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Seller Terms & Conditions

 

MARKETPLACE LISTING AGREEMENT

(Seller) 

 

bRight Agent provides a marketplace between Property Owners  (sellers)  and Real Estate Agents (agent) to match properties with buyers across Australia. Sellers can list on the bRight platform to connect with an agent free of charge. 

Our marketplace invites Real Estate Agents to make competitive bids regarding their agent commission and fees to ‘win’ the right to be the marketing agent for the property listing. The Seller chooses between Agent bids and decides on the Agent they wish to engage to represent their property. 

This Listing and User Agreement (Sellers)  (“Agreement”) is between you (the “Seller”) and Bright Ideaz Pty Ltd ABN 66 665 394 472, trading as bRight Agent (the “Marketplace” and the “App”) and contains the terms and conditions of listing your property with bRight Agent. 

By clicking ‘Yes’ in the App to indicate Your acceptance of these Terms, you (the Seller) agree to be bound by the Terms for your property listing. 

In these Terms –

  • the word Agreement refers to the legally binding agreement between bRight Agent and the Seller incorporating these Terms,
  • the work  Agent refers to Real Estate Agent.
  • the word Party refers to bRight Agent or the Seller (as applicable).
  • the word Parties refers to bRight Agent and the Seller.
  • The word Seller refers to the property owner or the property owner’s legal representative
  • the word Property means the property (a) owned by the Seller; or (b) the Seller has legal authority to sell and list on the App. 
  • the words We, Us , and Our refer to bRight Agent.
  • the words You and Your refer to you as the Seller.

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/seller-terms-conditions 

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

TERMS AND CONDITIONS

Seller Requirements

  1. You must be:
  2. 18 years of age or older to use the App; and  
  3. the registered owner of the Property. 
  4. If You are not the registered owner of the Property, You must provide legal documentation in the approved form that You have the authority to sell the Property. 
  5. You must provide accurate details of yourself and the Property you are listing on the App. 

Application for listing

Online listing application form 

  1. All listing applications on bRight Agent are submitted online via the App.
  2. You are required to confirm that you are the authorised Seller of the Property you are listing on bRight Agent.

Account and Password

  1. You will be required to create an account and unique password to access the Marketplace by providing the following information: 
  1. Full Name
  2. Username
  3. Email address
  4. Phone number

Listing content requirements

  1. You will be required to provide listing content including but not limited to:
  1. Property address 
  2. Number of bedrooms 
  3. Number of bathrooms 
  4. Number of car spots 
  5. Images of the Property (minimum 3) 

Consent

  1. You consent to our use of information provided in your listing on the App. 

Password security

  1. You must ensure the security and confidentiality of your registration details, including any username and password by not sharing your password with any other person.
  2. You must notify us immediately if you become aware of any unauthorised use of your registered details.
  3. Information you provide is managed according to our Privacy Policy brightagent.com.au/privacy.

Listing period and managing your listing

Listing period

  1. Your listing application, including listing content, will be listed on the App for a period of up to fifty eight (58) days from the date of posting. 
  2. You will receive a notification confirming that your listing is posted. 

Making changes

  1. You may update your listing to correct any mistakes between 1 – 21 days from the date of posting. 
  2. bRight Agent reserves the right to remove your listing if we deem your listing untruthful or unsuitable for the use of the App.
  3. Where a change to a listing is deemed unsuitable, you will be notified and requested to amend the listing with suggested changes within three (3) business days.
  4. Where suggested changes are not implemented, your listing will be removed, and your account may be deleted from the App. 

Cancelling your listing 

  1. You may cancel your listing at any time via the App or by providing a notification of cancellation to bRight Agent at info@brightagent.com.au. Listings cancelled via email notification may take up to three (3) business days to action.

Connect with Agents

  1. During part of the listing period, Real Estate Agents may bid for commission and fees to sell the Property. 
  2. You may select your preferred Real Estate Agent, and You will be required to provide contact details to the Real Estate Agent:
  1. Phone or email address
  2. Preferred contact time (e.g. 9:30) and time of the day (e.g. AM or PM) 
  1. Once you have successfully connected with a Real Estate Agent, your listing will be removed from the Marketplace. 

Content use and access

You understand and agree

  1. bRight Agent may access your content through the App, and you authorise us to collect, store and use that information and content under our Privacy Policy brightagent.com.au/privacy
  2. We may access images from your listing to promote your Property on our App and social media channels. 

Proprietary rights 

  1. Where you submit any content of any type, including text or images, for listing to our App you undertake that you have the right to do so.
  2. To the extent that your listings and other submissions may contain trademarks, you warrant that they have the right to use them, including sublicensing rights.
  3. You authorise bRight Agent to reproduce, display and disseminate all or part of the content you submit to the App, including but not limited to any information, images, graphics, comments, or submissions, to perform this Agreement and promote the Marketplace and App. 
  4. You give bRight Agent full permission to post any images or graphics to their social media accounts crediting your Property.
  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 content provided to us that represents your listing, maintenance and updating all listings posted. 
  7. Accordingly, you represent and warrant that any listing information provided by you will:
  1. not breach any agreements you have entered with any third parties, 
  2. comply with all applicable laws, tax requirements, and rules and regulations that may apply to your Property (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, without notice, remove or disable any listing for any reason, including listings that bRight Agent, in its sole discretion, considers being objectionable for any reason, in violation of these terms and conditions, or otherwise harmful to the App or services, but shall not be liable for any consequences due to its failure to remove such access.

Intellectual Property

  1. bRight Agent owns all intellectual property rights in the App, 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 and Marketplace. 
  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 Clause 7.3.

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 the bRight Agent does not act as your agent. 
  3. Any engagement of any Real Estate Agent or booking of any service requested or made using the App or services must not and cannot be construed as the creation of a contract between bRight Agent and You. 
  4. Regulating the services in a legal agreement with the Real Estate Agent remains your responsibility. 
  5. bRight Agent shall not be a party to any relationship or dealing with You and the Real Estate Agent arising out of the use of the App. 
  6. bRight Agent holds no responsibility if any legal situations, issues, or dispute that may arise between You and the Real Estate Agent resulting from accessing your services through the App.
  7. bRight Agent makes no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any listings you provide as the Seller, or the Real Estate Agent provides as the Agent.

Earnings Disclaimer

  1. By submitting 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 Property on the App, you are not guaranteed sales or any financial gain whatsoever.
  3. bRight Agent holds no responsibility for damage to reputation or financial issues resulting from your listing on the App, and you take full responsibility if such circumstances were to arise.

Termination 

Termination by bRight Agent 

  1. bRight Agent may terminate your listing and remove your listing from the App at any time without prior warning if bRight Agent feels that your listing is no longer fit for the App or if you are in breach of this Agreement. 
  2. At all times, the bRight Agent will attempt amicable resolution and communication. However, bRight Agent is not obliged to provide you with reasons for terminating your listing. 

Termination by the Seller

  1. You may withdraw your listing and cancel your Seller Profile by deleting your listing in the App (via the Edit/Delete button) or providing an email request to cancel  to info@brightagent.com.au. Please allow for three (3) business days for listings to be deleted via email. 
  2. Your listing and Seller Profile will be removed from the App, and this Agreement will be terminated.

Indemnification 

  1. The Business agrees to defend, indemnify, and hold harmless bRight Agent, and their 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, brought against bRight Agent alleging or arising out of or in connection from:
  1. any content or material You submit or provide for inclusion on the App.
  2. any use by the Seller of the App.
  3. any breach of this Agreement on the part of the Seller. 

Limitation of Liability 

  1. bRight Agent accepts no liability whatsoever relating to the content of your listing on the App, your Property or your dealings with Real Estate Agent.  
  2. bRight Agent will not be liable for any loss or damage caused by or attributed to any person(s) including any Real Estate Agent that engages You in response to a listing on the Marketplace. 
  3. To the extent permitted by law, we exclude all conditions and warranties relating to the App. 
  4. In particular, bRight Agent does not make any representations or warranties that the App will be uninterrupted or error-free. 
  5. Our App may be interrupted at any time or cease operation altogether. 
  6. We may limit, deny, modify, or discontinue the Marketplace and App with or without notice or reason to you at any time.
  7. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained on our App.
  8. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our App. 
  9. Reasonable care has been taken to ensure that all information is accurate and correct; however, we make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency, or functionality of the information available via our App. 
  10. We assume no liability or responsibility for any errors or omissions in the content of our App. 
  11. bRight Agent makes no representation or warranty about the success of the App or likely success of listing of your Property on the Marketplace.
  12. 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 fee paid for your listing.

Complaints 

  1. Please direct complaints about content on our App via the Contact Us page in the App or to info@brightagent.com.au.
  2. Content, graphics, and links provided by Real Estate Agents,  third parties and organisations may be inaccurate or infringe the rights of third parties. 
  3. If you believe any material infringes your rights or those of a third party or is misleading, deceptive, likely to mislead or likely to deceive, please write to us providing the following information:
  4. Evidence of authority to act on behalf of the owner of the copyright interest.
  1. Identification of the copyrighted work that you claim has been infringed upon.
  2. A description of where the material that you claim is infringing is located on the Site.
  3. Your address, telephone number, and email address.
  4. A written statement from you that you believe in good faith that the use of the material in the manner complained of is not authorised by the copyright owner, our agent, or the law.
  5. A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.
  1. Under the Copyright Act 1968, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and legal fees.

Privacy

  1. We value the privacy of all users of our App. Your personal information is managed according to our Privacy Policy which can be read in full at brightagent.com.au/privacy
  2. Our Privacy Policy manages your personal information provided to us during your use of our App and Marketplace. 
  3. We do not disclose the personal information we collect to third parties, including to allow third parties to direct market their products and services unless you agree to us doing so on an “opt-in” basis.
  4. When you access the Marketplace through the App, you are authorising us to collect, store and use that information and content under our Privacy Policy.

Applicable Law

This Agreement is governed by laws of the State of New South Wales, and you submit to the exclusive jurisdiction of the courts in that State. 

 

By proceeding with your application to list your Property with bRight Agent, you agree to be bound by the Terms and Conditions of this Agreement.

Thank you. 

bRight Agent