Terms & Conditions (Partners)

To access all facets of the “partnership program” (the “PP”) you must agree with the Terms and Conditions of use below. Your inclusion in the PP indicates your acceptance of these terms and conditions.

The terms and conditions of the PP are subject to change at any time and at the sole discretion of Real Plus Services Pty Ltd (‘Real Plus’).

1. General

1.1 This agreement is made between you (‘You’) as a member of the PP accessing the associated entitlements and Real Plus as the owner and operator of the Platform.

1.2 You may authorise your staff to provide brand required materials, resources, create video content, deliver webinars & Partner Showcase, develop module content and any other element requestd by Real Plus.’ for whom:

• (a) You are responsible in relation to the employee’s content and the Employee’s compliance with these Terms and Conditions; and
• (b) You indemnify Real Plus for any loss, damage, claims, costs or expenses arising out of the provision of materials, resources and their content be that live or static for the access of Real Plus, their users or the wider Real Plus Audience.

1.3 This agreement constitutes the terms and conditions in respect of Your:

• (a) materials provided for the Platform, including all materials, written works, literary works, programs, software, and all other content provided to the Platform; and
• (b) provision of of:
• (i) educational and continuing professional development (‘CPD’) materials

1.4 Any provision of materials or delivery of content for use of this Site or its associated business by You or any employee will constitute acceptance of these Terms and Conditions.

2. Use of the site and Fees

2.1 Real Plus, at its sole discretion, will determine and publish the fees payable in relation to use of the PP(the ‘Fees’).

2.2 The publication of Fees may be via display online at the Platform, or via any other reasonable means chosen by Real Plus.

2.3 For You to access and/or use the PP You must have paid the Fees.

2.4 Unless expressly stated to the contrary in writing by Real Plus, the Fees quoted do not include any sales, goods and services, value added, customs or any other applicable government taxes or duty, the cost of which You will bear.

2.5 Your use of the PP is restricted to facilitating access to the Program.

2.6 All payments must be made via direct debit by way of an acceptable credit or debit card using our secure third party online payment processor or other means as agreed in writing.

2.7 All PP’s are created for a minimum period of 12 months and will be renewable prior to the next financial year end and no earlier. Should the financial year end be less than 12 months from the date of the commencement of the agreement, the minimum 12 months will apply.

• (i) Agreement cancellation must be received 30 days prior to the end of the 12 month fixed term by You or your employee. Notice must be received in writing and acknowledge in writing by Real Plus for this to take affect. Confirmation will not be unreasonably withheld by Real Plus, however Real Plus extends this term to ensure all parties are aware of the impending cease of agreement. Failure to provide written notice of termination by the due date will result in an automatic renewal of the agreement for a further 12 month period, and the same will apply at the anniversary of every 12 month term. Real Plus may alter its Fee structure or the rate of the Fees at any time and in its sole discretion.
• (ii) As a courtesy, advanced notice of intended alterations in Fees will be announced by notice via email to your identified contact.
• (iii) Increases in Fees will not be retrospective from the time of the notice posted on the Platform.
• (iv) Despite clause 2.7
• (iii) above, any increased usage of optional upgrades to your PP by You or any employee for which a higher charge is levied by Real Plus but which increase is not immediately levied by Real Plus entitles Real Plus to retrospectively charge You the shortfall between what was paid and what should have been paid under the upgrade.

3. Links from the Platform

3.1. The Platform will contain links to other Platforms that are owned and operated by third parties. Real Plus has no control over these linked sites (including those of third parties affiliated with Real Plus – YOU and others in the PP) all of which have separate terms of use and privacy and data collection practices, independent of Real Plus.

3.2 Real Plus has no responsibility or liability for these terms or practices or the content of such Platforms, and makes no representation or warranties about the products or services they may provide.

3.3 If You or any employee or User chooses to access these linked sites, You and/or the employee and User does so at their own risk.

3.4 Real Plus is not liable for any loss, damage, claims, costs or expenses arising out of You or any employee or User accessing another Platform, and You and the employee will indemnify Real Plus against all loss, damage, claims, costs or demands in this regard.

4. Confidentiality

4.1. The results of all assessments from educational activities undertaken on the Platform will:

• (i) not be made available to You, and
  Will be made available to the user and to Real Plus employees and contractors for the purposes of providing Services to the User; and
• (ii) not be made available to any Government or regulatory body (unless required by law to be so provided) without the users express written consent.

4.2 Data and information enter into the Platform is the property of Real Plus and, subject to clause 5.1, may be used by Real Plus in its absolute discretion.

5. Intellectual Property

5.1. Intellectual property:

• • (i) of any kind including, without limitation, all trade marks, goodwill, copyright, moral rights, get-up, designs and all other such property; and
  • (ii) whether registered, unregistered, legal, equitable, inchoate or otherwise,

in the Platform and the Services, is:

• (iii) unless otherwise indicated in writing owned by Real Plus; and
• (iv) You acknowledge that You have no claim, interest, right, title or expectation to any of that property once it has been provided to Real Plus by you or your employee

5.2. All unauthorised copying, downloading, reproduction, distribution adaptation, modification or other communication of any materials, written works, literary works, programs, software, and all other content of the Platform is prohibited by You or Your employee without expressed permission in writing by a Director of Real Plus

5.3 You and the employees acknowledge that breaching these Terms and Conditions may infringe not only the rights of Real Plus, but also the rights of third parties. Without limiting any other provision of these Terms and Conditions, You and each employee agree to indemnify Real Plus in respect of:

• (i) any loss, damage, injury or outgoing it suffers due to the breach of these Terms and Conditions; and
• (ii) all claims, demands, requests and proceedings brought by third parties (including all legal fees and interest) arising out of or in relation to Your or a employees breach of these Terms and Conditions.

6. Presentations, Warranties and Disclaimer

6.1 The information and other material contained (whether visual, written, audible, binary, electronic or others) in the Platform and the Services (the ‘Owned Content’) is offered ‘as is’ and in relation to the Owned Content Real Plus makes no representations or warranties of any kind whether expressed, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non infringement or the presence or absence of defects or errors.

6.2 The Owned Content is subject to change at any time without notice.

6.3 The Platform and the Services are provided for education and training purposes only and are not intended to be, or as a substitute for, advice.

6.4 Real Plus:

• (i) will use all reasonable endeavors to provide current and accurate information, however the Platform and the Services may contain errors;
• (ii) does not represent that the Owned Content is current, accurate or complete, or that it is appropriate for Your or the User’s specific requirements;
• (iii) does not accept any liability from any person for the information or advice (or the use of such information or advice), which is provided on the Platform, any web site linked from it, the Services or the Owned Content.

6.5 Real Plus cannot guarantee the safety of Your or the User’s computer systems including all hardware, software, networks, servers or any other component of such computing tools and You and each User release Real Plus from all liability or claim for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Platform, the Services or the Owned Content.

6.6 You and each User acknowledge You and the employees enter and use the Platform, the Services and the Owned Content at their own risk.

7. Liability

Despite any other clause of these Terms and Conditions:

• (a) Real Plus’s liability, and the liability of its related bodies corporate, for any loss, damage, claim, expense, debt or outgoing arising out of or in connection with access or use of the Platform, the Services or the Owned Content – whether individually or aggregated – will be limited to an amount equal to Your Fees for the financial year in which You first notify Real Plus of the loss, damage, claim, expense, debt or outgoing; and
• (b) Real Plus and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these the Platform, the Services or the Owned Content.

8. Indemnity

You and each employee will indemnify Real Plus in respect of all loss, damage, costs, expenses (including legal fees – whether on a party basis or on an indemnity basis – and interest), fines, penalties, claims, demands and proceedings howsoever arising, whether at law (including negligence), in equity, under statute or in connection with any of the following:

• (a) any breach of these Terms and Conditions by You or any Employee;
• (b) Your use of the Platform, the Services or the Owned Content; or
• (c) without limiting the foregoing, any claim that the use of the Platform, the Services or the Owned Content or any material You or any employee submits to the Platform, the Services or the Owned Content that infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

9. Prohibited Uses

9.1 In using the Platform, the Services or the Owned Content You and each employee must not:

• (a) engage in marketing or commercial promotion of products or services outside of the PP conditions;
• (b) impersonate or falsely claim to represent a person or organisation;
• (c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
• (d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person; or
• (e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component

10. Jurisdiction

10.1 This agreement is governed by and must be construed in accordance with the laws of New South Wales and the Commonwealth of Australia.

10.2 The parties submit to the exclusive jurisdiction of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.

11. Notices

11.1 You may serve a notice on Real Plus for the purposes of this agreement by sending an email to the email account (as registered with “auDA”) of the administrator of the Platform.

11.2 Real Plus may serve a notice on You or any employee by sending it to Your email address provided to Real Plus in Your registration process.

11.3 Notices will be deemed to have been served one hour after transmission by email in accordance with this clause 11.

12. Changes to the User Agreement

12.1 Real Plus may add, remove or change the provisions of this agreement from time to time.

12.2 All changes will be notified to you by being posted on the Platform.

12.3 It is Your and the employees responsibility to refer to these additions and changes.

12.4 Changes will come into effect immediately on being posted on the Platform and You or the employee will be deemed to have accepted the change if You or the employee (respectively) continue to access the Platform after that time.

12.5 If You or the employee do not wish to accept the change the agreement must be terminated before further use of the Platform, the Services or the Owned Content.

13. Advertising Material.

13.1 Advertising, sponsorship and other commercial promotions from You and your employees in line with the PP, together with other third parties may appear on the Platform, the Services or the Owned Content. Such materials may include links to other Platforms operated by You and other third parties. Each party is responsible for ensuring that such Platforms comply with all relevant local laws and regulations.

13.2 To the extent permissible by law Real Plus disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.

14. Miscellaneous

14.1 Each party will promptly execute all documents (if any) and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms and Conditions.

14.2 The failure of any party to insist upon a strict performance of any of these Terms and Conditions will not be deemed a waiver of any subsequent breach or default in these Terms and Conditions.

14.3 If any provision in this agreement is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.

14.4 You or the employees are not permitted to assign any of rights, benefits or obligations under these Terms and Conditions without the express written consent of Real Plus.

14.5 This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms and Conditions, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms and Conditions.

14.6 Headings have been included in these Terms and Conditions for convenience only and are not considered part of, or be used in interpreting, these Terms and Conditions.

14.7 All details contained with Your personalised Partnership Plan are to be considered a guide only and subject to change at the discretion of Real Plus. Changes are done for the benefit of the User

15. Privacy

15.1 Personal information provided to Real Plus through use of the Platform, the Services or the Owned Content will be handled in accordance with the following “Real Plus Privacy Policy”:

• 1. Collecting Information
  Real Plus use information that You, or employees, or Users provide about themselves as well as information that is collected from the Learning Management System (LMS) and web-hosting software used to operate the Platform.
• 2. Information provided by users
  Like most online organisations Real Plus gathers and tracks information that You, your employees or the Users provide through registration and subsequent access to the Platform, the Services or the Owned Content.
• 3. Information collected from the LMS and web-hosting software
  The information gathered from the LMS assists in offering the most appropriate Platform functions for the user. The LMS automatically identifies Users as they login and records their use of the Platform. Real Plus also collects identified information as well as aggregated anonymous information about Platform usage. Collecting aggregated information about overall patterns of the Platform use allows us to modify and improve the Platform, the Services and the Owned Content to best serve your professional development requirements. Information of this nature will not be made available to You or Your employees.
• 4. Information Storage
  Information You, your employeesor the Users provide to Real Plus and information concerning Your or the User’s use of the Platform, the Services or the Owned Content may be held at Real Plus’ offices. You, your employees and the Users have the right of access to, and correction of personal information held by Real Plus, but not the right to withdraw that information from Real Plus. If You, your employees r the Users wish to know what information Real Plus hold about you, please e-mail Real Plus using the online contact form or postal addresses detailed under Contact Us.
• 5. Disclosures we might make
  Real Plus will disclose information we maintain when required to do so by law such as might occur in response to a court order or in response to a request by a law enforcement agency.
• 6. Promotional Mail
  Unless You, the employees or the Users have otherwise indicated on your registration or personal profile we may, from time to time, email You, your employee or the User information on selected products and services that may be of interest to you as a real estate professional. You, Your employee or the Users may opt out of receiving this information by unsubscribing to email newsletter by clicking on the unsubscribe link included in all email.

16. Future Changes

From time to time, all our terms, conditions and policies are reviewed and may be revised. Real Plus reserves the right to change its privacy policy at any time and notify You, your employees and the Users by posting an updated version of the policy on our web-site.