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Terms & Conditions

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 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:

find and connect with other agents wherever they are located; and
send and receive sales leads instantly in any location where mobile phone (or email) reception is available.
Send “Trade Leads” through the Icon Link in order to connect with trades in a specific post code.

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.

What terms and conditions apply to use of the System?

The terms and conditions which govern use of the System are set out below.

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 referral leads and fees within their state of operation.

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.

Meanings of terms used

In these terms and conditions:

'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.
'Buyer Lead Generator' means an Agent who generates a buyer lead which is converted into a sale by a Lead Converter.
'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.
'Site' means our website //app.ezleads.com.au and the App.
'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.
'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 Pvt Ltd (ABN: 68 609 071 034).
'You' or 'your' refers to the Subscriber.

Fees

Subscribers must pay fees to use the System.

These fees are as follows:

Subscription Fee

This fee is payable by each Subscriber for the right to use the System.
This fee will be as specified in the System Pricing Matrix.
This fee is first payable on the Registration Date. Thereafter this fee is payable on the first anniversary of that date with an automatic annual rollover unless you close your subscription account and notify us of your intention to terminate this agreement, which notice must be given no later than 14 days prior to the expiration of the then current annual term.
This Fee is payable by you to us.

Seller Service Fee

This fee is an additional fee to which we are entitled when a lead is generated and converted by Subscribers.
This fee will be as specified in the System Pricing Matrix.
This fee is payable on the date on which occurs completion of the sale of the property which was introduced by a Seller Lead Generator to the Lead Converter.
This fee is payable by the Seller Lead Generator to us.

Buyer Service Fee

This fee is an additional fee to which we are entitled when a lead is generated and converted by Subscribers.
This fee will be as specified in the System Pricing Matrix.
This fee is payable on the date on which occurs completion of the sale of the property which was introduced by a Buyer Lead Generator to the Lead Converter.
This fee is payable by the Buyer Lead Generator to us.

Seller Referral Fee

This fee is a fee to which a Seller Lead Generator is entitled when a lead is generated and converted by Subscribers.
This fee will be as specified in the System Pricing Matrix - being a percentage of the commission paid or payable to the Lead Converter by the owner of the property that is the subject of the lead.
This fee is payable on the date on which occurs completion of the sale of the property that was introduced by a Seller Lead Generator to the Lead Converter.
This fee is payable by the Lead Converter to the Seller Lead Generator.

Buyer Referral Fee

This fee is a fee to which a Buyer Lead Generator is entitled when a lead is generated and converted by Subscribers.
This fee will be as specified in the System Pricing Matrix - being a percentage of the commission paid or payable to the Lead Converter by the owner of the property that is the subject of the lead.
This fee is payable on the date on which occurs completion of the sale of the property to the buyer that was introduced by a Buyer Lead Generator to the Lead Converter.
This fee is payable by the Lead Converter to the Buyer Lead Generator.

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 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.

What do you need to do before submitting a lead?

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.

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 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.

What happens when a lead results in a sale?

If:

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).
in the case where the lead is a Listing lead, the date on which the Lead Converter executes an agency agreement with the owner of the property that is the subject of the lead; and
in the case where the lead is a buyer lead, the date on which occurs the completion of the sale of the property that is the subject of the lead.
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 informed about the progress of their lead, the exchange of contracts relating to and the completion of the sale of the property (including the sale transaction price); 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.

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 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.

What about GST?

Unless otherwise expressly stated, fees quoted on the System are quoted exclusive of GST. GST will be added at the time fees are invoiced.

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.

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.

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.

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.

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 unauthorised access to computer systems or content through the System;
attempt to contact other Subscribers through the System or use any information gained from the System with the intention to make a private arrangement that would otherwise be made using the App;
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.

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.

How can my subscription be terminated?

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:

if you breach these terms and conditions; or
if you act in a way that could cause us or another Subscriber harm.

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.
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. We may, at our expense, assume the exclusive defence and control of any matter you indemnify us against, and if so you agree to cooperate with us.

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.

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).

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.

How can we send notices or share feedback?

Any notice you send us must be sent via email to admin@ezleads.com.au. 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.

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.

What laws apply to these terms and conditions?

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.

Privacy Policy

What's on this page?

This is our Privacy Policy which sets out how we handle personal information of subscribers to the EZ-Leads Referral System (System). The System is provided by EZ-Leads Pty Ltd (ABN: 68 609 071 034) (we, us and our).

Introduction

When you provide personal information to us via the System you are consenting to us collecting and using that information in line with this policy and the terms and conditions of the System. You may decline to submit personal information to us, but this means that you will not be able to complete the registration process to access and use the System.

What is personal information?

When used in this policy, the term “personal information” has the meaning given to it in thePrivacy Act 1988 (Cth). In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name and contact details (including phone numbers and email addresses). If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

What type of personal information do we collect?

We collect certain personal information about subscribers of the System. The most common types of information we collect are things like: names, email addresses, agent number, agency details, other contact details, payment information, transactional details, support queries, forum comments and web analytics data.

When do we collect personal information?

you register an account with the System;
you access the System
you contact us

Do we collect personal information about you from othersubscribers?

Although we generally collect personal information directly from you, we may on occasion also collect information about you from other people (such as the payment provider account details required to process a transaction and other subscribers with whom you engage through the System) and by using tracking technologies such as cookies, web beacons and other web analytics software or services.[Doug - are there any other occasions when you might collect personal information?]

How do we use personal information?

operate the System and provide you with the services accessible through theSystem, including to verify your identity when you sign in to the System, to facilitate and process transactions that take place on the System, to respond to support tickets and to help facilitate the resolution of any disputes;
customise our services and System for advertising and other purposes in order to provide a more personalised experience;
update you with operational news and information about our System including website disruptions or security updates;
provide you with information that you request from us or, where we have your consent to do so, provide you with marketing information about products and services which we think may interest you;
carry out technical analysis to determine how to improve the System;
monitor activity on the System, including to identify potential fraudulent activity and to ensure compliance with the subscriber terms and conditions that apply to the System;
manage our relationship with you, responding to your comments or queries submitted to us on the System or asking for your feedback or whether you want to participate in a survey;
manage our legal and operational affairs; and/or
provide general administrative and performance functions and activities.[Doug - are there any other ways you might use personal information?]

When may we disclose your personal information?

We may disclose personal information to third parties where it is reasonably necessary in order to enable us to make the System available to you, when we are required to do so by law or when you give us permission to do so.

How do we store your personal information?

We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location. Personal information that we store is subject to security and access controls, including username and password authentication and data encryption where appropriate. [Doug - will data be stored outside Australia? If so, we need to add wording about this.]

How can you access your personal information?

You may access and update or correct the information we hold about you whenever you choose to do so. You can access some of the information that we collect about you by logging in to your account on the System. You also have the right to make a request to access other information we hold about you and to request corrections of any errors in that information. You may also close the account you have with us for our System at any time. To make an access or correction request, email us at [insert email address].

When can you opt-in and opt-out of communications from us?

Where we have your consent to do so, we may send you marketing communications about products and services that we think may be of interest to you. You can 'opt-out' of such communications if you would prefer not to receive them in the future. If your e-mail address has changed and you would like to continue to receive our e-mails, you will need to access your account and update your e-mail address information in your account and sign-up again for those e-mails that you want to receive. [Confirm]

If we send e-mails with commercial content we will generally include an 'unsubscribe' facility that you can use to opt-out of further communications - to opt-out, just follow the instructions in the e-mail. We might not include an opt-out facility in important operational and service-based e-mails concerning things such as the subscriber terms and conditions, important updates and need-to-know messages. By using our System you agree that we do not need to include opt-out facilities in those messages.

You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our System may not work properly in your case. [Confirm]

How do cookies and web analytics work?

Cookies are used to enhance your use of the System, such as remembering that you are logged in. You are able to minimise or block cookies using the privacy settings in your internet browser, but this may restrict your use of the System.

When you visit our System, there is certain information that is recorded by way of web analytics which is generally anonymous information and may not reveal who you are. We only use this information for statistical and website development purposes and to improve our services to you. If you are logged into your account some of this information could be associated with your account, including:

your IP or proxy server IP;
basic domain information;
your Internet service provider is sometimes captured depending on the configuration of your ISP connection;
the date and time of your visit to the System;
the length of your session;
the pages which you have accessed;
the number of times you access our site within any month;
the size of file you look at;
the website which referred you to our System; and/or
the operating system which your computer uses.

What about information you make public or give to other subscribers?

When you make your personal information available to other subscribers, we cannot control or accept responsibility for the way they will use or manage that information. If you are concerned, you should ask them how they will handle your information.

Will this policy be updated?

We may need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our management of privacy. When we do amend the policy, the changes will be effective straightaway.

We will take reasonable steps to let our subscribers know about any changes made to this policy. You can also keep track of whether changes have been made to our privacy policy by referring to the version and effective date at the footer of the terms. You can close your account on the System 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.

How can you contact us?

If you have any questions about our privacy policy, please email us at [insert best email address] or call us on [insert phone number].

If you have any concerns about how we have been managing your personal information, or if you think we have not been complying with Australian privacy law, you can make a complaint to us in writing. We will consider your complaint and contact you to resolve the matter.

For more information about privacy issues in Australia and protecting your privacy, please visit the Office of the Australian Information Commissioner's website at www.oaic.gov.au.

Are my credit card details safe?

Yes. EZ-Leads uses STRIPE for all direct credit card processing. Stripe is a third party technology company, operating in over 20 countries, that allows both private individuals and businesses to accept payments over the Internet. Stripe focuses on providing the technical, fraud prevention, and banking infrastructure required to operate online payment systems.