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 unless you cancel your membership of Hey Agents within 48 hours of receiving the first of those notices.
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;
- Corporations Act means the Corporations Act 2001 (Cth);
- Hey Agents means Agent Brokers Pty Ltd (ACN 616 463 104) trading as “Hey Agents”;
- Premium Membership has the meaning given to it in clause 6;
- Terms means these terms and conditions between you and us;
- Us, We and Our means Hey Agent.
2. Joining Hey Agents
- Hey Agents offers a platform by which real estate agents and agencies may reach clients. By joining Hey Agents you (whether as a real estate agent, on behalf of a real estate agency, or both) agree to:
- Provide us with accurate information in regard to the licence or licenses that you hold, your insurance, and other details which we reasonably require; and
- Provide us with means to verify such information.
- If you are a real estate agent, you further agree to select five core suburbs for which your profile may display when a search is conducted by an end user in one of those suburbs (although we are not obligated to display your profile when a search is conducted in relation to one of those suburbs);
- If you join Hey Agents as or on behalf of a real estate agency, you agree to provide information in relation to CRM software that the agency uses. You further agree:
- that Hey Agents may receive data that it consider reasonably necessary from that system, and that you will take all reasonable necessary steps to allow Hey Agents to receive such data; and
- that Hey Agents may use the data that it receives, and that you will not exercise any propriety right in relation to that data that prohibits Hey Agents from doing so.
- You may join Hey Agents for free. However you will be obligated to pay:
- the amount set out in clause 4 if you sell a property owned by a client to whom you are introduced via Hey Agents; and
- the amount set out in clause 6, but only if you elect to purchase Premium Membership;
- On joining Hey Agents, if you join as a real estate agent rather than as an agency, you will be asked to select the agency that you work for from a drop down list. If your agency is unavailable, you may write to us setting out the name of your agency;
- By joining Hey Agents, if you join as a real estate, you warrant that you have attained appropriate permission from your agency, and that you will at all times retain permission from the agency with whom you are associated at that time, or immediately discontinue your use of Hey Agents;
- By joining Hey Agents, if you complete registration on behalf of a real estate agency, you personally warrant that you have the authority to bind that agency by these terms and conditions, and that the agency will abide by all terms and conditions set out in this document (as amended from time to time).
3. Verification of identity and qualifications
You may list a property that you own on our website. If you do so, you:
- By joining Hey Agents as a real estate agent, you agree that we may take all steps that we consider reasonable to verify your identity, qualifications and any other information that you provide. You specifically acknowledge that we will be engaging third parties to do this, and consent to our engagement of them in this regard, as well as to all background checks that we conduct, or which we engage others to conduct on our behalf;
- By joining Hey Agents as a real estate agency you agree that we may take all reasonable steps to verify your CRM, and the licence and qualifications of the principal of your agency.
4. Reviewing of Agents
- If you join Hey Agents as a real estate agent, you acknowledge that:
- as a member of Hey Agents, members of the public will be able to post comments about the quality of service that you provide, from authenticated past sellers who you have direct relationships with. We are not responsible for such comments, even if they are false or inappropriate. You agree to release us from all liability and bring no claim as a result of any such comment posted on our website;
- While we do not warrant that any comments or reviews will be accurate, and will incur no liability for anything posted by a third party on our website, we will endeavour to investigate and remove any comments which are identifiably false. If you believe that comments posted about you are identifiably false, you may write to us requesting that we review those comments. Our decision on whether or not to remove any such comments will be final, and at our absolute discretion;
- You may be unable to remove negative comments about you.
5. Commission Structure
- Hey Agents does not charge you to sign up for its service. However, if you are a real estate agent, the following applies:
- when you sell a property on behalf of a client to whom you were connected by Hey Agents, or who selects your service as a result of information provided by Hey Agents, you agree to pay 5% +GST of your total commission to Hey Agents on settlement;
- Hey Agents will provide you with a tax invoice by email for each relevant property. You agree to pay the tax invoice on time and in full, and acknowledge that every invoice will be due on the day of settlement, with 7 day terms. If you fail to do so, Hey Agents may charge you daily interest at a rate 10% per annum, on a pro rata basis until the amount is paid in full;
- If for any reason Hey Agents fails to send you a tax invoice on the sale of a relevant property, you undertake to promptly inform Hey Agents in writing;
- You warrant that under no circumstances will you deal privately with a client introduced to you, or otherwise engaging you as a result of Hey Agents. If you do so, you will be liable for the commission set out in clause 3(a) as if the transaction had taken place wholly via Hey Agents, and may be immediately excluded from use of our service.
- Notwithstanding any other provision in these terms, you will not be liable to pay us commission in relation to a property where:
- a home owner specifically nominates you as his or her preferred agent on using our website, prior to searching for available agents or agencies; and/or
- you produce reasonable evidence that you and the agency that you are currently working for conducted an in-person appraisal for the relevant client in the last 12 months prior to the date on which the home owner engages you.
- if you join Hey Agents as a real estate agency, you agree that if an agent employed or otherwise engaged by your agency sells a property, and he or she was introduced to the vendor or that property as a result of information that you received from Hey Agents, that agent will be required to pay us commission as if he or she had been directly introduced to the client by Hey Agents. You agree to indemnify us against any failure of your agent to pay commission in accordance with this clause 5(b).
6. Premium Membership
- If you are an agent:
- you may purchase a “Premium Membership” of Hey Agents. This will allow you to nominate a further 5 suburbs to be attached to your profile. To do this, you will be required to pay $100 on a month by month basis, starting on the day that you initiate the Premium Membership;
- you may request to change the suburbs to which your profile is attached, however we are not under any obligation to grant such a request; and
- purchase of Premium Membership does not guarantee that your profile will display in relation to all searches in a suburb to which it is attached.
7. Security of Payment
- Will endeavour to ensure that your payment details, and any other personal information that you provide are held securely. However you agree to release us from all liability in relation to any failure to properly secure such information;
- You acknowledge that we use the payment system of an entity operating under the trading name “Stripe” who provides services under the terms and conditions set out at https://stripe.com/au/legal. You agree that such terms are reasonable, acknowledge that they are binding on us and on you when you make payment, and that you will not bring any claim against us for doing anything that we are required to do to comply with these terms.
9. Interaction with Consumers
Hey Agents may connect you with end user consumers seeking to sell properties and allow direct communication between you and those consumers. If it does so, you agree:
- To provide information as accurately as possible;
- To act in a professional manner; and
- To conduct business in a matter that respects the Hey Agents platform and process, when communicating directly with clients offline, and once they have chosen a subsequent agent, regardless as to whether that agent was you.
10. Termination of Membership and Removal of Posts
- Hey Agents may terminate your membership at any time in its absolute discretion and with or without explanation. If it does so, any amount that you owe Hey Agents will survive termination;
- Hey Agents will at all times be entitled to remove anything that you post for any reason that it sees fit;
- You may terminate your membership by 7 days written notice, except where you have purchased a Premium Membership Package for a specific time period or minimum time period.
- 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.
13. 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.
- 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 01:35 UTC