EZ-Leads Pty Ltd
The EZ-Leads Referral System (System) combines mobile app flexibility with a conventional desktop website to connect, introduce and facilitate the distribution and ongoing follow-up of sales leads within the real estate industry in Australia.
By automating the distribution of 'out of area' real estate industry leads, EZ-Leads aims to expand an agent's network of contacts within the real estate industry.
The System will enable agents to:
The System is based on the customary Australian real estate industry practice under which one agent can share the details of a potential listing or the details of a sales lead with another agent and in return receive a fee if a sale is transacted using the shared information.
When an agent becomes a subscriber to the System they will get a subscription account that will allow them to post sales leads and to access sales leads posted by other subscribers - which will hopefully result in confirmed engagements.
The terms and conditions which govern use of the System are set out below.
The System is available for use by real estate agents and other professionals who are licensed, registered or hold the appropriate certificates to allow the legal right to send and/or receive referral leads and fees within their state of operation.
By completing the registration process you agree to comply with these terms and conditions. It is important that you read and understand them. If you do not agree to comply with these terms and conditions, please exit here [insert hyperlink]. If you exit you will not be allowed to use the System.
In these terms and conditions:
Subscribers must pay fees to use the System. Currently that fee is $99 per year (AUD).
These fees are as follows:
You promise that information you give us in your application and any other communications with us is true, accurate and complete.
You must keep your subscription account information up-to-date (including a current email address).
You cannot transfer your subscribership to another Agent.
You are solely responsible for maintaining the security of your subscription account and any use of the System that occurs in conjunction with your username and password.
You must keep your password secure and not let any other person use your username or password. If you realise there is any unauthorised use of your password or any breach of security you need to let us know immediately.
You must make sure that you have the permission of the person whose details you are going to provide as a lead.
You must qualify the lead to the best of your ability to ensure that it represents a genuine opportunity.
You must make sure that you have verified the information given to you by the person whose details you are going to provide and that you accurately transcribe that information when loading the lead form.
Any Subscriber can access and follow up available leads but you must only follow up those leads that you can properly service. Your subscription will push a notification to your registered phone when there is an available lead in your registered service area. You may also view and secure leads from other post codes or suburbs.
You must not pass leads to other Agents. If another Agent wants to have the benefit of our service, they should become a Subscriber.
You are prohibited from following up leads unless they have been allocated to you.
We are responsible for ensuring that the System will be suitable for the purposes described on the System and that we will provide our services with reasonable skill and care.
We will, to the best of our ability, have the System available for access 24 hours a day 7 days a week but are not responsible if you are not able to access the System as a result of us undertaking preventative or remedial maintenance or as a result of circumstances beyond our control.
We provide a platform to facilitate Agents providing qualified leads to each other. We do not verify leads or police the enforcement of the arrangement between a lead generator and a lead convertor.
The System may contain links to other sites. We have no control over or responsibility for anything on those sites and do not endorse or sponsor those sites.
The Link to “Trade Leads” is an additional service that has been provided to offer a mobile link to a number of types of varying Trades and makes no representation of the company or companies that are involved and associated with the “Trade Leads” link.
Otherwise, we do not make any express or implied promises about the System.
Unless otherwise expressly stated, fees quoted on the System are quoted exclusive of GST. GST will be added at the time fees are invoiced.
As all Subscribers are Agents with the legal right to participate in the System and as the System facilitates a business practice that already occurs informally between agents you will be expected to resolve any disagreement directly with the other Subscriber.
We will provide you, on your reasonable written request, in relation to the resolution of any disagreement with another Subscriber, with information (from the System) about leads and other information available to us.
We own all the content available on the System. This includes (i) the design, compilation and look and feel of the System; (ii) data stored on the System; and (iii) copyright, trademarks, designs and other intellectual property appearing on the System.
We respect your privacy. When you become a Subscriber you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with the System.
We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we cannot promise that your use of the System will be confidential, and we cannot promise that any information you provide to us is perfectly secure. While using the System, you may also become aware of confidential information about us or another Subscriber. You promise to not disclose any confidential information made available to you through the System to any other person.
We expect all of our Subscribers to take a common sense approach when using the System and to behave as if they would when dealing with each other offline.
Without limiting the generality of that expectation, you promise that you will not:
Yes, we reserve the right to monitor use of the System for the purpose of making sure that the System is functioning as we intended and that Subscribers are complying with these terms and conditions.
You may terminate your subscription with the System by closing your subscription account.
Remember to notify us of your intention to terminate no later than 14 days prior to the expiration of the then current annual term to avoid being charged the Subscription Fee. Please refer back to the section on Fees for more information. We may, acting reasonably, decide whether or not you are complying with these terms and conditions. We can suspend or terminate your access rights at any time for any reason for any of the following reasons:
You agree that we are not responsible for, and you release us from liability arising out of or in connection with:
Our liability to you in connection with the System or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
What if you are agreeing to these terms on behalf of someone else?
If you are agreeing on behalf of someone else (like your employer), then you are promising to us that you have full legal authority to bind that third party.
In some places there may be non-excludable warranties, guarantees or other rights, which we do not exclude, restrict or modify in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
Nothing in these terms and conditions is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
Any notice you send us must be sent via email to email@example.com. Any notice we send to you will be emailed to the email address linked to your subscription account.
We invite you to share feedback with us and to have your say.
We may change these terms at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your subscription account and terminate your agreement with us if you do not agree to the changes. However, if you continue to use the System after the changes are made, then you will be agreeing to the changes.
The laws of New South Wales govern these terms and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.