1 YOUR ACCEPTANCE OF TERMS AND CONDITIONS
1.1 The website http://www.openagent.com.au, (including Instant Appraisal functionality) and the Vendor research services (the Services) provided through the website (together referred to as the Website) and over other communication means are owned and operated by OpenAgent Pty Ltd ABN 93161595679 (OpenAgent). Any reference to “we”, “us” and “our” in these Terms and Conditions refers to OpenAgent.
1.2 The following terms form the Terms and Conditions for use of the Website and the Services and the terms of your relationship with OpenAgent
1.3 Please carefully read these Terms and Conditions before you use the Website and the Services. In using the Website and the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not continue to use the Website and/or the Services.
1.4 These Terms & Conditions apply whenever you access the Website or utilise the Services, regardless of how you access the Website or interact with us.
1.5 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.
1.6 You will agree to End User Terms means CoreLogic’s End User Terms and Conditions reproduced at http://www.corelogic.com.au/endusertermsconditions
2 INTELLECTUAL PROPERTY ON THE WEBSITE
2.1 All intellectual property in relation to the Website (including the content on the Website, the functionality of the Website and the software, design, text, data, algorithms, icons, logos, copyrights, designs, trade marks, concepts, sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to OpenAgent or its licensors, advertisers, associated or related entities or affiliates.
2.2 OpenAgent and its associated or related entities retain all rights, title, and interest in and to the Website and the Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content 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 and Conditions
2.3 You agree not to do anything that interferes with or breaches our Intellectual Property rights. You agree not to 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 Website.
2.4 You may download and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
2.5 Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Website, or any related content or functionality in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communication methods available on the Website if you wish to obtain such consent.
3. MEMBERSHIP REQUIREMENTS
3.1 You must register your membership with OpenAgent in order to make use of the Services and the Website provided by OpenAgent.
3.2 Registration is free and you agree and acknowledge that:
(a) you shall provide us with accurate, complete and updated registration information including the contact details and all property details;
(b) you may cancel your registration at any time by notifying us via email at firstname.lastname@example.org . We will then use our best efforts to cancel your registration within 21 working days of our receipt of your request.
3.3 OpenAgent reserves the right to verify all potential registrations in order to maintain quality of the Services and may contact you by telephone or email to verify that your registration information is accurate and correct before engaging.
3.4 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 applicable law or breach of any of the Terms and Conditions set out including any breach of Clause 4 herein; or
(b) where we conclude that your conduct adversely impacts on our name or reputation;
(c) where we conclude that your conduct violates our rights or those of another party, including the Vendor;
(d) Where your registration information is inaccurate, misleading, false or otherwise harmful to any third party in any way; or
(e) where you are not the owner of the property registered.
4. SERVICES AND OBLIGATIONS – VENDORS
4.1 As a registered Vendor member of OpenAgent (Vendor), you acknowledge and agree that you are required to submit various forms of personal information and information related to the property you wish to sell or rent-out which will be read and assessed by OpenAgent (“Submission”).
4.2 In providing a Submission to OpenAgent, you must provide correct, accurate and honest details of the property in which you, in good faith, plan to sell or rent-out.
4.3 OpenAgent shall then assess the information provided by you to select certain real estate agents who, in OpenAgent’s opinion meets the requisite skills, knowledge and ability to effectively facilitate the sale or rental of your property.
4.4 You agree that OpenAgent will provide details of your Submission to various real estate agents and will request information from such Agents in respect of facilitating the sale or rental of the property.
4.5 OpenAgent will provide you with the outcome of research on real estate agents based on your Submission (where such analysis shall be at the sole discretion of OpenAgent), after which you may decide, at your own discretion, which real estate agent to contact, interview and potentially contract with in respect of facilitating the sale or rental of your property.
4.6 You agree that the selection process in respect of real estate agents presented to you is based on the opinion of OpenAgent only, and the research OpenAgent undertakes and, accordingly, OpenAgent has no responsibility, liability nor obligation in respect of your selection of a real estate agent in respect of the sale or rental of your property.
4.7 You acknowledge and agree that OpenAgent will receive a fee from the real estate agent that you selected to sell or rent-out your property (via your interaction with the Website and other communication means) upon the sale or rental of such property. Please note that only the real estate agent is required to pay the referral services fee to OpenAgent and you have no liability toward OpenAgent in this regard.
4.8 OpenAgent makes no warranty or representation, express or implied, as to the fitness for purpose or suitability of the real estate agent for your needs as a Vendor. The information we provide is merely a reference tool to empower you to make your own decisions.
4.9 This clause is material and essential to these Terms and Conditions.
5. SERVICES AND OBLIGATIONS – INSTANT APPRAISAL
5.1 Instant Appraisal is a tool available (subject to these Terms and Conditions) on the Website to assist your research about properties and real estate agents in your area (Instant Appraisal). It is for your personal use and research only. You use Instant Appraisal at your sole risk and you are responsible for all decisions you make in connection with, or reliance on, Instant Appraisal.
5.2 To the extent permitted by law, Open Agent makes no representation, warranty or promise that the Website including Instant Appraisal 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.
5.3 The price suggested by Instant Appraisal is an estimate and is influenced by the subjective information you provide. The price suggested may vary substantially from any property price actually realised. OpenAgent does not give financial advice and Instant Appraisal does not take into account your personal needs, financial situation or circumstances. For a complete valuation of your property seek expert valuation advice or see your real estate agent.
6.1 OpenAgent operates as an independent third party facilitator in respect of any transaction and communication between members of OpenAgent and their real estate agents and we remain independent from any advice, content, correspondence, information or representations given therein by either the real estate agent or you as Vendor or possible landlord. Agents and Vendors engaging the Services of OpenAgent shall undertake full responsibility for the decision to engage with such real estate agents.
6.2 The services, advice, information, suggestions and opinions provided by any party via the Website are strictly that party’s own.
6.3 As a result of both 6.1 and 6.2, OpenAgent takes no responsibility for the quality, safety or legality of the services, correspondence, monies, information and/or opinions provided by the real estate agent or you as Vendor, or the accuracy, truthfulness or reliability of the information supplied by the real estate agent or Vendor. The information is provided to you “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 content and rely on it at your own risk.
6.4 OpenAgent is not a real estate agent and we do not act for you as Vendor in the sale or rental of your land or property.
6.5 OpenAgent is in no way party to and will not be liable for or have any relationship with enforcing any agreement made between the Vendor and the real estate agent whom you appoint or contract with.
7. USE OF THE WEBSITE
7.1 The Website may contain material, data or content uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the Website, including you or other real estate agents (Content).
7.2 OpenAgent reserves the exclusive right, in relation to our Website:
- to access or examine any Content; and
- at our discretion, move, remove or disable access to Content which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.
7.3 By using and accessing the Website or the Services, you agree and acknowledge that all communications on or though the Website are public communications and you are solely responsible for any Content that you post. OpenAgent assumes NO responsibility or liability arising from any such Content.
7.4 By using and accessing the Website, you agree that you will not do any of the following:
- post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Content;
- post, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;
- stalk, harass, or otherwise harm others;
- inhibit or restrict any other use from using the Website;
- post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
- post any Content that contains a survey, contest, pyramid scheme or any improper question;
- delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
- post, download or communicate any file or material posted by another user of the Website, if you know, or reasonably ought to know, that the file or content cannot legally be downloaded or communicated in that matter;
- interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
- post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;
- access or attempt to access information resources you are not authorized to use;
- collect or store personal data about other users of the Website;
- impersonate or falsely represent your association with any person or organization; or
- attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website (including any source code or algorithms).
7.5 You acknowledge that OpenAgent has no responsibility or liability for the deletion or failure to store any communications or content posted on the Website.
7.6 OpenAgent makes no warranty, representation or promise as to the availably of the Website or the Services. You acknowledge that OpenAgent may, in our sole discretion and without notice, vary, suspend 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, suspension or discontinuance.
7.7 OpenAgent does not warrant that functions contained in the Website, including Instant Appraisal and any, 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.
8 USER LICENSE AND CONSENT
8.1 You represent and warrant that all Content that you supply to us or provide over the Website and other communication means is true, accurate and not confidential to or is not a trade secret or owned by any other person.
8.2 You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
8.3 You warrant that all Content posted by you is owned by you and our use of such Content does not infringe or violate intellectual property rights or any other rights of any third party. You license us to use, modify, adapt, publish, display, exploit, sublicense, create derivative works from and incorporate in other works any Content posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.
8.4 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.
8.5 To the fullest extent of the law, you waive any moral rights in your Content for the purposes of its submission to, publication on the Website and use by OpenAgent.
9. THIRD PARTY CONTENT & LINKS
9.1 The Website may include links to third party sites which are not related to OpenAgent and in relation to which OpenAgent has no control or interest. The appearance of those links on this site 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 Website.
9.2 To the extent permitted by law, the information on the Website is provided ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk.
10. INDEMNITY and LIMIT OF LIABILITY
10.1 You agree to defend, indemnify and hold harmless OpenAgent, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website, or resulting from, or alleged to result from, your use of the Website, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
10.2 You further agree to defend, indemnify and hold harmless OpenAgent, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or 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, real estate agents, agencies and any other third parties.
You use the Website and the Services entirely at your own risk. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms and Conditions, might apply in relation to your use of the Website or the Services. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to $100.
Notwithstanding anything to the contrary in these Terms and Conditions, in no circumstances will we be liable to you or any third party for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
12.1 These Terms and Conditions constitute the entire agreement between us and you in relation your use of the Website and the Services, and these Terms and Conditions supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
12.2 The real estate agent is obliged to keep all information it receives and collects in respect of the Vendor confidential. However, the real estate agent may need to disclose such information if required to do so by law, regulation or by order of a court of competent jurisdiction only.
12.3 The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services.
12.4 These Terms and Conditions are governed by the laws of the New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.
12.5 If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
12.6 If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.