T&C

Agent / Agency

Welcome to homeorlands.com, a website portal operated by homeorlands.com. We provide a portal by which visitors (“End Users”) to homeorlands.com and other related websites, social media web pages, each related website, web page, and each smartphone application referred to collectively as the “Site“), may provide feedback or commentary on individual real estate agents and real estate agencies mortgage brokers and mortgage brokerage agencies listed on the Site (“Profile Holders“) or respond to such feedback or commentary.

End Users and Profile Holders may also purchase goods and services which homeorlands determines to offer through the Site from time to time, including subscription-based services (“Products“). In these terms and conditions, “you” means a user of the Site, being an End User, or a Profile Holder (as the case may be).

Homeorlands will permit you to use the Site and the Services, and purchase Products through the Site, in accordance with these terms and conditions (“this Agreement“). This Agreement forms a binding legal agreement between you and homeorlands. As a user of the Site, you will at all times be bound by and must abide by, this Agreement, If you are using the Site on behalf of a real estate agency or mortgage broker business, then you agree to be bound by, and abide by, this Agreement on behalf of the agency or business (and you warrant that you have the capacity to agree to do so on behalf of the agency or business).

Without limiting the way in which you may become bound by this Agreement, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement by signing a document agreeing to be bound by this Agreement, by checking the “I agree to the Terms and Conditions” checkbox and clicking the “Sign Up” button on your computer screen to electronically indicate your acceptance of this Agreement, or by proceeding with the purchase of a Product or any use of the Services.

1. THE SERVICES
   1. Subject to the terms and conditions of this Agreement, homeorlands will provide you with the following (“Services“):
      1. the ability to create an Account on the Site and use functionality only available to holders of an Account;
      1. the ability for End Users to search and browse Profile Holders listed on the Site and view information contained on the Site about each Profile Holder (“ Profiles“);
      1. the ability for End Users to rate Profile Holders and provide comments on their performance, which will appear in the Profile for the Profile Holder;
      1. the ability for Profile Holders to claim their Profile on the Site, and update and manage their Profile; and
      1. the ability to purchase Products through the Site as they are offered from time to time by homeorlands.
   1. Subject to the terms and conditions of this Agreement, the provision of the Services and the Products which you purchase constitute homeorlands ”s only obligation to you.
   1. You agree that homeorlands may modify the Services at any time, and discontinue the Services (or part thereof) at any time. homeorlands may also restrict your use of some or all Services, suspend the delivery of the Services at any time and subsequently reinstate them at its discretion.
   1. homeorlands does not guarantee the accuracy or reliability of any information contained on the Site about a Profile Holder (including information submitted by third parties in the form of ratings, comments, posts and reviews). It is your responsibility to conduct your own research and make your own enquiries before deciding to engage a Profile Holder.

• CREATING AN ACCOUNT WITH HOL
  • HOL may require you to create an online account with HOL (“Account“) in order to use some or all of the Services. HOL may restrict the usage of the Services (or part thereof) for persons who do not have an Account. HOL may, from time to time, amend or place restrictions on the requirements needed to create an Account.
  • If you create an Account with HOL then you agree:
    • if requested by HOL, to use your email address as your username;
    • that the Account will be created using HOL ”s online sign up process, or any other method specified by HOL from time to time;
    • to keep confidential and secure any password used to access the Account;
    • that you warrant that all information provided by you to HOL in the setup of the Account is true and correct in every detail; and
    • That you will only use the Account for the purposes of using the Services and/or purchasing Products, and for no other purpose.
  • You acknowledge and agree that HOL may disable or delete your Account at any time in its sole discretion, and for any reason whatsoever. If your Account is deleted or disabled then you acknowledge and agree that you will only be able to use the parts of the Site and the same Services as provided by HOL to members of the public who do not have an Account.
  • You may delete or disable your Account at any time via functionality contained in the Site.
• PROFILE HOLDERS
  • HOL will list Profiles on the Site from time to time. Where practicable, it will obtain the identity of each such Profile Holder and information about them from the Profile Holder or from publicly available sources.
  • HOL will determine which Profiles it lists on the Site and may remove a listing of a Profile Holder at any time. No person has any right to be listed on the Site or have a Profile on the Site.
  • If you are a Profile Holder who is a real estate agent and claim your Profile on the Site, you agree to grant HOL the licence set out. The scope of the licence extends to all property listing data submitted by you (including, but not limited to, all images, text, floorplans, audiovisual materials or other works associated with a listing, whether sold or unsold) in respect of all properties which you are selling or have sold, and you warrant that you are authorised and/or have the necessary rights to grant such a licence. If you are a Profile Holder who is a broker and claim your Profile on the Site, you agree to grant HOL the licence set out in clause 7 and you warrant to RMA that you are authorised to do so.
  • A Profile Holder may manage and update their Profile only if:
    • they have registered an Account with HOL; and
    • they have claimed their Profile with HOL using the relevant functionality on the Site, including identifying themselves to RMA (to HOL ”s satisfaction) as the individual described in the relevant Profile.
  • A Profile Holder may only claim their own Profile and must not claim the Profile of another real estate agent or broker.
  • In addition to the obligations, a Profile Holder must not comment on the Profile of another Profile Holder or in any public forums on the Site about other Profile Holders.
  • HOL will determine in its sole discretion what functionality it provides to Profile Holders to allow then to manage and update their Profile. Such functionality may however include, without limitation, the ability for Profile Holders to:
    • upload an alternative photo, contact details and business details;
    • add links to their social media accounts;
    • add or modify a summary of their background; and
    • Respond to comments and testimonials from End Users on the Profile (noting, however, that only one response will be allowed in relation to each testimonial).
    • Where the Profile Holder is a real estate agent, the functionality may also enable the Profile Holder to:
      • verify their sales reports or report their sales results; and
      • Deem certain sales results to remain “undisclosed” or “confidential”.
  • HOL may modify any part of the content of a Profile at any time in its sole discretion, with or without notice to the individual Profile Holder to whom it pertains. HOL may also in its sole discretion, with or without notice to that individual Profile Holder remove their Profile from the Site.
  • Profile Holders will not be permitted to modify comments and/or testimonials from End Users on their Profile.
• END USERS
  • HOL will determine the functionality that it offers End Users on the Site from time to time. This functionality may include, without limitation:
    • the ability to view Profiles and search or browse for Profile Holders using different search criteria;
    • the ability to view User and all other content on the Site;
    • the ability to provide comments on Profiles (“User Reviews“);
    • the ability to comment in any public forums on the Site;
    • the ability to provide ratings of Profile Holders using any ratings criteria specified by HOL from time to time; and
    • the ability to view a log or history of interactions with the Site.
  • If you are both an active Profile Holder and a recipient of services of another Profile Holder, then you are not permitted to write a review, be it positive or negative for any Profile Holder who, in the case of a real estate agent, actively sells property, or in the case of a broker, provides brokerage services.
• SUPPLY OF PRODUCTS (INCLUDING SUBSCRIPTION BASED SERVICES)
  • HOL may determine from time to time, to supply Products (including subscription based services) through the Site for purchase by Profile Holders or End Users.
  • If Products are supplied through the Site, then HOL may impose additional terms and conditions which apply to the purchase and supply of the relevant Products, by setting out the additional terms and conditions below in an addendum to this Agreement (“Product Addendum“). Any Product Addendum will form part of this Agreement and, unless otherwise stated, will override any inconsistent term in this document, to the extent of the inconsistency only.
  • By ordering and purchasing any Product from the Site, you agree:
    • that you are bound by and will comply with the Product Addendum applicable to the Product;
    • to pay the applicable fee for such Product (“Fee“); and
    • to be bound to any set minimum term to use or purchase that Product (“Term“).
  • Where Products are subscription based or other periodically provided services, unless otherwise stated, you acknowledge and agree that each Term will automatically renew for successive Terms of the same duration unless you notify HOL, in writing and at least 30 days prior to the expiry of the current Term.
  • HOL may require you to provide it with an authorization to direct debit the Fee from your credit card or nominated bank account. Once authorization is provided the Fee will be automatically debited by HOL.
  • Unless otherwise stated, you may terminate any agreement for HOL to supply you with Products (being subscription or periodic based services) at any time with at least 30 days” written notice to HOL. Unless provided for otherwise in this Agreement, this termination will come into effect on the same day of the month that corresponds with the date of your initial order for such Products, after the expiry of the 30 day notice period. You may also immediately terminate any agreement for HOL to supply you with such Products where HOL is in breach of this Agreement and the breach is not capable of remedy, or if it is in breach of this Agreement and fails to remedy that breach within 7 days of receiving written notice from you requiring HOL to remedy the breach.
  • HOL may suspend or terminate any order or agreement for HOL to supply you with Products:
    • immediately if you are in breach of this Agreement and the breach is not capable of remedy or is a material breach;
    • immediately if you are in breach of this Agreement and fail to remedy that breach within 7 days of receiving written notice from HOL requiring you to remedy the breach; or
    • Without cause, by giving 14 days” notice to you.
  • Unless otherwise stated, upon termination of any order or agreement for HOL to supply you with Products:

PROHIBITED USES

• all content and information on the Site, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is owned by HOL or its third party licensors. You agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, code, products, or Services obtained from or through the Site. Additionally, you agree not to:
  • use the Site or its contents for any commercial purpose, other than in your capacity as an End User or a Profile Holder (if applicable);
  • use another person”s name, account, identity or password without permission, or use the Site while impersonating another person;
  • access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without HOL ”s express written permission;
  • violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
  • take any action that imposes, or may impose, in HOL ”s discretion, an unreasonable or disproportionately large load on its server infrastructure;
  • deep-link to any portion of the Site for any purpose apart from where expressly permitted by this Agreement;
  • link directly to your Profile or any other web pages on the Site, directly from Google Adwords or other digital advertising platform, unless otherwise approved by HOL by way of notice in writing to you; or.
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by HOL in connection with the Site or the Services (except to the extent specifically permitted by law).
• PROVIDING CONTENT ON THE SITE
  • You acknowledge that by submitting content to the Site, you expressly grant an irrevocable, perpetual, exclusive, royalty-free, sub-licensable, assignable license to HOL and its affiliates to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content which you submit to the Site, including, without limitation, postings on the Site, commentary in forums or on Agent Profiles or any suggestions or ideas, or any other work, item or thing you upload to the Site or provide to HOL (“User Content“). For the purposes of this Agreement, the term “Intellectual Property Rights” shall refer to all intellectual property rights of any kind whatsoever throughout the world, including all present, future, registered and unregistered rights which subsist in copyright, trademarks, patents and designs. You also agree to grant HOL an option such that at HOL ”s request you promptly execute a written assignment to HOL of any such Intellectual Property Rights, and to assist in every proper way and to execute those documents and take such acts as are reasonably requested by HOL to obtain, sustain and from time to time enforce such Intellectual Property Rights in any jurisdiction worldwide.
  • To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in any User Content you provide to HOL, then you waive all such moral rights, and to the extent that such waiver is not possible, then you consent to HOL making all uses, edits and modifications of the User Content in its sole discretion, including, without limitation, as further described in this Agreement.
  • You warrant that any User Content that you post or upload to the Site will not infringe the Intellectual Property Rights or other rights of any person.
  • You warrant that if any User Content submitted by you to the Site reproduces the likeness or image of any person, that the person whose image or likeness is reproduced in that User Content, has provided their express consent to you, for their image or likeness to be published on the Site.
  • You agree that:
    • the User Content is not confidential;
    • you are solely responsible for the User Content you post on the Site;
    • HOL may reproduce any User Content on the Site and will determine in its discretion how it presents your User Content on the Site;
    • HOL may make any modifications to the User Content in its sole and absolute discretion, before presenting that User Content on the Site; and
    • HOL may determine whether or not to attribute the User Content to you, or remain silent on any attribution.
  • You agree that HOL is under no obligation to edit, monitor or control the User Content that is published to the Site by an End User or Profile Holder, but that HOL reserves the right to do so.
  • You agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish on the Site, any of the following (“Infringing Content“):
    • User Content that infringes, or may infringe, the Intellectual Property Rights or other rights of any person;
    • User Content that impersonates any person or entity or otherwise misrepresents your relationship with HOL or any other person;
    • User Content that is false, unlawful, misleading, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, abusive, harassing or advocates harassment of another person, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable;
    • User Content that can reasonably be considered to be offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or which incites such behavior or action from others;
    • User Content that would constitute, encourage or promote, or provide instructions for the conduct of an illegal act or omission, any criminal activity, or violate the rights of any person or party in any country of the world;
    • User Content that has been solicited by an incentive or payment originating from a real estate agent or a representative of their agency;
    • unsolicited promotions or SPAM;
    • User Content which contains the private information of any person;
    • User Content which publishes an image or likeness of a person who has not consented to their likeness or image being published on the Site;
    • User Content that is unrelated to the page of the Site in which such User Content is posted; and/or
    • User Content which contains viruses, malware or any other malicious software or data.