Welcome!

Thank you for using OpenAgent. Together, we can make it easier for Australians to sell their homes!

These Terms govern your use of the Website, including your engagement with Agent Referral Services. We understand that working with top agents plays a crucial role in the process. If you have any questions or feedback, please contact our Agent Support team on agents@openagent.com.au or 13 24 34.

 

1. YOUR ACCEPTANCE OF TERMS

Summary: The referrals we send you are subject to these terms, so it’s important that you read them carefully. Your real estate agency will also be bound. We may change these terms from time to time but we’ll let you know about the significant changes.

1.1. You agree that the Agent Referral Services and Website are owned and operated by OpenAgent.

1.2. We may send you Leads from time to time. For each Lead received from us, you and your Agency agree to be bound by these Terms in their current form and our User TermsNote: if there is any inconsistency between these Terms and the User Terms, the provisions of these Terms will prevail to the extent of the inconsistency.

1.3. Where you are employed by or acting on behalf of an Agency, you hold out that you are taken to have been duly authorised to bind the Agency to these Terms (including payment of the Fees set out in Clause 6).

1.4. These Terms apply whenever you access or utilise the Agent Referral Services, regardless of how you access the Agent Referral Services or interact with us in connection with the Agent Referral Services.

1.5. We may revise these Terms from time to time by updating the Website. You should review these Terms periodically so that you are updated on any changes. Any variation or change will be effective immediately. The revised Terms applicable to previous Leads will take effect on notice to you, which may be provided to you by a posting on the Website, via e-mail, the referral of a new Lead or any other means. If you continue to use the Agent Referral Services, you will be deemed to have accepted the updated Terms. The terms and conditions below are the current Terms and replace any other terms and conditions previously published on the Website.

 

2.AGENT REGISTRATION

Summary:To gain access to our services through the website, you will need to have an OpenAgent profile. You need to provide accurate information so that we can provide you with referrals, including on Sundays. OpenAgent will review your profile and your use of our services generally, but you are responsible for anything that happens in respect of real estate activities. We have the discretion to cancel your account, particularly if you don’t follow the rules for using our referral service. Basically, don’t use our services to break any laws, regulations, rules, (etc.), or violate these terms. You also need to respect our rights and the rights of any individual. These services are not exclusive to you.

2.1. In order to have access to and receive the benefit of the Agent Referral Services, you must (and are taken to, through your use of the Agent Referral Services) agree to:

a) consent to us creating and managing an OpenAgent account featuring your professional profile. Upon request, you shall provide us with accurate, complete and updated registration information including contact details;
b) notify us at any time that you wish us to cancel your registration and profile with us in writing at agents@openagent.com.au. We will then use our best efforts to cancel your registration and remove your profile from our Website within 21 working days of receipt of your request;
c) consent to the recording and monitoring of all communications sent to you and your Agency for the limited purpose of quality assurance and verification of details provided in relation to Leads; and
d) authorise and consent to receiving calls and electronic messaging from OpenAgent representatives, including direct contact on Sundays.

2.2. We reserve the right, in its absolute discretion, to review and consider all potential registrations in order to maintain quality of the Agent Referral Services and may contact you by telephone or email to verify that registration information is accurate and correct before engaging you.

2.3. OpenAgent reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons:

a) breach of any of these Terms;
b) breach of any law by you or your employee or Agency representative;
c) where we conclude that your conduct or ongoing registration impacts (or may, in our view, impact) OpenAgent’s reputation;
d) where we conclude that your conduct violates our rights or those of another party, including the rights outlined in our User Terms. For examples, please see Clause 3 (Prohibited Activities) of our User Terms;
e) where you are in breach or suspected breach of any applicable general rules and rules of conduct applying to all licensees and registered persons specific to real estate agents, real estate salespersons and on-site residential property managers; orf)for any other reason as advised in writing to you.

2.4. We are under no obligation to provide access to the Agent Referral Services to you. You also accept that access to or use of our Agent Referral Services are non-exclusive.

2.5. You are responsible for any additional customer information provided to OpenAgent by you or a representative of your Agency. You must only provide us with customer information in accordance with Clause 13 and in compliance with Privacy Law. For clarity, your customer must consent to general data sharing with OpenAgent in connection with Agent Referral Services prior to you providing us with any additional Personal Information.

2.6. You must not hold yourself out as having authority or, otherwise, as an agent, employee, officer, franchisee, partner of OpenAgent at any time.

 

3.AGENT REFERRAL SERVICES

Summary: We will provide you with referrals to people who are interested in selling their property. You won’t be the only agent who receives these referrals and if you or your agency act on a referral, it is subject to these terms, unless you have subscribed to our Premier service.

3.1. We will provide you with referrals to potential vendors who have expressed an interest in selling their residential real estate property in Australia.

3.2. The Leads we provide you are non-exclusive, and you understand OpenAgent may provide Leads in its absolute discretion to any agent (whether or not registered with OpenAgent at the time the Lead is provided).

3.3. For avoidance of doubt, any action taken in relation to a Lead by you or your Agency at the time of having receive the Lead, is taken to be duly authorised consent to be bound to these Terms.

3.4. For the avoidance of doubt:

a) you acknowledge and agree that we are under no obligation to provide Leads to you or any other agents and the provision of any Leads to you is at our sole discretion;

b) you are not required to act upon any Leads, but must notify us if you no longer to receive Leads or lack of capability or capacity to service the volume of Leads generated by OpenAgent;

c) Leads provided to you under OpenAgent’s Premier services are excluded from the application of these Terms, subject to any default in payment of the relevant subscription fee. Please consult your OpenAgent Premier agreement for more information on the terms that govern Premier service based Leads or contact your Premier account manager via premier@openagent.com.au.

 

4.OUR RELATIONSHIP TO THE AGENT REFERRAL SERVICES

Summary: We’re not real estate agents and don’t pretend to be.You are responsible for any agreements you enter into, not us. You also cannot pass on our fee to any vendors you engage, and you rely on the information we provide you at your own risk. Basically, we are independent from your activities and decisions in any real estate transaction.

4.1. We operate as an independent third-party facilitator in respect of any transaction and communication between you and users of our Vendor Research Services. For clarity: OpenAgent and its related entities are not in the business of being a real estate agency and nothing in these Terms or the Website shall be construed as an appointment of agency of OpenAgent (or its related entities), either on behalf of a user of the Vendor Research Services or the agent or Agency.

4.2. OpenAgent at all times remains independent from any advice, content, correspondence, information or representations given by or to users of our Vendor Research Services and you or your Agency.

4.3. You assume full responsibility for any decision to act on Leads and engage with users of our Vendor Research Services by you or your Agency.

4.4. Any advice, information, suggestions and opinions provided by any party via the Vendor Research Services, the Agent Referral Services or our Website are strictly that party's own.

4.5. We receive no direct payment from the vendor in respect of Agent Referral Services.

4.6. We have no authority to enter into any agreement with you or any other person in regard to a real estate transaction, and we do not hold itself out as having such authority or otherwise as an agent, employee, officer or franchisee of you, your Agency or another person.

4.7. You agree that any information provided to you in connection with Agent Referral Services or Website is on an "as is" and on an "as available" basis and on the condition, that you undertake all responsibility for assessing and considering the accuracy of the information provided. You agree to rely on it at your own risk.

4.8. As a result of this Clause 4, you accept that we take no responsibility for the:

a) quality, safety or legality of the Agent Referral Services, correspondence, monies, information and/or opinions; or
b) accuracy, truthfulness or reliability of the information,

provided or supplied by any user of the Vendor Research Services or Agent Referral Services.

 

5.REPORTING

Summary: We need to be kept informed of the performance of leads generated so that we can improve the quality of services to you. We also want to know about any user concerns around use of their data, or any issues you may be experiencing so that we can come up with solutions.

5.1. For reporting and quality assurance purposes, you agree to advise OpenAgent of:

a) any privacy related complaints received by you in connection with Agent Referral Services, no later than one (1) business day of having received the complaint;
b) any lack of capability or capacity to service the volume of Leads generated by OpenAgent; and
c) any other relevant matters known to you that may affect your use or any user's interaction with Agent Referral Services, no later than two (2) business days of having been made aware of the matter.

5.2. You must, within two (2) business days of the relevant event below, report to OpenAgent the following information in respect of any property transaction or OpenAgent member communication, arising in connection with a Lead:

a) confirmation of initial contact with the user of the Vendor Research Services;
b) confirmation when property has been appraised;
c) full details of the property listing, including a copy of the 'listing agreement' or 'authority to sell’ made with the vendor;
d) confirmation of exchange of contracts for the property;
e) upon exchange of contracts for a property sale, confirmation of your total commission;
f) confirmation when a contract of sales becomes unconditional (if applicable);
g) confirmation of execution of settlement of a property sale (including a copy of the settlement agreement); and, if relevant –
h) supporting documentation of any pre-existing relationship with the vendor or user of the Vendor Research Services.

Note: The materials received by OpenAgent allows for the correct calculation of our professional services fee outlined under Clause 6 of these Terms. If you have any questions or concerns regarding this, please contact us at any point.

 

6.FEES AND INVOICING

Summary: We charge you a standard fee of 20% of the total commission of a sold property, plus GST. This applies to all leads that are sold by you or your Agency within 24 months of having receive it from us. If you have a prior relationship with the vendor, you need to let us know and supply evidence of this. Failure to make payments may result in an additional penalty and interest.

6.1. When a sale arising in connection with a Lead becomes unconditional, OpenAgent (or its nominee) will issue an invoice to you for payment of the Fee, calculated against 20% of the total commission of the sold property, plus GST (Fee) – subject to sub-clause 6.7. You agree to pay the Fee by the due date on the invoice.

6.2. You agree that:

a) any sale or other dealing orchestrated, transacted or derived from the actions of you or the Agency in respect of that property shall be subject to the Fee requirements in sub-clause 6.1.
b) you will not charge members of OpenAgent a fee (however characterised) including by way of an increase to your commission for use of Agent Referral Services;
c) a sale in relation to a property is considered to have arisen from a Lead if the Lead was provided or referred to you by or as a result of OpenAgent performing Agent Referral Services, regardless of prior contact between the vendor and you or the Agency.

6.3. To avoid doubt, you hereby acknowledge and agree that an OpenAgent member’s submission on the Website indicates that the OpenAgent member has not yet made a decision on which agent to appoint for the sale of their property.

6.4. If you have a prior relationship with the vendor or OpenAgent member, you must provide us with written evidence within two (2) business days of having received the Lead. Failure to provide written evidence within two (2) business days will result in the Fee remaining applicable.

6.5. To avoid doubt, you hereby acknowledge and agree that a sale or other dealing orchestrated by the Agency, with whom you worked for at the time that you received the referral, shall remain subject to the Fee requirements in sub-clause 6.1. As a reminder, per sub-clause 1.3., you are taken to have been duly authorized to bind the Agency to these Terms.

6.6. You will pay the Fee to OpenAgent if the referred property is sold by you (or your Agency) at any point within the following 24 months from the date the Lead is provided to you (or is actioned on your behalf by a representative of your Agency). You accept the timeframe is reasonable given unique vendor circumstances such as (but not limited to) multiple listings, renovations, a delay in listing in the property or withdrawal from the market prior to a successful sale taking place.

Failure to Provide Sales Details and Late Payments

6.7. If you do not provide OpenAgent with your total commission, OpenAgent may (at its sole discretion and notwithstanding sub-clause 6.1.), calculate the Fee as 1% of the sales price, payable on demand from OpenAgent within 14 days of the date of the relevant invoice. If you subsequently provide us with your total commission, we may (in our sole discretion) adjust the Fee to be calculated in accordance with sub-clause 6.1.

6.8. If you fail to make payment within 14 days of the due date of the invoice issued under this agreement, OpenAgent may charge You a $500 suspension fee and accrue interest at the rate of 2.5% per month, from the date the payment was due until the date payment is made.

6.9. You agree to reimburse OpenAgent for any Costs or fees incurred by OpenAgent to recover overdue Fee(s) and other amounts payable by you under these Terms.

6.10. For avoidance of doubt, if you do not pay the Fee when due, the Agency is bound to pay the Fee and any other amounts described in this Clause 6.

6.11. This Clause 6 is a material term of these Terms.

 

7.YOUR PROFILE INFORMATION

Summary: we will keep your profile up to date through all practical means, including feedback from customers. The information you provide to us must be accurate and appropriately authorised, including under privacy law.

7.1. You accept that OpenAgent may on its Website, upload or provide links to your photo or upload testimonials or feedback provided by users of our Vendor Research Services about you without your prior approval, for the purpose of providing Agent Referral Services.

7.2. OpenAgent may agree to receive property sales and other information about you and/or your Agency by electronic data feed or by other means, including but not limited to via email, phone or the Website. 

7.3. If we agree to accept a data feed or accepts information directly from you, these Terms apply to both the data feed and the data contained in the data feed, and any information provided.

7.4. You agree that:

a) 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 our business;

b) the indemnities in Clause 12 apply in respect of a breach of the representations in this Clause 7; and

c) to the extent that any information provided, or data transmitted to Us via a data feed is Personal Information, Clause 13 applies.

 

8.USE OF THE WEBSITE

Summary:The website has content on it, but this is not formal or professional advice. There are also some do’s and don’ts in relation to content, especially content linked to our services.These are outlined in our User Terms and highlight the need to respect our rights and the rights of any individual. We will do our best to review content posted via Agent Referral Services but ultimately, we are not responsible for any content submitted by users, nor do we guarantee continuous availability or storage. You rely on it at your own risk. All content and communications made by you are your responsibility.

8.1. The Website may provide the opportunity for a platform on which agents, vendors and members registered with OpenAgent may interact. In doing so, the Website may contain Content.

8.2. The terms and conditions governing Content on the Website are outlined in our User Terms, specifically clause 3 (Prohibited Activities), clause 4 (Our Relationship to Agent Referral Services), and clause 5 (Property Reports and Content). For clarity, your use of the Agent Referral Services is conditional to your acceptance of those specified terms and conditions located in the User Terms.

 

9.WARRANTIES

Summary: these are the promises or guarantees that are conditional to usage of our services. We’re focused on respecting people’s rights – so, you need to provide us with assurances that you will also follow any legal requirements relating to your role as an agent and in the handling of data, including intellectual property and personal information. This also applies to the data feeds you grant us access to. Also, while Agent Referral Services facilitate opportunities for real estate transactions, you must still perform your own independent checks.

9.1. You represent and warrant to us that:

a) you hold all appropriate licenses as required by law and the real estate profession in using these Agent Referral Services;
b) where you are employed by or acting on behalf of an Agency, you are validly authorised to bind that Agency to the performance of all obligations, including payment of any Fees, under these Terms;
c) you will:
i. comply with any applicable general rules and rules of conduct applying to all licensees and registered persons specific to real estate agents, real estate salespersons and on-site residential property managers, including advertising of property, when using our Agent Referral Services;
ii. undertake your own checks, independent verification and independent advice regarding the suitability and particulars of, matters affecting any real estate, real estate transaction or interest facilitated by the Agent Referral Services.
d) you will not:
i. engage in Misleading or Deceptive behaviour;
ii. use any Personal Information made available through the Agent Referral Services for any credit activity without our express confirmation that such activities are compliant with the National Consumer Credit Protection Act 2009 (Cth);
iii. use or contribute to Agent Referral Services for any purpose that is unlawful or prohibited by Privacy Law or Australian Consumer Law (for clarity, this includes processing and handling of Personal Information);
e) you have full legal capacity and lawful entitlement to authorise the following where relevant:
i. the offer and sale of the subject property;
ii. promotion, advertising or marketing of the subject property;
iii. making an offer and purchasing the subject property for sale;iv.our access to updated customer data from you, including the provision of documents under Clause 5 (Reporting) of these Terms, which may or may not include Personal Information;
iv.our use and the granting (if any) of your Intellectual Property and/or Third-Party IPR licences;
v. if you are an employee or related party of an agent or Agency and you use the Agent Referral Services and/or interact with OpenAgent on behalf of that person or Agency, you have the full authority to do so and that you are an authorised representative of the agent and/or Agency.
f) if OpenAgent agrees to accept a data feed or accepts information directly from you in connection with Agent Referral Services:
i. the data and information is true and accurate to the best of your knowledge;
ii. you are authorised to establish the data feed with us, and to provide any data feed data to us;
iii. all necessary and appropriate authorisations, consents and permissions have been obtained to enable OpenAgent to have full use of the information and data;
iv. the information, data feed or any data feed data does not infringe or violate any Intellectual Property rights or any legal or moral rights of any third party or any applicable laws; and
v. you have the right to grant any and all licences, with such applicable consents, permissions and authorisations having been obtained from relevant third parties in relation to the information, data feed and the data feed data.

9.2. We do not warrant:

a) the Agent Referral Services will convert into a listing or transaction for you;

b) the Agent Referral Services will meet your expectations or requirement; or

c) the legal validity of any real estate transaction through the Agent Referral Services.

 

10.THIRD-PARTY LINKS

Summary:We aren’t responsible for any interactions you have as a result of clicking on a link to a third-party site made available through our services or website. 

10.1. The Agent Referral Services and Website may include links to third-party sites which are not related to us and in relation to which we have no control or interest. The appearance of those links does not indicate any relationship between OpenAgent and that third-party or any endorsement by OpenAgent of that third-party, its site or the products or services which it is advertising on the Agent Referral Services or Website.

10.2. You agree that if you choose to access links to third-party sites featured in connection with the Agent Referral Services or via the Website, you do so at your own risk.

 

11.INTELLECTUAL PROPERTY

Summary: You have no claim to our intellectual property. We also won’t have any claim to your intellectual property which is made available to us, but you do allow us to use it freely. You’re not allowed to interfere with anybody’s intellectual property rights without their permission.

11.1. All Intellectual Property in relation to the Agent Referral Services and Website belongs to OpenAgent or its licensors, advertisers, associated or related entities or affiliates.

11.2. OpenAgent and its associated or related entities retain all rights, title, and interest in and to the Agent Referral Services and Website Intellectual Property, and nothing you do on or in relation to the Agent Referral Services or Website will transfer any rights, in the Intellectual Property or otherwise, to you, or license to you any such rights unless expressly stated otherwise in these Terms.

11.3. We grant to you a worldwide, royalty-free and non-exclusive licence to view and use our Agent Referral Services and Website for the term of your registration, and only for the limited purpose of receiving the benefit of the Agent Referral Services as contemplated by us, and subject to your compliance with these Terms.

11.4. You grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content on or in connection with our Agent Referral Services. 

11.5. If you post Content, you must also have all necessary third-party permissions and licenses. If OpenAgent is notified by a third-party that any Content infringes Intellectual Property rights, we may in our sole discretion remove such Content from our Agent Referral Services and Website, or take other steps that OpenAgent deems appropriate, without prior notification to the user who supplied or posted that Content.

11.6. You agree not to do anything that interferes with or breaches our Intellectual Property rights in connection with the Agent Referral Services or Website. For example, you must not:

a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Agent Referral Services or the Website;
b) reproduce, copy, decompile, disassemble, reverse engineer, exploit for profit or gain, create any derivative product or otherwise attempt to build the Agent Referral Services or Website without our prior written consent;
c) copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover source code or algorithms, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on, or functionality in, the Agent Referral Services or Website.
d) download, reproduce, or print a copy of material, Content or functionality for commercial use (in whole or in part for any other non-personal purpose) without our express written permission. You may contact us via the communication methods available on the Agent Referral Services or Website if you wish to obtain such consent;
e) attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;  
f) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
g) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Webite, or any other customer of OpenAgent, including any account not owned by you, to its source;
h) exploit the Webite or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
i) modify Content or material on the Agent Referral Services or Website in any way (including any copyright notice).

11.7. To the fullest extent of the law, you waive any moral rights (as defined by the Copyright Act 1968) in Content for the purposes of its submission to or publication on Agent Referral Services or Website, as well as its use by us.

 

12.INDEMNITY AND LIMITATION OF LIABILITY

Summary: We have no liability to you except under Australian Consumer Law and for promises we have made under these. If we have any liability to you, it’ll be capped at the amount forthe re-supply of the services; or the cost of having the services re-supplied. If someone has a claim against us in connection with your use of our services – including infringement of intellectual property or privacy rights – then you are responsible for defending us and covering the cost of that defence.  There is no indemnity limit for this. Also, if you have any claims, you must pursue that against the relevant third-party. 

12.1. Nothing in these Terms limits, excludes or modifies the consumer guarantees provided under the Australian Consumer Law or any terms implied by applicable consumer protection laws or regulations, except where legally permitted to do so.

12.2. You indemnify us against any claims, loss, damages, costs and expenses (including legal costs on a solicitor and own client basis) that we incur or suffer directly or indirectly arising from, in connection with, or based on allegations of, any of the following:

a) a breach of your Warranties (Clause 9);

b) demand, allegation, claim or action that your Content in connection with the Services or the use by us of your Content, infringe the rights (including any Intellectual Property right) of any person (see Clause 11);

c) a breach of Privacy Law or any unauthorised use or disclosure of Personal Information by you, your Agency or your Agency’s Related Body Corporate in connection with the Agent Referral Services (see Clause 13); and

d) unlawful or fraudulent act or omission or wilful breach by you or your Agency’s representatives or Related Body Corporates of any of these Terms.

Your liability under this sub-clause 12.2 is not subject to any limit or exclusion of liability under this Clause 12.

12.3. Notwithstanding anything to the contrary in these Terms and to the extent permitted by law, in no circumstances will we be liable to you or any third party for any cause of action or theory of liability, in respect of special, lost profits, indirect or consequential damages, loss of profit (whether direct or indirect), loss of data, or loss of business opportunity arising out of or in connection with:

a)your use of the Agent Referral Services;
b) any activity, transaction, communication or other interaction between you and any other party either directly or outsourced through the Agent Referral Services;
c) any errors or omissions from any Content made available to you through the Agent Referral Services including typographical, location, pricing or photographical errors;
d) any technical malfunction, error, virus, delay or interference with the Agent Referral Services.

12.4. In all other instances and to the extent permitted by law, the liability of either party to the other in connection with the Agent Referral Services, whether based upon breach of contract, under common law, statute, tort (including negligence) or otherwise, will be limited, at our option, to the re-supply of the Agent Referral Services; or the payment of the cost of having the Agent Referral Services re-supplied and not include any consequential losses or damages. However, the foregoing does not preclude either party from recovering any loss or damage to the extent it may fairly and reasonably be considered to arise directly and naturally, that is according to the usual course of things, from the breach or wrongful act or omission giving rise to the relevant liability.

12.5. You agree to pursue any claim or action against any other user of the Vendor Research Services or Agent Referral Services, arising from use of the Website or Vendor Research Services or Agent Referral Services independently of and without any demands from or claims, liability and damages connected to OpenAgent.

 

13.PRIVACY POLICY

Summary: We are transparent about how we use personal information. We want to work with you to comply with privacy law and respect users’ rights over their personal information.

13.1. As part of the Agent Referral Services, we will deal with your Personal Information and also provide you with Personal Information relating to users of the Vendor Research Services.

13.2. Your registration and use of the Services are conditional with your acceptance of our Privacy Policy.If you do not agree to us collecting, using or disclosing Personal Information in accordance with these Terms and our Privacy Policy, you must not use the Services.

13.3. Where you provide us with any Personal Information, you confirm that you have collected the Personal Information in accordance with Privacy Law, including (where relevant) notifying the individual to whom the Personal Information relates of who OpenAgent is and how we propose to use and disclose their information.

13.4. You agree to work with us to ensure that the obligations each party may have under Privacy Law are satisfied. This includes notifying a customer about how their Personal Information will be used and disclosed.

13.5. In regard to Personal Information we received from you in connection to the Agent Referral Services, you authorise us to:

a) collect additional Personal Information in relation to each user;
b) store additional Personal Information until it is no longer needed for the purpose for which it was used or disclosed;
c) share or provide such parts of the Personal Information with others, including overseas, only where necessary to complete Agent Referral Services;
d) transmit the Personal Information to others in the ordinary course of business, following consent from the relevant individual. This may include third-party partners or entities with whom OpenAgent has a commercial relationship;
e) permit an employee or a consultant engaged by OpenAgent to access the Personal Information strictly for the purposes of carrying out quality and assurance checks on the Agent Referral Services,

subject to compliance with Privacy Law.

13.6. You accept OpenAgent will review, edit, correction or deletion of any Personal Information in connection with the Agent Referral Services upon request from a user.

13.7. You agree to keep all information you receive and collect in respect of Agent Referral Services confidential, except where you have our express written consent or, in strict relation to the Personal Information contained within a Lead, that individual's consent. Notwithstanding the foregoing, you acknowledge that OpenAgent may disclose such information if required to do so by law, regulation or order of a court of competent jurisdiction only.

 

14.ELECTRONIC COMMUNICATION

Summary: We will send you emails from time to time that are relevant to the services we can or do offer you. You can opt out at any time.

14.1. Upon receiving a Lead, you will be subscribed to our agent marketing email list.

14.2. OpenAgent may send you emails for sales and marketing opportunities, promotions, reminders and contests. Such emails may include marketing information about OpenAgent or selected business partners. If you wish to unsubscribe from our agent marketing email list, you may do so by sending an email to agents@openagent.com.au. In addition, each email sent to you via our agent marketing email list will contain an unsubscribe link so that you can opt-out of that subscription. 

 

15.GENERAL

Summary: If we can't agree on something, NSW law applies. If any of these terms are not permitted by law, then it will be replaced by a valid provision that matches the original intent as closely as possible. Our rights under these terms don’t go away if we don’t act immediately, and the rights which are intended to continue after you stop using our services will still exist.

15.1. These Terms constitute the entire agreement between us and you in relation to the Agent Referral Services and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you.

15.2. These Terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.

15.3. If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to prior, subsequent or similar breaches.

15.4. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

15.5. The rights and obligations under Clauses 6, 8, 9, 11, 12, 13 and any other clause which by its nature is intended to survive the termination of the Agent Referral Services or expiry of a Lead will continue in full force and effect after these Terms end.

 

DEFINITIONS

In these Terms:

Agency means any business, person, organisation or agency that is the holder of a valid real estate license.

Agent Portal means https://agents.openagent.com.au and any other OpenAgent online portal interfacing with Agent Referral Services.

Agent Referral Services means the Lead generation services provided by OpenAgent.

Australian Consumer Law is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Claims means any written demand, notice before action or civil, criminal, judicial, administrative, regulatory or arbitral proceeding.

Content means information including any combination of data, illustrations, text, video, still images, audio or other material.

Costs refers to any costs, damages, demands, expenses liabilities, losses or settlements, including, without limitation, reasonable legal and accounting fees.

Intellectual Property means any statutory and other proprietary rights in respect of inventions, innovations, patents, designs, functionality, circuit layouts, mask rights, content, copyrights (including future copyrights), trade secrets, know-how, software, text, data, algorithms, icons, logos, concepts, sound recordings and graphics comprised in Agent Referral Services and Website, trade marks and all other rights in respect of intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.

Lead refers to the details of a potential vendor of residential property.

Misleading or Deceptive Behaviour means information sharing, promotions and advertising of real estate, that is false, misleading or deceptive or capable of being misleading or deceptive under the Australian Consumer Law or any terms implied by applicable consumer protection laws or real estate industry regulations.

OpenAgent means OpenAgent Pty Ltd ABN 93 161 595 679. Please note, in these Terms any reference to “our”, “us” and “we” also refers to “OpenAgent”.

Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).

Privacy Law refers to the Privacy Act 1988 (Cth), Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), Do Not Call Register Act 2006 (Cth), Spam Act 2003 (Cth) and the European Union General Data Protection Regulation 2016/679, as well as any other Australian state or territory statutes that regulate the use of Personal Information in each respective state or territory.

Privacy Policy means our privacy policy reproduced at http://www.openagent.com.au/privacy-policy.

Related Body Corporate has the same meaning given to that term as under the Corporations Act 2001 (Cth).

Terms means these terms and conditions.

User Terms means the terms and conditions reproduced at http://www.openagent.com.au/terms

Vendor Research Services means the vendor research services provided by OpenAgent to users of its Website.

Website means http://www.openagent.com.au and includes any other communication means or portal interacting with http://www.openagent.com.au (including but not limited to, the internet, email, tablets, smart phones, mobile phones, Agent Portal and data feeds).

"You” and "your" refers to you, and where relevant extends to any business, person, organisation or Agency that has accepted a Lead from OpenAgent in connection with these Terms or that you’re authorised to represent.