1. YOUR ACCEPTANCE OF TERMS AND CONDITIONS

1.1.
The following provisions govern your use of https://www.openagent.com.au and any agent portal or other website interfacing with https://www.openagent.com.au (“the Website") including all other services made available to you through the Website and all web pages under or forming part of the domain name onthehouse.com.au (“the Services”).

1.2.
Any reference to OpenAgent or OA Real Estate throughout these terms and conditions means OpenAgent Pty Ltd ABN 93161595679 (“OpenAgent”). Any reference to “we”, “us” and “our” in these Terms and Conditions refers to OpenAgent.

1.3.
Any reference to “you”, “you’re”, “your” and "agent”, in these Terms and Conditions refers to You, the user of the Services. You agree to be bound by these Terms and Conditions, and where you are employed by or acting on behalf of any business, person, organization or agency that is the holder of a valid real estate license (“Agency”), the Agency is taken to have accepted these Terms and Conditions and you are taken to have been duly authorized to bind the Agency to these Terms and Conditions. 

1.4.
The terms and conditions that apply to your use of the Services are defined in this Agreement.

1.5.
In using the Website and the Services, you agree to be bound by these Terms and Conditions. This Agreement is a contract between You and OpenAgent, so please read carefully. If you have any questions about this, please contact Agent Support as provided for in Clause 9.

1.6.
You also agree to End User Terms means CoreLogic’s End User Terms and Conditions reproduced at http://www.corelogic.com.au/endusertermsconditions

1.7.
These Terms and Conditions apply whenever you access the Website or utilise the Services, regardless of how you access the Website or interact with the Services, including but not limited to the internet, email, tablets, smart phones, mobile phones, Agent Portal and data feeds.

1.8.
We may revise these Terms and Conditions from time to time by updating the Terms and Conditions on the Website. The revised Terms and Conditions will take effect upon notice to you, which we may provide to you electronically by posting on the Website, sending by e-mail or any other means.

 

2. THE SERVICES

2.1.
The Services provide you with the opportunity to purchase an Agent Sponsorship, featured on the domain onthehouse.com.au.   

2.2.
An Agent Sponsorship is one of three paid subscription slots per suburb. Each suburb features a banner advertisement, made up of one “Premier Service” slot and two “Pro Service” slots (individually referred to as “subscription”). For each advertised subscription, a “Request Appraisal” button is provided to help boost lead generation efforts for the Agent.

2.2.1.
The Premier Service is a featured advertisement of an agent’s profile on the domain onthehouse.com.au. The Premier Service is the primary subscription slot available for the suburb, featuring an agent’s profile photo, full name and agency, number of sales in the last 12 months, and a star rating based on available OpenAgent data.

2.2.2.
The Pro Service subscription slots are each a featured advertisement of an individual agent’s profile on the domain onthehouse.com.au. Each slot features an agent’s profile photo, full name and agency based on available OpenAgent data. 

2.3.
Once an Agent has successfully purchased a subscription for a suburb; the agent will be featured for the calendar month on an off-market property page in the suburb, as well as the suburb page. When a subscription has been successfully purchased, it becomes unavailable for the remainder of the calendar month.

2.3.1.1.
You accept that once payment has been accepted by OpenAgent, that subscription slot will be unavailable for purchase for the remainder of the calendar month. 

2.3.2.
The Services do not include paid or featured advertisements on properties with a current or active listing for sale or rent.

2.4.
If a consumer elects to contact you via the “Request Appraisal” button, OpenAgent will notify you via the registered email associated with your Agent Sponsorship account.  

2.4.1.
OpenAgent, at all times, remains independent from any advice, content, correspondence, information or representations given by or to agents as a result of Agent Sponsorship enquiries.

2.4.2.
You assume full responsibility for your decision to act on Agent Sponsorship enquiries. 

2.5.
You must be a registered user of OpenAgent in order to register and submit Agent Sponsorship requests for the Services. 

2.5.1.
Registered user means an agent who engages or utilizes the Agent Services provided by the Website. Please refer to Website’s Agent Terms. 

2.6.
OpenAgent is not obliged to accept all requests to advertise through the Services. 

2.6.1.
OpenAgent reserves the right, in its absolute discretion, to consider Agent Sponsorship subscription availability, the appropriateness of the request and the need to maintain the quality of the Website and the Services. 

2.6.2.
OpenAgent will use reasonable endeavors to notify you if we do not accept a request. 

 

3. AGENT SPONSORSHIPS

3.1.
Each subscription promotes an individual Agent in one of three paid slots per suburb for a calendar month.  

3.2.
You cannot register for more than one subscription per suburb.

3.3.
When you register for a subscription, you consent to receive the Services immediately. 

3.4.
You must pay the charges for the Services as set out in the following table, subject to Clause 3.5 and 3.6 variations:



Services Pricing Cost

Services Payment Timeframe

1st Month

2nd Month onwards
(automatic renewal)

Premier Service

$99 (inc. GST)
per suburb

Payment by the last calendar day of the month, calculated on a pro-rata basis.

Full payment of the Services Pricing Cost on the first calendar day of the month. No pro-rata application.

Pro Service

$59 (inc. GST)
per suburb

Payment by the last calendar day of the month, calculated on a pro-rata basis.

Full payment of the Services Pricing Cost on the first calendar day of the month. No pro-rata application.

 

3.4.1.
For the first month of a subscription for an individual suburb, the Services Pricing Cost is calculated on a pro-rata basis.

For example:  On the 15th of April, an Agent purchases a Premier slot for the suburb of Bondi. A discount of 50% is applied due to 15 days of the remaining 30 days having passed. The final cost of the 1st month Agent Sponsorship for Bondi would be $49.50. The subscription discount would not roll over to the month of May.

3.4.2.
From the second month onwards of a subscription for an individual suburb, the Services Pricing Cost must be paid upfront on the first calendar day of the month.  

3.5.
OpenAgent reserves the right to vary prices and payment timeframes, in its sole discretion.  

3.5.1.
OpenAgent may change the price or payment timeframes  for subscriptions from time to time, and will communicate any relevant changes to you in advance. Any such changes for subscriptions will take effect at the start of the next subscription period following the date of the price or payment timeframe change. 

3.5.2.
You accept the new changes by continuing to use the Services after the change takes effect. Please make sure you read any such notification of such changes carefully.

3.5.3.
You agree that we are not liable in any way for price or payment timeframe variations.

3.6.
Your payment to OpenAgent will automatically renew at the end of the subscription period. 

3.6.1.
If you do not wish for your subscription to auto-renew, you must select “Cancel” next to the relevant subscription shown in your account, prior to the end of your current subscription period.  Please note, cancellation is only valid upon confirmation of that option through Agent Portal. 

3.6.2.
Automatically renewing of your subscription will be inclusive of price changes. 

3.6.3.
Use of the Services will not continue until all outstanding payments are met.

3.7.
From time to time, the Website may offer trials of Agent Sponsorship for a specified period without payment or at a reduced rate (“Specials”).

3.7.1
OpenAgent reserves the right, in its absolute discretion, to determine eligibility for Specials.

3.7.2.
Subject to applicable laws, OpenAgent reserves the right to withdraw or to modify Specials at any time without prior notice and with no liability, to the greatest extent permitted under the law. 

3.7.3.
In the event of any inconsistency, these Terms and Conditions will apply over any Specials’ Terms and Conditions.

 

4. PAYMENT

4.1.
Payment for the Services is to be completed through Agent Portal. 

4.2.
No other form of Payment is permitted or accepted for use of the Services.

4.3.
Payment can be issued by credit card and debit card transactions.

4.4.
Unless otherwise advised, we will send tax receipts to the registered email associated with the Agent Sponsorship account purchasing the Services. 

4.4.1.
You acknowledge that you may also request a copy of your tax receipt by contacting the Agent Support team at accounts@openagent.com.au.

4.5.
Tax receipts will identify OpenAgent’s Trading Name: “OA Real Estate”. The transaction will also appear on your credit card or debit card statement as OA Real Estate.

4.6.
You accept that tax receipts are deemed to have been received by you on the day immediately following the date shown by our email system as the sent date.  

4.7.
You agree that any failure to receive a tax receipt does not relieve you of liability for payment of the Services. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date.

4.8.
You agree that unless you have opted to cancel and confirmed the cancellation of your subscription through Agent Portal, you have chosen to make monthly payments in accordance with Clause 3.4 and 3.5.

4.9.
You agree that OpenAgent will not be liable for any expense or loss that you may suffer due to the dishonouring of a payment under this automatic payment plan.

4.10.
If your financial institution fails to honor your payment, you must pay the amount owing directly to OpenAgent and an additional administration fee may apply. If we incur a third-party cost to process a card payment or other transaction, we may charge you a reasonable transaction fee.

4.11.
Agent Sponsorships can be cancelled at any time through the “Subscriptions” page on Agent Portal.  No cancellation fees apply.

 

5. REFUNDS POLICY

5.1.
OpenAgent reserves the right to suspend or cancel your subscription at any time in its absolute discretion. 

5.2.
Refunds on a pro-rata basis are not provided in the instance where you do not confirm the cancellation of your subscription from Agent Portal prior to the end of your current subscription term.

5.3.
OpenAgent will not refund any fees that you have already paid, except in accordance with Clause 5.4. 

5.4.
If your subscription is refused or cancelled by OpenAgent in accordance with Clause 2.6 or Clause 5.1, you will receive a pro-rata refund for the balance of the term on your payment. 

 

6. WARRANTIES

6.1.
Your obligations to us as a holder of an Agent Sponsorship Account and user of the Services include:

6.1.1.
Pay any applicable Fees associated with your use of the Services;

6.1.2.
Not provide us with any information that is false, inaccurate or misleading;

6.1.3.
Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it by advising the Agent Support team on the contact details provided in Clause 9 or alternatively, agents@openagent.com.au. 

6.1.4.
Be a business, person, organization or agency that is the holder of a valid real estate license; and

6.1.5.
Not use your Agent Sponsorship account or the Services for any unlawful, fraudulent or improper activity.

6.1.6.
Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Agent Sponsorship account;

6.1.7.
Not use any technology (device, software or hardware) to damage, intercept or interfere with the Services;

6.1.8.
Not open or use more than one Agent Sponsorship account.

6.1.9.
Agreement that we may, and you licence us to, use, disclose, display, rearrange or otherwise deal with any information or data feed data at any time and in any way that may be necessary or desirable for the purposes of the Services. You warrant that you have the right to grant this licence and that all applicable consents, permissions and authorizations have been obtained from relevant third parties in relation to the information, data feed and the data feed data.

6.2.
You indemnify OpenAgent against any and all legal fees, damages and other expenses that may be incurred by OpenAgent as a result of a breach of the above warranties.

6.3.
OpenAgent may suspend or stop providing the Services to you if you do not comply with our terms and conditions, our policies or if we are investigating suspected misconduct.

6.4.
To the extent permitted by law, OpenAgent makes no representation, warranty or promise that the Website including the Services will be available or secure, or will produce results that are accurate, reliable, complete, sufficient, up to date, suitable for your requirements or fit for the purpose you intend to use them for.  

6.4.1.
You accept that if your displayed Agent Sponsorship information is not up to date, you are responsible for advising the Agent Support team on the contact details provided in Clause 9 or alternatively, via agents@openagent.com.au. 

6.4.1.1.
You warrant that all necessary and appropriate authorisations, consents and permissions have been obtained to enable OpenAgent to have full use of the information and data.

6.5.
You understand and agree that OpenAgent may on its Website and the Services, upload or provide links to your photo or upload testimonials or feedback provided by OpenAgent members about you without your prior approval.

6.6.
You acknowledge that OpenAgent may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Services and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

6.7.
OpenAgent does not warrant that functions contained in the Services content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that OpenAgent or our hosting server, are free of viruses or bugs.

6.8.
Access to the Services or the Website may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of OpenAgent’s control. To the extent permitted by law, you agree that OpenAgent will not be liable for any loss or damage which you may incur because of the Services or the Website being unavailable.

 

7. PRIVACY, COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION

7.1.
By visiting our Website or using any of the Services or otherwise providing us with your personal information (or authorizing it to be provided to us by someone else), you agree to your personal information being handled as set out in our Privacy Policy. 

7.2.
In using the Services, OpenAgent does not give you ownership of any intellectual property rights in the Services or the content that you access. You may not use content from our Services or Website unless you obtain permission from its owner or are otherwise permitted by law. 

7.3.
You do not have the right to use any branding or logos used in the Services or the Website. You cannot remove, obscure or alter any content displayed in or along with the Services without express permission from its owner, or are otherwise permitted by law.

7.4.
Alongside the Services, there may be display of some content that is not OpenAgent’s. This content is the sole responsibility of the entity that makes it available, including – but not limited to - onthehouse.com.au. 

7.5.
OpenAgent permits you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services provided to you by OpenAgent. This license is solely for the purpose of enabling you to use and enjoy the benefit of the Services as provided by OpenAgent, in the manner permitted by these terms. 

7.6.
You may not copy, modify, distribute, sell, or lease any part of the Services or reverse engineer or attempt to extract the source code of that software, without OpenAgent’s express and written consent.

 

8. INDEMNITY

8.1.
You agree to defend, indemnify and hold harmless OpenAgent, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, loss, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Services, or resulting from, or alleged to result from, your use of the Website or the Services, a breach of your representations and warranties or your violation of any of these Terms and Conditions.

8.2.
You further agree to defend, indemnify and hold harmless OpenAgent, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with any dealings you have or instigate with any vendors, agents, agencies and any other third parties.

8.3.
You release and hold harmless, OpenAgent, from any liability, claim, harm, damage or loss that arises from your registration with OpenAgent or from OpenAgent's activities.

 

9. AGENT SUPPORT

9.1.
For support with invoice, account-related and payment-related questions, please submit a ticket to our agent relations team at accounts@openagent.com.au. 

9.2.
It is your responsibility to ensure that your Agent Sponsorship email address is accurate, up-to-date, functioning properly and is regularly monitored by an authorized person on your behalf.  You are also responsible in notifying OpenAgent of any changes to the email address to which tax receipts should be sent.  

9.3.
It is your responsibility to immediately contact OpenAgent if you believe that your Agent Sponsorship account may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity or security breach.

9.4.
We will use reasonable endeavors to respond to all queries within a reasonable time frame but we make no guarantees or warranties of any kind regarding response time or satisfactorily response to any such queries.

 

10. GENERAL

10.1.
Advertisers and sponsors of the onthehouse.com.au domain have no influence on editorial content of the Services.

10.2.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.

10.3.
Our relationship with you under this agreement is one of independent contractors and not of partnership, joint venture or principal and agent.

10.4.
Your primary point of contact for any formal notices or communications should be sent to our postal address set out below:

Contact Us

Email:

accounts@openagent.com.au

Phone:

1300 622 730.

Trading Name:

OA Real Estate

Postal Address:

2/36 Wyndham Street, Alexandria 2015, NSW, Australia

 

10.5.
A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether you have read the notice. Notices sent by mail will be deemed to have been received three days after the date of mailing (seven days if sent to or from outside Australia).

10.6.
A term or part of a term of these Terms and Conditions that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.

10.7.
These Terms and Conditions are governed by the laws of New South Wales, Australia.