International Business & Introduction Brokers
Internet Marketing Services
Membership Agreement
For all Australian States
The Agreement is between:
International Business & Introduction Brokers, ABN 43 119 381 927, (INBIB) which operates an Internet site on the World Wide Web, www.inbib.com (“the Site”) and
You, ‘The Broker’. It is a condition of the Services that the Broker is a real estate/business broker or agent licensed in accordance with the laws of the State in which business is conducted.
1. Provision of Services
a) In return for the applicable payments to be made by the Broker under clause 4, INBIB will provide the Broker with the services described in the Schedule together with any associated services which INBIB may from time to time agree to provide the Broker with (“the Services”).
b) Provision of the Services shall commence on the first day of the month which follows the date that The Broker’s Application is accepted By INBIB or as otherwise agreed INBIB may from time to time amend the scope of the Services by giving The Broker notice in writing.
2. User Name and Password for Members’ Area
a) The user will nominate their own username and password at time of registration.
b) The Broker’s Password must not be shared, transferred, or used by any person other than the Broker’s authorised personnel.
3. Use of the Site
a) If a property or business being advertised on the Site has been withdrawn or leased or sold, then it is The Broker’s responsibility to remove the relevant Listing from the Site within 30 days of it having been withdrawn, leased or sold.
b) In this agreement, a “Listing” means all information, details and content (including digital images) about a property and any web site address submitted by The Broker for publication on the Site.
4. Payment
a) In return for the Services, The Broker shall pay INBIB the amounts specified in the Schedule. All payments are to be made in advance of the period to which they relate with the first payment to be received prior to the Commencement Date.
b) If The Broker fail to make a payment by the applicable due date, INBIB may, without notice, remove the Broker’s Listings from the Site and revoke or suspend The Broker’s access rights to the Site.
c) If this agreement subsequently reverts to a month to month agreement, INBIB may amend the amounts payable for the Services at any time without notice.
5. The Broker’s other obligations
a) The Broker is responsible for the accuracy of all Listings submitted by The Broker for publication on the Site. The Broker is responsible for the content of any website. The Broker may link to the Site and for ensuring that all information published on the Site for which The Broker is responsible is updated as necessary and is true and accurate.
b) The Broker grants to INBIB for the duration of this agreement, a non-exclusive, worldwide licence to use and reproduce all and any information and material provided by The Broker (including any copyright material and trademarks), for the sole purpose of and in connection with, the presentation and promotion of the Site and The Broker’s listings.
c) The Broker agrees not to do any of the following in respect of the Site:
i) act in a manner which negatively affects other users of the Site;
ii) say or do anything that is misleading or deceptive or which is likely to mislead or deceive (such as posting a property listing which is fictitious or which The Broker know to be non-current);
iii) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
iv) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy rights or which is infringing of copyright, a trademark or any other proprietary right;
v) post or transmit any material of any kind which contains a virus or other harmful component;
vi) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and/or
6. Liability and Disclaimer
a) To the extent permitted by law, INBIB gives no warranty or undertaking and makes no representations or promises regarding the Site or the Services, and it excludes all conditions and warranties that would otherwise be implied in this agreement.
b) INBIB has no obligation whatsoever to monitor the Site or to edit, delete or refuse to post any Listing, nor is it responsible for the contents in any material posted or transmitted by other users of the Site (which shall be the responsibility of the persons or entities posting that material).
c) The Broker acknowledges that INBIB may from time to time edit, delete, refuse to post or remove any Listing (in whole or in part) that in INBIB’s opinion is in any way objectionable or in violation of any applicable law or the terms of this agreement.
d) INBIB reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
e) The Broker shall not hold INBIB liable for:
i) the accuracy of any Listing published on the Site;
ii) the public perception of any Listing published on the Site;
iii) any editorial or comment material supplied by The Broker;
iv) any sale, lease, valuation or other transaction or inquiries that result (or which fail to result) from the Listing being published on the Site;
v) any data loss, downtime, or unavailability of the Site (including in the situation where INBIB permits the Broker to frame or mirror content from the Site on The Broker’s own web site);
vi) INBIB’s delay in publishing or failure to publish a Listing on the Site or related media such as brochures, lists and displays, and
vii) any failure by INBIB to remove the information from the Site.
f) In the case of any breach of this agreement or any negligence for which INBIB is responsible, or breach of a condition or warranty that legislation prohibits INBIB from excluding (which condition or warranty shall accordingly be included in this agreement), INBIB’s liability to The Broker shall be limited, at INBIB’s option, to:
i) supplying the relevant services again;
ii) the payment of the cost of having the relevant services supplied again; or
iii) a refund of the cost of the relevant services.
g) Subject to clause 6, INBIB excludes all other liability to The Broker for any costs, expenses, losses and damages suffered or incurred by The Broker in connection with the Site or Services, or in connection with any Listing published by INBIB. Without limitation, in no circumstances is INBIB liable for any indirect or consequential loss (such as data loss or loss of income or business opportunity) that The Broker or anyone else may suffer.
7. Indemnity
a) The Broker agree to indemnify INBIB and its employees, agents and officers against all actions, claims, demands, liability and/or proceedings arising from or in connection with:
i) The Broker’s breach of these terms and conditions;
ii) The Broker’s negligent or unlawful act or omission; and/or
iii) any content provided by The Broker (or by any person using The Broker’s Password, whether or not The Broker have authorised such use), to INBIB pursuant this agreement and which is published on the Site or in other related media prepared by INBIB such as brochures, lists and displays.
8. Conclusion of Agreement
a) Unless ended earlier in accordance with the terms and conditions herein, this agreement:
i) continues for the Term specified in the Schedule accompanying The Broker’s agreement; and
ii) will automatically continue on a month to month basis on the same terms and conditions, provided that The Broker pay and INBIB accepts payment of, the applicable fee.
b) If The Broker breaches this agreement INBIB may immediately terminate this agreement and cease the provision of Services and any charges paid by The Broker shall be forfeited to INBIB.
9. General
a) If any provision in this agreement is or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder of them shall continue unaffected.
b) The agreement shall be governed by the laws of the State of the Broker’s Office and The Broker agrees to submit to the exclusive jurisdiction of the Courts of that State.