Terms & Conditions
1. ABOUT THIS AGREEMENT
1.1. This Agreement comprises the following parts:
(a) the electronic application form for the Services available on the online agent portal (Application Form);
(b) these terms and conditions (as amended by
(c) the general Terms and Conditions of Use for the Website located at https://www.hibrokers.com/about-us/terms-and-conditions/ (as amended by HiBrokers from time to time); and
(d) any other document provided to you by
1.2. If there is an inconsistency in a provision in the parts of this Agreement, then the provision in the part that is listed higher in clause 1.1 prevails to the extent of the inconsistency, unless otherwise indicated in this Agreement.
2.1. The Services provide you with the functionality and platform to enable you to list your properties for sale or lease on the website located at www.hibrokers.com Please note that the features and functionality that may be available as part of the Services or that are available on the Website may be different depending on the device or application used to access the Services or the Website (eg desktop vs mobile).
2.2. You may apply for a Service through the Application Form.
2.3. You acknowledge that your real estate listings software provider may take all action necessary for your listings to be transferred to
2.4. If Hibrokers
2.5. A Service does not include: (a) back up services; (b)
3. Hibrokers ’ COMMITMENT TO YOU
3.2. Hibrokers does not guarantee, represent or warrant that:
(a) you or users of the Website will have continuous access to the Website;
(b) the Services will be complete or free from all viruses, defects or errors. You acknowledge and agree that the existence of any defects or errors in a Service does not constitute a breach of any agreement between you and
(c) any information supplied or accessed using a Service is correct and complete or sufficient for your intended use.
4. YOUR COMMITMENT TO Hibrokers
4.1. You are solely responsible for:
(a) obtaining any telecommunication services and infrastructures (including Internet access) required to access and use the Services; and
(b) ensuring that any communications through the Internet (including emails) is appropriately secured in transit and during delivery of such communications.
4.2. In using the Service, you must:
(a) ensure the Submitted Materials are provided in the form required by
(b) only submit material to Hibrokers by a method pre-approved by
(c) comply with all policies specified or otherwise notified by
Hibrokers to provide a Service;
(f) provide and update from time to time all hardware and software necessary to use a Service;
(g) train your personnel in relation to the use of a Service and ensure your personnel comply with this Agreement;
(h) pay any telecommunication charges incurred by you; and
(i) assess the accuracy, reliability and completeness of any information obtained through a Service.
4.3. You must not:
(a) use a Service for any purpose other than those purposes outlined in this Agreement;
(b) do anything which impairs the lawful use of a Service by any person;
(c) use or provide any materials or information provided by
Hibrokers to you in connection with a Service to any other person without
Hibrokers ’ prior written consent (which may be given or withheld at its discretion);
(d) distribute, rent, lease, sell or re-sell, charge, sub-license, assign, transfer or otherwise deal with the Service;
(e) insert any tag, code, cookie or other data tracking or collection device in an advertisement for the purpose of re-targeting
(f) link, pool, correlate, resell, transfer, disclose or make available any advertising statistics the result of displaying the creative on Hibrokers for the purposes of behavioral targeting or
Hibrokers network without
(g) introduce or use any device, software or routine that interferes or attempts to interfere with the operation of a Service including but not limited to any device intended to copy any information published by
Hibrokers including any listing;
(h) create or otherwise produce either directly or indirectly or wholly or partly any database which is substantially comprised of any information published by
(i) intentionally withdraw and relist listings with a view of influencing the search results available on the Website.
4.4. You warrant to Hibrokers that:
(a) you have obtained and will maintain all licences, permits, approvals and consents necessary to enable you to operate as a real estate agent, property developer or builder and that are otherwise required for your business and its operations;
(b) all Submitted Material, whether for the purposes of publication or not:
(i) is accurate and complies with all relevant laws;
(ii) does not infringe any person’s rights (including intellectual property rights), and that the use of all Submitted Material does not and will not infringe any person’s rights (including intellectual property rights);
(iii) is not illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
(iv) is not misleading or deceptive or likely to mislead or deceive; or
(v) not comprised of anything which may adversely reflect in the Website or any website on which the information is published; and
(c) you will comply with all applicable laws in relation to your use of the Service, including all laws in relation to handling and use of personal information.
4.5. You are solely responsible for ensuring that Hibrokers has your correct contact details to enable Hibrokers to provide you with the Services. You agree that Hibrokers may use personal information provided by you or otherwise collected by us, directly or indirectly, from you in accordance with
5. SPECIFIC TERMS RELATING TO LISTINGS
5.1. In using the Service, you must:
(a) only list real property for sale or lease;
(b) only list properties which are presently available for sale or lease and which you have been authorised to market for sale or lease;
(c) not include any promotional web addresses or other promotional material that is not directly related to your listing and your services to lease and sale the property that is the subject of that listing;
(d) not include any information that relates to a business or service that directly or indirectly competes with
(e) ensure that any Submitted Material in respect of a property, accurately represents the property in question and is free from borders, watermarks (unless otherwise allowed as an exception by
(f) accurately indicate the location of the property being listed;;
(g) immediately remove any properties which are no longer for sale or lease (for example properties which have been sold, leased or withdrawn from the market);
(h) only list each property for sale or lease once on the Service;
(i) provide to
(j) ensure that you only list sale and rental listings for which you have been appointed by a vendor or lessor to sell and rent the relevant property; and
(k) only list one listing per property lot address.
6. MINIMUM INFORMATION
6.1. The following information is the minimum information which you must submit to
(a) street address;
(b) property type (e.g. house, apartment);
(e) number of bedrooms (except for vacant land);
(f) number of bathrooms (except for vacant land);
(g) number of car spaces (except for vacant land);
(h) images (minimum of 1);
(i) display price (may be numeric value or text, eg POA); and
(j) status (e.g. current, sold, leased, withdrawn).
6.2. Where you do not provide, or
7. PROPERTY LISTING GUIDELINES
7.2. As at the date of this Agreement, information that Hibrokers uses to determine the search results includes:
(a) the provided values, property type, property attributions and relevant third party data and sources; and
(b) for determining search results around price or price refinement, the search values that are provided within the XML feed or within the
Hibrokers agent dashboard separate to the advertised price.
8. SPECIFIC TERMS RELATING TO LEADS
8.1. You acknowledge and agree that:
8.2. You must:
(a) provide a valid email address in respect of each listing to which leads should be sent by
(b) ensure that all leads are handled by a suitably trained person in a professional and expeditious manner; and
(c) not sell, assign or otherwise provide whether electronically or otherwise any lead (or information derived from a lead) to any person.
8.3. You acknowledge that:
(c) in order to accurately record the number of leads delivered for each listing, Hibrokers retains sole control over the contact details provided by you, and you will not attempt to include any
9. SUBMITTED MATERIALS AND MONITORING OF CONTENT
9.1. By uploading Submitted Materials you automatically grant (or warrant that the owner of such material expressly grants) to
(a) performing its obligations pursuant to this Agreement;
(b) publishing the Submitted Materials and any information included in a listing on the Website (including any websites owned or operated by
(c) creating statistics, databases and compilations for use by Hibrokers and third parties, provided that
(d) sub-licensing your subscription information to a third party with whom
Hibrokers has a license agreement limited to the use of your subscription information as part of a real estate related application service. Such license shall apply with respect to any form, media or technology now known or later developed.
9.2. Without limiting the foregoing, you agree that Submitted Materials may be used by
9.3. You warrant that:
(b) in relation to moral rights, you have obtained all necessary consents which will allow
9.5. Despite any other provision to the contrary,
(a) publish and/or communicate to the public any materials (including Submitted Materials), including where you have breached this Agreement;
(b) determine the timing of publication of the Submitted Materials;
(c) take and exercise sole editorial control (including placement of watermarks) in relation to all Submitted Materials (including listings) to be published on the Website or otherwise in connection with the Services; and
(d) take down, remove or otherwise cease publishing and communicating to the public any materials (including Submitted Materials).
9.6. Notwithstanding clause 9.5,
9.7. You waive any moral rights you may have in relation to the Submitted Material. You agree to any act or omission by
9.8. You acknowledge and agree that Hibrokers :
(a) is not responsible for any aspect of your or any third party’s website(s), including the currency, accuracy or otherwise of any information or data on those websites; and
Hibrokers strongly recommends that you keep a permanent record of all information and data which relates to you.
10. CONFIDENTIALITY AND PRIVACY
10.1. Each party acknowledges and agrees that Hibrokers ’ Confidential Information includes: (a) the provisions of this Agreement; and (b) all information provided by Hibrokers to you under this Agreement, including
Hibrokers ’ technical, operational, and commercial information in relation to the supply of Services.
10.2. A party must not disclose the other party’s Confidential Information to any person except:
(a) to its professional advisers and its personnel on a “need to know” basis, but only if those persons have agreed to keep the Confidential Information confidential in accordance with the terms of this Agreement;
(b) with the other party’s prior written consent, but only to the extent that such consent is given;
(c) if required by law, or any regulatory authority or stock exchange, but only to the minimum extent required to satisfy the law or rules of the regulatory authority or stock exchange; or
(d) if it is in the public domain, other than as a result of a breach of this Agreement by the recipient (with the “recipient” being the party receiving the Confidential Information from the party disclosing it).
10.3. You acknowledge and agree that:
(a) you must ensure that you do not, and do not allow any other person (including your users) to access or use the Services in a manner contrary to the requirements of any laws;
(b) you are solely responsible for obtaining all necessary consent with respect to the collection, use, access, disclosure and storage of personal information (including sensitive information) in relation to your access or use of the Services; and
(c) you will ensure that any person whose information is disclosed to
10.4. You agree that
Hibrokers account information, including user identification details and password information. You agree: (a) to immediately change any account information if the security of the account has been compromised in any way; and (b) that you are responsible for all transactions entered under your account, including all use of your user identification details or passwords.
11. Hibrokers ’ LIABILITY TO YOU
11.1. Other than as set out in this
11.2. Nothing in this Agreement excludes or restricts any obligation arising under the Australian Consumer Law.
11.3. Subject to clause 11.4:
(a) to the extent that any liability may not lawfully be excluded but may be limited,
(b) subject to paragraph (a) above and only where
Hibrokers ’ liability for all claims or causes of action in the aggregate is limited, in respect of all claims or causes of action, to the sum of Fees paid or payable in respect of the Services to which the claim or cause of action relates.
11.4. In no event will
11.5. The parties agree that the time within any claim or cause of action may be brought arising out of or in connection with this Agreement (other than for a failure to pay any Fees) is limited to 3 months from the date the claim or cause of action arose or the date on which the claim or cause of action should reasonably have been discovered.
11.6. For the purposes of this clause, the term
11.7. Notwithstanding any other provision of this Agreement,
11.8. You indemnify Hibrokers , its officers, agents and contractors against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of any deliberate, unlawful or negligent act or omission by you.
11.9. This clause 11 survives the expiry and termination (for any reason) of this Agreement.
12. SUSPENSION OF THE SERVICE
(a) without notice to you:
(i) in the event of an emergency;
(ii) if the supply or use of a Service is, or is likely to become, unlawful; or
(iii) if, in
(b) by notice to you:
(i) if you do not pay any amounts due for that Service on time;
(ii) if your use of a Service interferes (or may interfere) with the Website, and you fail to rectify the situation; or
(iii) if an administrator, receiver, liquidator or provisional liquidator is appointed to you, or you resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors, or you are otherwise unable to pay your debts when they are due.
13. TERMINATION OF THIS AGREEMENT
(a) fail to pay the Fees or any other fees or charges under this Agreement by the due date for payment;
(b) breach any provision of this Agreement that is not capable of remedy;
(c) breach any provision of this Agreement that is capable of remedy and you fail to remedy such breach with 14 days’ of
(d) assign or purport to assign this Agreement; or
(e) are or become insolvent.
(a) in relation to international listing syndication, any agreement between
Hibrokers and a third party to provide, share or distribute listings terminates or expires; or
(b) Hibrokers ceases to operate the relevant Service for any reason.
13.3. You may cancel a Service or terminate this Agreement on 10 days’ written notice to
13.4. On the termination of this Agreement:
(a) you must pay all outstanding fees to Hibrokers ;
(b) you must return or destroy (at Hibrokers ’ option) all Hibrokers intellectual property in your possession or control including but not limited to any application files; and
13.5. Termination of this Agreement will not prejudice any accrued rights or liabilities of a party.
14. INTELLECTUAL PROPERTY RIGHTS
14.1. Nothing in this Agreement transfers ownership
14.2. All intellectual property rights in a Service and all information generated, compiled, arranged, stored or otherwise developed by
Hibrokers , including any listing, belong to
15. AMENDMENTS TO AGREEMENT
15.2. If you continue to use the Service, on or after the date of any amendments to this Agreement, then you are taken to have agreed to these amendments. If you do not agree with these amendments and these amendments have a material detrimental impact on you, then you may terminate this Agreement on notice to
16.1. All Fees include GST, unless otherwise expressly indicated.
16.2. You must pay the Fees in monthly installments, payable in advance and commencing at the time that you register as a user of the online agent portal.
16.4. If you fail to pay any Fees by the required time, Hibrokers may:
(a) limit or cease your access and use of the Services;
(b) charge you interest at 10% (per annum) calculated on the daily amount outstanding; and/or
(c) engage a third party collection agency to recover the outstanding fees, and charge you any expense (including legal fees) incurred by Hibrokers in recovering the outstanding fees from you.
16.5. Subject to clauses 16.6 and 16.7, you must pay all taxes in connection with the Services.
16.6. If one party is required to indemnify or reimburse another party (Payee) for any cost, loss or expense, the indemnity or reimbursement payable does not include any amount for which the Payee (or an entity grouped with the payee for GST purposes) is entitled to an input tax credit, but will be increased in accordance with clause 16.7 if the amount payable is consideration for a taxable supply.
16.7. If GST is imposed on any taxable supply by a party in connection with this Agreement and the consideration payable is not expressed to be inclusive of GST, then, subject to a valid tax invoice being issued, the party liable to pay for the taxable supply must pay on demand an additional amount calculated by multiplying the value of the GST exclusive consideration (without deduction or set off) by the current GST rate.
17. FORCE MAJEURE
17.1. Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement (except your obligation to pay Fees and other amounts under this Agreement) if such delay is due to Force Majeure.
17.2. If the delay or failure by a party to perform its obligations due to Force Majeure exceeds 60 days, either party may immediately terminate the Agreement on providing a notice in writing to the other party.
18. FURTHER REQUIREMENTS
18.1. Each party agrees to do all things that may be necessary or desirable to give full effect to every part of this Agreement if asked in writing by another party to do so.
18.2. You must not assign, transfer,
18.3. If any provision of this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be read down or severed from this Agreement.
18.4. Failure by any party to exercise, or delay in exercising, any right, power or remedy under this Agreement does not prevent its exercise. To be effective, a waiver must be in writing signed by the party giving the waiver.
(a) posting the notice on the Hibrokers Website;
(b) emailing the notice to the email address last provided to
(c) posting the notice to the postal or street address last provided to
18.6. This Agreement is governed by and is to be construed in accordance with the laws applicable in the State of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts in that State and the Commonwealth of Australia, and the courts of appeal above them, in respect of all matters arising out of or relating to this Agreement, its performance and subject matter.
Capitalised terms used in this Agreement have the meaning given to them in this Agreement, including this clause 19.
In this Agreement:
“Confidential Information” means:
(a) all confidential, non-public or proprietary information, regardless of how the information is stored or delivered, exchanged between the parties or their representatives (or in our case, provided by
Hibrokers is required to keep confidential,
but does not include information:
(c) that is or becomes part of the public domain other than through breach of this Agreement or an obligation of confidence owed to the discloser;
(d) which the recipient can prove by contemporaneous written documentation was: (i) already known to it at the time of disclosure by the discloser (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or (ii) independently developed by the recipient without reference to the Confidential Information of the discloser; or
(e) which the recipient acquires from a source other than the discloser or any of its representatives where such source is entitled to disclose it on a non-confidential basis.
“Fee” means the fees and charges payable for the Services under this Agreement.
“Force Majeure” means an event or circumstance beyond the reasonable control of a party (without fault or negligence of that party) including: (a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and natural disasters; (b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; strikes and industrial disputes; Internet outage, power, water, telecommunications or other utility shortage; and (c) valid laws, rules, regulations, orders or decrees of the Commonwealth or State Government or of any local government or of any statutory authority.
“GST” is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Service” means the service, as selected by you, set out in the relevant product description on the Website, as amended by
“Submitted Material” means all editorial content, listings, information, photographs, videos and other material you upload and submit to the Website in your use of a Service.