REIP Portal Terms of Use

Welcome to the REIP Portal, operated and licensed by Real Estate Industry Partners Pty Ltd ACN 166 657 218 www.reip.com.au (us, we, our).

These Terms and Conditions apply to the uploading and display advertising of unlimited, free Listings (all types) on REIP Portal. Your access to and use of the REIP Portal is strictly in accordance with these Terms. You agree to comply with these Terms when accessing and/or using the REIP Portal and your use of the REIP Portal constitutes your acceptance of these Terms.

Please read these Terms carefully. If you have any questions, please contact our Support Team at support@reip.com.au

1. Access to the REIP Portal

   1. We grant you a non-exclusive, royalty-free, revocable, non-transferable licence to use the REIP Portal in accordance with the Terms. The licence is personal to you. Use of the REIP Portal is free of charge and as such we recommend you default upload all your listings to REIP Portal via your Uploader/CRM.

   2. Your access to REIP Portal is subject to you at all times being a licensed real estate agent in the relevant jurisdiction from which you conduct your business. We may revoke your access should you no longer hold the necessary licence required to operate as a real estate agent.

   3. You give us permission to use your agency and/or your name, details and any/all listings information or data you upload on the REIP Portal, without any compensation to you. For the avoidance of any doubt, you acknowledge and agree that any information or data you provide may be used by us or may be provided to our authorised third parties (whether provided free of charge or by way of commercial benefit to REIP) in respect of the following purposes, including but not limited to:

   1. To enable us to provide the services under the Terms;
   2. To perform administrative or operational functions in respect of the REIP Portal;
   3. To increase free exposure and advertising benefits for REIP members;
   4. To procure goods and/or services for the benefit of REIP members;
   5. To provide to REIP members free or low-cost data products from REIP Nexus as an official REIP joint venture partner; and
   6. For any other purpose as determined by REIP, with the intent being to maximise benefits to REIP members.
   
   

   4. You agree to provide accurate, current and complete information at all times when using REIP Portal.

   5. You are solely responsible for:

   1. maintaining the confidentiality of your password; and
   2. all activities that happen under your profile.

   If you think someone has gained access to your password or profile, please contact our Support Team immediately via support@reip.com.au

   6. You must not create and/or maintain more than one profile.

   7. You may promote the REIP Portal to your staff, customers and prospects, including on your marketing materials and websites. You may contact us for co-branding and marketing advice via support@reip.com.au

2. Using the REIP Portal

   1. You warrant to us that:

   1. you have legal capacity to enter into these Terms and form a contract with us; and
   2. you have read and understood the Terms before using the REIP Portal.
   
   

   2. You agree you will only use the REIP Portal in a manner consistent with the nature and purpose of the REIP Portal. In doing so, you agree:

   1. That you are responsible for uploading, updating and removing all Listings and all other information you use the REIP Portal for;
   2. To ensure that all information is complete and accurate at all times;
   3. That we have the absolute discretion to decide the format in which the Listings will be published on the REIP Portal including but not limited to the size and appearance of your business name, contact details, trademarks, logos and designs.
   4. Not to violate any laws;
   5. Not to engage in behaviour that could reasonably be considered to be threatening, abusive, discriminatory, defamatory, obscene, indecent, false or misleading;
   6. Not to impersonate any person or entity or post any images of another person without that other person’s permission;
   7. Not to do any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
   8. Not to post any content that violates or infringes upon anyone’s rights, is considered hate speech, promotes racism, is threatening, sexually explicit or pornographic; incites violence, contains nudity or graphic violence or anything else that is considered to be morally inappropriate;
   9. Not to distribute spam, chain letters, or pyramid schemes;
   10. Not to use the REIP Portal in any way that could interfere with, disrupt or negatively affect the operation of the REIP Portal or the servers or networks connected to the REIP Portal;
   11. Not to knowingly upload viruses or other disabling or malicious code, or take other actions that may damage or interfere with the REIP Portal, including through the use of trojan horses, viruses, or piracy or programming routines;
   12. Not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the REIP Portal without our prior consent;
   13. Not to “frame” or “mirror” any part of the REIP Portal without our prior written authorisation;
   14. Not to use or develop any third-party applications that interact with the REIP Portal or other users’ content or information without our consent;
   15. Not to harvest or otherwise collect information about others, including email addresses, names, photographs or performance information, without our consent;
   16. Not to use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the REIP Portal;
   17. Not to use meta tags or code or other devices containing any reference to REIP or the REIP Portal (including any trademark, trade name, service mark, logo or slogan) to direct any person to any other website for any purpose;
   18. Not to copy, modify or distribute any other user’s content without that user’s consent;
   19. Not to infringe any third party right;
   20. Not to express or imply that any statements you make are endorsed by us;
   21. Not to tamper, hinder, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the REIP Portal, or cause others to do so;
   22. Not to bypass measures used to prevent or restrict access to the REIP Portal;
   23. Not to create another profile if we have already cancelled, suspended, withdrawn or otherwise terminated your account, unless you have our permission;
   24. Not to engage in behaviour that would bring us or any member of REIP into disrepute; or
   25. Not to encourage behaviour or promote activity that violates these Terms.
   
   

   3. Please report problems, offensive content and breaches of these Terms to us via support@reip.com.au

3. Abusing the Services

   1. We reserve the right to investigate, cancel, suspend, withdraw access and/or terminate your account if you violate these Terms, misuse the REIP Portal or behave in a way that is inappropriate or unlawful.

   2. Without limitation to any other remedy that may be available, we may issue warnings, cancel, suspend or withdraw access to the REIP Portal, remove hosted content and take technical and legal steps to keep you off the REIP Portal if we think you are creating problems or are acting in any way that is, or may be in breach of these Terms, or that is inconsistent with the intended operation of the REIP Portal.

   3. You are responsible for all information and data that you directly or indirectly upload to the REIP Portal and any consequence/s that may result from your actions when using the REIP Portal. In our absolute discretion, we can refuse, delete or take down content that we think is inappropriate or that we believe breaches or may breach these Terms.

   4. We do not accept any liability for monitoring the REIP Portal for unauthorised or illegal use. You accept that the REIP Portal is not under any obligation to monitor any data or content which is submitted to or available on the REIP Portal.

   5. We reserve our rights entirely to restrict your usage of the REIP Portal either temporarily or permanently or refuse your profile registration.

4. Modifying the REIP Portal

   We are always striving to improve the REIP Portal including by introducing new modules, functionality, features or enhancements. We may also remove some features from time to time. During an update we may suspend access to the REIP Portal entirely. You acknowledge that if your access to the REIP Portal is suspended for any period of time, you will not be entitled to any compensation or damages.

5. Delays and outages

   1. We are not responsible for any delays, outages or interruptions to the REIP Portal. We will use our best endeavours to minimise delays, outages or interruptions.

   2. We cannot warrant that the REIP Portal will be available at all times or at any given time.

   3. We may at any time and without notice to you, discontinue the REIP Portal in whole or in part. We are not responsible for any loss, cost, damages or liability that may result from our discontinuance of the REIP Portal.

6. Content

   When you provide us with content (whether directly or indirectly), including but not limited to Listings, images, recordings or any other media, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, whether now known or to be discovered in the future. You also waive all moral rights you have in the content to the fullest extent permitted by law. In addition, you consent to us using such content as set out in these Terms.

7. Copyright and intellectual property rights

   The REIP Portal contains materials which are owned by or licensed to us, including without limitation, trademarks, trade names, software, content, design, images, graphics and the general appearance, layout and look. We (or a related entity of us) own or have been licensed the copyright which includes all creative and literacy works displayed in the REIP Portal. You agree that we own (or have been licensed) all intellectual property rights in the REIP Portal and that nothing in these Terms constitutes a transfer of any of those rights. Your use of the REIP Portal does not grant you a licence to, or act as a right to, use any of the intellectual property without our express written consent. However, we do grant you a licence to access and use the REIP Portal for its intended purpose in accordance with these Terms.

8. Reporting Intellectual Property Infringements

   1. You must not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark.

   2. We can remove content where we have grounds for suspecting the violation of these Terms, our policies or of any party’s rights.

9. Privacy

   1. Where you provide us with personal information or personal data, you:

   1. agree to the terms of our Privacy Policy;
   2. consent to the terms of our Privacy Policy being incorporated into these Terms; and
   3. provide that information to us for the purposes set out in these Terms, for purposes otherwise set out in our Privacy Policy and for any other purpose to which you have consented.
   
   

   2. Where you provide us information or data that is about a person other than you, you warrant that:

   1. you hold the other person’s consent to collect, use and/or disclose their information or data for purposes set out in these Terms, for purposes otherwise set out in our Privacy Policy and for any other purpose to which they have consented; and
   2. all the information or data provided is accurate and complete.
   
   

   3. Our Privacy Policy explains:

   1. how we store and use, and how you may access and correct your personal information;
   2. how you can lodge a complaint regarding the handling of your personal information; and
   3. how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact our Support Team.
   
   

   4. In addition to the purposes set out in our Privacy Policy we may collect, use and disclose your personal information for all purposes relating to delivering the objectives and functionality of the REIP Portal. This includes disclosures to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law.

10. Published information

    1. We may publish information on the REIP Portal that you may access. This information may include statements, articles, opinions or documents. It does not take into account your specific needs, objectives or circumstances, may not be current and it is not advice.

    2. The REIP Portal may also contain third party information. In addition, we may disclose any information you upload to third parties in accordance with these Terms. We do not control, recommend, endorse, sponsor or approve third party information.

    3. Any reliance you place on the information we or third parties provide is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate to do so in your circumstances, carry out your own research and due diligence, and seek professional advice where necessary.

11. Third party links and website

    The REIP Portal may contain links to websites or applications owned by third parties. We do not control, recommend, endorse, sponsor or approve third party websites or applications, including any information, products or services mentioned or promoted on those applications. We recommend you make your own investigations with respect to third party websites and applications.

12. Safety

    1. Although the REIP Portal strives to encourage a respectful user experience, we are not responsible for the conduct of any user on the REIP Portal.

    2. You must use caution in all interactions with other users.

13. Termination of Terms

    These Terms are effective until terminated by us, which we may do at any time and without notice to you. If these terms are terminated, all limitations of liability and restrictions in these Terms intended to survive termination, will continue to survive.

14. Dispute resolution process

    You agree to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms or the REIP Portal, prior to resorting to an external dispute resolution process. Please notify our Support Team in writing of any dispute you may have.

15. General

    1. The Terms and our Privacy Policy set out the entire agreement between you and us in relation to your access to and use of the REIP Portal and override any prior agreements.

    2. These Terms are governed by the laws of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the Courts of Queensland, Australia.

    3. We make no representation or warranty as to the compliance of the REIP Portal with laws (including intellectual property laws) of any country outside Australia or New Zealand. If you access the REIP Portal from outside of Australia or New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the REIP Portal.

    4. If we do not enforce a provision of these Terms, we are not waiving our right to rely on that provision in the future.

    5. If a provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then that provision will not apply to that jurisdiction, without affecting the enforceability of the other provision of these Terms.

    6. Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

    7. We may update and amend these Terms from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, or changes in our business practices. You should regularly check these Terms to ensure you are aware of any changes, and only continue to use the REIP Portal if you accept and comply with the new Terms.

16. Indemnification

    You indemnify and hold us, our affiliates and our and their respective officers, directors, agents and employees (each an Indemnified Party) harmless from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the REIP Portal, any alleged violation by you of these Terms, any alleged violation by you of any applicable law or regulation, or any wilful, unlawful or negligent act or omission by you. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.

17. Limitation of liability

    1. To the extent permitted by law, we (including our affiliates, employees, licensors or service providers) will not be liable for any loss, damage, cost or expense, whether direct, indirect, incidental, special and/or consequential including without limitation loss of profits or any loss of data, use, goodwill, other intangible losses, damage to hardware resulting from:

    1. your access to or use (including inability to use) of the REIP Portal;
    2. the conduct or content of other users; and
    3. unauthorised access, use or alteration of your content.
    
    

    2. We will not be liable for failing to perform our obligations under these Terms because of circumstances outside our control, or for failure of our systems or for failure of a supplier.

    3. To the extent permitted by law, we make no representation, guarantee or warranty other than those set out in these Terms (if any) or as required by consumer law.

    4. By using the REIP Portal you agree that all exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, then you must not use the REIP Portal.

18. Disclaimers

    1. We provide the REIP Portal on an “as is, as available” basis.

    2. We do not represent or warrant that:

    1. the REIP Portal will be delivered uninterrupted, secure or error free;
    2. any defects or errors in the REIP Portal will be corrected; or
    3. that any content or information you obtain on or through the REIP Portal will be accurate or will be free of any bugs or viruses.
    
    

    3. We take no responsibility for any content that you or another user or third party posts, sends or receives through the REIP Portal. We make no representation that the server that stores and transmits material is free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the REIP Portal is accessed at your own discretion and risk.

    4. We disclaim and take no responsibility for any conduct of you or any other user on the REIP Portal.

19. Definitions

    In these terms of use:

    1. REIP Portal means the services, applications and tools associated with the REIP Portal.

    2. Privacy Policy means the policy at https://portal.reip.com.au/privacy/

    3. Support Team means our representatives to be contacted via support@reip.com.au.

    4. Terms means these terms of use, our Privacy Policy and all policies posted at https://portal.reip.com.au/

You may contact us via support@reip.com.au regarding free REIP membership, use of the free REIP Portal, REIP Nexus and associated products, or any aspect of these Terms of Use.