Terms-and-conditions - PRO-REALTOR AUSTRALIA

 

PRO REALTOR General Conditions of Use

These terms and conditions, together with the PRO REALTOR Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the PRO REALTOR Site (“Conditions”), govern your use of and access to the Site.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the PRO REALTOR Site. Your subsequent or continued use of the PRO REALTOR Site will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to discontinue your use of the Site immediately.

These terms and conditions of use were last updated in August 2020.

PRO REALTOR Site

While we use reasonable endeavours to ensure that the (PRO REALTOR) Site is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error-free. Your access to the PRO REALTOR Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Membership

PRO REALTOR membership is restricted to licensed real estate professionals only.

To access or use the PRO REALTOR site, you must register as a member of the PRO REALTOR.

Your membership information is exclusive to you, the agent, and you, the agent, control all information contained in your membership. This includes all client information you enter. It is only ever accessible via your individual login. Other agents cannot access your dashboard or data.

You have the right to change the agency you represent at any time, and when doing so, the information related to properties sold or for sale or any client’s information entered and stored in the CRM will remain with you and under your control; this is until the deletion of your membership.

The agency you represent cannot access or use your information about past or present property sales without your permission. Your membership is you’re exclusively and under your sole control.

You must not share your login information with anyone else or provide access to this information. Anyone caught doing this is compromising the fact that PRO REALTOR is an agent-only site where agents can openly share information in private, without members of the public having access to this information.

Anyone caught intentionally sharing their login information will be barred for life.

When registering as a member, you must provide accurate, complete and up-to-date registration information, as requested. It is your responsibility to ensure this information is up to date and current. All details are easily kept up to date via your dashboard.

We will treat your data strictly in line with our Privacy Policy.

You must not impersonate or create a membership for any person other than yourself.

We may, at any time, request a form of identification to verify your identity.

You must ensure the security and confidentiality of your membership details, including any username or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

PRO REALTOR is exclusive to agents. As a member of PRO REALTOR, you will have access to privileged information from other agents and their client’s properties. This information is for your eyes only to promote the property to find a buyer. You are not to use this information for any purpose other than finding the best buyer for this property. All vendor information provided by fellow agents must be treated with the same privacy, care and attention as you would if this was your vendor.

We reserve the right to, in our sole discretion, suspend or terminate your membership and access to all or any part of the PRO REALTOR site if we believe you are abusing the services.

Your conduct

You must not:

(a) Use the PRO REALTOR site in breach of any applicable laws or regulations;

(b) Use the PRO REALTOR site (or material obtained from the PRO REALTOR site): to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “or “spamming”;

  1. to impersonate any person or entity;
  2. to solicit money, passwords or personal information from any person;
  3. to harm, abuse, harass, stalk, threaten or otherwise offend others; or for any unlawful purpose;

(c) Use the PRO REALTOR site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make possible) any Material that:

  1. contains, promotes, or provides information about unlawful activities or conduct;
  2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  3. exploits another person in any manner;
  4. contains nudity, excessive violence, or sexual acts or references;
  5. includes an image or personal information of another person or persons unless you have their consent;
  6. poses or creates a privacy or security risk to any person;
  7. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  8. contains large amounts of untargeted, unwanted or repetitive content;
  9. contains restricted or password-only access pages or hidden content; contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  10. advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  11. contains financial, legal, medical or other professional advice;

(d) Interfere with, disrupt, or create an undue burden on the PRO REALTOR site;

(e) 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 PRO REALTOR site;

(f) Use the PRO REALTOR site with the assistance of any automated scripting tool or software;

(g) Frame or mirror any part of the PRO REALTOR site without our prior written authorisation;

(h) Use code or other devices containing any reference to the PRO REALTOR site to direct other persons to any other web page;

(i) Except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the PRO REALTOR site or cause any other person to do so; or

(j) Delete any attributions or legal or proprietary notices on the PRO REALTOR site.

You’re Material

By uploading, transmitting, posting or otherwise making available any Material via the PRO REALTOR site, you:

(a) Grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose;

(b) Except where expressly stated otherwise, also grant each user of the PRO REALTOR site a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form for any purpose, subject to the Conditions;

(c) Warrant that you have the right to grant the abovementioned licences;

(d) Warrant that the material does not breach the Conditions; and

(e) Unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the material.

We reserve the right (but have no obligation) to:

review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make possible) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and monitor the use of the PRO REALTOR site, and store or disclose any information that we collect, including to investigate compliance with the Conditions or for any police investigation or governmental request.

We are not responsible for and accept no liability concerning any Material uploaded, posted, transmitted or otherwise made available on the PRO REALTOR site by any person other than us. For the avoidance of doubt, we will not have uploaded, posted, transmitted or otherwise made the material available on the PRO REALTOR site only by facilitating others to post, transmit, or other make content accessible. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying us

If you think that your PRO REALTOR membership has been accessed or used by another user in breach of the Conditions, please email us at admin@prorealtor.com.au; we’ll consider whether there are grounds for taking any action.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the material (s) that you believe infringe(s) your copyright, identify each copyright-protected work in which you own the rights and which you believe are infringed, determine how each copyright-protected work has been or is being violated and include your contact information. You will need to sign the notice and send it to admin@prorealtor.com.au.

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the PRO REALTOR site.

The PRO REALTOR site contains material that is protected by copyright, trademark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the content on the PRO REALTOR site for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on the PRO REALTOR site to establish, maintain or provide, or assist in establishing, maintaining or providing your publications, Internet site or other means of distribution.

Nothing displayed on the PRO REALTOR site should be construed as granting any right of use to any logo, masthead or trademark displayed on the PRO REALTOR site without the express written consent of the relevant owner.

Third-party websites, advertising and activities

Without our prior written consent, you must not link to the PRO REALTOR site from any other website (or otherwise authorise any other person to link from a third party website to the PRO REALTOR site).

The PRO REALTOR site may feature or display third party advertising. By featuring or showing such advertising, we do not represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the PRO REALTOR site, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

Disclaimer

You use the PRO REALTOR site at your sole risk.

PRO REALTOR was created to facilitate agents working together, allowing agents to find buyers for each other’s properties, where they will share the sale commission generated from the sale of a property. 

The PRO REALTOR share offered on each property can be seen on each property listing. When an agent sends a PRO REALTOR request on a property, it is deemed that they are agreeable to the commission share displayed, and as documented on the Conjunction forms that are automatically generated by the PRO REALTOR site.

Further terms and conditions on each Conjunction are provided to each agent attached to the Conjunction agreement, including details of the payment procedure.

PRO REALTOR is a private membership; and or club for licenced real estate agents only.

Members must ensure their licence and training requirements are up to date at all times, as prescribed under the laws in your practising jurisdiction.

Failure to comply with the laws and regulations in your practising jurisdiction could also result in your termination of membership in PRO REALTOR and could result in a permanent life ban.

We do not make any representation or warranty that any Material on the PRO REALTOR site will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the material on the PRO REALTOR site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability concerning, any other users’ use of, access to or conduct in connection with the PRO REALTOR site in any circumstance.

Limitation of liability

You use the PRO REALTOR site at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the PRO REALTOR site that is not expressly set out in the Conditions.

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, to:

(a) In the case of services supplied or offered by us:

(i) The re-supply of those services; or

(ii) The payment of the cost of having those services re-supplied; and

(b) In the case of goods supplied or offered by us:

(i) The replacement of the goods or the supply of equivalent goods;

(ii) The repair of the goods;

(iii) The payment of the cost of having the goods replaced; or the amount of the cost of having the goods repaired.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the PRO REALTOR site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, individual and consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the PRO REALTOR site.

Indemnity

You agree to indemnify and hold us harmless against any expenses fully, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the PRO REALTOR site, including any breach by you of the Conditions.

GST

Where GST applies to any amount made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A Tax System (Goods and Services Tax) Act 1999 (“Act”). Tax Invoice means tax invoice as defined by the Act.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using the PRO REALTOR site, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable law

These Conditions shall be construed following and governed by the laws of Australia.

Definitions

In these terms and conditions:

“Conditions” means these terms and conditions, together with the PRO REALTOR Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the PRO REALTOR site.

“PRO REALTOR site” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).

“Material” means text, illustrations, photos, audio, and video, any combination of these or other material.

“Us”, “we” or “our” means PRO REALTOR PTY LTD - ABN 80617579414

Google Maps

The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following URL: http://www.google.com/intl/en_us/help/terms_maps.html.