By using our website or apps You agree to be bound by these Terms and become a party to this agreement.
Please read these terms carefully before accessing or using our products or services.
Amendments will be effective immediately upon notification on our websites or apps or in any other way including SMS or email.
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.
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
You must not, and must not permit or direct any third party to:
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
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.
We will make reasonable efforts to provide information to You about the reasons for any suspension or account cancellation.
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.
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:
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.
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.
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.
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.
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:
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.
We take Your privacy concerns seriously and abide by Privacy laws.
Tracking tools for service improvement
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.
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.
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.
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.
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.
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.
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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