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Agent Terms & Conditions

 

MARKETPLACE LISTING AGREEMENT

(Real Estate Agents) 

bRight Agent provides a marketplace between property owners (Sellers) and Real Estate Agents to match properties and services. Sellers can list properties on the bRight Agent platform to connect with agents, and Real Estate Agents benefit from a broader market platform through the bRight Agent funnel. 

Our marketplace invites Real Estate Agents to make competitive (lower) bids regarding their agent commission and fees to ‘win’ the right to be the marketing agent for the property listing. Ultimately, the Seller still gets to choose the Agent they wish to represent their property.

This Marketplace Listing Agreement (“Agreement”) is between Bright Ideaz Pty Ltd ABN 66 665 394 472, trading as bRight Agent (the “Marketplace” and the “App”) and You (the “Real Estate Agent”, the “Agent”) and contains the terms and conditions of listing your Real Estate service with bRight Agent.

By clicking ‘Yes’ at the App to indicate your acceptance of these Terms, you (the Agent) agree to be bound personally by the Terms. Importantly, these terms also bind the Agency and so if you are not authorised to enter into an agreement like this one then we may, as a condition of the Agreement taking effect, require the Agency to agree as well.

 

There is facility on the Website for you to print or email a copy of the Terms. We recommend you keep a record of these terms.

In these Terms –

  • the words We, Us and Our refer to bRight Agent.
  • the words You and Your refer to both the Agent (the person getting registered on the App) and the Agency.
  • the word party refers to bRight Agent, the Agent or the Agency (as applicable).
  • the word parties refers to bRight Agent, the Agent and the Agency.
  • the word Agreement refers to the legally binding agreement between bRight Agent, the Agent and the Agency incorporating these Terms.

Please read this Agreement carefully. This Agreement is a legally binding document. By listing your services with bRight Agent, you agree to be bound by the terms and conditions in this Agreement. 

These Terms and Conditions may change at any time. Please check these Terms and Conditions regularly. The Terms and Conditions are located at brightagent.com.au/agent-terms-conditions

Please contact bRight Agent at info@brightagent.com.au if you have any questions about this Agreement. 

Terms and Conditions

Agent Profiles

  1. All Real Estate Agents must create an Agent Profile via the bRight Agent website or mobile application. To complete an Agent Profile, you will be required to provide the following information (the “Content”):
  • Name
  • Email address
  • Phone number
  • Agent license number
  • Years of experience
  • Profile picture
  • Short biography (optional)
  1. Agents can update their details by logging via the “Settings / Edit Profile” section on the website and App. 
  2. Agents can initially view the platform and listings in their nearest city for free; however, they must subscribe and pay a monthly or annual fee to have ongoing access specific property information or bid on a listing.
  3. Upon subscription, Agents can then ‘bid’ on the listed property by listing their commission rate and fees for other services. Other services may include but are not limited to photography, advertising and property styling.  
  4. The Seller’s contact details are made available via the bRight Agent platform upon selection by the Seller of the successful Agent. 
  5. Agents can update their bids at any time before the listing expires.
  6. You are responsible for the integrity of the information provided by you in your listing. 
  7. From time-to-time bRight Agent will conduct listing audits. 
  8. Where listing information is incorrect through an honest mistake you will be given seven days (7) to rectify your listing. 
  9. After seven (7) days, your listing will be removed from the site and your subscription will be forfeited. 
  10. Where listing information is found to be misleading or deceptive your listing will be removed immediately, and your subscription will be forfeited.

Your Commitments

  1. The Content you provide must comply with any content standards or guidelines We communicate to You from time to time (Standards). 
  2. In Your dealings with Clients and other third parties in connection with the App service, You must act in a manner which supports and enhances the brand and reputation of bRight Agent and our services. At all times you agree to:
  1. Act professionally, courteously, and with integrity, candour and honesty in Your dealings both with Clients and with bRight Agent.
  2. You agree to submit “bids” diligently and make all reasonable efforts to provide competitive and high levels of service to property owners.
  3. You must comply with applicable laws relating to the activities you perform as an Agent or Agency (this includes maintaining a current real estate agent or agency licence and complying with the Australian Privacy Principles (APPs)).
  1. If we consider you are not upholding the standards described in paragraph c) above, we may remove or suspend your listing and subscription for such period as we determine until we are satisfied you have taken steps to ensure compliance in future.
  2. To enable us to use the Content for the App service, you grant bRight Agent, its related entities and contracted service providers an irrevocable, worldwide, transferable, non-exclusive, royalty free licence to use the Content for display on the App while the listing services are being provided to you under the terms of this Agreement.
  3. The Agent warrants:
  1. they have informed them self of and understand the Terms.
  2. they are authorised to act on behalf of the Agency, including to bind the Agency in relation to the Agreement.
  3. they hold a valid real estate licence.
  4. they will inform them self of any changes to the Terms if bRight Agent change the Terms.
  5. the Content will be true and accurate in all respects at all relevant times; and
  1. they have all necessary right and authority to deal with the Content, and to provide it for use by bRight Agent on the terms set in clause 1 above. 

 

Listing options

  1. Monthly and annual Agent listing options are based on the number of postcodes an Agent wishes to access to obtain leads. (see sample below). 
  2. Please refer to the website for current listing tiers and pricing. 

(EXAMPLE ONLY)

# of Postcodes Agents Selects (tiers) 1 Postcode 3 Postcodes 5 Postcodes 10 Postcodes
Monthly Full Price ($ AUD) 39 99 149 249
Annual Full Price ($ AUD) 468 1188 1788 2988

 

Promotional Offers

  1. From time to time, bRight Agent will run promotional offers to which these Terms and Conditions apply.

        Renewal

  1. All listing subscriptions are automatically renewed. 

 

Payment 

  1. All Marketplace listing subscription payments are
  2. via Google Store, Apple Store, Credit card (Stripe), PayPal and/or other payment methods via 
  3. the bRight Agent App.
  4. Listing fees are exclusive of GST. 
  5. bRight Agent reserves the right to increase subscription fees at any time. 
  6. Fee changes will apply upon renewal. 

Cancelling your bid/account

  1. You may cancel your bid at any time via the bRight Agent App. 
  2. Should you delete your bRight Agent account, any/all of your current bids will be removed from the system immediately. 

 

Your Listing Content

  1. You warrant that you have the right to submit Content including text or images, for listing on the Marketplace and you have been granted the necessary consent by any persons featured (‘model release’) or owners of featured items (‘property release’) in the images.
  2. You warrant that they have the right to use any trademarks contained in your listing and other submissions, including sublicensing rights.
  3. You authorise bRight Agent to reproduce in whole or in part, display and disseminate the Content, including but not limited to any information, details, images, graphics, videos and audio, as well as any comments or submission in performance of this Agreement and the promotion of the App and website. 
  4. You give bRight Agent full permission to post any images or graphics to their social media accounts, crediting your business.
  5. bRight Agent may also provide such Content to its third-party service providers for the same purpose. 
  6. You acknowledge and agree that you are responsible for the accuracy of Content provided to us that represents your listing, maintenance and updating any listings posted. 
  7. Accordingly, you represent and warrant that any listing information provided by you will:
  1. not breach any agreements you have entered into with any third parties, 
  2. comply with all applicable laws, tax requirements, and rules and regulations that may apply to your business (including having all required permits, licenses and registrations),
  3. not conflict with the rights of third parties. 
  1. bRight Agent assumes no responsibility for your compliance with any agreements with or duties to third parties, Applicable laws, rules and regulations. 
  2. bRight Agent may remove or disable your individual bid or access to any listing, for any reason and without notice, including listings considered, in its sole discretion, to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the App or services. 
  3. bRight Agent shall not be responsible for any consequences due to its failure to remove such access. 

Disclaimer

  1. bRight Agent is a Marketplace directory and serves only as the facilitator of connection between the listed Seller, and Real Estate Agent through its role as an advertising and marketing platform.
  2. You understand and agree that bRight Agent does not act as your Agent. 
  3. Any booking of any service requested or made by a Seller using the App or services must not be construed as creating a contract between bRight Agent and your real estate agency, business or organisation. 
  4. Regulating the use of your services with a contract with the Seller (and/or Buyer) remains your responsibility as Agent. 
  5. Bright Agent shall not be a party to any relationship or dealing with you and the Seller (and/or Buyer) arising out of the use of the App. 
  6. bRight Agent holds no responsibility for any legal situations, issues or disputes that may arise between You, the Seller and the Buyer resulting from accessing your services through the bRight Agent App.
  7. bRight Agent makes no representation or warranty regarding the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any services you provide.

Earnings Disclaimer

  1. By providing Content to bRight Agent to use on the App, you will not seek royalties, commissions or financial profits.
  2. You understand that by listing your services on the bRight Agent App, you are not guaranteed sales, bookings, increased profit, business growth or any financial gain or income whatsoever.
  3. We don’t make any commitment that you will receive Leads, or any particular number of Leads, or as to the validity or quality of Leads you may receive. (For the purpose of these Terms, a Lead means any information with respect to a Property, or a Client provided by bRight Agent.).
  4.  You acknowledge the Service is provided on a non-exclusive basis.
  5. bRight Agent holds no responsibility for loss of business, damage to reputation or financial issues resulting from your listing on the App, and you take full responsibility if such circumstances arise.
  6. Real Estate Agents must honour the bids/commissions/fees they put forward subject to certain exceptions such as unrealistic or unique seller expectations. 
  7. Additional marketing/advertising fees on top of the Real Estate Agent’s fees may be charged to meet the Seller’s expectations.
  8. Using the App or website does not constitute or replace the requirement for an Agency agreement between you and the Seller.  

Termination 

Termination by bRight Agent 

  1. bRight Agent may terminate your listing/bid and remove your listing/bid at any time without prior warning if bRight Agent feels that your bid is inappropriate, or your business is no longer fit for the App or if you are in breach of this Agreement. 
  2. At all times, bRight Agent will attempt amicable resolution and communication. However, bRight Agent is not obliged to provide you with reasons for terminating your listing/bid. 
  3. Upon termination of your bid, this Agreement continues to be in force for all previous and future bids. 
  4. Upon termination of your listing, this Agreement will be terminated.

Termination by the Real Estate Agent

  1. You may withdraw your listing and cancel your Agent Profile by providing a notification of cancellation to info@brightagent.com.au or via the ‘Settings / Delete Account’ tab. 
  2. Your subscription fee will be forfeited. 
  3. Your listing/bids and Agent Profile will be removed from the App, and this Agreement will be terminated.

Intellectual property

  1. bRight Agent owns all intellectual property rights in the App and Directory, including information, graphics, design and software, except where the Seller has provided its intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the App. 
  2. You must obtain the permission from the owner of any intellectual property in any third-party material incorporated into a listing before submission of the listing.
  3. You grant bRight Agent a world-wide, royalty-free, irrevocable licence to publish and to sub-license the publication of all material submitted to bRight Agent as part of a listing in any form or medium, including print, online or otherwise. 
  4. You warrant that you are authorised to grant the licence in this clause 9.

Indemnification by the Agent and the Agency

  1. The Real Estate Agent agrees to defend, indemnify and hold harmless bRight Agent, and its respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties, against bRight Agent arising out any connection from:
  1. any content or material the Real Estate Agent submits or provides for inclusion on the App.
  2. any use by the Real Estate Agent of the App.
  3. your dealings with any Sellers or prospective clients and customers. 
  4. any breach of this Agreement on the part of the Real Estate Agent: and
  5. any wrongful, wilful or negligent act or omission of the Agent.
  1. Additionally, the Agency must indemnify those indemnified against any liabilities that may be brought against bRight Agent or which bRight Agent may pay, sustain or incur as a direct or indirect result of any one or more of the following:
  1. any claims brought by or on behalf of any third party relating to information or content (including the Listing Content) provided to bRight Agent by the Agency, the Agent or any Authorised Representative.
  2. without limiting sub-paragraph i) above, any claims alleging misleading or deceptive conduct, misrepresentation, or infringement of any third party’s Intellectual Property Rights relating to information or content (including the Listing Content) provided to bRight Agent by the Agency, the Agent or any Authorised Representative; and
  3. any wrongful, wilful or negligent act or omission of, the Agency, the Agent or any Authorised Representative.

Limitation of liability 

  1. If bRight Agent breaches this Agreement, its total liability will be limited to the amount paid by the Real Estate Agent to bRight Agent in connection with publishing its services on the App or website within the current billing period. 
  2. bRight Agent accepts no liability whatsoever for any claim relating to the Content of your listing on the App or website, your business or property or your dealings with any customers or clients or prospective customers or clients.  
  3. bRight Agent will not be liable for any loss or damage caused by or attributed to any person(s) that engages a service offered by your business in response to a listing on the App or website. 
  4. To the extent permitted by law, we exclude all conditions and warranties relating to the App. 
  5. In particular:
  1. bRight Agent does not make any representations or warranties that the App will be uninterrupted or error-free. 
  2. bRight Agent makes no representation or warranty about the success of the App or the listing of your services.
  3. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply of services or the payment of the cost of having them re-supplied.

Privacy

We value the privacy of all stakeholders and visitors to our App. Your personal information is managed according to our Privacy Policy which can be read in full at brightagent.com.au/privacy

Applicable law

The laws of the State of New South Wales govern this Agreement, and both parties submit to the exclusive jurisdiction of the courts in NSW. 

 

Thank you for reading this document. By proceeding to create an account with bRight Agent, you agree to be bound by the Terms and Conditions of this Listing Agreement.