Real Estate Agent Terms of Use

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REBid Terms of Use – for Real Estate Agents

1.  About these Terms

  • 1.1  REBid is an online real estate sales platform (‘REBid’) owned by REBid Pty Ltd (‘Company / us / we’) and theseTerms of Use (‘Terms’) are a legally binding contract between you and the Company and govern your use ofREBid.
  • 1.2  By using REBid, you agree to be bound by these Terms.
  • 1.3  The Company may update these Terms by posting the new wording on this site. You are responsible for regularly reviewing these Terms for updates. If theCompany updates these Terms, your use of REBid after the update constitutes your acceptance of the Terms as amended.
  • 1.4  If you do not agree to comply with these Terms, do not use (or continue to use) REBid.

2 .  Platform

  • 2.1  You acknowledge that the Company owns REBid and all intellectual property rights related to it.
  • 2.2  You agree to use REBid only for its intended purpose and as directed by us and you must not seek to reverse engineer REBid or otherwise infringe the intellectual property rights in REBid.
  • 2.3  The Company may update, improve or otherwise alter the appearance or functionality of REBid at any time without any liability to you.
  • 2.4  You agree that the Company may monitor your use ofREBid for the purpose of ensuring that you comply with these Terms.
  • 2.5  While the Company provides REBid as a platform by which you can facilitate the listing and marketing of properties, and enable buyers and sellers to conclude a process for the sale of the Property, the Company:
    • 2.5.1  is not an auctioneer, real estate agent, stock and station agent or business agent and does not purport to be;
    • 2.5.2  is not a party to any offer or sale of land or real property;
    • 2.5.3  does not own any Property listed on REBid; and
    • 2.5.4  the Company’s role is limited to providing the REBid platform.
  • 2.6  The Company owes you no duty of care and does not warrant and is not responsible to you or any other person:
    • 2.6.1  in the event a seller or buyer of any property listed for sale on REBid fails to complete a transaction as envisaged under these Terms or otherwise;
    • 2.6.2  for the completion of the sale of any property listed for sale on REBid;
    • 2.6.3  for the state and condition of any property listed for sale on REBid;
    • 2.6.4  for verifying the material, content and information on the REBid platform or for the accuracy of any such information;
    • 2.6.5  for verifying the accuracy of the identity of any person using REBid or with whom you interact onREBid;
    • 2.6.6  for REBid not being error, defect or virus free;
    • 2.6.7  for REBid not complying with any relevant law relating to the sale or marketing of properties or ensuring that the use of REBid by you, buyers or sellers is in accordance with any relevant law relating to the sale or marketing of properties; and
    • 2.6.8  for any delays, interruptions or cessation of any services to be provided by us.
  • 2.7  You must not bring (and you release us from) any claim against us or any of our directors, officers, employees or agents (‘Relevant People’) for any of the matters listed in clause 2.6 and must indemnify us and our RelevantPeople against any demands, claims, actions, damages, costs, expenses or other amounts we or they suffer or incur in connection with your acts or omissions(including but not limited to if you fail to comply with any of your obligations under these Terms). To the extent that any disclaimer or exclusion in these Terms is prohibited by law, the maximum liability of the Company to you in relation to your use of REBid is limited to the amount you paid to access REBid.

3.  Term

  • You or the Company may discontinue your use of REBid at anytime by giving the other party one month’s notice in writing. We may terminate your access to REBid immediately if you breach these Terms, or if your ongoing use of REBid is unacceptable to us (acting in our absolute discretion). Termination is without prejudice to any accrued rights of the parties.

4.  Collection and use of information

  • 4.1 In using REBid, you will provide personal information about you and third parties, and those third parties may also provide personal information to REBid to enable you:
    • 4.1.1  to keep buyers informed about the marketing of a property or properties (‘Property / Properties’);
    • 4.1.2  to facilitate the sale processes for the Properties; and
    • 4.1.3  to facilitate you accepting offers on or entering into binding contracts for the Properties.
  • 4.2  You must not use this personal information for any other purpose, unless consented to by the relevant third party.
  • 4.3  In marketing a Property, you agree that as between you and us, it is your responsibility to ensure that participants using REBid in any sales process are acting in good faith.
  • 4.4  We make no representation as to the accuracy or veracity of the information available through REBid.
  • 4.5  You acknowledge that we will collect and use your personal information and that of third parties, in accordance with our Privacy Policy (which can be accessed at www.rebid.com.au) and that we may use any information which is input or uploaded to thePlatform, or derived from any sale process for our business purposes, provided that any publication of such information except to our related entities must be anonymised.
  • 4.6  You grant us an irrevocable, perpetual, transferable and royalty free licence to exercise our rights under clause4.5.
  • 4.7  You warrant that any information provided to us has been collected in accordance with the Privacy Act 1988(Cth)

5.  Sale process

  • 5.1  The sale process includes a number of stages: Stage R(Registration), Stage E (Establish Qualified Buyers), StageB (Best Offers), Stage I (Invite Seller to View the BestOffers) and Stage D (Decide to Sell or REBid).
  • 5.2  You warrant and represent to us that you are the holder of a real estate agent licence in the state or territory in which the Property is located or are otherwise employed by a licensed real estate agent and hold all necessary authorisations to act under the authority of that realestate agent.
  • 5.3  You also warrant and represent to us that you lawfully act on behalf of a seller of any Property that you list onREBid as an agent with respect to the sale of that Property and that you have been commissioned to acton and that you have the authority as required by the laws and regulations of the state or territory in which the Property is located to so act on the seller’s behalf.
  • 5.4  Provided that you are legally entitled to do so, you may use REBid to facilitate sale processes for the Properties.
  • 5.5  You may invite buyers, through REBid, to participate in a sale process and undertake that you will conduct any sale process on REBid in a manner consistent with the terms of use set out at www.rebid.com.au/buyers.
  • 5.6  REBid provides a framework for the sales process, but you are able to vary that framework by notice to participants.
  • 5.7  You acknowledge that you are solely responsible for promoting and marketing the sales of Properties through REBid and that the Company is not in any way involved in or holding itself out as promoting the sale of the Properties.

6.  Payment Terms

  • 6.1  You must pay us the Fee in relation to each Property which you progress from Stage R to Stage E, B or D of REBid.
  • 6.2  You only need to pay the Fee once in relation to a Property which you progress from Stage R to Stage E, B or D of REBid as part of the same sale process.
  • 6.3  You must pay us the Fee in relation to each property at the time that you progress that Property from Stage R to Stage E, B or D of REBid.
  • 6.4  In relation to each Property for which the Fee becomes payable, we will issue a tax invoice.

7.  Commission payable to Real Estate Institutes

  • 7.1  We have worked closely with those Real EstateInstitutes set out in clause 14 (‘REIs’) on the design, application and marketing of REBid and have entered into a Marketing and Promotion Agreement with each of the REIs. We pay Valuable Consideration to each of the REIs for the services they provide under the irrespective Marketing and Promotion Agreements(‘Marketing Services’) which services include, amongst other things, the promotion of REBid as one of the preferred best practice real estate processes and the endorsement and recognition of REBid.
  • 7.2  By using REBid you:
    • 7.2.1  acknowledge that you may have received advice or marketing from an REI through the provision of Marketing Services;
    • 7.2.2  you consent to our payment of Valuable Consideration to REIs for their provision of Marketing Services; and
    • 7.2.3  acknowledge and consent to us entering into arrangements with, and paying fees to, other persons to undertake services that may include marketing services that may have influenced or persuaded you to use REBid.

8.  Warranties

  • 8.1  You must comply with all relevant laws, best practice and applicable codes of conduct in relation to your use of REBid and your promotion and marketing of theProperties and you hold the Company harmless against any breach by you of this obligation.
  • 8.2  You warrant that you will obtain all necessary consents from sellers and prospective buyers of properties to operate and use the platform.

9.  Dispute resolution

  • The parties must not commence any court proceedings (other than an application for an urgent interlocutory or declaratory relief) in relation to a dispute until either their respective CEOs or nominated representatives have met to seek to negotiate in good faith to resolve such dispute or 20 business days have elapsed from the request by either party to attend such meeting.

10.  Rules of interpretation

  • 10.1 Any provision of these Terms must be read down to any extent necessary to be valid (or, if not possible, severed).
  • 10.2 A provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for including that provision in theseTerms or that provision benefits that party.

11.  General Provisions

  • 11.1  Entire contract
    • These Terms records the entire contract between the parties as to its subject matter and no term is implied into theseTerms otherwise than as required by law.
  • 11.2  Costs
    • Each party must bear their own costs in relation to the negotiation, preparation and execution of these Terms and the use of REBid.
  • 11.3  Notices
    • 11.3.1 A notice must be in writing and signed by the party or their agent. It may be given by:
      • (a) email to the address last notified to all parties; or
      • (b) any other means allowed by Law.
    • 11.3.2 A notice, if validly given, is taken to have been received:
      • (a) if sent by email and the sender does not receive a bounce message notifying the sender that the email has failed to be delivered during business hours, on the day the notice is sent and outside business hours, at10.00 am on the next business day;
      • (b) at any other time allowed by Law.
    • 11.3.3 Where two or more persons comprise a party, notice to one is effective notice to all.
  • 11.4  Governing Law
    • The Laws in South Australia govern these Terms. Each party submits to the non-exclusive jurisdiction of the courts of SouthAustralia and the Federal Court of Australia (Adelaide Registry)and irrevocably waives any right to object to proceedings being brought in those courts on the basis that proceedings have been brought in an inconvenient forum.
  • 11.5  GST
    • 11.5.1  GST gross-up
      • Unless expressly stated otherwise in theseTerms, all amounts payable or consideration to be provided under these Terms are exclusive ofGST. If a party (‘supplier’) is required to pay GSTin respect of a supply made under or in connection with (including by reason of a breach of) these Terms, the recipient of the supply must (in addition to any other payment for, or in connection with, the supply) pay to the supplier an amount equal to such GST at the same time as such payment is made.
    • 11.5.2  Definitions
      • (a)  Terms used in these Terms which are defined in the GST Act have the meanings given to them in the GSTAct.
      • (b)  In this clause 11.5, a reference to a payment includes any payment of money and any form of consideration other than payment of money.
      • (c)  In these Terms, all references to payments and obligations to make payments, including all references to compensation (including by way of reimbursement or indemnity), are, but for the operation of this clause 11.5, exclusive of GST.
  • 11.6  Assignment 
    • Your rights and obligations under these Terms are personal and cannot be assigned by you without our prior consent. We may elect that a purported assignment by you without consent from the Company is void.
  • 11.7 Survival 
    • Clauses 2.1, 2.5, 2.6, 2.7, 4.6, 4.7, 7, 8, 9, 10 and 11 survive termination, completion, rescission or other expiry of theseTerms.

12.  Execution 

  • 12.1  By using REBid and/or providing us with your credit card or other payment details, you agree to the terms and conditions of these Terms.
  • 12.2  A person using REBid on your behalf warrants and represents (and you warrant and represent) that they have authority to bind you for the purpose of theseTerms.

13. Dictionary 

  • The meanings of terms used in these Terms are set out below (unless the contrary intention appears).
TermMeaning
Feethe fee notified to you when you progress a
property from Stage 1 to Stage 2 of REBid
GTS ActA New Tax System (Goods and Services Tax)
Act 1999 (Cth)
Lawincludes any law, regulation, statute, subordinate
legislation or enforceable proclamation
Valuable
Consideration
the consideration specified against the name of
each person in clause 14
Termsthese terms

14.  Arrangements with REIs

REIValuable Consideation
Real Estate Institute
of South Australia
(‘REISA‘)
15% of the total revenue (exclusive of GST and
other taxes) which we recover from members of
REISA in a given period for their use of REBid
Real Estate Institute
of Western Australia
(‘REIWA‘)
A marketing fee and a portal fee each of which
is a percentage of the total revenue (exclusive of
GST and other taxes) which we recover from
members of REIWA in a given period for their
use of REBid

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