Terms & Conditions

Check My House Price Website Terms & Conditions of Use For Real Estate Agents

Section 1: Definitions

1. Check My Price Pty Ltd is the legal entity that operates the website www.checkmyhouseprice.com.au. Where applicable any reference to www.checkmyhouseprice.com.au also refers to Check My Price Pty Ltd and vice versa.
2. The abbreviation CMHP refers to www.checkmyhouseprice.com.au and/or Check My Price Pty Ltd.
3. Check My House Price is the registered trademark and name of the website www.checkmyhouseprice.com.au . Where applicable any use of the phrase Check My House Price is interchangeable with www.checkmyhouseprice.com.au and via clause 1, it is interchangeable with Check My Price Pty Ltd.
4. Subscription refers to the monthly fee paid by an agent who has been approved by CMHP to provide information relating to the possible sale price of a property to the homeowner.
5. POS refers to the point of sale system located on the CMHP website and most easily accessible from the web address www.cmhp.com.au.
6. The words website and site are interchangeable in this document.

Plain Language Terms and Conditions

Section 2: Terms

1. By using this site, you are agreeing, in full and without reservation, to be bound by these website terms and conditions, and the subscription terms and conditions stated in this document.

   You also agree to be bound by and responsible for compliance with all applicable laws and regulations of Australia as well as any applicable local laws in the country you are accessing the CMHP website from.

   If you don’t agree, with any of these terms, then you are prohibited from using or accessing this site and must navigate away from this site immediately. The materials contained on this website are protected by both copyright and registered trademark.

Section 3: Use Licence

1. You can download on a temporary basis, one copy of the website for the purposes of viewing and using the CMHP website. This is purely for personal, or approved commercial use – i.e you’re a real estate agent who is either already registered with CMHP or wishing to become registered with CMHP and on the website to subscribe to the service.
2. You are expressly forbidden from modifying, copying, decompiling or reverse engineering the website, code, systems and software on this site for any purpose.
3. You may not remove any copyright or proprietary notations from the materials.
4. You may no transfer the materials to another person or “mirror” the materials on any other server.
5. If you do modify, copy, reverse engineer or in any other way breach this licence by using the intellectual property on this site for other than it’s intended purpose, then you explicitly and without argument acknowledge, that you have through your actions, agreed to pay an intellectual property licencing fee of $100,000 per month, plus royalties of 25% of all revenue generated by any entity benefiting from the use of CMHP’s intellectual property, plus any legal fees associated with recovering these fees.
6. You also agree that in the event of clause 5 occurring, the licencing fee and royalties are also payable for any new website or entity, created after the modification, copying or reverse engineering of CMHP, that provides the same or similar services as CMHP as that new site or entity is deemed to have benefited from the intellectual property of CMHP.

Section 4: Subscription Licence

1. If applying for a subscription to a postcode, you agree that you are a licenced real estate who is legally permitted to operate a real estate sales business and perform real estate sales transactions in the postcode your are applying for a subscription to.
2. You acknowledge and agree to indemnify CMHP and all its associated entities from any liability associated with you performing your duties as a real estate sales person or business.
3. If approved, your subscription to a postcode will be exclusive for the period that you are subscribed.
4. You agree to provide any homeowner introduced to you by CMHP with a “Free House Price Report” – more commonly known as a market appraisal – within 48 hours of receiving the information.
5. The requests for these Free House Price Reports by homeowners, will be provided to you via email to the email address you have provided at sign up. These requests will also be stored on your agent dashboard, accessible via your login details that will be provided to you at sign up.
6. Any data provided to you by CMHP, has been provided for the sole purpose of completing the task of providing the homeowner with a “Free House Price Report” – commonly known as a market appraisal.
7. It is your explicit responsibility to obtain marketing permission from this homeowner, that satisfies the requirements of the Spam Act 2003, as well as the Privacy Act 1988 and any subsequent updates to these acts.
8. CMHP grants no permissions on behalf of the homeowner other than the permissions required for you, the agent, to complete the task of providing a Free House Price Report.
9. All data and personal information contained within any request from a homeowner, provided to you by CMHP, is explicitly owned by CMHP. In providing you with the data, ownership is not transferred to you or any other entity.
10. All data provided to you must be treated as personal, private information and must be stored in a way that is compliant with privacy legislation of Australia.
11. Payments for your subscription are on an automatically renewing basis and must be made at the beginning of each 30 day period. Failure to make this payment on time may result in your subscription automatically being cancelled and offered to another agent.
12. Notice of cancellation must be provided no more than 14 days before the due date of the next payment. Notice within this period will result in another payment being processed and the subscription cancelling at the end of the next 30 day period.
13. On termination of your subscription, all access to any data, homeowner requests and any other materials associated with CMHP will be removed.
14. CMHP has a strict “No Dickheads policy” – this means that at any time, if you are behaving in a manner that is inappropriate, abusive, negligent, incompetent, dishonest or lacks integrity, we can and will terminate your subscription without notice or refund.
15. Refunds are at the sole discretion of the CMHP management. Where we are at fault, we will endeavour to “make things right” – however the assignment of fault is at the sole discretion of the CMHP management.
16. As CMHP operates in an ever changing marketplace, price changes to your subscription may occur from time to time – in such an event, we will provide sufficient notice of a price rise to allow you to accommodate for it.
17. CMHP reserves the right to cancel the subscription of any agent without notice if in CMHP’s sole opinion the agent is no longer a “good fit” for the brand and service.
18. Any breach of these terms and conditions may result in the immediate termination of the subscription.

Section 5: Disclaimer

1. The materials on www.checkmyhouseprice.com.au website are provided as is. Www.checkmyhouseprice.com.au makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, www.checkmyhouseprice.com.au does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site, or any material supplied by the websites registered agents in the provision of a service to you.
2. Www.checkmyhouseprice.com.au is not responsible for the information provided by its registered agents. Any discrepancy provided between the appraisal provided by the sites registered agents and the eventual selling price of your property is not the responsibility or fault of www.checkmyhouseprice.com.au or its registered agents. Www.checkmyhouseprice.com.au and its registered agents provide a market opinion only and not a licensed or qualified valuation.

Section 6: Limitations

In no event shall www.checkmyhouseprice.com.au or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on www.checkmyhouseprice.com.au’s Internet site, even if www.checkmyhouseprice.com.au or a www.checkmyhouseprice.com.au authorized representative has been notified orally or in writing of the possibility of such damage.

Section 7: Revisions and Errata

The materials appearing on www.checkmyhouseprice.com.au’s website could include technical, typographical, or photographic errors. www.checkmyhouseprice.com.au will take all reasonable steps to ensure information appearing on the website is accurate. However www.checkmyhouseprice.com.au does not warrant that any of the materials on its website are accurate, complete, or current. Www.checkmyhouseprice.com.au may make changes to the materials contained on its website at any time without notice. www.checkmyhouseprice.com.au does not, however, make any commitment to update the materials

Section 8: Links

Www.checkmyhouseprice.com.au has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by www.checkmyhouseprice.com.au of the site. Use of any such linked website is at the user’s own risk.

Section 9: Site Terms of Use Modifications

Www.checkmyhouseprice.com.au may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current and future versions of these Terms and Conditions of Use.

Section 10: Use of Marketing Material provided by Check My House Price to you the Agent

Checkmyhouseprice.com.au provides marketing material to agents in order to allow them to print and distribute this material themselves. The Agent may undertake this activity in order to generate homeowner enquiries to the website. The Agent acknowledges that they must not modify the marketing material provided, that it must be printed in full colour in the original size intended by checkmyhouseprice.com.au and specified in the file description. Should an agent modify, or not adhere to this clause their subscription may be terminated immediately.

Section 11: Governing Law

Any claim relating to www.checkmyhouseprice.com.au’s website shall be governed by the laws of the Commonwealth of Australia without regard to its conflict of law provisions.

Section 12: General Terms and Conditions Applicable to Use of a website

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.