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EULA

 

END-USER LICENSE AGREEMENT (EULA)

(APP TERMS OF USE)

 

Thank you for choosing Bright Ideaz Pty Ltd ABN 66 665 394 472 trading as bRight Agent. 

bRight Agent is connecting the real estate agents with property owners looking to sell their property. With bRight Agent, real estate agents can bid by offering reduced fees or commission to represent the property and the seller gets to see who provides the best value. 

This End User Licence Agreement is a legally binding agreement between You, the App user and bRight Agent.

Accepting this Agreement binds you to the license terms, and the terms of any other documents referred to in this Agreement, including our Privacy Policy. brightagent.com.au/privacy

By installing and using this bRight Agent App, You accept the following terms. 

If You do not wish to accept the terms, You must immediately cancel the installation of the bRight Agent App. 

We reserve the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms.

Definitions of terms used in this Agreement.

In this Agreement:

  1. Agent means licensed Real Estate Agent 
  2. Agreement means the terms and conditions contained in this Agreement and any additional documents.
  3. Content means data, music, speech or other sounds, text, visual images (animated or otherwise) in any form, or any combination of types as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth), including but not limited to, data files, graphics images, messages, photographs, sounds, videos, written text and any other like materials.
  4. Device means a smartphone or tablet which is capable of operating the bRight Agent.
  5. EULA means the terms and conditions contained in this End User Licence Agreement that governs the right to use the bRight Agent.
  6. Licensed Application means the bRight Agent app.
  7. In-App Purchases mean anything which is purchased through or via the bRight Agent.
  8. Seller means  property owner or person or legal entity legally authorised to list the property for sale.
  9. We, Us and Our (and similar terms) are a reference to bRight Agent and Bright Ideaz Pty Ltd.
  10. User-Generated Content means any Content that is created by You the User for display in the bRight Agent.
  11. You, Your, User (and similar terms) means you, the licensed user of the bRight Agent.

Use of bRight Agent App

    1. Sellers
  1. You must provide a brief description of the property You would like to sell including but not limited to:
  • Name 
  • Email address
  • Phone number
  • Location
  • Number of bedrooms/bathrooms/parking spaces (if any)
  • Photo of the property
  • Market value of the property
  1. Agents
  1. You must provide the following information:
  • Name 
  • Email address
  • Phone number 
  • Agent license number
  • Years of experience
  • Profile picture 
  • Short biography

Subscription fees for real estate agents

    1. Real estate agents are offered with 3 tiers of pricing based on the number of post codes that agents get alerts for.

(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

 

  1. Annual subscriptions may be purchased for only ten (10) times the amount of the monthly price.
  2. We reserve the right to change subscription fees at any time.  Changes in fees will apply from the anniversary date of the subscription.

 

  1. Renewal and cancellation
    1. Your subscription is renewed automatically on the anniversary of your initial payment. 
    2. You may terminate Your subscription at any time by email to brightagentaus@gmail.com or by cancelling your subscription to the App itself via the relevant App store. 
  • You understand that there will be no pro-rata refunds for any unused portion of the subscription paid for. Please refer to Agent Listing Agreement for details of Terms and Conditions that apply to the listing process. brightagent.com.au/agent-terms-conditions

Important Information (Sellers)

  1. The Sellers acceptance of an Agent’s bid does not constitute a signed and legally enforceable Agency Agreement with the Agent. 
  2. An Agency Agreement must be entered into directly with the Agent. 
  3. bRight Agent is not party to any contract, transaction or further communication beyond connecting the parties via the App. 
  4. Please refer to the Sellers Listing Agreement for details of Terms and Conditions that apply to your use of Agents via the App. brightagent.com.au/seller-terms-conditions

Terms of licence

    1. Grant of licence

Subject to Your compliance at all times with the terms of this Agreement and making any required payment to licence the bRight Agent App, We grant You a non-exclusive, non-transferrable licence to use the bRight Agent App on the terms set out in this Agreement. 

  1. Licence to use the Program.
  1. bRight Agent grants You the:
  • non-exclusive
  • non-transferrable}.
  • non-sublicensable; and
  • limited.

right to use the Program on the terms and conditions contained in this Agreement. 

  1. Your acquisition of the licence to use the bRight Agent App, and any required payment, may also be subject to the terms and conditions applicable to the platform on which You acquire the bRight Agent App or the “app store” through which you acquire the bRight Agent.
  1. No reproduction 

You may not reproduce or adapt the bRight Agent App except to the extent expressly permitted by ss 47B (3), 47C, 47D, 47E and 47F of the Copyright Act 1968 (Cth).

  1. Multiple devices

You may install and use the bRight Agent App on multiple devices if allowed by the platform or by the specific app store through which You acquired the bRight Agent.

  1. Termination of licence 

This licence is granted in perpetuity but may be terminated by Us in the following circumstances:

  1. if You are in breach of any term of this Agreement.
  2. if You become the subject of any bankruptcy or insolvency proceedings; or
  3. if You seek a refund of the licence fee paid to acquire the bRight Agent App; or
  4. if you terminate Your subscription with bRight Agent.
  1. Deletion of the bRight Agent App upon termination 

Upon termination, You must permanently delete all copies of the bRight Agent App.

  1. Survival of Rights 

Termination under this clause will not affect any rights or remedies which We may have otherwise under this Agreement or the law.

  1. Responsibility for Others

You are responsible for the actions of any other person who uses Your copy of the bRight Agent.

  1. Patches and updates
  1. We may deploy or provide patches, updates, and modifications to the bRight Agent App that must be installed for you to continue to use it. 
  2. We may update the bRight Agent App remotely, and you grant us Your consent to bRight Agent to deploy such patches, updates and modifications as we determine they are required to for the bRight Agent App to operate.

Your general obligations

You must:

  1. not copy, reproduce, translate, adapt, vary or modify the bRight Agent App without bRight Agent’s express written consent, except as expressly authorised by this Agreement or Pt III Div 4A of the Copyright Act 1968 (Cth).
  2. not do anything which would infringe our copyright in the bRight Agent App, and
  3. consent to Us sending You electronic communications, including emails, SMS messages and push notifications from within the bRight Agent App as reasonably necessary to provide You with the service.
  4. Property sellers must post descriptions of their properties as accurately as possible.
  5. Real estate agents must adhere to fees and commissions offered to the property sellers as at the time of bidding.
  6. You must flag all complaints through the bRight Agent App.

User-Generated Content

  1. Content uploaded to the bRight App.
    1. We do not claim ownership of any User-Generated Content that You submit to or make available using the bRight Agent App.
    2. By submitting User Generated Content to the bRight Agent App, You are granting Us a perpetual, irrevocable licence to redistribute the Content as We reasonably determine. 
  2. Moderation of Content

You expressly authorise Us to remove or delete any User-Generated Content that You have authorised Us to disseminate if We deem it unsuitable for any reason whatsoever.

  1. Copyright take-down procedure

We take all reasonable steps to be aware of User Generated Content submitted by Users.

  1. We commit to taking steps to remove all User Generated Content as soon as practical after We are notified that such Content may be a breach of copyright or other intellectual property rights, is defamatory, or otherwise claimed to be illegal.
  2. To notify Us of a claimed infringement of copyright, please send a notification to info@brightagent.com.au that includes the following information:
    1. the Content in which copyright is claimed.
    2. information about the complaining party (Complainant), including for example:
    3. address.
    4. telephone number; and
    5. email address.
    6. an electronic or physical signature of the copyright owner or authorised agent of the copyright owner of the allegedly infringing material.
    7. a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, agent or the law; and
    8. a statement that the information in the notification is accurate and, under penalty of perjury, that the Complainant is authorised to act on behalf of the copyright owner.
  1. Content updates, reviews and expiry
    1. Content is added, updated and reviewed daily. 
    2. All listings are removed after ninety (90) days from posting.

Third-party software

    1. We may obtain information from and send information to third-party software that You authorise Us to collect and disseminate through Your device or via the bRight Agent App.
    2. By using the bRight Agent App, You authorise Us to obtain information from and send information to the respective third party which you have authorised.
    3. Data Integration
  1. If a web interface is made available to users of the bRight Agent App, You authorise Us to send data to that web bRight Agent application that is necessary for Us to provide the services associated with the bRight Agent App.
  2. We will provide you with access to that web interface as required.
  • bRight Agent In-App Purchases
  1. The bRight Agent App may offer Content, services or functionality for use within the App that is available in exchange for the payment of an amount of money. 
  2. bRight Agent App Purchases that are consumed during the use of the bRight Agent App cannot be transferred among devices and can only be downloaded once.
  3. You must authenticate your account before making bRight Agent App Purchases, separate from any authentication to obtain other Content. 
  4. Refund Policy

All bRight Agent App Purchases are final and subject to all bRight Agent App applicable Australian laws, non-refundable. 

Privacy and personal information

      1. By installing the bRight Agent App, You acknowledge that You may provide Us with, or We may otherwise obtain, personal information about You. 
      2. You further agree that Our use of Your personal information will be in accordance with the terms of our Privacy Policy. brightagent.com.au/privacy

Liability

    1. Disclaimer of warranties

You expressly acknowledge and agree that to the maximum extent permitted by law: 

  1. Your use of bRight Agent App is at Your sole risk. 
  2. The bRight Agent App is provided on an “as is” and “as available” basis. 
  3. We and Our officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  4. We make no warranty that:
  1. the bRight Agent App will meet Your requirements or expectations.
  2. Your access to, and use of, the bRight Agent App will be uninterrupted, timely, secure, or error-free; and
  3. any features of the bRight Agent App which require services provided by third parties (such as integration with Dropbox or YouTube) will be available on an ongoing basis.
  1. no advice or information, whether oral or written, obtained by You from Us through or from the bRight Agent App or Our website creates any warranty not expressly stated in this Agreement.
  1. Limitation of liability
  1. Except for certain consumer guarantees which bRight Agent comes under the Australian Consumer Law (ACL), We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, about bRight Agent App. 
  2. Subject to any claims available under the ACL, We and Our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however, suffered or sustained in connection with:
    1. any inaccurate or incorrect information provided on the bRight Agent App. 
    2. Your use of the bRight Agent App. 
    3. any failure or delay including, but not limited to, the use or inability to use the bRight Agent App. 
    4. any interference with or damage to Your computer systems which occurs in connection with use of the bRight Agent App; or 
    5. the cost of procurement of substitute goods and services to the bRight Agent App.
  3. For claims that cannot be excluded or restricted under the ACL, Our liability for such a claim will (at Our option and to the extent permitted by law) be limited to: 
    1. in the case of goods repairing or replacing those goods; or
    2. paying the cost of having those goods repaired or replaced, and
    3. if the breach relates to services: 
      1. resupplying those or equivalent services, or
      2. paying the cost of having those services resupplied.

Indemnity

  1. You must indemnify, defend and hold harmless Us and Our officers, employees, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:
    1. Your breach of this Agreement; any content You create or disseminate using the bRight Agent App.
    2. Your negligent acts or omissions. 
    3. Your actual or alleged breach of any law, legislation, regulation, by-law or code of conduct; or
    4. any claims brought by or on behalf of a third party relating to any act or omission by You, including infringement of a third party’s copyright or trademark.

Google Play platform

    1. Application
  1. This clause 10 applies if You have obtained the bRight Agent App through the Google Play platform (Google Play). 
  2. In a conflict between a clause 10 provision and any other provision of this Agreement, the provision of clause 10 will prevail.
  1. Acknowledgement

You and We acknowledge that this Agreement is between You and Us, and not with Google, and We, not Google, are responsible for the bRight Agent App and the Content of bRight Agent.

  1. IP rights

You and We acknowledge that, in the event of any third-party claim that the bRight Agent App or Your possession and use of the bRight Agent App infringes that third party’s intellectual property rights, We, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  1. Product claims

You and We acknowledge that We, not Google, are responsible for addressing any claims of You or any third party relating to the bRight Agent App or the end-user’s possession and/or use of that bRight Agent, including, but not limited to: 

  1. product liability claims. 
  2. any claim that the bRight Agent App fails to conform to any bRight Agent applicable legal or regulatory requirement; and 
  3. claims arising under consumer protection or similar legislation.
  1. Support
  1. We are solely responsible for maintenance and support services for the bRight Agent App, if required by bRight Agent applicable law. 
  2. You and We acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the bRight Agent App.
  1. Warranty

We and not Google are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by this Agreement. 

  1. Free Download

bRight Agent App is free to download. 

  1. Reinstalls
  1. You are entitled to unlimited reinstalls of the bRight Agent App (Reinstall Right).
  2. Notwithstanding clause 10.8.1, in the event that the bRight Agent App is removed from Google Play due to an allegation of:
    1. intellectual property infringement.
    2. defamation.
    3. violation, or the actual violation of a third party’s right of publicity and privacy; or
    4. the bRight Agent App does not comply with law, or any determination that the bRight Agent App does not comply with the law.
  3. Your Reinstall Right will not apply to bRight Agent. 
  4. You acknowledge and agree that if You are unable to exercise your Reinstall Right pursuant to clause 10.8.2, to the fullest extent permissible by law, We have no liability to You.

iOS platform

    1. Application
  1. This section 11 bRight Agent applies if You have obtained bRight Agent App through the Apple AppStore™. 
  2. In the event of a conflict between a provision of this section 11 and any other provision of this Agreement, the provision of this section will prevail.
  1. Acknowledgement

You and We acknowledge that this Agreement is between You and Us, and not with Apple, and We, not Apple, are responsible for the bRight Agent App and the Content of the bRight Agent.

  1. Scope of licence
  1. Your licence to use the bRight Agent App is a non-transferable licence to use the bRight Agent App on any iPhone, iPod Touch or other Apple iOS device that You own or control, as permitted by the Usage Rules contained in the AppStore Terms of Service (AppStore TOS). 
  2. If any provision of this Agreement provides less restrictive rules for the bRight Agent App than the Usage Rules for Licensed Application contained in the AppStore TOS or conflict with the AppStore TOS, the terms in the AppStore TOS prevail, and this Agreement is modified to the extent of any inconsistency.
  1. Support
  1. bRight Agent is solely responsible for maintenance and support services for the bRight Agent if required by applicable law. 
  2. You and We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the bRight Agent.
  1. Warranty
  1. bRight Agent and not Apple is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by this Agreement. 
  2. In the event of any failure of the bRight Agent App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price to the App. 
  3. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the bRight Agent App.
  1. Product claims

You and We acknowledge that We, not Apple, are responsible for addressing any claims of You or any third party relating to the bRight Agent App or the end-user’s possession and use of that bRight Agent, including, but not limited to: 

  1. product liability claims. 
  2. any claim that the bRight Agent App fails to conform to any applicable legal or regulatory requirement; and 
  3. claims arising under consumer protection or similar legislation.
  1. IP rights

Both You and bRight Agent acknowledge that, in the event of any third-party claim that bRight Agent App or Your possession and use of the bRight Agent App infringes that third party’s intellectual property rights, bRight Agent, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  1. Legal compliance

You represent and warrant that:

  1. You are not located in a country that is subject to a U.S. Government embargo, or the U.S. Government has designated that as a “terrorist supporting” country; and 
  2. You are not listed on any U.S. Government list of prohibited or restricted parties.
  1. Third-Party Beneficiary

You and bRight Agent acknowledge and agree: 

  1. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and 
  2. Upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third-party beneficiary of this Agreement.

General provisions

    1. Termination
  1. The Terms and Conditions are effective until terminated by us. 
  2. We may terminate this Agreement and your access to the bRight Agent App at any time without notice. 
  3. ln the event of termination, you are no longer authorised to access the App. 
  4. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions of this Agreement will survive termination.
  1. Governing Law
  1. The Terms and Conditions are governed by and construed under the laws of the State of New South Wales, Australia. 
  2. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Supreme Court of New South Wales and the Federal Court of Australia.
  1. Severability

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. 

 

Contact details

You may contact Us using the following information:

Bright Ideaz Pty Ltd

Email address:  info@brightagent.com.au