Terms and Conditions
- Thank you for deciding to use our website and service known as “Hey Agents”. By using this service, you agree to be bound by the terms and conditions set out below. If you do not agree with these terms and conditions, you must immediately cease using our service;
- By using our website and service, you agree to be bound under the laws of New South Wales and the Commonwealth of Australia;
- We reserve the right to change these Terms at any time without notice. If we do, we will post a notice of the change on our website. You will be taken to have agreed to the change if you continue using our website or services thereafter.
In these Terms:
- If the Terms provide for something to occur on a particular day and that day is not a business day in Sydney, that thing is to be done on the next business day in Sydney;
- Agent includes a person employed by or acting on behalf of any business, person, organisation or agency that is the holder of a valid real estate license;
- Corporations Act means the Corporations Act 2001 (Cth);
- Hey Agents means Agent Brokers Pty Ltd (ACN 616 463 104) trading as “Hey Agents”;
- Terms means these terms and conditions between you and us;
- Us, We and Our means Hey Agent.
2. Real Estate Agents
- On visiting our website, you may view information in regard to real estate agents or agencies. If you proceed through to creating a brief, and subsequently engage an agent, whether directly through or in any way as a result of visiting our website (notwithstanding that you may have been already familiar with that agent), you acknowledge that the introduction has occurred as a result of the services provided by Hey Agents (even though our service is at all times free for you the client)
- You acknowledge that any information that we provide in relation to real estate agents is provided to us by third parties, and while we use our best endeavours to verify such information, we are unable to verify the veracity of that information. You will not bring any claim against us if that information is false or misleading;
- You acknowledge that we are not obligated to supply you with information in regard to, or details of any particular agent or agency, regardless of the location of that agent or agency, and whether or not that agent or agency subscribes to our services
- When you post information about a property, your doing so may lead us to share that information with real estate agents or agencies, with your explicit permission. You are under no obligation to share your personal details, or continue using us to help you find an agent. We will not share personal information until you give us permission to share the information that you have provided with a particular agent or agency by clicking on a button that authorises us to share your information with that agent or agency.
3. Creation a brief
You may create a brief on our website, with the intention of receiving proposals from local real estate agents. If you do so, you:
- Warrant that to the best of your knowledge, the information that you provide regarding the property is accurate;
- Warrant that you are entitled to provide all information that you share with us, and that you are entitled to deal with the property in the manner contemplated by your use of our website and service;
- Consent to us retaining and using the data that you provide;
- When you are creating a brief, you are providing us and giving us permission to protect your personal information, until which time you permit to release this information via our platform for the purpose of arranging a face to face interview, with the particular agent of your choice..
4. Verification of Information
- By providing information regarding a property on our website or to us, you consent to us contacting you to verify your identity when we see fit, and undertaking such checks that we consider appropriate to confirm your ownership of the property and your right to deal with the property
- We reserve the right to remove, or refuse to accept any post or information regarding a property for any reason we see fit, including but not limited to:
- Us believing (whether reasonably or not) that the post or information may harm our brand or business;
- Us being unable to verify information that you provide;
- Us being unable to contact you.
- Where you are not the owner of the property registered.
5. Update on Completion of Sale of Property
On the completion of the sale of your property with an agent to which you were introduced by Hey Agents in accordance with these Terms, you agree to provide us with all reasonable information when requested (or if we request that information later, when we request that information). Such information includes the sale price and the commission received by your agent.
6. Valuations and Appraisals
From time to time, we may make tools or software available for you to attain property valuations and appraisals. You acknowledge that:
- You may and will use these tools and/or software for personal research alone, and agree to indemnify us against any breach of this clause 6(a)
- Such tools and/or software may contain errors or inaccuracies; and
You agree to use such tools and/or software strictly at your own risk and release us from all liability in relation to any loss or damage that you suffer as a result of such use.
- Except to the extent required by law, We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of our service; and
- Except to the extent prohibited by law, we disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon our service.
To the fullest extent permitted by law:
- All conditions and warranties as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
- Except where the law requires otherwise, in no event will we, our officers, employees, or agents be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages), whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
- We are not liable to you or to any third party for any personal injury, including death, caused by or connected to access to the service or products that we provide; and
- To the extent permitted by law, remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
10. Intellectual Property
By using our website and services, you agree that we own all intellectual property rights in all content posted on or otherwise contained on the website or in relation to our services. You agree not to:
- Download or copy any part of our website or any platform that we offer without our express written consent;
- Bring any claim in relation to intellectual property against us;
- Produce any alternate website or material that contains material elements of our website.
In the unlikely event that you genuinely feel that we have used intellectual property improperly, you may write to us by email. Our determination of whether or not your claim is valid will be final and definitive.
- You acknowledge that Hey Agents is an independent third party facilitator in respect of any transaction and communication between you and any/all real estate agents and agencies. Hey Agents at all times remains independent from any advice, content, correspondence, information or representations given by any and all agents or agencies. By engaging a real estate agent or agency you take upon yourself all risks associated with that relationship, and acknowledge that we will incur no liability as a result of that relationship, or any service or advice provided pursuant to that relationship;
- You acknowledge that Hey Agents is not, does not, and has never held itself out to be a real estate agent or agency, and that nothing that we say or do may be relied upon as advice in relation to real estate or constitutes a real estate service;
- While we will endeavour to ensure that our website and its features are available at all times, we will not incur any liability or obligation if the website or any of its features are inaccessible for any length of time;
- To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty;
- Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach;
- We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God; and
- These Terms are governed by and construed in accordance with the law of the State of New South Wales, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
Last updated on 26 March, 2018 at 12:35 AEDT