out on our Website in more detail at the time of Exchange;

• there may be reasonable delay in settlement of funds due to the third party payment provider and reasons beyond Gumtree’s control (in most cases the delay will be 24 hours but may be longer);     

• any such fees will be non-refundable including where the Fee is refunded; and

• we may change our third party payment provider options at any time.

If a payment through Gumtree Pay is subject to a Reversed Payment, the Seller is responsible for the amount of the Reversed Payment. We may offset Reversed Payments against amounts payable to the Seller from other Exchanges, deduct them from a payment method linked to the Seller’s Account, or recover them as a debt.

Some third-party payment methods (for example, PayPal) offer "buy now, pay later" arrangements. Those arrangements are between the User and the third-party provider, not Gumtree. Gumtree has no involvement in, and is not responsible for, those arrangements.     

If you use Adyen Australia Pty Ltd ABN 55 162 682 411 (Adyen) to make payments on Gumtree:

• you agree to Adyen’s Terms and Conditions accessible here: https://www.adyen.com/legal/terms-and-conditions and their Prohibited and Restricted Products List accessible here: https://www.adyen.com/en_AU/legal/list-restricted-prohibited, which Adyen may update with 45 days’ notice to you;

• you will designate Gumtree as your authorised representative with Adyen;

• Adyen may discontinue any payment methods or currency support by providing you with 30 days’ written notice; and

• if wallet functionality is available and you choose to use it, Adyen will hold your funds (and not Gumtree) which may be spent on Gumtree Goods or be paid out to you if requested by you.

5.5 Chargebacks and refund disputes

If a User is not satisfied with Gumtree’s or the third party payment provider’s (as applicable) resolution of the refund claim, the User must follow the disputes process in clause 10. Before submitting a chargeback to the Buyer’s credit card company, the Buyer must first follow the process in this clause and attempt to determine a suitable outcome with the Seller. 

If the Buyer submits a chargeback, the chargeback will be processed by our third party payment provider and their decision on the appropriate outcome will be final. Gumtree does not represent or warrant that any chargeback lodged by the Buyer will be successful.

In the event a chargeback is lodged, the Seller must promptly provide Gumtree with all information and evidence required to dispute such chargeback. 

If the chargeback claim is successful, Gumtree will either:

• deduct the chargeback amount from any funds held in the Seller’s Account, including deducting any such amount from any authorised payment method linked to the Seller’s Account (even if this results in placing the Seller’s Account into negative balance); or

• pursue the chargeback amount as a debt due and payable to Gumtree through any available legal process, including third party debt collectors at the Seller’s cost and/or appropriate courts; or

• pursue any other means legally available to Gumtree.

If the chargeback claim is not successful, the chargeback will not be processed.     

5.6 Shipping

For any Goods that are shipped using Gumtree Pay, please refer to our Gumtree Shipping Terms.

6. Category-specific rules

The rules in this clause 6 apply in addition to the rest of these Terms. If there is any inconsistency, the category-specific rules prevail for that category.

6.1 Vehicles

This clause applies to Listings for Vehicles.

Dealers. Vehicle Dealers must use the Platform under a separate business agreement with Gumtree and must comply with that agreement, the laws that apply to licensed motor dealers (including statutory warranty regimes, cooling-off rights where applicable, and licensing requirements), and the ACL. A Dealer who posts a Listing on the Platform without a current Dealer agreement, or who posts in a private-seller category, is in breach of these Terms by failing to use the required Dealer agreement and we may cancel the Dealer’s account. The Dealer remains bound by these Terms as a User, and remains a Dealer for the purposes of these Terms regardless of how they list. The Dealer continues to be bound by the ACL (including the consumer guarantees) in their dealings with Buyers, regardless of how the Listing is described.

Private sellers. If you are a genuine private seller (not acting in trade or commerce), you must:

• be the legal owner of the Vehicle and be entitled to sell it;

• comply with the rules we apply in your state or territory on the number of Vehicles you may sell on Gumtree each calendar year;

• disclose any known defects, accident history or other matters that may affect value, safety or roadworthiness;

• disclose whether the Vehicle has finance, a security interest, or any other encumbrance;

• state clearly whether the Vehicle is sold with a current registration and roadworthy/safety certificate (where required in your state or territory); and

• not represent that the Vehicle has features, capacities, warranties or a service history that it does not have.

Buyers. Where a Seller is genuinely a private seller (not acting in trade or commerce), the consumer guarantees under the ACL may not apply to the sale. If the Seller is in fact acting in trade or commerce (including a Dealer who has listed in a private-seller category), the ACL applies regardless of how the Listing is described. Before buying a Vehicle, we strongly encourage Buyers to:

• obtain an independent pre-purchase inspection;

• check the Personal Property Securities Register (PPSR) and state registration and encumbrance databases;

• verify the Seller’s identity against the registration papers;

• test drive the Vehicle and be wary of any Seller or Listing encouraging you to purchase a Vehicle without test driving that Vehicle regardless of the urgency or inconvenience of your circumstances; and

• arrange appropriate insurance before taking possession.

Vehicles carry inherent risks, including road accidents and personal injury. Gumtree is not responsible for the condition, roadworthiness or safety of any Vehicle. Our liability is limited under clause 12.

6.2 Pets

This clause applies to Listings for Pets.

If you sell, rehome or advertise a Pet, you must comply with all Animal Protection Laws and any breeding, micro-chipping, registration, identification or welfare requirements in your state or territory. This includes, as applicable:

• in New South Wales, including your Breeder Identification Number (BIN) or Rehoming Organisation Number (RON) in the Listing, and complying with the Companion Animals Act 1998 (NSW) and the NSW breeder code of practice;

• in Victoria, including your source number in the Listing, and complying with the Domestic Animals Act 1994 (Vic);

• in Queensland, including a supply number (where required) and complying with the Animal Management (Cats and Dogs) Act 2008 (Qld);

• in South Australia, including your Breeder Registration Number (BRN) in the Listing, and complying with the Dog and Cat Management Act 1995 (SA);

• in all states and territories, complying with minimum age requirements (including not selling dogs or cats under 8 weeks old) and any restrictions on breed, de-sexing, vaccination and micro-chipping.

You must not advertise a Pet for sale, rehoming or giveaway that:

• is a restricted or declared breed, or is otherwise prohibited from being sold in your jurisdiction;

• is being sold for fighting, research or any illegal purpose; or

• has not been lawfully obtained or is not yours to sell.

Buyers of Pets must inspect the Pet, obtain all required documentation (including micro-chipping, vaccination and health records) at the time of collection, and comply with all laws about keeping the Pet. Once you take possession of a Pet, you are responsible for its welfare. We strongly encourage Pet owners to obtain Pet insurance.

6.3 Real Property

This clause applies to Listings for Real Property for sale, rent or lease (including residential, commercial and other sub-categories).

Sellers and landlords. If you offer Real Property for sale, rent or lease, you represent and warrant that:

• you are the owner or are authorised by the owner (or, if you are a real estate agent, you have a valid agency agreement);

• you hold all required licences (including a real estate agent’s licence if you are acting as an agent);

• you comply with all conveyancing laws, Tenancy Laws and disclosure requirements in the state or territory where the Real Property is located;

• any advertised price, rent or estimated selling price is accurate, reasonable and not misleading, and complies with anti-underquoting laws (including the Property and Stock Agents Act 2002 (NSW), the Estate Agents Act 1980 (Vic), the Property Occupations Act 2014 (Qld) and equivalents in other states and territories);

• for rental properties, the Real Property is fit for habitation and meets minimum standards in the applicable Tenancy Laws; and

• where you are a reporting entity under the AML/CTF Laws, you comply with your obligations under those laws, including any customer due diligence and reporting obligations (noting that AML/CTF obligations are being extended to certain real estate services).

Buyers and renters. Buyers and renters should inspect the Real Property in person, obtain independent legal advice (from a licensed conveyancer or solicitor), and conduct appropriate searches before signing a contract of sale or lease. Gumtree is not your agent, your lawyer or your conveyancer, and is not a party to any sale contract or lease.

Gumtree’s role. We do not verify ownership, agency appointments, price estimates or the condition or legality of any Real Property. We do not inspect any property, give legal or financial advice, or hold trust money. We do not guarantee any outcome of any transaction.

6.4 Jobs

This clause applies to Listings for Jobs.

A Job Listing is different from a Services Listing. In a Job, the Employer sets the role, duties and terms of engagement. In a Services Listing, the Seller offers to perform services at a price they set.

Employers. Employers (including recruiters and businesses) must comply with all Employment Laws. This includes:

• the Fair Work Act 2009 (Cth), including the National Employment Standards, applicable Modern Awards and enterprise agreements, minimum wage, leave, superannuation, record-keeping and payslip requirements;

• the rules on sham contracting, including not misrepresenting an employment relationship as independent contracting;

• the rules on casual conversion and casual employment information statements;

• the "right to disconnect" under section 333M of the Fair Work Act 2009 (Cth) and equivalent provisions;

• the minimum standards for "employee-like workers" and road transport contractors introduced by the Fair Work Legislation Amendment (Closing Loopholes) reforms, where applicable;

• anti-discrimination laws;

• modern slavery laws;

• work health and safety laws and workers’ compensation insurance; and

• immigration laws (including work rights of visa holders).

A Job Listing must accurately describe the role, location, terms of engagement and pay, and must not contain any amount (including a piece rate) that would result in payment below the applicable minimum wage or Award.

A Job Listing must not discriminate against applicants on the basis of a protected attribute (including sex, age, race, disability, pregnancy or family responsibilities) except where a genuine occupational requirement applies, consistent with applicable anti-discrimination laws.

Compliance is the Employer’s responsibility. Compliance with Employment Laws is the responsibility of the Employer. The Platform may include automated or manual features intended to identify Listings that appear non-compliant (for example, pay below an applicable minimum). These features are provided on a best-efforts basis. They are not a compliance review, an audit, or legal advice. We do not guarantee that any non-compliant Listing will be detected, flagged, removed or prevented from being published, and we do not represent that a published Listing complies with Employment Laws. The presence or absence of any flag, warning or moderation outcome is not an endorsement by Gumtree of the Listing’s legality. You must not attempt to circumvent or game any compliance feature we provide.

Recruiters and businesses may have a separate business agreement with Gumtree for their use of the Platform. That agreement applies in addition to these Terms.

Job seekers. Job seekers are responsible for checking the suitability and legitimacy of any Job before applying. Job seekers should know their rights under the Employment Laws (information is available at fairwork.gov.au) and should be cautious of unusual requests for money, personal documents or overseas transfers. Do not share bank details, tax file numbers or copies of identification documents with Employers through the Platform.

6.5 Services for hire

This clause applies to Listings where a Seller offers to perform Services at a price they set.

Sellers of Services must:

• hold any licences, registrations, insurances and qualifications required to perform the Services;

• perform the Services with due care and skill, within a reasonable time and fit for the purpose made known by the Buyer (as required by the ACL);

• comply with work health and safety laws; and

• accurately describe the scope, price and timing of the Services.

Buyers of Services must make the location for performance accessible at the agreed time and should consider appropriate insurance (for example, home and contents or public liability) for the Services.

7. Your Content

7.1 Your Goods and your Content

You keep ownership of the Goods you list and of any pre-existing IP Rights in those Goods. You also keep ownership of the Content you post. However, you grant us a broad licence to your Content in accordance with clause 7.2.

7.2 Licence of Content to Gumtree

     By posting or transmitting Content on or through the Platform, you grant Gumtree and its related bodies corporate a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sub-licensable licence to host, store, reproduce, modify, edit, adapt, translate, publish, communicate, perform, display, distribute, licence to third parties and otherwise commercialise, and create derivative works of the Content, and otherwise use the Content for any purpose connected with operating, promoting and improving the Platform and our business.

You agree that the above licence includes the right for us to licence and commercialise your public Content to third-parties (for example, for analytics, research and advertising) without further notice to you, in accordance with our Privacy Policy. Where this data includes personal information, we handle it in accordance with our Privacy Policy and the Australian Privacy Principles. 

Private Messages between Users. Private Messages are treated differently from publicly-posted Content. We use Private Messages to operate the Platform (including for safety, fraud detection, abuse prevention, dispute resolution, moderation, customer support and to comply with the law), and we may use de-identified or aggregated Private Message data to improve the Platform and our safety and fraud systems. We do not use the content of Private Messages for general-purpose AI or machine-learning model training, and we do not sub-licence the content of Private Messages to third parties except as needed for the operational purposes set out in this paragraph or as required by law. Our handling of personal information in Private Messages is also governed by our Privacy Policy.

Without limiting the above, Gumtree and its related bodies corporate may use Content:

• to operate, promote, improve and provide the Platform;

• to moderate the Platform (including modifying or editing Listings to correct errors, remove prohibited content, improve safety, or comply with our Posting Policies or law);

• to reproduce, publish, translate, adapt, modify and create derivative works;

• to train, develop, test, benchmark and improve artificial intelligence and machine learning models, products and services, including generative models, recommendation engines, fraud detection systems, moderation systems and classifiers;

• to licence Content to third parties for the above purposes; and

• for any other lawful purpose connected with our business.

Survival of this licence. If you close your Account or your Content is removed from the Platform, the licence in this clause 7.2 continues only to the limited extent reasonably necessary for: (i) de-identified or anonymised data already incorporated into our training datasets, analytics or safety systems; (ii) cached, archived or backed-up copies, pending deletion in the ordinary course; and (iii) compliance with legal, regulatory, dispute resolution or fraud-prevention requirements. The licence does not continue to authorise active republication of your Content or new sub-licences to third parties after your Account is closed. 

Where permitted by law, you waive your moral rights for the purposes set out in this clause 7.2.

7.3 Your warranties about Content

By posting Content on the Platform that is published or made available to other Users (for example, a Listing, a review, a rating, or an image), you warrant that:

• you own the Content or have all rights, licences and permissions needed to post it and to grant the rights in clause 7.2;

• the Content does not infringe any third party’s IP Rights, privacy rights or other rights;

• the Content is accurate and not misleading; and

• the Content complies with these Terms, the Posting Policies and the law.

      You indemnify Gumtree for any loss or claim that arises from your breach of these warranties, subject to clause 12.

7.4 We do not pre-screen all Content

We do not pre-screen all Content before it appears on the Platform. Our rights to review, moderate, edit and remove Content are set out in clauses 3.3 and 7.2.

8. Prohibited conduct

You must not use the Platform to do (or assist anyone else to do) any of the following:

• breach  any law, including the ACL, Employment Laws, Privacy Laws, Animal Protection Laws, Tenancy Laws, AML/CTF Laws, anti-discrimination laws, modern slavery laws, tax laws, sanctions laws, import/export laws or the Online Safety Act 2021 (Cth);

• post Goods, Services, Real Property or Jobs that are illegal, restricted or prohibited;

• post Content which contravenes our Posting Policies; 

• post Content that is false, misleading, fraudulent, defamatory, threatening, harassing, obscene, hateful, discriminatory, or that depicts or promotes violence, child sexual exploitation, terrorism, or class 1 or class 2 material under the Online Safety Act;

• impersonate another person, misrepresent your identity or affiliation, or forge headers or other identifiers;

• collect, harvest or use the personal information of other Users for purposes other than the relevant Exchange;

• send unsolicited commercial messages (spam), chain letters or pyramid schemes;

• scrape, data-mine, crawl, extract, copy, index or download any part of the Platform or any Content by any automated means, including for the purpose of training any artificial intelligence or machine learning model, except with our express written permission;

• use any bot, script, macro, browser automation or similar tool to post, respond to or interact with Listings or other Users, unless we provide that tool;

• reverse engineer, decompile, disassemble, probe, test or exploit any vulnerability in the Platform, or circumvent any security, access control, rate limit or moderation feature;

• interfere with the operation of the Platform, introduce viruses or malicious code, or overload our systems;

• use the Platform to request, solicit or accept payment outside the Platform where payment through the Platform is required; or

• do anything that damages the reputation, security or integrity of the Platform.

9. Reviewing or Reporting a Listing or User

9.1 Reviewing another User

If you review or rate another User; you agree:

* reviews and ratings must be genuine and based on a real experience;

* reviews must be accurate and not defamatory, misleading or otherwise unlawful; 

* reviews must not include personal information of another user.

Gumtree reserves the right to moderate, refuse or remove any review or rating of another User where it considers you have posted a rating or review in breach of this clause 9.1.

9.2 How to report

If you believe a Listing, message or User breaches these Terms, the Posting Policies or the law, you can report it through Customer Service.

Submit a request through our Customer Service support page at help.gumtree.com.au. Please include:

• the URL of the Listing or Account you are reporting;

• a brief description of the issue;

• if the issue is a claim of IP infringement, (i) identification of the work or right said to be infringed, (ii) a statement that you are the owner or authorised agent, and (iii) a statement that your complaint is accurate and made in good faith;

• if the issue is a defamation or privacy complaint, enough detail for us to understand the complaint; and

• your contact details.

We will review reports in good faith and within a reasonable time. We may remove or restrict Content, ask the poster for a response, contact the reporter, or take no action. We are not legally required to act on any particular report and we are not an adjudicator of legal rights.

If you submit a report in bad faith, or to harass another User or suppress legitimate Content, we may take action against your Account.

10. Disputes

Any dispute about a Listing or an Exchange between Users is between the Users involved. Gumtree is not a party to that dispute.

10.1 Disputes between Users

Before starting legal proceedings against another User, you must:

• contact the other User in good faith to try to resolve the dispute;

• use any refund or dispute process under clause 5 (if Gumtree Pay was used); and

• if the dispute is not resolved within 30 days of you first contacting the other User in writing about the dispute (which may be by Platform message, email or other written communication that clearly identifies the dispute), attempt mediation on reasonable terms, with costs shared equally.

You may issue legal proceedings if the other User refuses to participate in good-faith resolution or mediation, or if the dispute is not resolved within a reasonable time after mediation is attempted.

10.2 Disputes between you and Gumtree

Before starting legal proceedings against Gumtree, you must:

• contact Gumtree through Customer Service in good faith to try to resolve the dispute; and

• if the dispute is not resolved within 30 days of you first contacting Customer Service about the dispute, attempt mediation through an Australian mediation service on reasonable terms, with the parties sharing the mediator’s costs equally.

Either party may issue legal proceedings if the other party refuses to participate in good-faith resolution or mediation, or if the dispute is not resolved within a reasonable time after mediation is attempted.

10.3 What this clause does not affect

Nothing in this clause 10 prevents you from:

• seeking urgent court relief;

• exercising rights under the ACL or any other law that cannot be excluded;

• bringing a complaint to a relevant ombudsman, free external dispute resolution scheme or regulator; or

• bringing proceedings in a small claims tribunal in your state or territory.

11. Platform licence and IP restrictions

11.1 Our licence to you

Gumtree grants you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for your own personal use in accordance with these Terms. You must not use the Platform for any other purpose, including to build, feed or operate a competing service.

11.2 Our IP

Gumtree and its licensors own all IP Rights in the Platform, including its software, design, look and feel, trade marks, logos, databases and Content contributed by Gumtree. Nothing in these Terms transfers those rights to you.

11.3 What you must not do

You must not:

• scrape, crawl, copy, index, mirror or extract any part of the Platform or any Content by any means (manual or automated), including for the purpose of training or fine-tuning any artificial intelligence or machine learning model, without our express written consent;

• sell, rent, sub-licence, distribute or otherwise exploit the Platform or Content;

• modify, translate, reverse engineer, decompile or disassemble the Platform;

• remove or alter any proprietary notice, trade mark or copyright notice; or

• use the Platform in any way that breaches these Terms, our Posting Policies or our Privacy Policy.

11.4 APIs

If we make an API available, your use of the API is subject to these Terms and any additional API terms or developer documentation we publish. We may suspend, limit or withdraw API access at any time.

12. Disclaimers, liability and indemnity

12.1 Consumer law preserved

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot be excluded. If you are a consumer under the ACL, you may be entitled to consumer guarantees including guarantees as to acceptable quality and fitness for purpose. Where non-excludable statutory guarantees apply to our provision of the Platform to you, we limit our liability to the supply of the applicable services again. Any claim under the ACL against another User is a dispute between the relevant Users.      

12.2 Platform provided "as is"

Subject to clause 12.1, the Platform is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, secure or fit for any particular purpose, or that Content will be accurate, complete or lawful.

12.3 Our liability

Subject to clause 12.1, to the maximum extent permitted by law:

• Gumtree is not a party to any transaction between Users and any resulting loss, damage or injury arising in connection with an Exchange, any Goods or Services, is a claim as between the Users for which Gumtree accepts no liability; 

• Gumtree is not liable for any indirect, special, consequential, incidental or punitive loss or damage, or for loss of profits, revenue, goodwill, data, reputation or anticipated savings, arising out of or in connection with the Platform, a Listing, an Exchange, a Job, or these Terms; and

• to the extent any liability of Gumtree cannot be excluded, Gumtree’s total aggregate liability to you (however arising, including in contract, tort, under statute or in equity) is limited to the greater of (A) the total Fees you paid Gumtree for the service giving rise to the liability in the 12 months before the event giving rise to liability, and (B) AUD $100.

12.4 Third-party services

The Platform may link to, or integrate with, third-party services (such as payment providers, delivery providers, inspection services and insurance providers). The third-party services themselves are provided by the third party, not by Gumtree, and your use of those services is governed by the third party’s terms. We are not responsible for the acts, omissions, performance or content of those third-party services.

This clause does not limit our responsibility for any express written representations we make ourselves about a third-party service.

12.5 Your indemnity

You indemnify Gumtree, its related bodies corporate and their officers and employees against any third-party claim (including reasonable and substantiated legal costs on a full indemnity basis) arising from:

• your material breach of these Terms, the Posting Policies or any law;

• Content you post or transmit, including a claim that the Content infringes IP Rights, privacy rights or other rights of a third party;      

• your misconduct or criminal behaviour towards another User; or

• any loss, damage, injury or death you cause or contribute to.     

Your liability under this indemnity:

• does not include any indirect, special, consequential, incidental or punitive loss or damage, or loss of profits, revenue, goodwill, data, reputation or anticipated savings; and

• is reduced to the extent that Gumtree’s fraud, wilful misconduct or gross negligence caused or contributed to the loss (where Gumtree’s mere provision of the Platform is not a contribution to the loss in any way).

13. Privacy

Our Privacy Policy explains how we collect, use, store, disclose and protect personal information, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Privacy Policy references our Cookie Policy. By using the Platform, you acknowledge that we handle your information in accordance with the Privacy Policy.

You must handle other Users’ information in accordance with Privacy Laws. Do not use another User’s information for any purpose other than the Exchange you are dealing with them about.

14. General

14.1 Governing law and jurisdiction

These Terms are governed by the law of New South Wales, Australia. You and Gumtree submit to the exclusive jurisdiction of the courts of New South Wales, and the courts of appeal from them.

14.2 Notices

We will send notices to you by email to the address registered to your Account, by in-app notification, or by posting on the Platform. Notices are taken to have been received when sent (for email and in-app) or when posted (for posted notices).

You should send notices and complaints to us through Customer Service at help.gumtree.com.au. Formal legal notices should be sent using the "Legal Notices" option on that page.

14.3 No assignment by you

You cannot assign or transfer your rights under these Terms. We may assign our rights and obligations under these Terms to a related body corporate, or as part of a sale or restructure of our business, on written notice to you.

14.4 Severability

If any part of these Terms is unenforceable, that part is to be read down to the minimum extent necessary to make it enforceable, or severed if it cannot be read down, without limiting or otherwise effecting the rest of these Terms.

14.5 No waiver

A failure or delay by us to exercise a right is not a waiver. A single or partial exercise does not prevent us from exercising the right again.

14.6 Entire agreement

These Terms, the Posting Policies and the Privacy Policy together form the entire agreement between you and Gumtree about your use of the Platform. They replace all previous terms of use.

14.7 Survival

Clauses that by their nature are intended to survive termination, including clauses 2.4 (Suspension and termination), 7 (Your Content), 8 (Prohibited conduct), 10 (Disputes), 11 (Platform licence and IP), 12 (Liability and indemnity), 13 (Privacy) and 14 (General), survive termination of these Terms or your Account.

14.8 Contact

Gumtree AU Pty Ltd (ACN 616 996 840). Contact us through help.gumtree.com.au.

Schedule 1: Definitions

In these Terms, the following words have the following meanings:

Account: your individual user profile on the Platform, including all associated information and Content.

ACL: the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended.

AML/CTF Laws: the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and related rules and regulations, as amended on 1 July 2026 and from time to time.

Animal Protection Laws: all laws and regulations relating to the breeding, sale, welfare, identification and registration of animals in the state or territory where a Listing is posted, including the Prevention of Cruelty to Animals Act in each state/territory, the Companion Animals Act 1998 (NSW), the Domestic Animals Act 1994 (Vic), and equivalent legislation.

Buyer: a User who buys or offers to buy Goods or Services on the Platform, or who seeks to rent or purchase Real Property.

Content: any Listing and all data associated with a Listing, text, image, video, review, rating, message or other material posted, uploaded or transmitted through the Platform.

Dealer: a Seller of Vehicles who is a licensed motor dealer under the laws of any Australian state or territory, or otherwise sells Vehicles in trade or commerce.

Employee: a User who uses the Platform to look for or apply for a Job.

Employer: a User who uses the Platform to advertise a Job.

Employment Laws: all laws and industrial instruments relating to the engagement of workers in Australia, including the Fair Work Act 2009 (Cth), the Fair Work Regulations 2009 (Cth), applicable Modern Awards and enterprise agreements, the Independent Contractors Act 2006 (Cth), and laws relating to discrimination, work health and safety, workers’ compensation, taxation, superannuation, immigration, sham contracting and modern slavery.

Exchange: a transaction between Users on the Platform for Goods, Services, Real Property or a Job.

Fees: any amount payable by you to Gumtree, including for posting a paid Listing or using paid features.

Goods: any item offered for sale on the Platform, including Vehicles and Pets.      

Gumtree Pay: the payment service we offer on the Platform, operated in conjunction with our Payment Provider.

IP Rights: all intellectual property rights worldwide, registered or unregistered, including copyright, trade marks, designs, patents, domain names, trade secrets and confidential information.

Job: a Listing advertising employment or engagement of a worker.

Listing: a post on the Platform advertising Goods, Services, Real Property or a Job.

Payment Provider: our third-party payments partner from time to time, who acts as our payment facilitator/acquirer for Gumtree Pay. The identity of the current Payment Provider is published on the Platform.

Pet: any animal, including dogs, cats, birds, fish, reptiles and livestock.

Platform: the Gumtree website at gumtree.com.au (including all subdomains), the Gumtree iOS and Android mobile apps, and any API or other service we make available.

Posting Policies: the rules for Listings and conduct on the Platform, available at gumtree.com.au, as updated from time to time.

Private Message: a message sent privately between Users through the Platform’s messaging features, as distinct from publicly-posted Content (such as Listings, reviews and ratings).

Privacy Laws: the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and all related regulations, as amended from time to time.

Real Property: any land, house, apartment, commercial premises or other real estate offered on the Platform for sale, rent or lease.

Reversed Payment: any chargeback, reversal, dispute, refund or charge-back equivalent that is processed in relation to a payment made through the Platform.

Seller: a User who offers Goods, Services or Real Property on the Platform.

Services: any service offered for performance through a Listing, where the Seller sets the scope and price (as opposed to a Job).

Tenancy Laws: the residential and commercial tenancy legislation of the state or territory where the Real Property is located.

User: any person who uses the Platform, whether or not they have an Account.

Vehicle: any motor vehicle, motorcycle, truck, caravan, trailer, boat, marine craft or similar item listed in the vehicles categories of the Platform.

Words like "includes" and "including" are not limiting. References to legislation include amendments and replacements.