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Terms of Use

Terms of Use

Welcome to the REISA website located at www.reisa.com.au and/or all other associated Agent Connect and REI FormsNow websites (collectively referred to as the “website”). The website is owned and operated by The Real Estate Institute of South Australia Incorporated (“REISA”, “We”, “Us” and “Our”). The term “you” and “your” refers to the customer visiting the website, utilising services through the website and/or contributing content on the website.

These terms of use, along with our Privacy Policy and other notices on the website, form the basis on which you may access and use the website.

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

If you object to any of our terms of use or other notices on our website, your sole option is to immediately cease using the website.

If you breach any of the terms of use or other notices on our website, REISA may prevent you from accessing or using the website and/or take appropriate legal action depending on the nature of the breach.

Provision and access to the website

While REISA has taken reasonable measures to ensure that information supplied on the website is free from error, we do not warrant the accuracy, adequacy or completeness of the Material and any content on this website.

REISA reserves the right to change or discontinue all or any part of the website at any time.

REISA is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or an external website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Registration of account

To access or use certain parts of the website, you are required to register an account. Registration is free unless otherwise specified.

To register an account, you must provide the information specified by REISA within the relevant documentation and/or agreement to engage the services of the REISA Member, or to become a member of REISA. The information requested by us may be amended at our discretion. The information provided by you to register an account (“account information”) must be accurate, truthful and correct at the relevant time. In the event that the account information becomes out of date or changes for whatever reason, you must notify us of this as soon as practicable by: emailing REISA at reisa@reisa.com.au OR contacting the relevant REISA member as specified within the documentation and/or agreement to engage the services of the REISA Member.

REISA reserves the right to request, at any time, proof of identification to verify your identity.

REISA reserves the right to, at our sole discretion, suspend or terminate your account or your access to the website if REISA believes that you may have breached the terms of use of the website or are no longer actively using your account or have breached the terms of any other agreement between the relevant parties.

It is your sole responsibility to keep any password and/or security information provided in connection with your account, or the use of the website, secure and confidential. You must notify us as soon as practicable if you suspect your account has been accessed by an authorised person.

Intellectual Property

All intellectual property in relation to content on the website belongs to REISA, its licensors, advertisers or affiliates. You obtain no interest in that intellectual property by accessing or using the website.

All content on the website, without limitation, is protected by Australian and international copyright and other intellectual property laws. You must not engage in any conduct or do anything which interferes with or breaches those laws or the intellectual property rights in the content.

You may download and view content or print a copy of material on the website for personal, non-commercial use provided you do not modify the content in any way (including any applicable copyright notice). Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the website without the copyright or trademark owners' permission.

Trade marks (whether registered or unregistered) and logos featured on the website must not be used or modified in any way without obtaining the prior written consent of REISA and/or another third party.

The website, products, technology and processes contained in the website may be the subject of other intellectual property rights owned by REISA or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these terms of use or otherwise within the website. Your use of this website must not in any way infringe the intellectual property rights of any person.

Members’ access

Access to ‘Members’ only’ sections of the website is restricted to financial members of REISA and/or other persons authorised by REISA.

Where you are given access to the ‘Members only’ section of the website, you will be given a unique login and password that identifies you (“Member Identification Information”). It is your sole responsibility to maintain the security and confidentiality of your Member Identification Information and you accept all responsibility for all activities that occur in connection with your Member Identification Information.

REISA reserves the right to vary the goods and services available in the ‘Members only’ section of the website and/or to suspend access to the Members’ only area of the website at any time.

REISA may terminate or restrict a member’s access to the ‘Members’ only’ section of the website if, in REISA’s sole opinion, the member does not adequately protect the Member Identification Information or if the member’s REISA membership is suspended or ceases. Further, REISA reserves the right to refuse use of any and all functions of this website by Members should, in the opinion of the Chief Executive Officer, a Members actions or inactions may or will reasonably lead to the individual member bringing the profession into disrepute.

User generated content

The website allows (subject to certain requirements) users to post and/or upload opinions of and commentary in relation to agents they have engaged or dealt with in connection with the sale, purchase or leasing of a property or business. Further, the relevant agent will have the right to respond to the user’s opinions and commentary.

You can use this functionality by completing and submitting information from the various prompted and unprompted mechanisms provided within the website functionality (hereafter referred to as a “User Submission”). An Agent may post a response to the User Submission (hereafter referred to as an “Agent Response”).

By submitting a User Submission or Agent Response for publication on the website, you acknowledge and agree:

(a) that you are aged 18 or over;

(b) the publication of a User Submission or Agent Response is at the discretion of REISA and REISA may, in its sole discretion, remove part of or all of a User Submission or Agent Response if it does not comply with these terms of use, is the subject of a complaint and/or for any other reason REISA considers appropriate;

(c) that you will not hold REISA responsible for any User Submission or Agent Response posted on the website by you;

(d) that despite REISA’s discretion to not to publish any or part of a User Submission or Agent Response, you are solely responsible and liable for your User Submission or Agent Response;

(e) REISA may contact you to confirm and/or seek additional information in relation to a User Submission or Agent Response submitted by you;

(f) that all content in the User Submission or Agent Response is:

  • i. truthful, accurate and based on actual personal experience and reflects your personal genuine opinion and is not influenced in any way by the statements or opinions of any other person;
  • ii. voluntarily made and you have not received any monetary remuneration and/or any other form of benefit by any other party in connection with the User Submission or Agent Response (other than that relating to the usual fee for services of an agent);

(g) to grant REISA a perpetual, worldwide, royalty-free, irrevocable and non-exclusive licence to use, display and reproduce your User Submission or Agent Response in any way it chooses to do so including, without limitation:

  • i. within any area of the website, on the mobile application of the website (if any) and within any other social media sites controlled by REISA;
  • ii. within any marketing or promotional material relating to the website;
  • iii. for any purpose relating to the promotion of REISA generally;

(h) that your User Submission or Agent Response:

  • i. will not infringe any Intellectual Property Rights or moral rights of any third party;
  • ii. does not include obscene or offensive language;
  • iii. does not contain statements which are (or may potentially be) misleading and/or deceptive in nature;
  • iv. does not include statements which threaten another person or may constitute harassment;
  • v. does not contain statements that may be construed as defamatory or racist in nature;
  • vi. does not contain sexually explicit language or images;
  • vii. is not unlawful;
  • viii. does not include personal information (including names, email addresses or phone numbers) of any individuals (other than the name of and agency details of the relevant agent);
  • ix. does not contain viruses or malicious code which may damage or interfere with the website or any system or data;
  • x. does not contain content or links to content that, in the REISA’s opinion, may expose REISA to any harm or liability of any type;
  • xi. complies with any other matter that the Chief Executive Officer of REISA deems necessary or expedient from time to time to ensure appropriate use and functioning of the website.

Agent Reviews

The website provides functionality to allow the public (subject to certain requirements) to post reviews about real estate agents they have either engaged or dealt with (“Agent Review Content”).

Agent Review Content is provided for general information purposes only and is posted voluntarily. REISA cannot verify its accuracy or reliability.

You should not rely on the Agent Review Content in any way to make a decision about any subject matter contained therein. Agent Review Content contains personal opinion and is based on a particular individual’s expectations, experience and standards. Expectations and standards vary amongst the community and accordingly, you should not rely on the Agent Review Content as being indicative of an experience you may have.

Although REISA may moderate or refuse to publish Agent Review Content, we do not warrant or represent that it is accurate, truthful or reliable.

It is a condition of your use of the website that you accept all risks, losses, expenses and costs associated with the use (or your refrain from use) of the product or service that is the subject of the Agent Review Content and/or any Material contained on the website.

External Websites

This website may contain links to websites of third parties ("external websites") that we do not operate or control. We are not responsible for these external websites. We provide these links for your reference and convenience only.

Links to external websites should not be construed as any endorsement, approval, recommendation or preference by REISA of the owners or operators of the external websites, or of any information, products or services referred to on the external sites unless expressly indicated on this website.

REISA makes no warranties and accepts no liability in relation to any material contained on external websites. You are free to access these external websites, but you do so at your own risk.

Disclaimer and limitation of liability

You understand and agree that you use the website at your sole risk.

Except where expressly stated otherwise, Material on the website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should always conduct your own inquiries and seek independent legal, financial planning, tax and/or other advice tailored to your specific needs and circumstances prior to making any decision or omitting to take action.

REISA does not make any representation or warranty that any Material on the website is reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

REISA will not be liable for loss resulting from any action or decision by you in reliance on the Material on the website, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.

You agree and acknowledge that REISA is not responsible for, and accepts no liability in relation to, any users’ use of, access to or conduct in connection with the website in any circumstance.

To the maximum extent permitted by law, we exclude all conditions and warranties relating to your use of the website that are not expressly set out in these terms of use. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our absolute option, to:

(a) in the case of services supplied or offered by us:

  • (i) the re-supply of those services; or
  • (ii) the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

  • (i) the replacement of the goods or the supply of equivalent goods;
  • (ii) the repair of the goods;
  • (iii) the payment of the cost of having the goods replaced; or
  • (iv) the payment of the cost of having the goods repaired.

In relation to any express warranty or condition set out in these terms of use or in connection with goods or services supplied or offered by us via the website, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the website.

Indemnity

You agree to indemnify us and our directors, officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with your use of the website.

Applicable Law

The website is controlled and owned by REISA. Your use of this website is governed by, construed and enforced in accordance with the laws of South Australia, Australia. Disputes arising from your use of this website are exclusively subject to the jurisdiction of the courts of South Australia, Australia.

The website may be accessed throughout Australia and overseas. REISA makes no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

Cookies

Cookies are small pieces of data stored on the web browser on your computer. The website, external websites and associated websites may store cookies on your web browser.

The main reasons we store cookies are to:

  • improve your use of the website. For example, to remember your search criteria so you don't have to re-enter to do multiple searches and to remember your site preferences for your next visit to the site;
  • gather statistics on site usage so we can monitor site usage and make improvements to site usability; and
  • any other reasonable matter to make the user experience more enjoyable.

You can set up most web browsers so you are notified of when a cookie is received, so you can then either accept or reject it. You can also check the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from the website or linked websites, then you may not be able to gain access to all the content and facilities of the website.

Aggregated Data

We respect Your privacy by treating all data that we receive from You as confidential. We reserve our right to use all of that data to produce non-personal, aggregate statistical information (“Aggregate Data”). We reserve the right to use, maintain, update and sell Aggregate Data. We use Aggregate Data to, among other things: assess general industry trends and other industry patterns. We hope that by assessing those trends and patterns, we can update the Material in ways that will make it more useful to users. We agree to protect Your privacy by removing all personal identifiers from any data that we collect into these non-personal, aggregate statistics. We will not disclose to third parties any identifying data unless: (1) You expressly tell or permit us to disclose such information or (2) we believe in good faith that we must do so to comply with legal requirements such as a laws, regulations, search warrants, subpoenas or court orders. If You have questions about how we aggregate data or how we use aggregated data, please contact REISA at email address reisa@reisa.com.au.

We may share Aggregate Data with third parties who provide products and services regarding property and real estate. In doing so, we ensure that such third parties have a privacy policy that applies to Your information. If You would like a list of who we provide Aggregate Data to, please contact REISA at reisa@reisa.com.au. If You do not wish to have Your aggregate data provided to third parties, please contact REISA at reisa@reisa.com.au.

Inconsistency

Should there be any inconsistency between the terms of use described herein with any other specific written agreement between the relevant parties, then the terms of that other specific written agreement will prevail to the extent of any inconsistency.

Privacy

REISA has a comprehensive Privacy Policy complying with the National Privacy Principals and AQTF Standards for RTO and Training and Skills Commission Policies on Registered Training Organisations and Accreditation of Courses.

A copy of REISA’s Privacy Policy can be found here.

Severability

If any of these terms of use are void, unenforceable or illegal, that term is severed. The remainder of the terms will have full force and effect.

Definitions

In these terms and conditions:

'Intellectual Property Rights' means all rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not), brand name, service mark, trade name, and any other rights of a proprietary nature, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any such rights.

‘Material’ means text, data, information, opinion and commentary, photographs, audio material, video material, any other any combination of these or other material featured on the website.

Last updated on 13 November 2013.