User Terms and Conditions
Homepass Australia Pty Ltd ACN 602 046 480 ("Homepass" "we", "us", or "our") provides various services to you as a user ("you" or "your") through our app or website ("Homepass Products").
What Homepass Products do
Homepass facilitates the purchase, sale or rental of real property. The Homepass Products have been created for real estate agents who are assisting property owners to sell or lease their property and for consumers who are looking to buy or lease a property.
Homepass allows real estate agents users to:
- deliver the best property experience to their customers;
Homepass enables consumer users to:
- identify properties that may be of interest to them;
- facilitate the flow of information between the relevant real estate agent; and
- request performance of various services by third party providers that have agreed to provide their service through Homepass.
Agents may access the Homepass Products online via a desktop, laptop or on our mobile app called Homepass and is designed to make it easy for real estate agents to interact with buyers, sellers or renters that may be interested in a listed property.
Consumers may access Homepass Products to view property details and receive communications from a listing agent.
We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Homepass website at https://homepass.com/terms. All changes will come into effect 30 days after the relevant change is posted. Your subsequent or continued use of the Homepass Products after the change comes into effect will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to discontinue your use of the Homepass Products.
These terms and conditions of use were last updated in May 2020.
Authorised real estate agent
As a condition of use of the Homepass Products as a real estate agent user, you warrant and represent to us:
- you hold all licences, accreditations and authorisations required by law for you to sell or lease (or offer to sell or lease) the properties that you submit to Homepass;
- you are authorised to sell or lease (or offer to sell or lease) all properties that you list through Homepass;
- the property listing, goods or services you display or offer, and the processes by which you offer those goods or services to a customer, comply with all applicable laws including but not limited to the Australian Competition and Consumer Act 2010 (Cth) and the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 (as applicable) and any other applicable fair trading legislation; and
- your listing on Homepass (including any description) does not include anything that is misleading and deceptive including but not limited to your qualifications as a real estate agent and is not offensive, defamatory, slanderous, libelous, violent, sexually explicit and/or exploitative.
The Homepass Products
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any app website, feature or service (or part thereof) at any time. If you are a paid subscriber, we will provide you no less than 30 days' notice of any intended discontinuance.
To access or use certain parts of Homepass's products, you must register with Homepass as a member by creating an account with us ("Account").
You must not register as a member multiple times.
You must not impersonate or create a membership for any person other than yourself.
We may at any time request a form of identification to verify your identity.
You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details. You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
We reserve the right to, in our sole discretion (acting reasonably), suspend or terminate your membership or access to all or any part of the Homepass Products and services, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
(a) ensure that any information you provide to us or to a Third Party through Homepass will be accurate, complete and current;
(b) not use the Homepass Products or services in breach of any applicable laws or regulations;
(c) not use the Homepass Products or services (or Material obtained from the Homepass Product):
- to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose;
(d) not use the Homepass Products or services to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- contains, promotes, or provides information about unlawful activities or conduct;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- exploits another person in any manner;
- contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless you have their consent;
- poses or creates a privacy or security risk to any person;
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
- contains financial, legal, medical or other professional advice;
(e) not interfere with, disrupt, or create an undue burden on a Homepass Product;
(f) not use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Homepass Products;
(g) not use the Homepass Products with the assistance of any automated scripting tool or software;
(h) not frame or mirror any part of a Homepass Product without our prior written authorisation;
(i) not use code or other devices containing any reference to a Homepass Product to direct other persons to any other web page;
(j) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of a Homepass Product or cause any other person to do so; or
(k) delete any attributions or legal or proprietary notices on the Homepass Products.
By uploading, transmitting, posting or otherwise making available any Material via the Homepass Products, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with the Material in any form and for any purpose including but not limited to displaying and sharing the information or material with our related bodies corporate for the purpose of promoting or operating Homepass or promoting or operating the businesses of our related bodies corporate or other affiliates apps, websites, platforms or services;
(b) except where expressly stated otherwise, also grant each user of the Homepass Products a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the above mentioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Australia) or the Copyright Act 1994 (New Zealand), as applicable) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
- review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
- monitor use of the Homepass Products, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on a Homepass Product by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on a Homepass Product simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
If you think that a Homepass Product has been accessed or used by another user in breach of the Conditions, please email us at email@example.com. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to firstname.lastname@example.org
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Homepass Products.
The Homepass Products contain Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, the Material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on the Homepass Product to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on the Homepass Product should be construed as granting any right of use in relation to any logo, masthead or trademark displayed on the Homepass Product or that of any related body corporate or Third Party without the express written consent of the relevant owner.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on the Homepass Product. Such websites do not form part of the Homepass Products and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Homepass Product entirely at your own risk.
You must not link to the Homepass Product without our prior written consent.
The Homepass Products may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on the Homepass Products, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
We may allow you to share some of the content in our Video Player on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared in accordance with the functionality of the Video Player. No rights whatsoever in any content are granted to you by virtue of the sharing functions, and We reserves all rights in relation to the content and the Video Player, including the right to require users of the Video Player to remove shared content for any reason in our absolute discretion. Users of the Video Player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made. Users must display contact information on their website sufficient to allow us to make contact and request player removal. We do not make any warranty, representation or guarantee as to availability or any level of service and may disable the Video Player without notice.
We may provide you with alerts and other information in respect of property or services in which you have expressed an interest. We do not guarantee the delivery or the accuracy of the content of any alert.
You understand and agree that any alerts provided to you through Homepass may be delayed or may not occur for a range of reasons. You agree that we are not liable to you or any third party for any delays, failure to deliver, or misdirected delivery of any alert, or for any errors in the content of an alert.
You are solely responsible for any actions taken or not taken by you or any third party in reliance on an alert or any other information provided to you by Homepass.
You use the Homepass Products at your sole risk.
Except where expressly stated otherwise, Material on the Homepass Products is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the Homepass Products will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
You must take your own precautions to ensure your access to the Homepass Products does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Homepass Products, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users' use of, access to or conduct in connection with the Homepass Products in any circumstance.
Limitation of liability
You use the Homepass Products at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Homepass Products that are not expressly set out in the Conditions. If you are a real estate agent, or otherwise using the Homepass Products in trade, the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 (to the extent permitted by law) shall not apply.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
- (i) the re-supply of those services; or
- (ii) the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
- (i) the replacement of the goods or the supply of equivalent goods;
- (ii) the repair of the goods;
- (iii) the payment of the cost of having the goods replaced; or
- (iv) the payment of the cost of having the goods repaired.
In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Homepass Products, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Homepass Products.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Homepass Products, including any breach by you of the Conditions.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using the Homepass Products, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
In these terms and conditions:
"Material" means text, illustrations, photos, audio, video, any combination of these or other material including but not limited to listing data, customer data, descriptions of properties, associated text and photographs, your brand or logo and property documents.
"Third Party" means a party other than Homepass Australia Pty Ltd ACN 602 046 480 and/or its related bodies corporate.
The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.