In these terms and conditions, “we” “us” and “our” refers to Vendor Compare Pty Ltd ABN 83 616 471 768 trading as Bricks and Agent.
These terms and conditions, as amended from time to time, are the terms and conditions for your use of our website and associated online channels (Website) including our mobile application as available for download from time to time through third party vendors or suppliers (App, and together with the Website, the ‘Platform’) and your use of our real estate agent and allied service provider marketplace (Service) to:
By accessing and using the Platform, you acknowledge that you have read, understood and agree to be bound by these terms and conditions for our Platform and Service (Terms).
Use of the Platform
1.1 You must use the Platform in accordance with these Terms. By using the Platform you warrant that you are over 18 and legally capable of entering into a binding contract.
1.2 You are solely responsible and liable for all activity and communication on the Platform initiated by yourself or via your registered account login (your Account).
1.3 You must not use the Platform for any unlawful purpose or fraudulent purpose, use the Platform to engage in any offensive conduct or breach of a third party’s intellectual property rights or interfere with the Platform’s operation or security.
1.4 You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
1.5 If you use a workplace email address or facilities for your Account or to access the Platform, then you are solely responsible for ensuring that you comply with and represent and warrant that you comply with your workplace rules.
1.6 You must not attempt to damage the Platform in any way or introduce any virus or harmful code to the Platform.
1.7 As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Platform, revoke your Account or remove any content that you have submitted to the Platform.
1.8 If you are an Agent or Service Provider, we agree not to restrict or remove access your access to the Platform or revoke your Account unless:
1.9 We may change the Platform and the Service from time to time at our discretion.
Use of the Service – for Agents and Service Providers
2.0 As an Agent or Service Provider, and subject to your compliance with these Terms, including payment of any applicable fees, you may use our Service to identify opportunities with potential Customers.
2.1 Information about Customers is provided “as is” based directly on the information provided to us by the applicable Customer. We are not responsible for the accuracy or completeness of any information provided by any Customer or for their authenticity, insurances or financial viability.
2.2 When you identify a potential Customer through our Service, you acknowledge that you are responsible for any checks that you may wish to make on the bona fides of the Customer, and that any resulting contract is made directly with the Customer. We are not a party to that contract and disclaim any responsibility for the Customer’s compliance, including payment obligations.
2.3 You are responsible for your compliance with your contract with the Customer, and indemnify us against any claim in relation to your engagement with the Customer.
2.4 When you post information on the Platform for potential Customers to respond to, you warrant that the information contained in the posting is accurate, not misleading, not defamatory, not offensive, does not infringe any party’s intellectual property rights, is not discriminatory and complies with all applicable laws.
2.5 You are responsible for obtaining and maintaining insurance at appropriate levels to cover any potential liability you may have in relation to your business and your contract with the Customer.
2.6 You are responsible for ensuring that you have all necessary licences, permits and authorisations in relation to your business and to permit you to perform your contract with the Customer. You must not use the Service as an Agent unless you are a licensed real estate agent, or as a Service Provider unless you have all applicable licences required by your industry, in the relevant jurisdiction, such as builders’ licences.
2.7 We may also include a function for you to provide a rating (with or without comments) for Customers. If you use the rating, you warrant that the information you provide is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws.
2.8 We may also include a function for Customers to provide a rating (with or without comments) for you. You acknowledge that we are not responsible for the content of any material submitted by Customers in the rating function or for the rating that you receive, and you accept the risk that the rating or comments may be unfavourable.
2.9 You acknowledge and agree that we can collect GPS data from you and your staff and contractors in order for us to provide the Service. You acknowledge and agree that you have obtained the express consent from any of your staff or contractor to our use of the GPS date for the purpose of us providing the Service. You assign ownership of all GPS data collected to us. To protect the privacy of Customers and your staff and contractors, we agree to use all reasonable endeavours to de-identify all GPS data collected from your staff and contractors other than as reasonably required to provide the Service.
3.1 As a Customer, and subject to your compliance with these Terms, you may use our Service to identify Agents and Service Providers for your real estate transactions.
3.2 If you submit information on the Platform for Agents or Service Providers to review, you warrant that the information is accurate, not misleading, not defamatory, not offensive, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws.
3.3 You must not use the Service to market a property unless you are the legally registered owner of the relevant property, or duly authorised as a trustee or attorney or under another authorisation that is valid in the jurisdiction where the property is located. If you are not the legally registered owner, you must disclose this to the Agent, along with the nature of your authorisation.
3.4 You must not use the Service to obtain services in relation to a property unless you are legally entitled to do so, for example as the legally registered owner, the tenant with the owner’s or agent’s authority, or as a trustee or attorney in relation to the property. If you are not the legally registered owner, you must disclose this to the Service Provider, along with the nature of your authorisation.
3.5 Information in Agent and Service Provider postings is provided “as is” based directly on the information provided to us by the applicable Agent or Service Provider. We do not check and are not responsible for the accuracy or completeness of any information provided by an Agent or Service Provider or for their authenticity, experience, skills, licences, financial viability, insurances or qualifications.
3.6 When you reach agreement with your selected Agent or Service Provider, you acknowledge that any resulting contract is made directly with the Agent or Service Provider. We are not a party to that contract and disclaim any responsibility for the Agent’s or Service Provider’s performance of the contract.
3.7 We may also include a function for you to provide a rating (with or without comments) for Agents and Service Providers you have used. If you use the rating, you warrant that the information you provide is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws.
3.8 We may also include a function for Agents and Service Providers to provide a rating (with or without comments) for you. You acknowledge that we are not responsible for the content of any material submitted by Agents or Service Providers in the rating function or for the rating that you receive, and you accept the risk that the rating or comments may be unfavourable.
4.1 The Platform may contain links to or advertisements from other third party websites. It is for you to decide whether these other websites should be relied on and you access third parties’ websites at your own risk.
4.2 The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and we do not endorse the content of these advertisements or websites nor provide any warranties regarding the accuracy of their content.
4.3 We may (but are not obliged) to vary, edit or remove information on, including content uploaded to, the Platform at any time for any reason, including where we suspect the information may breach these Terms.
5.1 As an Agent or Service Provider, when you register for our Service, you will complete your application for use of the Platform through our payment system. It is your responsibility to provide accurate payment information and we will not accept responsibility for issues arising from your provision of incorrect details, such as incorrect delivery or incorrect payment information.
5.2 By completing your application you agree to pay the fees as stated on our payment system from time to time.
5.3 You authorise us or our billing agent to process the payment for any and all fees due.
5.4 We will notify you in writing to your registered email address if there is a change to the Fee payable by you. Any such Fee change will take effect from the date as notified in the correspondence. Any overpayments will be credited or refunded to your account..
5.5 On cancellation or termination of your plan or restriction on your use of the Platform for any reason you will not be entitled to any refund of Fees paid to us.
5.6 If we incur an expense or loss in connection with your provision of incorrect payment information, you indemnify us for and we may seek reimbursement for that expense or loss.
5.8 If we are unable to successfully process a payment, then we may either give you an opportunity to update your payment details or notify you of the unsuccessful payment and cancel or restrict your access to the platform.
5.9 Our prices are in Australian dollars.
6.2 Except as otherwise provided in these Terms, all consideration payable under these Terms in relation to any supply is exclusive of GST.
6.3 If GST is payable in respect of any supply made by a supplier under these Terms (GST Amount), the recipient must pay to the supplier an amount equal to the GST payable on the supply. Subject to clause 6.4, the recipient must pay the GST Amount at the same time and in the same manner as the consideration for the supply is to be provided under these Terms in full and without deduction, set off, withholding or counterclaim (unless otherwise provided in these Terms).
6.4 The supplier or its agent must provide a tax invoice to the recipient before the supplier will be entitled to payment of the GST Amount under clause 6.3.
6.5 If these Terms require a party to pay, reimburse or contribute to any expense, loss or outgoing suffered or incurred by another party, the amount which the first party must pay, reimburse or contribute is the sum of:
(a) the amount of the payment, reimbursement or contribution, less any input tax credit in respect of the payment, reimbursement or contribution to which the other party is entitled; and
(b) if the payment, reimbursement or contribution is subject to GST, an amount equal to that GST.
6.6 If an adjustment event occurs in relation to a taxable supply under these Terms:
(a) the supplier must issue an adjustment note to the recipient within 7 days after becoming aware of the adjustment; and
(b) any payment necessary to give effect to that adjustment must be made within 7 days after the date of receipt of the adjustment note.
7.1 We make no representation and do not accept any responsibility for any quality issues, non-performance, inadequate performance or other issues in relation to an Agent’s or Service Provider’s performance of an engagement. Customers must raise any such issues with the Agent or Service Provider and seek any refund, resupply or other compensation directly from the Agent or Service Provider under the contract with the Agent or Service Provider.
7.2 In the case of any dispute or difference arising in relation to these Terms (Dispute), the Dispute will first be discussed between you and us. If we cannot jointly resolve the Dispute within 10 business days, the Dispute will be referred, at the request of either party, for mediation in accordance with the rules and procedures of the Australian Disputes Centre (ADC), by a mediator appointed by the ADC.
7.3 Each party must continue to perform its obligations during the period of any Dispute, except to the extent prevented by the nature of the Dispute.
7.4 Each party must bear its own costs of the mediation.
7.5 A party must not commence any proceedings, other than an application for urgent interlocutory relief, until it has complied with the provisions of this clause 7.
8.2 You acknowledge that information, data and content you provide may contain personal information or other identifiable characteristics and that such information, data and content may be disclosed to other users of the Service as part of the Service.
9.1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights or your fraud, negligence or misrepresentation.
9.2 To the extent permitted by law and except as set out in these Terms, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Platform or the Service. We do not warrant that the Platform will be uninterrupted, error-free or free from viruses or harmful code.
9.3 To the extent permitted by law we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose. You acknowledge that the Platform is provided "as is" and that we do not make any warranty or representation as to the suitability of the Platform or Service for any purpose.
9.4 To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, negligence or otherwise unless that loss arises as a result of our own negligence or wilful misconduct.
9.5 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise.
9.6 Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the service. For a minor failure, we may choose to provide you with a refund or re-supply the Service.
9.7 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
9.8 The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
9.9 Our Platform and Service are only for use within Australia.
10.1The contents of the Platform are the intellectual property of us and our licensors, and you must not copy or reproduce them.
10.2 Any third party trade marks included in the Platform are subject to the rights of the third party and remain the intellectual property of the third party.
10.3 When you provide any information, data or content to the Platform, such as a profile or posting or you make available information, data or content to the Service, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for any purpose and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content.
11.1 These Terms will be governed by and construed in accordance with the laws in New South Wales, Australia. By using our Platform and accepting these Terms you agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.
11.2 Our relationship with you is an independent contractor relationship, not an agency, partnership, joint venture, franchise or employment relationship.
11.2 If any provision of this agreement is found to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, that provision is deemed to be omitted without affecting the remaining provisions, which will continue in full force and effect.
11.3 These Terms may be updated from time to time. In the event that we update these Terms, we will notify registered users either by sending an email to your registered email address or by posting a message on the Platform which is accessible only by you. The amended Terms will take effect from the time the email is sent or the message is posted.