RealConnect ("we" or "us", as the case may be), owns and operates this website (“Website”). These terms and conditions (“Terms”) govern this Website and any services that we provide (“Website Services”).
We provide a platform that connects clients (“Clients”) with real estate brokers and agents ("Agents"). By using or interacting with this Website, you (also referred to as a “user”) shall be deemed to accept these Terms. If you do not agree wholly and unreservedly with these Terms, you may not use this Website. “Using” this Website includes, but is not limited to, registering an account, viewing Leads, browsing web pages, viewing member profiles or articles, or any uses via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
In our sole discretion, we may revise the Terms from time to time. At our option, we may give you reasonable notice of these updates, provided that it is ultimately your responsibility to review these Terms from time to time, to become aware of and understand any changes. Your continued use of this site or any Website Service after such updates means that you agree with the revised Terms.
While we take reasonable efforts to update our Website, we may from time to time, alter our Website Services, or other aspects of our business without prior notice. Thus, nothing on our Website regarding the aspects of our Website Services, shall be deemed as our binding offer.
To use any Website Services, you must register a member account as a Client (a person requesting property services). The Website shall collect your personal information in an online profile (“Profile”), viewable by you, the Website, and by other members under certain conditions provided in these Terms.
A Client must provide truthful personal information as requested, including real name, address, email, phone number and other relevant information. The Website reserves the right, in its discretion, to approve or disapprove of any Client Account. A Client must update his/her account immediately in case of any change of information, such as contact information or address.
Account Warranties. In respect of your account information, you represent and warrant that: (a) you are of legal age; (b) you have the legal capacity to enter into these Terms; and (c) all information you provide, including any credentials and business qualifications, is true, accurate and not misleading, and will be maintained as such. You agree that we may verify any the information that you supply. If you provide any information that the Website reasonably suspects is untrue, not current, misleading or incomplete, the Website may refuse any current or future use of the Website Services (or any portion thereof) by you.
If a Client submits a Lead as defined below, he may receive proposals from interested Agents, and the Website shall disclose identifying information to the Agents concerned. Client agrees that this information will be disclosed even if he is listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that the Website may provide the Website Services, to maintain Client’s account, to reasonably address matters pertaining to Client’s account or for other purposes reasonably related to Client’ Lead and the Website's business, including marketing-related emails.
You are responsible to maintain the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security.
Posting of Leads and Acceptance of Proposals. After registering an account, a Client may post on the Website a request for certain services for a particular property (a "Lead"). In response to the Lead, the Client may receive service proposals from Agents (a “Proposal”). If a Client accepts an Agent’s Proposal, the Client shall be deemed to have committed to the Agent’s services to sell or rent out the Client’s property, or to have committed with Agent’s principal to purchase or rent the principal’s property, as the case may be (collectively, “Property Services”). The Website facilitates communication between the parties only up to the point of Client’s acceptance of a Proposal. The actual performance or implementation of any Property Services is outside the purview of this Website and must be arranged solely between Client and Agent (or Agent’s principal), as the case may be.
Types of Leads. A Lead may involve one of the following Property Services:
Depending on the type of Lead, the Client should input certain specific information. For example, for Looking to Sell, the Client should input his expected price range, the number of bedrooms, bathrooms and other relevant information. The Website will display the details to Agents based on the Agent’s self-reported Profile.
Conditions and Warranties for Leads. By posting a Lead, you represent and warrant, as the case may be, that: (a) you intend in good faith to avail yourself of the Property Services requested, and you are not merely “testing the market” or intend otherwise than what you request; (b) you have the financial capacity to pay your quoted price; (c) you are genuinely willing to accept a purchase or rental at your quoted price; (d) you have the authority and power to sell or rent the subject property, or to enter into a binding agreement for the Property Services requested; (e) the Lead’s contents are in all respects truthful, accurate and not misleading.
Any Lead posted on the Website: (a) shall not be fraudulent; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing Client protection, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or offensive; and (e) shall not contain any viruses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Website does not promise or guarantee that there will be any Agents who are capable or willing to provide the requested Property Services or that Client will find any Proposals acceptable.
Proposal Disclaimer. We do not endorse the information or representations set forth in the Agent Profiles or Proposals, as they are self-reported by the Agents. We make no guarantees, promises, warranties or representations of any kind regarding such Agents, or their Proposals. You should verify that the information presented by the Agent, including the information in the Agent Profile, is accurate. You assume responsibility to conduct your own investigation of any Agent that you consider engaging. You have the sole burden to determine, among other things, whether an Agent is appropriately licensed and qualified, whether the Agent has the claimed experience, whether the Proposal is commercially feasible, or whether the subject property exists and is worth the proposed rent or purchase price.
No Endorsement of Agent. We do not endorse or recommend the services of any particular Agent. The decision to send engage an Agent, or receive Property Services belongs entirely to the Client. We do not warrant the Agent’ performance or the quality of any goods, materials, equipment or services furnished by Agent. We do not contract for or perform, and are not responsible for, any of the services requested by the Client in the Lead, or the contents of any Proposal. You expressly acknowledge and agree that your use of the Website is at your sole risk.
Accepting Property Services. When an Agent makes a Proposal or otherwise deals with a Client, the Agent acts on the Agent’s sole behalf and is not a representative or Agent of the Website, its owners, or affiliates. If Client accepts the Agent’ Proposal and uses the Agent’s Property Services, Client and Agent should separately enter a binding legal agreement for such services. Any such agreement entered between the Client and Agent is solely between the Client and Agent, and the Website is not a party or third-party beneficiary to such agreement, and any provisions to the contrary shall be null and void.
Removing Leads. If the Client has entered into an agreement with an Agent for Property Services under a Lead, or if the Client otherwise withdraws, cancels or completes the contemplated Property Services, the Client must immediately close the Lead on the Website. The Client shall indemnify and hold harmless the Website from any loss or damage that may arise from failure to timely close the Lead, including but not limited to the losses incurred by Agents that waste resources in pursuing a defunct Lead.
Review of Agents. The Website may provide functionality for review and feedback for Agents. In this regard, you warrant that any reviews of Agents are made in good faith, are fair, truthful and relate to actual services performed. You shall not post any review that is libelous, obscene, invades privacy, or otherwise violates these Terms. You affirm that such reviews are solely your opinion and not endorsed by Website in any way. You will indemnify and hold free and harmless the Website from any claims, damages or injuries that arising from your review.
Duty to Maintain and Update Contacts & Property details. Clients have the duty to maintain and update their contact and property details, provided that the information cannot be changed to the detriment of any binding agreement for Property Services.
Facilitation of Contract Only. The Website shall be deemed as no more than a facilitator of any contract between Client and Agent (or Agent’s principal), and Website shall not in any way be deemed a party or a beneficiary of such contract. The performance, implementation, completion or payment in respect of any contracted Property Services shall be separately arranged between the Client and Agent to the exclusion of Website, and Client or Agent shall look solely to the other in respect of any relevant liability, responsibility or obligation.
Website Does Not Handle Money between Agent and Client. Website does not handle any money or financial transactions between Agent and Client. Any person purporting to represent the Website in transferring money or arranging financial transactions, between Agent and Client, is without authority. Agent and Client are responsible for all monetary transfers between them or to other parties.
No Resale of Data. Client may not resell, assign, transfer or disclose to third parties any data obtained through the Website, including but not limited to the content of any accounts, Profiles, Leads, and Proposals, except as strictly necessary to use the data as intended under these Terms.
Relationship Between Agents and Clients. The Website is only a passive conduit for information. The Website has no participation in or control over: Agent/Client Profiles; Client Leads; Agent Proposals; or any contact details. Thus, Clients and Agents are solely responsible for their interactions with each other, and contract solely with each other without making the Website a party or third-party beneficiary. Client’s rights under contracts with Agents (or their principals) are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
We are not an agent, broker, or legal representative of any user, and are not licensed as such. We are not authorized to act on behalf of any user or to bind any user to any legal obligations, other than as provided in these Terms. Before deciding to accept any Proposal, you shall rely solely on your own evaluation of the Agent, including experience, qualifications, credentials, reviews, employment history, account information, representations made and such other material facts as you, in your sole discretion, deem relevant.
Direct Settlement. We are not obligated to provide any mediation, arbitration or other dispute resolution services between Clients and Agents. Clients dissatisfied with Property Services performed by an Agent must communicate directly with the Agent to resolve and settle any problems. The Website is not responsible or liable to either the Client or the Agent if a mutually acceptable resolution is not reached.
No Liability in Respect of Disputes. In exchange for the Website Services provided by the Website and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you expressly agree to release the Website, its officers, directors, affiliates, parent companies, employees and Agents from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between Clients or Agents. You waive any limitations on general releases under applicable law.
Without limiting the generality of the foregoing, you release and absolve the Website from any liability arising from: improperly performed Property Services; unsuitability of any property; false or misleading Leads or Proposals; dishonesty, fraud, swindling, deceit or misrepresentation by any Clients or Agents.
You agree to that you wish to bring legal proceedings in respect of any Property Services, you must inform the Website no later than four weeks prior initiating suit.
We reserve the right to, without notice, suspend or terminate the Website Services, in whole or in part, for any Client, Agent or other Website user, including but not limited banning, deleting or denying access to any account, Lead, or Proposal, in case of any of the following events:
In case of any suspension or termination, you shall remain liable for any accrued obligations.
Our Website and its related software, networks, platforms, database, account information, interface, concepts, illustrations, articles, trade secrets, designs, research, technology, developments, know-how, technologies, look and feel, methodology, trademarks, copyrights, trade dress, logos, and any other information that we regard as proprietary, constitutes our exclusive intellectual property (“Intellectual Property”), with the exception of personal information, Leads, Proposals and User Content as defined below.
No Right Granted. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the intellectual property of their respective owners.
Viewing this Website may create a copy of the Website materials in your computer's random access memory and/or your hard drive and/or in your proxy server. You acknowledged that such downloaded or locally stored materials remain the property of the Website, and shall delete, remove, dispose or destroy such materials in accordance with the Website instructions, if any.
Limited Permission. We grant to you a limited permission to use documents and materials (such as press releases, datasheets, content, informational items and FAQs) from the Website, provided that use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and no modifications of any documents are made. We expressly prohibit use for any other purpose. For avoidance of doubt, no logo, graphic, sound or image from any the Website may be copied or retransmitted unless expressly permitted by the Website.
The Website may provide the means for users to interact with the Website, or with one another, in a manner other than through posting Leads and submitting Proposals as described above. This interaction may include articles, feedback, reviews, comments, messages, photos, profiles; emails and other communications; materials, suggestions, ideas, comments, questions, or other information composed of data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials (collectively "User Content").
Grant of Rights. By posting User Content to the Website, you grant the Website the right (but not the obligation) to remove, delete change or edit such User Content in its sole discretion. Also, you grant, and you represent and warrant that you have the right to grant, to the Website, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute the User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by the Website will not infringe or violate the rights of any third party. You grant the Website and sublicensees the right to use the name that you submit in connection with such content, if they choose.
In the event that you provide the Website with any feedback regarding the Website Services or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign to the Website all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Limitation of Liability. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by the Website, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. The Website does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will the Website or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
Right to Edit. You understand and agree that the Website may review, edit, change and/or delete any User Content in its sole discretion.
Prohibited Content. You may not post any User Content that is illegal or offensive in the reasonable determination of the Website, including but not limited to the following:
In case of posting of prohibited User Content, the Website may take any appropriate action in its sole discretion. In this regard, the Website may without notice, investigate and terminate the membership of any persons at fault, and revise, delete, remove or edit any prohibited User Content.
The Website also reserves the right to initiate appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
The Website reserves the right at any time to modify, suspend or discontinue the Website Services, temporarily or permanently, in whole or in part, with or without notice. You agree that the Website shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
To protect the integrity of the Website, the Website reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
Our Website may also include access to products and services of third parties, either directly or via links to sites operated by such third parties. In some cases, we may get a commission if you subsequently make a purchase from such third parties.
While we endeavor to provide access only to third party products or services that we reasonably believe to be useful, we have no control over such third parties. Thus, any link or access on our site to any third party shall not be deemed as an endorsement of the same. Any transaction between you and such third party is solely between the two of you. We shall not be liable for any loss or damage that you suffer as a result of dealing with such third parties.
We provide our services on an "as is" and "as available" basis. While we make our best efforts to provide high-quality service, we disclaim all warranties of any kind with respect to our Website Services or Website, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, title and non-infringement.
The Website makes no guarantees of any specific result from use of the Website Services. Your use of this Website is at your own risk.
In addition, we make no warranty that our Website Services shall be uninterrupted, timely or secure; that our Website Services will be accessible at any time or at all times; that any content is error-free; that our Website or Website Services will meet your expectations; and that any bugs or glitches in our software will be corrected.
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, CLIENT, AGENT OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THE WEBSITE ASSUMES NO RESPONSIBILITY FOR ANY FORCE MAJEURE, LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR TRANSACTIONS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE.
IF FOR ANY REASON A COMPETENT AUTHORITY FINDS US LIABLE TO YOU, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF ANY FEES THAT YOU HAVE PAID US.
TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY OF THE ABOVE LIABILITIES, THE FOREGOING SHALL BE DEEMED MODIFIED ACCORDINGLY.
This Agreement will remain in full force and effect while you use the Website or any Website Services. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to the Website. If you terminate your account, we shall take best efforts to disable your account within 14 days. The Website may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to the Website. All decisions regarding the termination of accounts shall be made in the sole discretion of the Website. The Website is not required to provide you notice or a reason to terminate your account. Even after your account is terminated, this Agreement will remain in effect (or shall be deemed revived, as the case may be) so long as you use the Website or any Website Services.
The Website may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that the Website may monitor and/or record any telephone calls between you and the Website.
Where these Terms require notice, we may provide such notice by email, regular mail or postings on our Website. You agree that such notice is sufficient and adequate.
These Terms make up the entire agreement between you and us, and supersede any prior understandings, statements, representations or agreements between you and us.
The Terms shall be governed by the laws of Queensland, Australia. Any dispute arising between the parties shall be resolved by the courts of Queensland.
Our failure to exercise or enforce any right or clause in these Terms shall not constitute a waiver of the same. If a court finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
You agree that considering the fast-moving nature of online business and regardless of applicable law, any claim related to our Website or Website Services must be filed within six (6) months after such claim arose, or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
If these Terms are translated into other languages, the English version shall prevail in case of any conflict between the versions.
“Personal information” is information about you that identifies you, like your name, address, email address, or phone number, and that is not otherwise publicly available. You may be requested to provide personal information in the course of your registration as an Agent or Client, or as part of using any Website Services. Below, we describe how we use and safeguard your personal information.
We may collect and record information from your computer and browser, including your IP address, cookie information, software and hardware attributes, and the page you request.
We will use this information to perform our Website Services more effectively. We may also use this information to customize the advertising and content you see, to contact you, and to conduct market research.
Without your permission, we shall not rent, sell, or disclose personal information about you with third parties, except when necessary to perform Website Services that you have engaged us to do, to otherwise provide products or services you've requested, or under the following circumstances:
We shall limit access to your personal information only to persons who need this information to improve or maintain this Website, to provide Website Services, or to supply other products or services to you. We shall implement physical, electronic, and procedural safeguards that reasonably prevent unauthorized access to your personal information.
A cookie is a small file placed onto your device that enables certain features that we provide. We may place cookies on browsers that load our Website. We may also place cookies on your device when you access or use certain portions of our Website.
Third party vendors, including our trusted partners and analytics companies, may also place cookies on your device. These third party cookies may assist us in any of the features described below, including third party tracking, advertising and behavioural platforms.
Authentications and security. If you have a member account on our site, cookies help us identify you, facilitate your log-in, support our security features, and detect malicious activity.
Preferences, features and services. Cookies can tell us what your communications preferences are, fill out order forms more easily, assist you with e-commerce facilities, and may provide you with customized content and features, to enhance your user experience.
To limit or control all cookies, including cookies from third party vendors, you may use your browser settings. Certain applications may also allow you to delete all cookies.
However, if you do so, bear in mind that you may worsen your user experience, since you may disable some or all of the features mentioned above.