Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE – Client

1. Acceptance
By accessing this web site, you agree to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

2. Use License
2.1. Permission is granted to temporarily download one copy of the materials (information or software) on WhatsMyPlaceWorth.com.au’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

2.1.1. modify or copy the materials;

2.1.2 use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

2.1.3. attempt to decompile or reverse engineer any software contained on WhatsMyPlaceWorth.com.au’s web site;

2.1.4. remove any copyright or other proprietary notations from the materials; or

2.1.5. transfer the materials to another person or “mirror” the materials on any other server.

2.2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by WhatsMyPlaceWorth.com.au at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

3.1. The materials on WhatsMyPlaceWorth.com.au’s web site are provided “as is”. WhatsMyPlaceWorth.com.au makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, WhatsMyPlaceWorth.com.au does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site, or any material supplied by the websites registered agents in the provision of a service to you. WhatsMyPlaceWorth.com.au is not responsible for the information provided by its registered agents. Any discrepancy provided between the appraisal provided by the site’s registered agents and the eventual selling price of your property is not the responsibility or fault of WhatsMyPlaceWorth.com.au or its registered agents. WhatsMyPlaceWorth.com.au provides a market opinion only and not a licensed or qualified valuation.

Queensland:

© State of Queensland (Department of Natural Resources, Mines and Energy) 2019. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws; more information at www.propertydatacodeofconduct.com.au.

4. Limitations
In no event shall WhatsMyPlaceWorth.com.au or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on WhatsMyPlaceWorth.com.au’s Internet site, even if WhatsMyPlaceWorth.com.au or a WhatsMyPlaceWorth.com.au authorised representative has been notified orally or in writing of the possibility of such damage.

5. Revisions and Errata
The materials appearing on WhatsMyPlaceWorth.com.au’s web site could include technical, typographical, or photographic errors. WhatsMyPlaceWorth.com.au will take all reasonable steps to ensure information appearing on the web site is accurate. However WhatsMyPlaceWorth.com.au does not warrant that any of the materials on its web site are accurate, complete, or current. WhatsMyPlaceWorth.com.au may make changes to the materials contained on its web site at any time without notice. WhatsMyPlaceWorth.com.au does not, however, make any commitment to update the materials.

6. Links
WhatsMyPlaceWorth.com.au has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by WhatsMyPlaceWorth.com.au of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications
WhatsMyPlaceWorth.com.au may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law
Any claim relating to WhatsMyPlaceWorth.com.au’s web site shall be governed by the laws of the Commonwealth of Australia without regard to its conflict of law provisions.

9. General Terms and Conditions applicable to Use of a Web Site.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

WEBSITE TERMS AND CONDITIONS OF USE – Agent

By using The Website and the Services and information offered on The Website, you are agreeing to these terms and conditions.

2. Definitions

4. Privacy

We are committed to protecting Your Privacy in accordance with our Privacy Policy. By accessing the Website You agree to the terms of our Privacy Policy. To view our Privacy Policy, please click here.

5. Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. You agree that you will not modify or copy any information on The Website for any purpose. You agree that you if you do modify, copy or in any other way breach this licence by using the intellectual property on The Website for other than it’s intended purpose, then you explicitly acknowledge, that you agree to pay an intellectual property licencing fee of $5,000 per week plus any legal fees associated with recovering these fees. If you make any public comments on The Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website. We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

6. Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

7. Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

8. Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

9. Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

10. Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

11. Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Queensland Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland.We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Service Terms

Our Service Commitments

We agree that there will only be one Partner Agent assigned to each Suburb at any one time.

We will provide Client house price report requests to the Partner Agent assigned to the relevant Suburb via email or SMS supplied to Us at time of application.

Our Service involves matching a Property and Client with Agents who match the requirements for that Property and Client. Once You have registered and provided the information required to set up Your profile with the Service, We will include Your details in Our database. You can then be matched with Properties and Clients.

We aim to provide an excellent user experience for Clients and Agents when interacting with the Website and the Call Centre, with the goal of maximising Client traffic and use of the Service.

We don’t make any commitment that you will receive Leads, or any particular number of Leads, or as to the validity or quality of Leads you may receive. (For the purpose of these Terms, a Lead means any information with respect to a Property or a Client provided by WhatsMyPlaceWorth.) You acknowledge the Service is provided on a non-exclusive basis.

Partner Agent Commitments

By applying to be a Partner Agent you agree that you are a licenced real estate agent or sales associate and you are legally permitted to operate as a real estate agent or sales associate in the Suburb your are applying for a subscription to.

To get registered and set up on the Service, You need to provide information and content (Content) We request via the Website to set-up Your profile. You must then keep that Content up-to-date going forward. The Content We require includes:

profile information;

information regarding the market You service;

contacts details and the market You service;

an Agent’s photo for use on the Website;

an Agent’s or Agency’s licence or registration number;

an Agent’s membership number or any applicable real estate institute number;

the Agency’s logo/ trade mark; and

commercial details such as the commission You would charge for providing Your service to Clients.

The Content You provide must comply with any Content standards or guidelines We communicate to You from time to time (Standards). As the Service evolves, We may require You to provide additional Content. We will notify You in those cases. We ask You to respond promptly in those cases, to ensure the Content is up-to-date and accurate, and to ensure it is continues to comply with any Standards.

In Your dealings with Clients and other third parties in connection with the Service, You must act in a manner which supports and enhances the brand and reputation of the Service and of WhatsMyPlaceWorth.com.au. As part of that:

You must act professionally, courteously, and with integrity, candour and honesty in Your dealings both with Clients and with WhatsMyPlaceWorth.com.au;

You agree to respond to Leads diligently and make all reasonable efforts to provide competitive and high levels of service to Clients;

You must comply with applicable laws relating to the activities You perform as an Agent or Agency (this includes maintaining a current real estate agent or agency licence and complying with the Australian Privacy Principles (APPs)).

If We consider You are not upholding the standards described in paragraph c) above, We may remove or suspend Your registration with the Service for such period as We determine until We are satisfied You have taken steps to ensure compliance in future.

As a Partner Agent you agree to indemnify Us and all our associated entities from any liability associated with you performing your duties as a real estate agent, sales associate or business.

Any data or personal information collected by Us through a house price report request from a Client which is which is then provided to The Partner Agent shall remain property of Us. Such data and information must be stored by the Partner Agent in a way that is compliant with current privacy legislation of Australia.

We may provide Partner Agents with marketing material which can then be printed and distributed. The Partner Agent may undertake this activity in order to generate homeowner enquiries to the website. The Partner Agent acknowledges that they must not modify the marketing material provided, that it must be printed in full colour in the original size intended by Us. Should a Partner Agent modify, or not adhere to this clause We will terminate their subscription immediately with no refunds given.

The Partner Agent is responsible for obtaining marketing permission from the Client, that satisfies the requirements of the Spam Act 2003, as well as the Privacy Act 1988 and any subsequent updates to these acts.www.whatsmyplaceworth.com.au grants no permissions on behalf of the homeowner other than the permissions required for you, the agent, to complete the task of providing a Free House Price Report.

Fees

The Subscription Fee is to be paid by the Partner Agent on an automatically renewing Monthly basis paid on the 1st day of every Calendar Month. Should a Partner Agent fail to make a payment on time then We reserve the right to cancel the Service and make the Suburb available to another Agent. If a Partner Agent wishes to cancel the Service then 30 days notice must be given with notice of cancellation provided in writing. Upon termination of the Service, all information and data supplied to the Partner Agent by Us must be deleted and or destroyed permanently. We remain owners of all Client information supplied to any Partner Agent. If it is found by Us that a Partner Agent is behaving in a manner that is deemed by Us as inappropriate, abusive, negligent, dishonest or lacking in integrity, we will terminate the Service of that Partner Agent without notice and no refunds will be given. Refunds will be given at the sole discretion of the www.whatsmyplaceworth.com.au management. We reserve the right to change our Subscription Fee at any time or cancel a Partner Agents Service. In such cases We will give the Partner Agent 30 Days Notice. If a Partner Agent breaches these terms and conditions may result in the immediate termination of the Service.