Summary: Your use of OpenAgent’s products and services are subject to these terms, so it’s important that you read them carefully. 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 Services and the Website provided by OpenAgent are owned and operated by OpenAgent.
1.3. These User Terms apply whenever you access or utilise the Services or the Website, regardless of how you access it or interact with us.
1.4. We may revise these User Terms from time to time by updating the Website. You should review these User Terms periodically so that you are updated on any changes. Any variation or change will be effective immediately. Any material revisions of the User Terms which will have a material and detrimental impact on your rights and obligations will be notified to you by a posting on the Services or the Website, via e-mail or any other means. If you continue to use any of the Services or the Website, you will be deemed to have accepted the updated User Terms. The terms and conditions below are the current User Terms and replace any other terms and conditions previously published on the Website.
Summary: To gain access to our services through the website, you will need to create an account which also means agreeing to these terms. You need to provide accurate information as we may contact you from time to time, including on Sundays. OpenAgent will review registrations and your use of our services generally, but you are responsible for anything that happens under your account. We have the discretion to cancel your account, including where you engage in misleading or unlawful behaviour, or generally prohibited activities.
2.1. You must register your membership with OpenAgent in order to make use of the Services.
2.2. Registration is free. By registering you accept that:
a) you must provide us with accurate and complete registration information including your contact details and all property details;
b) you can cancel your registration with us at any time by notifying us via email at firstname.lastname@example.org. Note: we will then use our best efforts to cancel your registration within 21 working days of our receipt of your request;
c) you have been provided to a link to these User Terms prior to submitting your registration, and as a result, your decision to register is one of fully informed consent.
2.3. We reserve 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 with you.
2.4. By providing a contact number, you are expressly authorising and consenting to receiving calls and electronic messaging from OpenAgent, including direct contact on a Sunday.
2.5. At the beginning of each phone call to you, we will notify you that the phone call will be recorded for quality and training purposes. Subject to any notifcation from you to us that the phone call should not be recorded, you agree to the recording of inbound and outbound phone calls between you and us for the purposes of quality and training purposes.
2.6. You accept that you are responsible for maintaining the confidentiality of your log in details to any of the Services, including your user name and password, and as such, you agree that OpenAgent will not be liable for any loss or damage of any kind arising from your failure to comply with Clause 3 (Prohibited Activities) and Clause 11 (Warranties).
2.7. OpenAgent may terminate your use and access to the Services at any time, for any reason and without notice including but not limited to the following reasons:
a) where your registration information is inaccurate, misleading, false or otherwise harmful. This includes where you are not the owner of the property registered;
b) where we conclude that your conduct adversely impacts on our name or reputation;
c) where you have not attained the minimum age of 18 years or otherwise do not have the full legal capacity to use the Services to enter into any transaction sourced or derived from your use of the Services;
d) where you are in breach of any law or regulation, including where we conclude that your conduct violates our rights or the rights of another party;
e) actual or suspected engagement in any of the Prohibited Activities (see Clause 3 below).
Summary: There are also some do’s and don’ts when using our services. 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.
3.1. By registering or engaging with our Services, you agree that you will not send or post Content which:
a) are prohibited by these User Terms;
b) infringes the rights of OpenAgent or any third-party (including Intellectual Property rights);
c) is materially incorrect, or is capable of being misleading and deceptive, or is false or otherwise harmful;
d) constitutes or encourages conduct that would be considered a criminal or civil offence in Australia or any other country in the world;
e) contains Personal Information or imagery of an individual used without their permission or any property other than the subject property;
f) contains a cartoon or illustration (other than for the purposes of accurately illustrating a property or part thereof where a photograph is not possible or would not accurately represent the property);
g) promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; or
h) promotes information that is false.
3.2. In using the Services, you further agree that you will not:
a) engage in Misleading or Deceptive Behaviour;
b) contact any advertiser of a property on the Services for any purpose other than to potentially purchase an advertised property or list a property for sale;
c) collect or store Personal Information about other users of the Services and Website without their express written consent;
d) impersonate any person or entity;
e) solicit money from any other person or entity outside the restrictions of a lawful transaction;
f) harass any person or entity through the Services;
g) imply or expressly make statements under the endorsement of OpenAgent, without our specific prior written consent;
h) send, post, distribute or reproduce any copyright material, trademarks, proprietary information or Intellectual Property without obtaining the prior written consent of the owner;
i) attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Services and the Website (including any source code or algorithms);
j) post, download or communicate any file or material posted by another user of the Services or the Website, if you know, or reasonably ought to know, that the file or Content cannot legally be downloaded or communicated in that matter;
k) 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 Services or the Website.
l) interfere with the computer systems which support the Services, or overload an OpenAgent service, or engage in a denial-of-service attack, or attempt to disable a host;
m) post, communicate or transmit any file which contains viruses, worms, “trojan horses” or any other harmful, contaminating or destructive features;
n) access or attempt to access information resources you are not authorised to use.
Summary: We are not a real estate agent or credit provider and we do not act for you in the financing, purchase, sale or rental of land or property. You are responsible for any agreements you enter into, not OpenAgent. We will do our best to review content posted via the services but ultimately, we are not responsible for any content submitted by users, nor do we guarantee continuous availability or storage.
4.1. OpenAgent operates as an independent third-party facilitator in respect of any transaction and communication between users of the Services. We remain independent from any advice, Content, correspondence, information or representations given therein.
4.2. While OpenAgent may act as an introducer to third-party partners or entities with whom OpenAgent has a commercial relationship, you accept it has no authority to enter into any agreement with you or any other person on behalf of a third-party partner or entity, and does not hold itself out as having such authority or otherwise as an agent, employee, officer or franchisee of a third-party partner or entity.
4.3. Users engaging with the Services of OpenAgent undertake full responsibility for the decision to engage with one another. This includes with real estate agents or Credit Partners. For clarity, OpenAgent is in no way party to and will not be liable for or have any relationship with enforcing any agreement made between users or any real estate agent or Credit Partner appointed or contracted with.
4.4. You accept that OpenAgent is not responsible for, and has no liability with respect to, any Content uploaded, posted, transmitted or otherwise made available on the Services by any person other than us.
4.5. You agree that OpenAgent has the right to:
a) review, modify, reformat, reject or remove any Content which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) via the Services;
b) monitor use of and engagement with the Services, and store or disclose any Content that we collect, including in order to investigate compliance with these User Terms and for the purposes of any police investigation or governmental request.
4.6. You agree that OpenAgent will not be taken to have uploaded, posted, transmitted or otherwise made Content available on the Services by facilitating other users of the Services to post, transmit or otherwise make Content available.
4.7. OpenAgent does not represent or endorse the accuracy or reliability of any of the Content, linked websites, advice, opinion, statement or other information displayed, uploaded or distributed by OpenAgent, Credit Partners, our commercial partners, any site user or any other person or entity.
4.8. We have no responsibility or liability for the deletion or failure to store any communications or Content posted on the Services or the Website.
4.9. We may, in our sole discretion and without notice, vary, suspend or discontinue, temporarily or permanently, any or all of the Services or the Website and you agree we are not liable to you or any third-party for such variation, suspension or discontinuance.
Summary: We can provide you with general information and a historical report on your property, but this is not formal or professional advice. You rely on it at your own risk. All Content and communications made by you are your responsibility.
5.1. While you may request a suburb report or price estimate via our Services or Website, you understand and accept that this information is of a general, unverified and historical nature only. It does not constitute professional advice to be relied upon by you, or any other person.
5.2. You understand and accept that Content on the Services or Website or in any related publication in connection to the Services or Website should not be regarded as a substitute for professional legal, financial, credit or real estate advice.
5.3. You agree that any Content provided to you is on an “as is” and “as available” basis and on the condition that you undertake all responsibility for assessing and considering the accuracy of Content and rely on it at your own risk.
5.4. For certainty, any Content provided on the Services or Website is accepted by you to be a reference tool to empower you to make your own decisions and seek further independent professional advice.
5.5. By using and accessing the Services or Website , you agree that you acknowledge that communications are not strictly private communications and you are solely responsible for any Content posted by you, and that OpenAgent assumes no responsibility or liability arising from any such Content.
5.6. As a result of Clause 4 and this Clause 5, you agree that OpenAgent takes no responsibility for the accuracy, quality, reliability, safety or legality of the services, correspondence, monies, information and/or opinions provided or supplied in connection with the Services.
Summary: You will need to provide us with information in order to receive real estate agent recommendations for the rental or sale of your property. We don’t charge you for receiving these recommendations or require you to make any decisions based on our opinion. You will remain responsible for choosing any real estate agents for the rental or sale of your property.
6.1. The Vendor Research Services are services that enable you to search for and select real estate agents who, in our opinion, meet the requisite skills, knowledge and ability to effectively facilitate the sale or rental of real estate property.
6.2. To receive the Vendor Research Services, you will need to provide a Submission. In providing a Submission to us, you must provide correct, accurate and honest details of the property in which you, in good faith, plan to sell or rent-out.
6.3. We will then assess your Submission to select certain real estate agents who, in OpenAgent’s opinion meets the requisite skills, knowledge and ability to effectively facilitate the rental or sale of your property.
Note: some agents may not be considered in the results due to commercial arrangements, area or availability. Some commercial arrangements are only in place with the top real estate agents in an area which may impact your search results. If you would like further information about this, please let us know.
6.4. You agree that we may provide details of your Submission to various real estate agents and may request further information from you to facilitate the rental or sale of property.
6.5. We will provide you with the outcome of our 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 in relation to your property.
6.6. 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 a professional services fee but you have no liability toward OpenAgent in this regard.
6.7. You agree that the selection process in respect of real estate agents presented to you is based on our opinion only, and the research we undertake and, accordingly, we have no responsibility, liability nor obligation in respect of your selection of a real estate agent in respect of the rental or sale of your property.
6.8. 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. The information we provide is merely a reference tool to empower you to make your own decisions.
Summary: You can use the Off-Market Network to communicate with other users and buy or sell real estate property. However, you must not engage in misleading or deceptive behaviour and any communications or transactions will be independent from us. We may make changes to the Off-Market Network at any time and may disclose the content you provide to third-party services.
7.1. Through the Off-Market Network, we provide a platform for you to communicate with other users to facilitate the sale and purchase of real estate property. It includes marketing and advertising services. We act as a third-party facilitator and are not a party to any transaction that may take place following interactions on our platform.
7.2. Your use of the Off-Market Network is subject to your acceptance of the following:
a) OpenAgent remains independent from any advice, Content, correspondence, information or representations given therein by either a real estate agent, a buyer or a vendor in connection with the Off-Market Network;
b) if you are a vendor, you warrant that:
i. where required by law, you have prepared a contract for sale for the sale of the registered property which is listed on our Off-Market Network and/or Website;
ii. any details or information provided to us about your property are accurate; and
iii. your use of the Off-Market Network is for your personal and non-commercial use only.
c) if you are a potential purchaser of property, you warrant that:
i. you are a genuine potential purchaser of property;
ii. the details or informatuon you provide to us about your purchase specifications is accurate;
iii. your use of the Off-Market Network is for your personal and non-commercial use only.
d) your use of the Off-Market Network will result in your personal information being shared with a real estate agent, vendor and/or buyer (without limitation).
e) any outcomes facilitated by our provision of the Off-Market Network are subject to and conditional upon a contract of sale being entered into between a vendor and potential purchaser.f) The contract of sale is subject to and conditional on the following:
- cooling off periods;
- finance conditions;
- building and pest inspections;
- satisfaction of any other conditions specified in the contract of sale and/or under applicable law,
as agreed to between the vendor and potential purchaser from time to time. For certainty: OpenAgent is not a party to any contract of sale entered into by users of the Off-Market Network and does not warrant that any contract for sale is or has been validly executed.
7.3. OpenAgent reserves the right to change or discontinue any website, feature or service (including pricing for any chargeable feature or service) on the Off-Market Network at any time.
7.4. You agree not to make statements or create Content on the Off-Market Network, that is incorrect or likely to create a false impression or is or likely to be construed as Misleading and Deceptive Behaviour. This includes advertising the price of a property that is less than a reasonable estimate of the property’s likely selling price.
Please read Clause 11 for further Warranties in relation to your use of the Off-Market Network.
Summary: We provide a tool that generates an estimate of what a property might be worth. However, this is just an estimate and should not be relied upon. We recommend speaking to a professional valuer or real estate agent to receive an appraisal or valuation of your property.
8.1. You agree that your use of the OpenEstimates tool is for your personal use and research only. It does not constitute professional advice in connection to the appraisal or value of real estate. For clarity, the price suggested by OpenEstimates is an estimate and is influenced by the subjective information you provide. The price suggested may vary substantially from any property price actually realised.
8.2. You accept sole risk and responsibility for all decisions you make in connection with, or reliance on, OpenEstimates.
8.3. To the extent permitted by law, OpenAgent makes no representation, warranty or promise that your use of OpenEstimates 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.
8.4. You accept that OpenAgent does not give financial or credit advice in connection to your use of OpenEstimates. Further, you understand that OpenEstimates does not take into account your personal needs, financial situation or circumstances.
8.5. You understand that you should consult a professional valuer or real estate agent to receive advice on the value of a real estate property.
Summary: We will only refer you to a credit provider or intermediary where you provide us with consent. We cannot provide credit advice and any information that we do provide has been supplied to us by credit providers or is of a general nature only. You should receive independent professional advice before acting on any information in relation to a credit provider.
9.1. In limited circumstances, OpenAgent may provide you with a referral to a Credit Partner. We will not pass on your name, contact details or a description of the purpose for which you may want the credit to a Credit Partner without your consent. Please see OpenAgent's Credit Guide for more information.
9.2. In providing referrals to our Credit Partners, OpenAgent:
a) will not charge you a fee for the referral;
b) will not provide you with credit assistance by suggesting or assisting you to apply for, increase or remain in a particular credit contract;
c) will not provide any recommendations or advice concerning loans or credit generally;
d) will only inform you that we are able to arrange a referral to a Credit Partner but cannot specify any particular product; and
e) will inform you of any commissions or other benefits we will receive in relation to the referral. (Note: You can also request from us a reasonable estimate of the amount of commission payable to us from a Credit Partner to help you understand how it is all worked out).
9.3. To the extent that any OpenAgent data, ratings or commentary constitutes general advice, this advice has been prepared by our Credit Partners and does not take into account your financial circumstances or needs. Any such information provided on and available from Credit Partners does not constitute credit, financial, taxation or other professional advice from OpenAgent and should not be relied upon as such. Any Credit Partner product and service information is for general purposes only.
9.4. We do not warrant the accuracy of any information on a Credit Partner and recommend that you confirm it with the Credit Provider before acting on it. We also recommend that, before you make any credit or financial decision, you seek independent professional advice from a suitably qualified adviser.
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.
10.1. All Intellectual Property in relation to the Services and Website belongs to OpenAgent or its licensors, advertisers, associated or related entities or affiliates.
10.2. OpenAgent and its associated or related entities retain all rights, title, and interest in and to the Services and Website Intellectual Property, and nothing you do on or in relation to the 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 User Terms.
10.3. We grant to you a worldwide, royalty-free and non-exclusive licence to view and use our Services and Website for the term of your registration, and only for the limited purpose of receiving the benefit of the Services as contemplated by us, and subject to your compliance with these User Terms.
10.4. You grant to us an irrevocable, 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 Services.
10.5. When 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 Services, or take other steps that OpenAgent deems appropriate, without prior notification to the user who supplied or posted that Content.
10.6. You agree not to do anything that interferes with or breaches our Intellectual Property rights in connection with the 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 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 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 Services or Website;
d) 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;
e) 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;
f) 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;
g) 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;
h) 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 Services or Website if you wish to obtain such consent;
i) modify Content or material on the Services or Website in any way (including any copyright notice).
10.7. 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 the Services or Website, as well as its use by us.
Summary: these are the promises or guarantees that are conditional to your use of our services. We’re focused on respecting people and their rights – so, you need to be as well. While the services facilitate opportunities for real estate opportunities and transactions, you must perform your own independent checks and take full responsibility for your decisions. We will also do our best to make the services and website work for you but cannot guarantee that they will always be free from any issues or always available.
11.1. Your use of the Services and the Website, is conditional on the following representations and warranties you provide to us:
a) Your creation of Content will not result in a breach any of these User Terms or engagement with any of the Prohibited Activities (see Clause 3):
b) The information you have provided to us is accurate, complete and up-to-date;
c) You have full legal capacity and lawful entitlement to authorise the following via our Services (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.
d) You have the right to, and will grant, the rights granted under Clause 10 (Intellectual Property) and that OpenAgent’s use will not infringe any Intellectual Property rights (including that of any third-party);
e) You will not do anything that could adversely impact on our reputation.
11.2. Further, you warrant that you will undertake your own checks, independent verification and independent advice to satisfy:
a) the legal identity and capacity of any other party involved in any transaction facilitated by the Services; and
b) the suitability and particulars of, matters affecting any real estate, real estate transaction or interest in real estate that is published, disclosed, marketed, advertised or promoted using the Services.
11.3. You accept that OpenAgent makes no warranty or representation of any kind to you regarding:
a) the performance, legal capacity or validity of any real estate transaction facilitated through the Services;
b) the availability or suitability of credit services recommended or provided by a Credit Partner;
c) the availability of the Services or the Website.
d) the functions contained in the Services or the Website, including OpenEstimates, 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;
e) whether our Services or Website will meet your expectations or requirements.
11.4. The warranties provided by you under this Clause 11 are binding on your legal heirs, assignees, successors and personal representatives.
Summary: We have no liability to you except under Australian Consumer Law and for promises we have made under these terms. For those promises, it’s capped at the amount paid by you to us, or if in direct connection to the website, $100 (AUD). If liability cannot be excluded, then we will either re-supply the Services or pay for the costs of having the Services re-supplied. If someone has a claim against us in connection with your use of our services or website, including the general warranties you have made – then you are responsible for defending us and cover the cost of that defence. There is no indemnity limit for this. If you have any claims, you must pursue that against the relevant third-party.
12.1. Nothing in these User 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. To the extent permitted by law, you agree that OpenAgent is excluded from all conditions and warranties relating to your use of the Services and the Website that are not expressly set out in these User Terms. In relation to any express warranty or condition set out in these User Terms in connection with the Services supplied or offered by us via the Website, our liability to you will be limited to the amount paid by you in respect of those Services or if in relation to your use of the Website, it will be limited to $100 (AUD). To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, the re-supply of the Services; or the payment of the cost of having the Services re-supplied.
12.3. 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:
a) your use of our Services or the Website. This extends to any dealings you have or instigate with any buyers, vendors, real estate agents, agencies and any other third parties, including Credit Partners in connection with our Services;
b) any breach by you of Clause 10;
c) a breach of your Warranties under Clause 11.
Your liability under this sub-clause 12.3 is not subject to any limit or exclusion of liability under this Clause 12.
12.4. Notwithstanding anything to the contrary in these User Terms, 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, in relation to:
a) your use of the Services or Website;
b) any activity, transaction, communication or other interaction between you and any other party in connection with the Services;
c) any errors or omissions from any Content on the Services or Website including typographical, location, pricing or photographical errors;
d) any technical malfunction, error, virus, delay or interference.
12.5. You agree to pursue any claim or action against any other site user or registered user of the Services arising from use of, or in connection with the Services independently of and without any demands from or claims, liability and damages connected to OpenAgent.
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 registration, you will be subscribed to our marketing email list.
14.2. From time to time, we may send you electronic communications about marketing opportunities, promotions, reminders and contests. These mayinclude marketing information about OpenAgent and/or our selected business and commercial partners, including without limitation real estate agents.
14.3. In connection with electronic communications, we may provide details of your Submission to various real estate agents to facilitate the rental or sale of property where you authorise us to do so, including without limitation, by nominating or advising us of your communication preferences.
14.4. If you wish to unsubscribe from our marketing email list, you may do so by sending an email to email@example.com. In addition, each email sent to you via our marketing email list will contain an unsubscribe link so that you can opt-out of that subscription.
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.
15.1. Our 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 on our Services or Website 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 Services or the Website.
15.2. You agree that if you choose to access links to third-party sites via the Services and the Website, you do so at your own risk
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.
16.1. Your use of our Services and Website is governed by the law in the State of New South Wales, Australia, and you agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
16.2. If any part of these User Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, Clause 11 and Clause 12, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these User Terms shall continue in effect.
16.3. OpenAgent reserves the right to investigate and take appropriate internal measures, as well as legal action, against anyone who breaches these User Terms or is involved with the breach of these User Terms. If we do not act in relation to a particular breach by you of these User Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
16.4. The rights and obligations under Clauses 10, 11, 12, and any other clause which by its nature is intended to survive the termination or expiry of any of the Services will continue in full force and effect after these User Terms end.
Agent Portal means https://agents.openagent.com.au and any other OpenAgent online portal interfacing with the Services.
Australian Consumer Law is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Content means information including any combination of data, illustrations, text, video, still images, audio or other material.
CoreLogic’s End User Terms and Conditions refers to the terms and conditions reproduced at http://www.corelogic.com.au/endusertermsconditions.
Credit Partner means a third-party credit provider or a commercial partner that engages in credit activities other than as a credit provider.
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 the 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.
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 User Terms any reference to “our”, “us” and “we” also refers to “OpenAgent”.
OpenEstimates means the services available at https://www.openagent.com.au/openestimates.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
Services means any products or services provided through the Website, including but not limited to OpenEstimates functionality, the Agent Referral Services, the Off-Market (Buyer's) Network, and the Vendor Research Services.
Submission refers to the various forms of Personal Information and information related to the Services that will be read and assessed by OpenAgent.
User Terms means these terms and conditions.
Website means http://www.openagent.com.au and includes any other communication means (for example, internet, email, tablets, smart phones, mobile phones, Agent Portal and data feeds) interacting with http://www.openagent.com.au.