Bestagents Group trading as Realty Marketing Systems (ABN: 73 841 083 525) (the Licensor)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING YOUR BESTAGENTS MEMBERSHIP APPLICATION.
THIS LICENSE AGREEMENT (“AGREEMENT”) GOVERNS USE OF THE MEMBERSHIP UNLESS YOU AND BESTAGENTS (“BESTAGENTS”) HAVE EXECUTED A SEPARATE AGREEMENT.
1. Grant of License
The membership is licensed, not sold. Bestagents and its licensors own all rights, title, and interest in and to their applicable contributions to the membership, including all intellectual property rights therein. The membership is protected by Australian copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the membership as delivered to you.
4. Regular Monthly payments
The member acknowledges, accepts and authorizes REALTY MARKETING SYSTEMS Pty Ltd to process payments using the member’s nominated Credit Card on a monthly basis for the agreed term of the membership and for the agreed initial joining amount and regular on-going monthly membership amount.
The member undertakes to make sure the nominated credit card is current and able to be processed in accordance with the terms and conditions of membership. (In the event a member’s credit card needs replacing or updating, the member may, at any time, access their account at https://bestagents.customerhub.net to update their billing information)
Please note that REALTY MARKETING SYSTEMS PTY LTD. will appear as the merchant on the member’s monthly Credit Card statement.
5. Term and Termination
a) All memberships are for a 12 month period then monthly.
b) The initial 30 days is considered a trial and new members will receive a full refund on acknowledged request if they wish to terminate their membership during that period and if they return products delivered to them (such as books) as part of their membership.
c) Should a member wish to terminate their membership after the 30 day refund period and prior to completion of the initial 12 month membership, 90 days notice in writing is required. Once a member gives notice of termination during this period an amount equal to 3 months (90 days) membership will be charged against the member’s credit card. In the event the members’ authorized credit card associated with their Bestagents account is unable to be processed, the member hereby consents to Bestagents authorizing and appointing a debt recovery service of their choosing to initiate contact with the member and arrange full recovery of the outstanding amount. The member acknowledges full responsibility for and payment of all recovery expenses.
d) Once the initial 12 month membership period has passed, a member may give notice to terminate their Bestagents membership by giving 30 days in writing.
e) Where a membership ceases for whatever reason the former member agrees to immediately cease using any and all Bestagents products including hard copy books, materials, endorsements and agrees to immediately remove at their own expense, any and all advertising from any and all locations whether they are fixed, mobile, online (website or Facebook) or ongoing in any way physical or digital. PLEASE NOTE: MEMBERSHIP CEASES WHEN NOTICE IS GIVEN
f) Where a membership ceases to exist for whatever reason the former member agrees to immediately cease using any and all letters or ANY other material supplied including the former members Certificate of Accreditation in any way or access the former members Bestagents membership (which is protected by copyright meaning the use thereof would be a direct copyright infringement).
g) If it is established a former member has continued to use any Bestagents product/s in any way either by general offer, implied, physical or digital, for a period beyond 30 days from the cessation date then the former member shall be liable for payment to Bestagents of an amount equal to three times the former member’s monthly subscription amount for any part of a monthly period after 30 days from the members cessation date and for each 30 day period thereafter.
h) In the event Bestagents approves an application for a fully branded Bestagents membership office in a postcode granted under license to an existing non branded member, Bestagents reserves the right to terminate the existing non-branded membership by giving 30 days notice.
i) The ‘Cessation’ date is the date the member gives notice to terminate their membership.
j) In the event a members monthly membership subscription remains unpaid for a period exceeding 30 days, and that membership is greater than 30 days from commencement but less than 12 months from commencement, Bestagents reserves the right to terminate this membership and execute the cancellation policy as specified and detailed in part C of this condition (4. Term and Termination). In the event the members’ authorized credit card associated with their Bestagents account is unable to be processed, the member hereby consents to Bestagents authorizing and appointing a debt recovery service of their choosing to initiate contact with the member and arrange full recovery of the outstanding amount. The member acknowledges full responsibility for and payment of all recovery expenses.
6. Duty of performance
It is a condition of membership that each Bestagents member acknowledges his or her duty to perform. You agree to actively promote your Bestagents membership on a regular basis. This includes regularly marketing your free book offer into your exclusive postcode, including offering copies of the book with your pre listing kit, regularly participating in monthly webinars, responding to email communication and generally taking full advantage of your membership privileges. (In other words, using your membership) Bestagents reserves the right to ask you to produce evidence to this effect and in the event you have failed to participate may terminate your membership by giving 30 days notice.
7. Disclaimer of Warranty
The membership is provided “as is”, without warranty of any kind. Bestagents does not warrant that the membership will meet your requirements or that the membership will be error-free or uninterrupted. Bestagents expressly disclaims all warranties and conditions, express or implied, relating to the membership and any data accessed therefrom or transmitted thereby, or the accuracy, timeliness, or completeness of the membership and any data accessed therefrom or transmitted thereby, including any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties and conditions arising out of course of dealing or usage of trade. No advice or information, whether oral or written, obtained from Bestagents or elsewhere will create any warranty or condition not expressly stated in this agreement.
8. Limitation of Liability
In no event will Bestagents be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) or for the cost of procuring substitute products arising out of or in connection with this agreement or the use or performance of the membership, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Bestagents has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. In any case, Bestagents entire liability under any provision of this agreement shall not exceed the amounts of the fees that you paid for the membership (if any). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Bestagents and its officers, directors, employees and agents harmless from and against any claim, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees, made by any third party in connection with or arising out of your use of the membership, your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
All currency amounts referred to within this site are expressed in Australian Dollars (AUD).
This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Bestagents prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notice or other communications to be given under this Agreement will be in writing and given (a) by Bestagents via email (in each case to the address that you provide). The date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Bestagents have executed a separate agreement.
12. Contact Information
If you have any questions regarding this Agreement, you may contact Bestagents at firstname.lastname@example.org or by post to Ray Wood at Realty Marketing Systems, PO Box 7537, South Penrith LPO NSW 2750, Australia. Phone: Mon to Fri 9am to 5pm 1300 556 663
IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO INSTALL AND USE THE MEMBERSHIP, PLEASE CLICK THE “AGREE” BUTTON AFTER CLICKING THE “CONTINUE” BUTTON. OTHERWISE, PLEASE CLICK THE “DISAGREE” BUTTON AND THE INSTALLATION PROCESS WILL STOP.