Onthehouse Agency Terms and Conditions

Background
1. These Terms relate to the Website. which is operated by RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171) ("CoreLogic", "our", "us" or "we") offering an online advertising medium and marketplace that makes property information available and displays listings of properties for sale and for rent and includes all web pages under or forming part of the domain name www.onthehouse.com.au (Website), including agentcentre.onthehouse.com.au (Agent Centre).
2. These Terms comprise an agreement which constitutes a legally binding agreement between you and us and governs your use of our Website and the services offered through our Website including the Agent Centre. By signing the Agent Membership Form or by accessing or using our Website, including the Agent Centre, you agree to be bound by these Terms.
3. If you use our Website, including the Agent Centre, or submit the Agent Membership Form in your capacity as a representative of a body corporate, then you warrant that you have authority to accept this Agreement on behalf of that body corporate, and this Agreement will then bind you personally and that body corporate (and "you" and “your” in this Agreement includes you personally and that body corporate).
Your Agreement with us
1. Your agreement with us comprises:
  1. the Agent Membership Form; and
  2. these Terms,
    (together, Agreement).
2. This Agreement is the entire agreement between you and us about its subject matter and it supersedes all prior agreements and understandings between you and us.
3. If there is any inconsistency between the Agent Membership Form and these Terms the documents have the priority listed in clause 2.1.
4. We may change all or part of these Terms at any time. If we do, the new Terms will be posted on the Website. Your subsequent or continued use of the Website, including the Agent Centre, will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Website including the Agent Centre.
Membership
1. To become an Agency Member, you must create an account on the Website by completing and submitting the Agency Membership Form (Member Account) or be otherwise registered for an Agency Member Account to list on OnTheHouse through other channels such as:
  1. Receiving membership to OnTheHouse as part of an existing subscription with another CoreLogic product or service (such as RP Data)
  2. Receiving membership to OnTheHouse as part of a broader agreement between CoreLogic and a franchise, CRM or other association with whom you are affiliated
2. Member Accounts facilitate the use of the Website, including but not limited to providing the ability to save properties, access property reports; upload Listings to the Website and access to and use of the Agent Centre.
3. In order to complete registration of a Member Account, the User must provide certain information as set out on the registration page. When creating a Member Account, Users must provide accurate and complete information and undertake to update registration details from time to time when they change.
4. Members must be over 18 years old, and Members who are real estate agents must provide a licence number.
5. Our Privacy Policy, located on the Website, sets out information relating to our collection, storage and use of the details you provide on registration.
6. You will need to create a username and password for access to the admin portal of the Website (the Agent Centre) either during or after your registration for OnTheHouse membership, or you may be able to use your existing CoreLogic account credentials. You are solely responsible for the activity that occurs on your Member Account and you must keep your Member Account password secure. You must notify us immediately of any breach of security or unauthorised use of your Member Account. We will not be liable for any losses caused by any unauthorised use of your Member Account.
7. Your Membership continues until it is terminated by you or us by notice to the other.
Your warranties and representations
1. You represent and warrant to us that at all times during the Term of your Membership:
  1. you hold all required licences or accreditations to sell or lease all your listings on the Website, including, but not limited to a real estate agency licence;
  2. you will not make any representations to your clients that are inconsistent with clause 4.1(a);
  3. you have authority to sell or lease all your Listings on the Website and have the proper authorities in place required by State or Territory regulations;
  4. you will comply with all of your obligations set out in these Terms;
  5. you will not use the Website, including the Agent Centre, in any way that would or may breach any Laws (including Privacy Laws or applicable industry codes) or otherwise use the Website or your Membership for improper or unlawful purposes;
  6. you will not use the Website, including the Agent Centre, or your Membership in any way that would or may constitute a misuse of any person's confidential information or infringe upon any person's rights (including Intellectual Property Rights and Moral Rights);
  7. you will not use the Website, including the Agent Centre, or your Membership in any way that would or may damage our reputation or goodwill, alter the meaning of or misrepresent the Website or your Membership;
  8. you will not use the Website, including the Agent Centre, or your Membership in any way that would or may be defamatory, offensive, injurious, unlawfully threatening or unlawfully harassing;
  9. you will not remove, alter or deface any registered or unregistered trademark, logo, copyright notices, CoreLogic Disclaimers or other proprietary notice appearing on or in the Website;
  10. you will not adversely affect or jeopardise our rights to register any unregistered trade marks, whether or not an application for registration has been made;
  11. you will not share any Login Details or otherwise enable unlawful access to the Website, including the Agent Centre, or your Membership by any other person (whether simultaneously or independent of you);
  12. you will not, and not attempt to, interfere, damage, alter, misuse or gain unauthorised access to the Website or interfere with the ability of any other user of CoreLogic's Platforms to use the Website, or the CoreLogic Platforms; and
  13. you will not sell, assign or transfer any right, title or interest (including any Intellectual Property Rights) in the Website or your Membership to any person.
2. You must not use the Website, including the Agent Centre, to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Material) or do any activity that:
  1. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) third-party rights of any kind, including without limitation any patent, copyright, moral rights, trade mark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;
  2. contains any information or content that you know is not correct and current;
  3. contains, promotes, or provides information about unlawful activities or conduct;
  4. could harm, abuse, harass, stalk, threaten or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  5. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person;
  6. may create a risk of any other loss or damage to any property;
  7. may constitute or contribute to a crime or tort;
  8. includes an image or personal information of another person or persons unless you have their consent;
  9. impersonates any person or entity;
  10. poses or creates a privacy or security risk to any person;
  11. transmits (or authorises the transmission of) unsolicited or bulk electronic messages to anyone, or otherwise constitutes an infringement of the Spam Act 2003 (Cth);
  12. solicits money, passwords or personal information from any person;
  13. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  14. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  15. mines data or conducts automated searches on the Website or the content on the Website, whether through the use of additional software or otherwise;
  16. incorporates any of the content on the Website with any other material, including advertising or promotional material;
  17. creates links from the Website to any other website on the internet, or frames or mirrors the site without our prior written consent;
  18. tampers with, hinders the operation of, or makes unauthorised modifications to the Website or any content on the Website; or
  19. is in breach of any applicable laws or regulations.
Your acknowledgements
1. You acknowledge and agree that at all times during the Term of your Membership:
  1. in consideration for us granting you a right to upload Listings to the Website and access to and use of the Agent Centre and the other services we provide, you grant us (and our successors and affiliates) a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, transferrable licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all Material and your name, voice, and/or likeness as contained in your Material, in whole or in part, and in any form, media or technology, whether now known or developed during the Term, for use in connection with the Website and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and all derivative works) in any media formats and through any media channels;
  2. you unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material;
  3. from time to time, we may run competitions via the Website. By entering into competitions, you agree to have your name posted on the Website in the event that you are a winner. Further terms and conditions may apply to our competitions and these will be displayed on the competition pages;
  4. we do not represent or warrant that the content on the Website complies with the laws of any country outside of Australia. If you access the Website from outside Australia, you do so at your own risk;
  5. you are solely responsible for the content of your Listings and any errors or omissions in your Listings;
  6. we, our Related Bodies Corporate and/or our third party suppliers are and remain the sole and exclusive owners of all right, title and interest (including all Intellectual Property Rights) subsisting in and to the Website (current or future) and that any modifications will vest in us upon creation;
  7. nothing in these Terms assigns or transfers to you any rights, title or interest (including any Intellectual Property Rights) in the Website;
  8. you will not (and will not enable, encourage, aide, or abet any other person to) infringe upon, harm or contest the validity of the right, title and interests in the Intellectual Property Rights of us, our Related Bodies Corporate and/or our licensors (including the Intellectual Property Rights subsisting in the Website);
  9. you must promptly notify us in writing where you become aware, of any actual or potential misuse of the Website, including the Agent Centre, or any of the Intellectual Property Rights subsisting in the Website;
  10. all features of our Website and products are subject to change, development and discontinuation and, as such, we may vary or discontinue any feature of the Website or product;
  11. we will use reasonable endeavours to provide you with continuous and fault-free operation of the Website, including the Agent Centre, and the other services we provide you, however we cannot guarantee this and technological failures or delays may prevent us from doing so;
  12. we provide email support to you for technical issues that may arise from time to time. You acknowledge that we will use best endeavours when providing telephone support but is not obliged to have a solution for each and every technical issue that may arise;
  13. where you have provided us with your contact details or your employees have provided us with their contact details (verbally or in writing, including by the provision of a business card to our employees) we may contact you and your employees from time to time in relation to products and services offered by us or our business partners and you authorise us:
    1. to contact you or your employees via phone, email, text message, push notifications and other electronic media, unless you explicitly request us not to contact you via these media; and
    2. to contact you or your employees via any of these methods without including an unsubscribe facility, to the extent permitted by law;
  14. we may:
    1. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. monitor use of the Website and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request at our discretion; and
  15. we will use reasonable endeavours to display Listings in the format submitted but we make no guarantees or representations regarding the display of Listings. We reserve the right to select, edit, condense, determine the duration of, withdraw or refuse a Listing.
Your obligations
1. Your obligations to us are as follows:
  1. you will only upload Listings to the Website via an authorised third party (or parties) who have been provided with and agreed to each of the documents comprising this Agreement (subject always to clause 6.1(p)) (Authorised Third Party);
  2. you will only advertise the sale or lease of a property if you are legally able to sell or rent that property, whether personally or as an agent and you represent you have appropriate written authority from the property owner to the advertise the property Listing on the Website;
  3. you will upload Listings to the Website by causing the Authorised Third Party referred to in paragraph 6.1(a) above to send XML data feeds to CoreLogic or via another method mutually agreed in writing between your agency, franchise or CRM, and CoreLogic.;
  4. your Listings will include Property Attribute Data, text descriptions, graphics, pictures, floor plans, videos, tours and other content relevant to the particular property being advertised and any phone number provided by you for listing in a Listing must be yours, or you must have permission to use it. You must ensure that any phone number listed in your Listing is correct. We reserve the right to modify or refuse any Listing which appears reasonably unsuitable to us;
  5. you will remove Listings from the Website upon the sale or lease of the advertised property. You must advise of the sale of any sold property along with the details of the sale of the property when a formal contract of sale of the property has been signed by both parties and we reserve the right to remove any Listing where we consider the Listing is no longer valid due to your inactivity on the Website;
  6. if you are, in our reasonable opinion, in breach of clause 6.1(i) , you will promptly comply with any direction we give to you in relation to your relevant listing(s), including any direction to delete, amend or update any relevant listing(s);
  7. you will comply with the Privacy Policy and this Agreement (as varied from time to time);
  8. where you provide us with Personal Information of any individual, you must inform that individual that their Personal Information will be used and disclosed by us in accordance with our Privacy Policy;
  9. you will ensure that any statement you make to us or any content or material supplied by you (including content uploaded to the Platform):
    1. is not unlawful;
    2. is not provided for an improper purpose;
    3. is not misleading or deceptive or likely to mislead or deceive (including for the reason that the branding on a listing would, or would be likely to, mislead or deceive consumers about the Agency Office or individual agent or agency group that was responsible for selling the relevant property);
    4. does not include information that is defamatory, fraudulent, infringes the Intellectual Property Rights of third parties or would otherwise expose us to any liability, legal proceedings or other sanction;
  10. you will comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010 (including the Australian Consumer Law); Trade Marks Act 1995; fair trading legislation; real estate agent legislation and regulations (including rules governing the disclosure, retention and payment of any rebates or benefits) and any other applicable advertising standards and regulations including the Privacy Act and Privacy Regulations ;
  11. you will ensure that you and all employees will treat our employees with courtesy at all times and not threaten, harass, abuse, assault, use offensive language towards, defame or repeatedly and unnecessarily contact our employees, contractors or agents or otherwise cause them distress or discomfort;
  12. you will comply with any guidelines and codes issued by your local and national body for your type of organisation;
  13. you will ensure that your username and password for accessing any service supplied by us are kept secure at all times and are only disclosed to persons employed by you or engaged to provide services to you and who are authorised to incur charges on your behalf and you are responsible for any use of any service supplied by us using your username and password by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use;
  14. you undertake that you will only collect, use, disclose and store Personal Information obtained through the Website including through leads generated by users submitting enquiries on the Website, for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about, unless advised otherwise by us;
  15. unless we waive this requirement, you must have only one Membership per Agency Office;
  16. you will not allow anyone else to use your Membership to list on the Website, including but not limited to:
    1. another Agency Office; or
    2. any individual that is not using your Membership in the course of their employment for your Agency Office; and
    3. a joint listing arrangement with another Agency Office does not exempt an Agency Office from compliance with this clause;
  17. you will ensure that you do not use our registered or unregistered trade marks for any purpose that we have not previously approved in writing or in a manner that is likely to mislead individuals into believing there is an association between your brand and our brand, other than that of customer and service provider, without our prior written consent.
Access
1. You must access, and use the Website only in accordance with these Terms.
2. You must access the Agent Centre by entering your Login Details.
3. We will not be liable for any delay, defect, deficiency and/or loss of service in connection with the Website, including the Agent Centre, or any loss caused by or on account of any of the following:
  1. equipment, data or services supplied by you or any third party; or
  2. any telecommunications, organisation equipment, or services (including any speeds or capabilities of such equipment or services) or any requirements of the telecommunications authority.
4. We reserve the right to change or refine the content, information, features and functionality of the Website, including the Agent Centre, without notice to you, provided that the Website will retain those basic features described from time to time on the Website.
5. If you are provided with or generate Login Details in connection with your Membership, you must:
  1. keep such Login Details confidential and safeguard from unauthorised use;
  2. not send or disclose to any person any Login Details;
  3. not keep such Login Details in any form (whether encoded or un-encoded) in a location where it is capable of being copied or used by any third person; and
  4. promptly notify us if you become aware, or have reason to suspect, that any of the Login Details required to access any aspect of the Website, including the Agent Centre, has been disclosed to, or used by, an unauthorised person, including any person other than the user to whom the Login Details relate.
6. Without limiting any other terms of this Agreement, you will follow all reasonable instructions we give from time to time with regard to the use of the Website including access to and use of the Agent Centre.
7. You will be responsible for obtaining access to the Website , and for any and all costs and expenses in connection with accessing and using the Website, including Internet service provider fees, telecommunications fees, and the cost of any and all equipment (including hardware and software) used by you in connection with its access and use of the Website.
8. You acknowledge and agree that our ability to provide the membership and access to the Website is subject to our agreements with third party suppliers:
  1. which agreements may expire or terminate; or
  2. which suppliers may not provide the services, products or data as provided under such agreements, and that in such circumstances we may not be able to, and will have no obligation to, provide some or all of the functions of the Website, either on a timely basis or otherwise.
9. We reserve the right, but is not required, to verify the availability of properties offered for sale and rent, and to verify the information contained in any Listing, including ownership information. You agree that we may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as we reasonably require.
Termination or suspension by us
1. Without limiting our other rights, we may immediately terminate this Agreement or suspend or temporarily remove any of your Listings or your Membership:
  1. at any time without cause;
  2. if any of the warranties or representations made by you in these Terms are incorrect;
  3. if you are in breach of this Agreement and you fail to rectify the breach within 7 days of us giving you notice of the breach and requiring that it be remedied;
  4. if you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent; or
  5. if you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
Termination by you
1. In addition to any rights of termination you may have under another clause of these Terms, you may immediately terminate your Membership if:
  1. we are in material breach of any of our obligations under the Agreement;
  2. we enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent;
  3. we are wound up or an application for winding up is filed; or
  4. we exercise our right to suspend or temporarily remove your listings under clause 8.1 for a period of 30 days or more.
Effect of termination or suspension
1. Termination of your Membership or suspension or temporary removal of Listings pursuant to clause 8.1 does not:
  1. terminate any licence or right you have granted to us to use your Intellectual Property;
  2. relieve either party of its accrued obligations and liabilities pursuant to this Agreement which may be enforced before or after termination; or
  3. waive any accrued rights in respect of any breach of this Agreement by either party.
2. The following clauses will survive any termination of your Membership: 5; 7; 11; 12; 13; 14; 16; and 17.
Limited Warranty
1. To the fullest extent permitted by Law, and in conjunction with the CoreLogic disclaimer which can be found at https://www.corelogic.com.au/about-us/copyright-disclaimer, all warranties are excluded, and we expressly disclaims all warranties:
  1. that the Website will meet your requirements;
  2. that the Website is fit for your purpose or are otherwise suitable for your use or of merchantable quality;
  3. that the Website will be compatible with, or suitable for use with, your software;
  4. that the Website will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;
  5. that the performance of the Website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by our third party suppliers;
  6. that the Website will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.
2. You acknowledge and agree that:
  1. you will exercise your independent judgment in accessing and using the Website and are solely responsible for ensuring, and must satisfy yourself, that the Membership meets your needs.
  2. the Website, including, without limitation, any information, data, prices, and quotations contained, are subject to change without notice.
  3. we do not verify (and therefore do not warrant and will not be liable for any inadequacy in) the accuracy or completeness of any data supplied by you or any third party.
  4. we will not provide the Website to the extent it is prohibited or not authorised to do so by Law or under any of its agreements with its suppliers.
3. To the extent that the Competition and Consumer Act 2010 (Cth) implies any warranties under these Terms, then our liability in respect of such implied warranty is limited:
  1. in the case of goods, to any one or more of the following (as we may in our discretion determine):
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
  2. the payment of the cost of having the goods repaired; or in the case of services, to any one of the following (as we may in our discretion determine):
    1. the supplying of the services again; or
4. the payment of the cost of having the services supplied again, except as expressly provided elsewhere in this Agreement.
5. You warrant that you have not relied on any representation made by us which has not been expressly stated in this Agreement (including any descriptions or specifications contained in any document including any catalogue or other material produced or made available by us outside of this Agreement).
Limitation of Liability
1. To the maximum extent permitted by Law, in no event will our aggregate liability to you exceed ten thousand dollars (AUD$10,000).
2. To the maximum extent permitted by Law, we will not be liable under or in connection with your Membership for any Consequential Loss.
3. We have no liability whatsoever to you or any other person, for:
  1. acts and omissions of, or any faults or defect in the Website caused by any third party;
  2. faults or defects in the Website which are caused by you including any failure to comply with Your obligations under these Terms;
  3. any loss or corruption of Data contain on or stored in any Platform;
  4. any delay, faults, failure, interruption or defects that arise in telecommunication systems or other services provided to you by a third party (even if they are connected and used by us during the operation of this Agreement with our consent); and
  5. your inability to access or use the Website for any reason.
4. If at any time all or any part of the Website is, or in our opinion may become, subject of any claim or suit for any infringement, we may at our own expense and option modify or replace the affected Website so that it is non-infringing, or obtain for you the right to continue using the affected Website. If neither of foregoing options is in our opinion commercially reasonable, we will have the right to terminate your Membership with immediate effect after which time your use of the affected Website is at your sole risk.
Indemnity By You
1. You indemnify and will keep us indemnified, from and against any Claims or Losses (including as a result of any third party Claim against us) or which we may suffer or incur arising out of or in connection with:
  1. any breach of these Terms by you;
  2. any representations or promises made by you to others due to or based on the Website or your Membership;
  3. any negligent or wilful acts or omissions in connection with the Website or your Membership by you.
2. The indemnity given by you in this clause is reduced to the extent that we contribute to the Losses suffered or incurred.
Privacy
1. We are bound by the Privacy Act and have published a Privacy Policy, available on CoreLogic's website in accordance with the Privacy Act and published regulatory guidelines. We will:
  1. comply with the Privacy Act and ensure that our employees, agents and contractors do so;
  2. subject to rights under these Terms, only use Personal Information that the you disclose for the purpose for which it was disclosed or the purposes to which you have expressly given your consent; and
  3. assist you in dealing with any complaints or potential breaches, including proving your access to relevant information.
2. To the extent the Listing and your Membership contains Personal Information, you agree to:
  1. comply with the Privacy Act whether or not you are bound by the Privacy Act;
  2. only use Personal Information we disclose to you for the purposes for which we disclosed that Personal Information;
  3. take all reasonable steps to ensure that you, or any of your agents, will not act in a way that contravenes the Privacy Act;
  4. notify us immediately (by email to privacy@corelogic.com.au) of any privacy complaints or events which may cause the Privacy Act to be breached and to assist us in dealing with any complaints or potential breaches, including proving is access to relevant information; and
  5. keep us indemnified in respect of any loss, claim, liability or expense and (whether in contract, tort (including negligence), strict liability or otherwise) incurred by us resulting from a breach by you, of the Privacy Act.
3. You acknowledge and agree that by applying for a Membership we will collect Personal Information about you and we may use that Personal Information for the purposes of:
  1. providing you with access to the Website and other related purposes for which you would reasonably expect us to use your Personal Information; and
  2. providing to you information about the real estate industry and market, new developments, our product and services and any special offers in relation to our products and services by post, telephone or any form of electronic communication such as email or text message.
4. You consent to receiving information from us, our Related Bodies Corporate and our commercial partners about their products and services, including newsletters and information about the real estate industry and any special offers.
Cookies
1. When you use our Website, you consent to receiving cookies from us and/or our third party partners.
2. From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.
Right To Inspect and Audit
1. Without limiting any of the other terms of this Agreement:
  1. you will follow all reasonable instructions we give from time to time with regard to the use of the Website;
  2. you permit us at all reasonable times to check that the Website are being used in accordance with these Terms; and
  3. you agree you will cooperate with any investigation concerning the use by you of the Website and compliance with these Terms.
Confidentiality
1. Neither Party may disclose any Confidential Information to any person or entity except:
  1. to the extent required by Law or the rules of any stock or securities exchange; or
  2. to the extent required in connection with legal proceedings relating to this Agreement; or
  3. as otherwise agreed in writing by the Parties;
  4. in respect of us: our employees requiring the information for the purposes of this Agreement who:
    1. are aware of the confidentiality obligations imposed in this clause; and
    2. have entered into written confidentiality agreements with CoreLogic which require such employees to comply with confidentiality obligations no less restrictive than those set forth in this clause 17.
2. You must not use Confidential Information except for the purpose of exercising your rights or performing your obligations under these Terms and your Membership.
3. You will take any action that is necessary to prevent or remedy any breach of your confidentiality obligations or other unauthorized disclosure of Confidential Information.
4. You acknowledge that due to the unique nature of the Confidential Information, any breach by you of your obligations under this clause would result in irreparable harm to us and our service providers for which there is no adequate remedy; and upon any such breach or threat thereof, we and our service providers will be entitled to injunctive and other appropriate equitable relief (without the necessity of proving damages, or posting bond or other security), in addition to whatever remedies we and our service providers may have at Law
5. You will not remove, alter, obscure or otherwise modify any trademark, copyright or other proprietary notice or legend or legal disclaimer placed on or contained within the Confidential Information.
6. You may not make press or other announcements or releases relating to these Terms and your Membership and the transactions that are the subject of these Terms and your Membership without our prior written approval as to the form and manner of the announcement or release, unless and to the extent that the announcement or release is required to be made by you by Law or by a stock exchange with which you are listed.
7. Except as otherwise agreed or duly required by Law or any regulatory authority, no Party will disclose the terms of these Terms and your Membership to any person or entity other than its employees, accountants, auditors, financial advisers or legal advisers on a confidential basis.
Notices
1. All notices under this Agreement will be in writing addressed to the Parties as follows:
  1. CoreLogic: Level 6a, 388 George Street, Sydney NSW 2000;
  2. You: to the postal address or email address stated in your Agent Membership Form.
2. Notice will be deemed given:
  1. in the case of hand-delivered mail upon delivery;
  2. in the case of ordinary mail on the fourth day after the date of posting;
  3. in the case of email transmission upon completion of successful transmission.
3. A Party may change its address for service of notices under this clause by giving written notification of the new address to the other Party.
Miscellaneous
1. No right under these Terms will be deemed to be waived except by notice in writing signed by the Party to be bound.
2. These Terms will be governed by and construed in accordance with the Laws in force in the State of New South Wales. Each Party submits to the non-exclusive jurisdiction of the courts of that place.
3. You warrant that you have not relied on any representation made by us which has not been expressly stated in these Terms or upon the descriptions or allusions or specifications contained in any document including any catalogue or other material produced or made available by us.
4. If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
5. Nothing contained or implied in these Terms constitutes one Party the partner, agent, or legal representative of the other Party for any purpose or creates any partnership, agency or trust, and neither Party has any authority to bind the other Party in any way.
6. The rights and remedies provided in these Terms are in addition to other rights and remedies given by Law independently of these Terms.
Definitions and interpretations
1. In this Agreement, unless the context otherwise requires, the following words will have the meaning set out hereunder:
  - Agent means a Member who is a real estate agent.
  - Agent Centre means the portal forming part of the Website available to Members for the purposes of, depending on their User Permission, managing their Profile, Agency Office Profile and/or Agency Office Users.
  - Agency Office means physical office, or online agency, from which the main business that is conducted is real estate agency services.
  - Agency Office Profile means the Profile of a Member who is or is authorised to act on behalf of an Agency Office.
  - Agency Office Users means a Member who is employed by, or otherwise has a Profile which is managed by, an Agency Office.
  - Agreement means these Terms and any other terms which may apply.
  - Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whatsoever arising and whether present or future, fixed or unascertained, actual or contingent whether arising in contract (including under an indemnity), tort (including negligence), statute, equity, at Law or otherwise.
  - CoreLogic means RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171) and its Related Bodies Corporate.
  - Confidential Information means all confidential, non-public or proprietary information, regardless of how the information is stored, which is delivered to you before, on or after the date of these Terms, the commercial arrangements between the Parties, relating to the membership and the Website, including the business, technology or other affairs of CoreLogic, including any Intellectual Property Rights.
  - Consequential Loss means:
    1. special, indirect, incidental or punitive loss or damage (including loss of profits or savings, loss or damage to or corruption of data, loss of goodwill, loss of reputation), whether arising in equity, for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise, and whether or not such loss or damage was foreseeable (and even if possibility of such loss or damage had been notified); or
    2. loss not in the ordinary contemplation of the Parties upon entering into these Terms.
  - Excluded Information means Confidential Information which:
    1. is in or becomes part of the public domain other than through breach of these Terms or an obligation of confidence owed to us;
    2. you can prove, by contemporaneous written documentation, was already known to it at the time of disclosure by us (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or
    3. you acquire from a source other than us where such source is entitled to disclose it.
  - Force Majeure means any circumstances beyond a Party's control including strikes or industrial disputes, acts of God, acts of government, refusal of licence, failures or outages of any utilities (including telecommunications and data communication equipment or services), denial of service attacks, fire, explosion, floods, cyclone, tsunami or other extreme weather events, aircraft unserviceability or unavailability, war, terrorism or civil disturbance, or impossibility of obtaining material and/or data.
  - Intellectual Property Rights means all industrial and intellectual property rights throughout the world protected or recognised at Law and includes all current and future registered and unregistered rights relating to:
    1. trade marks, business names, domain names, copyright works, databases, software, circuit layouts, designs, patents, trade secrets, know-how, inventions and discoveries, and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967; and
    2. any application or right to apply for the registration of any of the rights referred to in paragraph (a) above.
  - Law means common law, principles of equity, and laws made by parliament (laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them).
  - Listing means all materials comprising an advertisement for the sale or rental of a real property and includes all information, Property Attribute Data and photographs and other related or supporting materials uploaded by you onto the Website in connection with the listing.
  - Login Details means the unique user names and passwords provided to or created by you for the purpose of accessing your Membership.
  - Loss means all liabilities, losses, damages, outgoings, costs and expenses including reasonable legal costs (on a solicitor-client basis) and any penalties or fines imposed by a regulatory authority.
  - Member means a person or body corporate with authority under the Agreement to use the Website, including the Agent Centre, under these Terms
  - Membership means your membership to use our Website, including the Agent Centre, under these Terms.
  - Party and Parties means CoreLogic (us) and you.
  - Personal Information means "personal information" as that term is defined in the relevant and applicable Privacy Laws, and which is disclosed to or received by a Party under or in connection with these Terms.
  - Platform means any web-based platform or software provided by us to deliver, enable or provide access to the Website to you.
  - Privacy Act means the Privacy Act 1988 (Cth).
  - Privacy Laws means any relevant or applicable privacy or data protection laws relating to the collection, use, processing, disclosure, storage or granting of access to the Personal Information and includes the Privacy Act 1988 (Cth) and the Australian Privacy Principles which form part of the Act, Do Not Call Register Act 2006 (Cth) and the Spam Act 2003 (Cth); as well as any other State or Territory acts and regulations which regulate the use of Personal Information in each respective state or territory and any other binding requirement under an Australian industry code or policy relating to the handling of Personal Information.
  - Privacy Policy means CoreLogic's privacy policy as updated from time to time and located at https://www.corelogic.com.au/about-us/privacy-policy
  - Product Data means any data, facts, information, statistics, analytics, indices, results, reports, photographs, or meta data, (including any Personal Information, property transactional, ownership and occupancy information, Property Attribute Data) or other information which is (at any time) accessed or obtained by you (or your representatives) from CoreLogic under or in connection with these Terms.
  - Profile means the Member's profile on the Website, including Agent name and position or real estate agency name and logo, email address, phone number, blurb, headshot and banner image.
  - Property Attribute Data means factual information relating to a real property (including recent sales activity) or the physical characteristics of that property including:
    1. internal features such as living area, number of bedrooms, bathrooms, floor levels, number of car spaces and type;
    2. external features such as construction type and materials, roof type, land size, property aspect, land and yard feature; property improvements (such as pool); and
    3. year built or renovated.
  - Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth) and Related Bodies Corporate has a corresponding meaning.
  - User means any person who accesses the Website, including (but not limited to) for the purposes of seeking to create a Member Account.
  - User Permission means the access permissions attributed to a Member by CoreLogic based on the Member's role, as follows:
    - a Member who is the principal of or performs an administrative role for a real estate agency is entitled in respect of that real estate agency to:
      - edit their Profile and the Agency Office Profile on the Website; and
      - manage Agency Office Users;
    - an Agent is entitled to edit their Profile on the Website.
  - Website means the On The House website located at www.onthehouse.com.au and includes all web pages under or forming part of that domain name, including the Agent Centre located at agentcentre.onthehouse.com.au.
2. The headings in these Terms are for convenience of reference only and will not affect the interpretation hereof. The words "include" and "including" when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind. A clause is a reference to a clause to these Terms. Words importing the singular number will include the plural and vice versa, and words importing the masculine gender include all other genders.
Currency
1. These OnTheHouse Terms of Use are current as and from 1 February 2022.

This product uses cookies and other similar technologies to improve and customise your browsing experience, to tailor content and adverts, and for analytics and metrics regarding visitor usage on this product and other media. We may share cookie and analytics information with third parties for the purposes of advertising. By continuing to use our website, you consent to cookies being used. View our Privacy Policy here.

GETTING STARTED

AGENTS

INFO

SUPPORT