Agent Terms of Use

We are committed to helping you deliver the best property experience to your customers. Our Terms of Use explain how You can use Homepass.

Terms of use disclaimer

These Terms of Use apply to Your use of all Homepass Australia ACN 602 046 480 (“we”, “us” and “our”) websites and apps (“Homepass”).
By using our website or apps You agree to be bound by these Terms and become a party to this agreement.

If You are entering this agreement on behalf of a business or other legal entity for example as a real estate agent using our Homepass 360 offering, You represent and warrant that You have the authority to bind such entity and its affiliates to these Terms of Use and in this case, “You”, “Your” and “Account Holder” will refer to such entity and its affiliates. If You do not have such authority, or if You do not accept these Terms and conditions, You must not use our websites or apps.

These Terms also incorporate our Privacy Policy and any Terms and conditions applicable to the particular Homepass offerings You choose to use.

Please read these terms carefully before accessing or using our products or services.

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These Terms apply to all uses of Homepass websites and apps.

Amendments to Terms of Use

We may amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on our websites or apps or in any other way including SMS or email. Your continued use of our websites or apps following such notification will represent an agreement by You to be bound by the Terms of Use as amended. These Terms of Use were last revised July 2015.

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We will let You know if these Terms change.

What is Homepass?

Homepass facilitates the purchase, sale or rental of real property.

Homepass may be accessed online via a desktop, laptop or on our mobile app called Homepass and is designed to make it easy for real estate agents to interact with buyers, sellers or renters (“Customers”) that may be interested in a listed property.


User requirements and Contributions to Homepass

Any information including data, text, video, still images, audio or other material that Homepass has permitted You to host, share, publish, post, store or upload on our websites or apps as permitted under these Terms is referred to as a Contribution.

Authorised real estate agent

As a condition of use, You warrant and represent to us:

  • You hold all licences, accreditations and authorisations required by law for You to sell or lease (or offer to sell or lease) the properties that You list through Homepass;
  • You are authorised to sell or lease (or offer to sell or lease) all properties that You list through Homepass;
  • the property listing, goods or services You display or offer, and the processes by which You offer those goods or services to a customer, comply with all applicable laws including but not limited to the Australian Competition and Consumer Act 2010 (Cth) and any other applicable fair trading legislation;
  • Your listing on Homepass (including any description) does not include anything that is misleading and deceptive including but not limited to Your qualifications as a real estate agent and is not offensive, defamatory, slanderous, libelous, violent, sexually explicit and/or exploitative.

Lawful use

You are responsible for Your compliance with these all of these Terms including but not limited to Your Contributions to Homepass. You must immediately notify us and any relevant authorities if You become aware of any use of Homepass that is, or is likely to be illegal or threatening to the health of any person. You must only use Homepass in accordance with applicable laws and government regulations.


Grant of licence

By supplying any Contribution to Homepass, including but not limited to listing data, descriptions of properties, associated text and photographs, Your brand or logo and property documents, You hereby grant us, our related bodies corporate, affiliates and our partners, a worldwide, irrevocable, non-exclusive licence to reproduce, promote, communicate to the public, display, publish, distribute, adapt and modify such material, and to sub-licence any of these rights for the following purposes:

  • supply our services that You requested to You (including but not limited to displaying and supplying the information or material to customers through Homepass or other affiliated apps, websites or platforms); and
  • to promote or operate Homepass or other affiliates apps, websites or platforms.

Accuracy, content and quality of Contributions

You understand and agree that we:

  • will not investigate or verify the accuracy or completeness of any Contributions;
  • are entitled to rely on the accuracy or completeness of Your Contributions;
  • will not be liable to Your or any third party for any loss or damage suffered or incurred by You, a customer or any third party as a result of your reliance on any Contributions;
  • do not control, vet or verify any information provided by a Customer to You though Homepass, we provide a facility only. You are responsible for confirming the veracity and accuracy of information supplied to You.

You represent and warrant that all Contributions on Hompass are:

  • not in breach of any law or regulation;
  • not infringing the intellectual property rights of any third party;
  • accurate, complete, relevant and up-to-date and if not, You will take all reasonable measures to correct them;
  • not misleading or deceptive or capable of misleading or deceiving;
  • not harmful to minors, obscene or otherwise offensive;

Non-compliance with Contribution responsibilities

Homepass reserves the right and discretion to provide You with the opportunity to remove offending content but does not have to provide You with this opportunity. At all times, Homepass reserves the right to remove Contributions that are non-complaint with our Terms of Use or are unlawful without prior notice to You. Also, in addition to any other rights and remedies under these Terms of Use and in law, Homepass reserves the right to immediately suspend or cancel access to its products and services for breach of any of these Terms.

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You are allowing us to use Your Contributions to provide our services and to promote Homepass. You need to be suitably qualified to make Contributions.

Restrictions on use

You must not, and must not permit or direct any third party to:

  • circumvent or modify any security mechanisms employed by Homepass;
  • reverse engineer, decompile or disassemble Homepass;
  • imply any affiliation or endorsement of You or any organisation by Homepass;
  • use Homepass for any fraudulent, unlawful or prohibited purpose, including use to store or transmit infringing, obscene, distasteful, offensive, harassing, libelous, defamatory or otherwise unlawful or tortious material;
  • transmit any viruses, Trojan horses, worms, defects, back-doors or use other types of code of a destructive nature;
  • attempt to gain unauthorised access to, interfere with, or disrupt any systems or networks, or any part of them, used by or in relation to Homepass;
  • send or create unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details You obtain through Homepass without their consent;
  • use any automatic device, program, algorithm or methodology, or any comparable manual process to access, retrieve, scrape, index, acquire, copy or monitor any portion of Homepass websites or apps;
  • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
  • transmit spam, chain letters, contests, junk email, or other mass messaging, whether commercial in nature or not;
  • use Homepass websites or apps or any of their content in any manner that is, in our sole discretion, not reasonable and/or not for the purpose for which it is made available;
  • use Homepass to represent that You are or represent that You are someone else, or impersonate any other person or attempt to solicit money, passwords or personal information from any person;
  • act in violation of any Terms or other condition posed by us or any applicable law;
  • use Homepass in a manner likely to cause offence.

If we determine, in our sole discretion, that You are not complying with the restrictions on use or any of our other Terms of Use, we may immediately terminate Your licence to use and access Homepass without being liable to You in any way. Also, we will co-operate with law enforcement authorities in the investigation of any activity that is or may be illegal associated with any person’s use of Homepass.

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Please abide by our restrictions relating to Your use of Homepass.

Complaints, suspension and account cancellation

We reserve the right to handle complaints received about Homepass Contributions or account holders in any manner, including but not limited to:

Responsibility for complaints

Homepass Contributions or behavior that is the subject of a complaint will be referred to the responsible Homepass Account Holder. The Account Holder is responsible for any consequence of the complaint including any legal expenses and agrees to indemnify us from any liability for any complaint.

Removal of Contributions from Homepass

You are able to remove or request that Homepass remove Your offending Contributions, however You acknowledge and agree that we reserve the right to retain backup copies of any Contributions You have previously provided through Homepass as part of our routine operational risk management back-up procedures. Our routine back-up procedures are subject to our Privacy Policy.

We may also in our sole discretion remove any or all of Your Contributions on Homepass if they are in breach of these Terms.

Suspension or account cancellation

We may in our sole discretion temporarily suspend or cancel Your access to Homepass if we determine that You are using Homepass in breach of these Terms, or there is a threat of attack on Homepass or other event that may create risk to You, any other user of Homepass or a third party.

Fair dealing

We will make reasonable efforts to provide information to You about the reasons for any suspension or account cancellation.

No liability

We are not liable for any damage, liabilities or losses including but not limited to loss of profits, revenue, business or loss of opportunity or any other consequences that You may suffer or incur as a result of any suspension or cancellation of Homepass.

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We will refer complaints to You. We may also take action to deal with content that breaches these Terms.

Third party providers

Links to other websites

Our websites or apps may include advertisements, hyperlinks and pointers to websites or apps operated by third parties. Links to third party websites and apps may without limit include links to offerings from our suppliers or other corporate partners.

Your decision to acquire third party products or services is solely between You and the third party provider. Those third party websites or apps do not form part of our websites or apps and are not under the control or responsibility of Homepass.

When You link to third party websites or apps, You leave our websites or apps and do so entirely at Your own risk. Homepass and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites or apps.

Homepass and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage that may be suffered by You through relying on anything contained on or omitted from such third party websites or apps.

Unless expressly stated, a display of advertising does not imply an endorsement or recommendation by Homepass.

Third party applications and software use with Homepass

If You acquire third party applications or software for use with Homepass offerings, Homepass may allow the providers of such applications to access Your data to allow such applications or software to interoperate with Homepass. For example, any CRM applications or software that You may use to manage client lists.

Homepass will not be responsible or liable for any disclosure, modification or deletion of Your data resulting from access by third party applications or software.

Linking to our websites or apps

You may only link to our websites or apps if we consent. If we do allow You to link to our websites or apps, it is on condition that You do not:

  • attribute a link to Homepass content as being a link to Your own or someone else’s content. For example, use Your own logo to link to our content;
  • attribute a link to our website or apps and then link somewhere else;
  • frame our content in such a way as to present it as Your own or as belonging to anyone other than our licensors; or
    link to our content as part of a website or app that aggregates property listings and/or information or competes with us in any manner.

We reserve the right to require that You do not link to our content and we may exercise this right by giving notice to You. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

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Please get our consent before You link to us. We are not responsible for third party links.

Intellectual property rights

Our name and logos are registered trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through our website or apps, including any and all graphics, photographs, notices are protected by copyright, trademark and other intellectual property laws and are available for Your personal use only.

You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted are reserved. Downloading any information, content or images from this website does not transfer any right or ownership of such information, content or images to You and such information, content or images may be used solely in accordance with these Terms.

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We own our name and logos. Please get our consent before You use them.

Assignment

Without notice to You, we may assign these Terms in their entirety to our related bodies corporate or in connection with a merger, acquisition, corporate reorganisation or sale of part or all of our assets.

You must not assign any of Your rights or obligations under these Terms without our prior written consent, which will not be unreasonably withheld.

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We may assign these terms to another party. You cannot assign these Terms unless You get our permission.

Indemnity

You agree to indemnify and hold Homepass and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand including reasonable legal fees arising out of, or in connection with Your use of and access to our websites and apps or making Contributions not in accordance with these Terms.

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You agree not to hold Homepass and its affiliates responsible for any loss.

Service interruption or malfunction

Service interruption

Your access and use of Homepass may be interrupted for a range of reasons including but not limited to maintenance, malfunction of equipment, repair or updating, capacity constraints, Your location and circumstances beyond our control including third party telecommunications service suppliers and acts of nature.

We are not liable for any damage, liabilities, losses including but not limited to loss of profits, revenue, business or loss of opportunity or any other consequences that You may suffer or incur as a result of any such interruptions.

Messaging errors and delays

You acknowledge and agree that Homepass has built-in functionality that facilitates customer interactions on Your behalf, typically via email and SMS messages.

We do not guarantee the delivery or the accuracy of these messages. You understand and agree that any message may be delayed or may not occur for a range of reasons, and that we are not liable to You or any third party for any delay or failure to deliver, or misdirected delivery of any welcome message or other message, or for any errors in the content or links in the message.

Alert errors and delays

We may provide third parties with alerts and other information in respect of property listings that You have provided through Homepass. We do not guarantee the accuracy of the content of any alert. You understand and agree that:

  • any alerts provided to third parties though Homepass may be delayed or may not occur for a range of reasons; and
  • we are not liable to You or any third party for any delays, failure to deliver, or misdirected delivery of any alert, or for any errors in the content of an alert.
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We are not liable for any loss or claims due to service interruptions, delays or errors.

Your account

To use Homepass, You must create an account with us, including a username and password (“Account”). Any Account You use cannot be shared, transferred or assigned in any way with others. You are responsible for maintaining the confidentiality of Your Account, including Your username and Your PIN/password. You are solely responsible for any activity in connection with Your Account, and we will not be liable for any unauthorised use of or access to Your Account. You must prevent unauthorised access to, or use of Your Account, and notify us promptly of any unauthorised access or use if You suspect Your Account has been compromised.

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You are solely responsible for any account You create with Homepass.

Fees

Our Pricing page outlines any fees You are required to pay for Homepass’s services.

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Refer to our Pricing page for information about Homepass fees.

Privacy

Our Privacy Policy

We take Your privacy concerns seriously and abide by Privacy laws.

You agree that Your personal information will be managed in accordance with our Privacy Policy. Our Privacy Policy is available on our website and apps.

Tracking tools for service improvement

Our websites use cookies and web-tracking tools to improve the content and functionality of our websites and apps. Our use of cookies and web-tracking tools is managed in accordance with our Privacy Policy.

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We use cookies and tracking tools to improve our websites and apps.

Customer data

Data about a customer (“Customer Data”) including personal information as defined in the Privacy Act 1988 (Cth) (“Privacy Act”) may be collected by us from Your use of Homepass (including syncing with our systems), directly from the customer, from third parties, and/or from publicly available sources.

We handle Customer Data in accordance with our Privacy Policy and the Privacy Act. To the extent that You collect or have access to Customer Data through Homepass, You must also collect, process, store, disclose and/or use that Customer Data in accordance with the our Privacy Policy and the Privacy Act 1988 (Cth).

You agree that we may use Customer Data to supply the services to You (including but not limited to displaying and supplying information and material to Customers) and otherwise to operate Homepass.

We will never sell your Customer Data. We will never use your Customer Data for direct marketing without your explicit permission.

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We respect your Customer data. We will never sell your Customer data. We will never use your Customer Data for direct marketing without your explicit permission.

Limitation of liability and Your rights

Exclusion of liability

Homepass makes no representations or warranties as to the timeliness, availability, accuracy or completeness of any information contained on this website or our apps or links to third party material including other product and service providers. The information provided on our websites or our apps may become outdated. Homepass undertakes no obligation to correct or update any content or information on this site or our apps.

Homepass may make improvements and or changes to the content at any time without notice and reserves the right to alter or delete content at any time.

Except where we are not permitted to do so in accordance with applicable law, including the Australian Competition and Consumer Act 2010 (Cth), all Homepass website and app content is provided “as is” without any warranties of any kind, either express or implied, including but not limited to the implied merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed. Neither Homepass nor any affiliate or party involved in creating, producing or delivering this site or our apps will be liable for Your use of or reliance on content contained on this site or our apps under any circumstances, including negligence, breach of statutory duty and misrepresentation.

Homepass will not be liable for any injury or any direct, indirect, special, exemplary, incidental, consequential, punitive or other damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of content on this website or our apps. Our exclusion of liability applies to the fullest extent permissible by law.

In no event shall Homepass’s liability to You for all damages, losses and causes of action arising from or related to this website or our apps (whether in contract, tort, including negligence and breach of statutory duty or otherwise) exceed the amount paid by You (if any) for accessing our websites or apps or $100, whichever is less.

For liability in relation to breach of any non-excludable rights, to the extent permitted by applicable law, our liability is limited to the cost of repairing or replacing defective offerings or supplying again.

Your rights

Where non-excludable rights apply under Australian consumer law, Homepass comes with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to repair or replacement if our offerings fail to be of acceptable quality and the failure does not amount to a major failure.

Applicable law

These Terms will be governed and construed in accordance with the laws of New South Wales, Australia. Any dispute resolution procedure or legal proceedings must be commenced in New South Wales, Australia only.

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New South Wales, Australia law applies to these Terms.

Dispute Resolution

This clause applies to any dispute that arises between parties to this agreement about this agreement or its interpretation, any right or liability of any party under this agreement or the performance of any action by any party under or arising out of this agreement, whether before or after termination.

  • Litigation restriction: a party must not commence legal action or refer a dispute to arbitration unless that party has complied with this clause.
  • Dispute notification: a party claiming that a dispute has arisen, must notify the other party in writing specifying the details of the dispute.
  • Negotiation: each party must use its best efforts to resolve the dispute through negotiation within 5 days following the dispute notification or longer period agreed between the parties.
  • Mediation: each party must following any previous negotiation use its best efforts to resolve the dispute by agreement or through an agreed meditation procedure.
  • Restriction release: a party is not required to comply with this provision in relation to any dispute where the other party is in default under this provision in relation to that dispute.
  • Arbitration: each party must submit any dispute that remains unresolved following the negotiation process to arbitration. Each party is entitled to legal representation at any arbitration.
  • Urgent relief: a party may at any time apply to a court of competent jurisdiction for any equitable or other remedy for reasons of urgency, despite anything contained in this provision.
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Let’s resolve any issues together.

Termination

We may terminate Your use of Homepass without notice and without liability to You if You breach any of these Terms. We are not responsible for any damage, liabilities, losses (including without limitation of any loss of data, profits, revenue, business or loss of opportunity or any other consequences) that You may suffer or incur as a result of such termination.

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We may terminate Your use of Homepass without liability to You for any loss or damage.