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Listing,
Prospecting,
Marketing,
Presentation
& Sales
Tools for Real Estate
Agents |
| Terms of Service |
Conditions of Membership
| Privacy Statement | Cancellation
Policy
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TERMS OF SERVICE
AGREEMENT
TERMS OF SERVICE AGREEMENT
By signing up for exclusive Membership with the Real Estate Treasure Chest you agree to the following Terms of Service.
This Terms of Service Agreement provides the terms and conditions governing the use and promotion of the Real Estate Treasure Chest.
You agree to use and promote the Real Estate Treasure Chest in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.
This Terms of Service Agreement is between the Real Estate Treasure Chest (as owned and operated by Sales Champions, West End, Qld, Australia) and all Subscribers and members.
Unless the context requires otherwise, the Real Estate Treasure Chest and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your/Subscriber/member", whether you are a Principal, Broker, Realtor or Sales Agent.
You understand that the Real Estate Treasure Chest and/or their assigns does not guarantee or predict any type of profit or response from said services. You as the Subscriber/Member irrevocably covenants, promises and agrees to indemnify the Real Estate Treasure Chest and/or their assigns and to hold the Real Estate Treasure Chest and/or their assigns:
(a) harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Real Estate Treasure Chest and/or their assigns may sustain,
or
(b) to which the Real Estate Treasure Chest and/or their assigns may become subject to, arising out of or relating in any way to the use of the services provided under this Terms of Service Agreement, including, without limitation in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
Due to the nature of these technologies and Internet stability or instability as the case may be, the Real Estate Treasure Chest and/or their assigns, may experience service interruptions. No full, partial, or prorata refunds will be made as adjustment for any such service interruption.
You as the Subscriber, hereby acknowledge that changes in the nature of the services which may be offered under this Terms of Service Agreement which are beyond the control of the Real Estate Treasure Chest and/or their assigns do not constitute grounds for any full or partial refund of any advance fees paid.
A. Termination. We may terminate your account:
(1) If any payments under this Terms of Service Agreement, are returned unpaid.
(2) If you violate our Terms Of Service Policy
(3) If you breach any term of this Terms of Service Agreement.
B. No Warranties.
We make no warranties to you of any kind, expressed or implied, with respect to the service that the Real Estate Treasure Chest, its subcontractors and affiliates provide you.
We expressly disclaim any implied warranty of merchantability or fitness of this service.
We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault.
We are not responsible for your lost profits or for your loss of data or information.
We take all reasonable precautions to ensure our database is secure and protected.
You understand and agree that we are under no obligation to export, extract, retrieve or "work" your database for you.
C. Your Terms.
You agree:
(1) to use our system in a manner that is ethical and in conformity with community standards;
(2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users,
nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user);
(3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property;
(4) to accept commercial email and similar offers presented through the the Real Estate Treasure Chest and Sales Champions' system.
If we learn of a violation or likely violation of our Terms of Service Agreement, we will attempt to notify you.
If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the Terms of Service Agreement, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
We strictly prohibit any involvement in unsolicited email campaigns, commonly known as SPAM. As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Spam Policy. Please read our Spam Policy.
You agree to indemnify and hold us harmless from any claim resulting from your use of this service which damages any person.
D. Assignment.
Definition of Principals or Brokers:
A Principal or Broker shall be the owner of a Real Estate business that acts on behalf of buyers and sellers of real estate property. This definition includes but is not limited to all Agents who work within the Re/Max system (for example), or some such similar system.
Definition of Agents, Sales Consultants or Realtors:
You are in the employ of a Principal or Broker and act on behalf of buyers and sellers of real estate property.
D1. Assignment of Principals or Brokers.
This Terms of Service Agreement is extended to the Agents or Sales Consultants or Realtors in your employ located within one office, for the duration of the employment period.
If the Agent, Sales Consultant or Realtor leaves your employ, you must ensure that they understand that they no longer have the right to access or use the materials from, the Real Estate Treasure Chest.
If you own more than one office (i.e. you have Real Estate Agencies in more than one location) then only the Team from one Office may be assigned user rights.
You may join more than once for the number of Agencies that you own.
For example, if you own 5 Agencies, then you may subscribe 5 times using a different identifier each time.
You may assign your rights to specified parties, under this Terms of Service Agreement by informing us of the name, address, email address and telephone number of each person whom you wish to allow access under the Terms of Service Agreement of your Membership.
Sales Champions will then assign a Password and Login for each individual's website access. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this Terms of Service Agreement.
When termination of employment occurs for whatever reason, you must inform us of the person's name, address, email, and telephone number.
Their details will then be removed from Password Access and Login.
D2. Assignment of Agents, Sales Consultants or Realtors.
In the case of Agents, Sales Consultants or Realtors who are not employed by a Principal or Broker, this Terms of Service Agreement is personal to you.
You may not assign your rights under this Terms of Service Agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, for example your Personal Assistant, you must advise of this person's name, address, email address and telephone number; and you shall remain liable to us for any fees due under this Terms of Service Agreement.
E. Change of Terms and Conditions.
We reserve the right to change the terms and conditions of this Terms of Service Agreement at our discretion. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this Terms of Service Agreement in accordance with our cancellation policy.
F. Notification of Account Changes.
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number or billing information changes.
G. Notices.
All notices, requests, demands, and other communications under this Terms of Service Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
H. General Provisions.
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this Terms of Service Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Terms of Service Agreement shall remain in force.
This Terms of Service Agreement constitutes the entire Terms of Service Agreement between us pertaining to its subject matter and supersedes all of our prior Terms of Service Agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this Terms of Service Agreement shall be binding unless executed in writing by both parties.
No waiver of any of the provisions of this Terms of Service Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
This Terms of Service Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.
If an organization is the Subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this Terms of Service Agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
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Real Estate Treasure Chest Subscribers
are entitled upon payment of the subscription fee
to receive Member Services (See condition 8.
hereof). None of these Membership Services may be
sold, copied, circulated, lent or reproduced in
any way other than for internal use within the Subscriber’s
own agency/business without the prior written
permission of Sales Champions of P.O. Box 5076,
West End Qld, Australia 4101, who holds the
unrestricted worldwide ownership and copyright
rights.
- Subscribers may use sections of the Real Estate Treasure
Chest material in their own
personal business newsletters, marketing materials
and news releases provided the source is
acknowledged and advice of the piece of work used,
and the format of use is provided to Sales
Champions. Source should be presented as: (C)
Dennis McMahon & Narelle Stratford
(insert name of website) 2005. Where any
other person is designated as the author, then
permission for use must be sought and approval
gained from that author on a personal and
individual basis by the Subscriber.
- Subscribers
from kindred industries and professions (including
but not limited to banks, solicitors, accountants,
trainers, computer hardware / software suppliers,
valuers, franchisors, marketing groups, listing
groups, management consultants, referral groups
and the suppliers of goods and services
businesses) may receive the Member Services for
their personal use.
They are not permitted to provide access to the
website, or to copy, distribute, sell
or loan the Member Services nor any part of them,
to any person outside the direct employ of their
business operation.
For example:
Franchisor Subscribers
may circulate copies to head office personnel but
not to franchisees; computer software suppliers
may not provide access to the website, or loan copies to their users;
Trainers may
not provide access to the website, or distribute copies at their training sessions;
Coaches may not provide access to the website, or
distribute copies to their
clients; Consultants may not provide access to the
website, or distribute copies to
their clients.
Exceptions:
Only those Licenced
Resellers of Sales Champions products and services
who have a current Agreement with us, may use the
Real Estate Treasure Chest and other Business
Treasure Chest Websites, for the purposes of
coaching and/or training their Clients.
Any
other person found to be on-selling our products or
services in conjunction with Coaching, Training or
Consulting
must enter into a prior Licenced Reseller
Agreement with Sales Champions for that express
purpose or be subject to legal action.
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Sales Champions reserves the right at its absolute
discretion to refuse any request for subscription
and the right to cancel any subscription where it
believes that decision is in the best general
interests of the majority of the Real Estate Treasure
Chest Subscribers. Its right to
refuse or to cancel shall be final and no
correspondence shall be entered into. Where a
subscription is cancelled by Sales Champions and
the Real Estate Treasure Chest, no
fees shall be returned to the Subscriber.
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The Real Estate Treasure Chest Subscribers
are entitled to certain Subscriber privileges such
as the right to receive, at no additional cost,
various Real Estate Treasure Chest
Products as listed in the Product Inventory from
time to time at the discretion of Sales Champions
and the Real Estate Treasure Chest. It
is a condition of subscription that these
privileges are only available where the
subscription fee is paid at least one calendar
month in advance.
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Any person, company or entity who breaches these
copyright conditions either as the supplier or
receiver of non-authorised material may have legal
action taken against them for amongst other things
breach of copyright and theft of intellectual
property.
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Subscription to the Real Estate Treasure Chest shall be paid one month in advance
when first subscribing, and then one month later,
shall be paid in advance for the next 3 months, on
a 3 monthly recurring basis. The
subscription fee is payable at least three month's
in advance at all times, following the initial
subscription payment.
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The Real Estate Treasure Chest Member
Services are those products and services as listed
from time to time on Sales Champions
websites. Sales Champions reserves the right
at its absolute discretion to add, vary or delete
any services or products provided to Subscribers
and to vary the subscription fee payable for those
services and
products.
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Payments must be made via
the payment methods designated.
Please make sure you also read the Privacy and SPAM Policies for this site.
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