TERMS & CONDITIONS
Terms & Conditions of EZ-Leads App Usage
1. What is the EZ-Leads Referral System?
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 real estate leads within the real estate industry in Australia and the United States.
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:
- Find and connect with other agents wherever they are located within their country of employ.
- Create user ‘Groups’ for targeting franchise, company, team or other industry networks; and
- Send and receive real estate leads instantly in any location where mobile phone (or email) reception is available.
The System is based on the customary Australian and United States real estate industry practice under which one agent can share the details of a potential seller lead or the details of a potential buyer 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 buyer and seller leads and gain access to buyer and seller leads posted by other subscribers – which may result in confirmed engagements.
2. What terms and conditions apply to use of the System?
The terms and conditions which govern use of the System are set out below.
3. Who can use the System?
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 real estate referral leads and fees within their state/country of operation.
4. When do you agree to these terms and conditions?
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. If you exit you will not be allowed to use the System.
5. Meanings of terms used
In these terms and conditions:
- ‘Agent Profile Page’ is the digital page that all System Subscribers can create to display information about their professional status in the System.
- ‘Agents’ means real estate agents and property managers or real estate agency employees who are legally able to send and receive referrals.
- ‘App’ means the EZ-Leads mobile application through which Subscribers can access and post sales leads and utilise the System.
- ‘Basic Agent’ is the free version of the EZ-Leads System.
- ‘Buyer Lead Generator’ means an Agent who generates a buyer lead which is converted into a sale by a Lead Converter.
- ‘Elite Agent’ is the paid version of the EZ-Leads System with additional features.
- ‘Group’ is a network of System Subscribers who can selectively broadcast to other Group members within the System.
- ‘Group Manager’ is an Elite Agent System Subscriber who has created a networking Group for the purpose of selecting System Subscribers to exclusively exchange leads via the System.
- ‘Group Members’ are System Subscribers who have accepted an invitation from the Group Manager or had their request to join the Group accepted by the Group Manager.
- ‘Group Membership Fee’ is the monthly price that Group members pay to remain members of the Group. This fee is set by the Group Manager.
- ‘Group Profile Page’ is the digital page that is created by the Group Manager and is visible in the System.
- ‘Invoice’ means a valid GST compliant tax invoice.
- ‘Lead Converter’ means an Agent acting for a seller who either (i) accepts a seller lead and converts this lead into a sales agency with the owner of the property that is the subject of the lead or (ii) accepts a buyer lead (in respect of a property for which it holds a sales agency or legal agreement to sell) and converts this lead into a sale to the buyer that is the subject of the lead.
- ‘Registration Date’ means the date on which you complete the registration process in order to obtain a subscription account.
- “Seller Lead Generator’ means an Agent who generates a lead which results in the Lead Converter entering into an agency agreement with the owner of the property that is the subject of the lead.
- ‘Site’ means our website https://app.ezleads.com.au/ and www.ezleads.com.au and the iOS App and the Android App.
- ‘Subscriber’ means a subscriber to the System.
- ‘System’ means our software application and the related services that you will be able to access and use once you conclude the registration process.
- ‘We’, ‘us’ or ‘our’ refer to EZ-Leads Pty Ltd (ABN: 68 609 071 034).
- ‘You’ or ‘your’ refers to the Subscriber.
EZ-Leads currently has both a free version and an Elite Agent version. The Elite version offers the user additional features and benefits and requires the user to pay a yearly subscription fee which is billed upfront . Currently that fee is $48.00 per year. We reserve the right to change the fee and charge structure and will notify you prior to such changes. Should changes in Fee and Charge Structure be implemented, new charge and fee structure will commence on the completion of the annual subscription.
- This fee is payable by each Subscriber for the right to use the Elite Agent version of the System.
- This fee is first payable when the User chooses to upgrade to Elite Agent Status. Thereafter this fee is payable on the first anniversary of that date with an automatic annual rollover unless you close your subscription account or change your subscription plan. Subscription Plans can be changed within the Subscription page found in your Agent Profile section.
- This Fee is payable by you to us.
- We do not offer refunds for paid subscription fees.
EZ-Leads allows Elite Agent subscribers to create ‘Groups’ that can be used to target Lead Broadcasts to agents within Corporate Networks, Training Networks, Industry Affiliations, Zip/Post Code Professional Colleagues, etc. The Elite Agent subscription enables the user to create and manage one Group. Elite Agent subscribers can create and manage Additional Groups for $25 per Group per Annum. These Groups can be used to broaden or refine a Lead Broadcast by any member of the Group. The creator of the Group is known as the Group Manager and controls the Group Profile Page that can be viewed by all users of the EZ-Leads System. The Group Manager can invite potential Group Members to join the Group. Current Subscribers of the EZ-Leads System can be invited or EZ-Leads Subscribers can ask to be Invited into the Group. The Group Manager has sole discretion regarding who is allowed to join the Group. The Group Manager can create a Free Group or can apply a monthly charge for membership.
- The Group Membership Fee is payable to EZ-Leads by Group Members and is Australian GST (Goods and Services Tax) Inclusive.
- This fee is first payable when the Group Manager accepts the User’s ‘Request to Join’ and the PayPal transaction has been completed OR when the User accepts the Group Managers Invitation and the PayPal transaction has been completed. Thereafter this fee is payable monthly with an automated payment.
- This Fee is payable by you (EZ-Leads System Group Member) to EZ-Leads.
- We do not offer refunds for monthly Group Membership Fees. However, Group Members can ‘Leave the Group’ at any time by going to the Profile page. Locate the specific Group in ‘Groups I am a member of’ and click on ‘Leave the group’. You will be asked if you wish to Leave the Group? Click Yes and the System will cancel your PayPal automated monthly payment.
7. What are your responsibilities?
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 subscription to another Agent, person or company.
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 realize there is any unauthorized use of your password or any breach of security you need to let us know immediately.
While our Terms and Conditions state that a Lead Accepting Agent agrees to pay a Referral Fee for leads that are obtained from the EZ-Leads System and eventuate in a ‘Closing’ or ‘Settled’ and finalized sale, we recommend that the Lead Generator who Posts the lead on the EZ-Leads system provide a formal referral agreement that is legal within the user’s State or Territory and Country. The EZ-Leads System does not have the facility to send the names and contact details of potential leads and this has been designed to allow the Posting Agent the time needed to send a formal Referral Agreement to the Accepting Agent.
8. What do you need to do before submitting a lead?
You must make sure that you have the consent 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.
9. What do you need to do to follow up a lead?
Any Subscriber can access and follow up available leads but you must only follow up those leads that you can properly service. Your subscription can/will push a notification to your registered phone when there is an available lead in your selected service area or directed to a Group that you are a member. You may also view and secure leads from other zip/post codes or suburbs outside your normal service area.
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.
10. What happens when a lead results in a sale?
- another Subscriber gives you a lead; or
- you give another Subscriber a lead, and that lead is converted, then a contract is deemed to have been made between you and the other Subscriber (Lead Contract).
A Lead Contract will be deemed to have been made:
- in the case where the lead is a Listing lead; on the date on which the Lead Converter executes an agency listing agreement with the owner of the property (or authorized representative) that is the subject of the lead; and
- in the case where the lead is a buyer lead, on the date on which occurs the completion of the sale (Closing or Settlement) of a property from a buyer who is the subject of the lead.
- A Lead Contract
Under each Lead Contract the party that is the Lead Converter (Accepting Agent) must:
- comply with all laws and regulations;
- use all reasonable efforts to effect a sale of the property that is the subject of the lead in a timely and professional manner;
- keep the lead generator (Posting Agent) informed about the progress of their lead, the exchange of contracts (escrow) relating to and the completion (settlement/close) of the sale of the property (including the sale transaction price and gross commission); and
- keep us informed about the progress of a lead. We retain the right to request and be provided with relevant information relating to all Leads entered, posted, accepted and exchanged within our system.
11. What are our responsibilities?
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 converter.
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.
Otherwise, we do not make any express or implied promises about the System.
12. What about GST?
Unless otherwise expressly stated, fees quoted on the System are quoted inclusive of GST for Australian agents. Australian GST (Goods and Services Tax) is included in the pricing and will be visible on invoices provided for the EZ-Leads System. United States agents are not charged Australian GST.
13. How will disputes between Subscribers be resolved?
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.
14. Who owns System content?
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.
15. How will your information be handled?
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. By accepting the terms and conditions of being an EZ-Leads Subscriber, you agree to accept email correspondence regarding information about new Features and Functionality within our system, Lead Notifications Alerts, enquiries relating to leads you have Posted or Accepted and various other Company related issues.
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.
16. How do we expect you to behave when using the System?
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:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorized access to computer systems or content through the System;
- attempt to or actually interrupt, negatively impact or alter the operation of the System in any way;
- use the System or any of its content in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; or
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the System, other than in accordance with these terms or the license for the item.
17. Do we monitor use of the System?
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. We can suspend or terminate your access rights at any time for any of the following reasons:
- if you breach the EZ-Leads System terms and conditions; or
- if you act in a way that could cause us or another Subscriber harm.
18. How do I close my EZ-Leads Account?
You may terminate your subscription with the EZ-Listing System by emailing email@example.com to close your subscription account. Please provide the name, phone number, email address and office location you have entered in the Agent Profile. Open your Agent Profile page within the System and click on ‘Manage Subscription’. To cancel your Elite Agent Subscription click on ‘Continue as Basic Agent’. This will cancel your Elite Agent Automated Billing. You can cancel any Groups you manage and any Groups you are a paid member. Groups you manage will be transferred to EZ-Leads Administration. We do not refund for accounts that are terminated prior to the end of the subscription date. Please refer back to Section 6 on Fees for more information.
Remember to check that your automatic payments have been cancelled within your PayPal account. This is located in Settings>Payments>Manage Automated Payments.
19. Who can be held liable if things go wrong?
You agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- information provided by other Subscribers to the System; and
- your use of information found on the System.
Our liability to you in connection with the System or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
- our total liability to you is limited to the total fees paid by you to us in the 12 months before liability accrued.
- These sections mean that you protect us from costs and claims that happen because of your actions on or in respect of the System, and that our liability to you is limited. exclusive We may, at our expense, assume the defence and control of any matter you indemnify us against, and if so you agree to cooperate with us.
20. 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.
21. Do consumer laws form part of these terms and conditions?
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).
22. What relationship exists between all parties?
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.
23. How can we send notices or share feedback?
Any notice you send us must be sent via email to firstname.lastname@example.org. 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.
24. How can we change these terms and conditions?
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.
25. What laws apply to these terms and conditions?
The laws of New South Wales, Australia govern these terms and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.