Access to FPA Sales app
Your access will be dependant on the executed agreement:
Terms & conditions of usage
Frasers Property Australia (FPA) maintains and operates a Sales Agent Portal for secure use by you (“End Users”). By using the Portal, the End User accepts and agrees to the terms and conditions set out in this Agreement. If the End User enters into an end user access agreement with FPA in respect of this Portal, the terms of that end user access agreement prevail to the extent of any inconsistency with the terms of this Agreement.
1. Definitions
Tools means the functionality of the Portal available for use by the End User, including:
(a) Review available stock that has been allocated to the End User
(b) Place a reservation on an available stock item or contact our FPA Agent Alliance Manager to place a stock hold on your behalf
(c) Search for, download and access stock related information
(d) Search for, download and access project/development related information(e) Access imagery, plans and videos available on the portal
2. Use of the Portal
(a) FPA will issue the End User with a username and password to enable use of the Portal. The End User is solely responsible for maintaining the confidentiality of the username and password and for all activities that occur under the account of the End User. The End User must notify FPA of any unauthorised use of its account or any other breach of integrity or security of the Portal immediately the End User becomes aware of it.(
(b) The End User must use the Portal in accordance with this Agreement only for the purposes of selling FPA properties.(c) The End User must not bypass any security mechanisms imposed by the Portal or use the Portal in any manner or for any purpose that is unlawful or in any manner that violates any rights of FPA.
The consideration for the End User entering into this Agreement is the provision of the use of the Portal, including the Tools, by FPA and the End User acknowledges that such consideration is valuable consideration.
3. Portal content
FPA is either the owner or the licensed user of the copyright in the materials and information on the Sales Agent Portal (the “Portal”) including without limitation any logo, graphics, videos, computer generated imagery, photography, floor plans, floor plates, text and their arrangement ("Content"). You may distribute, republish, download, display, post or transmit the Content in forms approved by FPA or by any means approved by FPA including but not limited to electronic, mechanical or otherwise without the prior written consent of FPA provided you only use the Content for the permitted purpose of advertising or marketing FPA products and projects and to assist in the sale of FPA products and projects and for no other purpose. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
FPA reserves the right to remove any Content from this Portal at any time.
3.1 Your conduct when using this Portal
You acknowledge and accept that your use of the Portal indicates your acceptance of this licence and that you are responsible for all of your activity in connection with accessing the Portal.
In accessing the Portal, you must not:
(a) take any steps to obtain unauthorised access to this Portal or any parts thereof that you or your agency have not been given access to;
(b) Modify content/imagery/videos or interfere with or make attempts to disrupt or interfere with:
(i) the Portal;
(ii) Any content contained within the portal;
(c) engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Portal;
(d) use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this Portal except where such use, copy or translation is for the permitted purpose of advertising or marketing FPA products and projects and to assist in the sale of FPA products and projects
(e) take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Portal;
(f) reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Portal;
(g) use or attempt to use the Portal to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.
4. User Responsibility
In accessing this Portal, you acknowledge and agree that:
(a) You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Portal. FPA reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Portal;
(b) It is your responsibility to ensure that the customer that you submit a hold reservation on behalf of provides consent to you reserving the property and providing their personal information (as set out in the reservation form) to FPA;
(c) To the best of your knowledge and belief, any customer for which you place a hold has legitimate intentions to proceed with the sale;
(d) You will only place one reservation for a customer and will not place multiple holds for the one customer unless they are intending to purchase each of the properties placed on hold;
(e) All users of the Portal must be approved in advance of access by FPA; and
(f) If FPA issues you with a password that permits you to access certain parts of this Portal, you are solely responsible for any use of the Portal through such access and you cannot provide access or give your password details to any other person including any competitor of FPA.
5. Indemnity
You must indemnify and keep FPA (and its related bodies corporate, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Portal, your breach of provisions this licence, or your breach of any rights of third parties.
6. Trademarks
The "FPA" name and all its associated trademarks are trademarks of FPA. Any other trademarks appearing on this Portal may be the trademarks of the relevant owners. You must not use any trademarks that appear on this Portal without the written consent of the trademark owner, with such written consent not required where such use, copy or translation is for the permitted purpose of advertising or marketing FPA products and projects and to assist in the sale of FPA products and projects.
7. Disclaimers
While FPA will endeavour to ensure that all information provided on the Portal is complete, accurate or up to date, the Content and this Portal are provided "as is" and "as available" and FPA takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Portal will not cause FPA to be in breach of the terms of the licence.
To the maximum extent permitted by law, FPA:
(a) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
(b) will not be liable for any cost, loss or damage suffered by you through your use of the Portal or FPA’s failure to provide access to the Portal or any Third Party Websites or any information updates.
(c) The Content may contain general information about FPA’s products and services. Unless expressly stated otherwise, the Content does not:
(d) constitute an offer or inducement to enter into a legally binding contract;
(e) form part of the terms and conditions for FPA’s products and services;
(f) purport to provide the customer with personal financial or investment advice of any kind; or
(g) take account of the customer’s particular financial position or requirements.
The Portal will include information about stocks and their prices. The information made available on stock prices on the Portal does not necessarily reflect the current or "real time" price of the stock. Images and diagrams on this Portal are intended to be a visual aid only and do not necessarily accurately depict the object described.
8. Warranties
FPA does not warrant or make any representations:
(a) that the Portal or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing the Portal; or
(b) in relation to the use or the results of the use of the Content or the Portal as to their correctness, accuracy, reliability, or otherwise; or
(c) that use of the Portal will be compatible with the hardware and software you are using to access it; or
(d) that the functions contained in the Portal will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Portal are free of harmful components.
FPA will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.
Subject to any responsibilities implied by law and which cannot be excluded, FPA (including our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Portal (or material accessed via this Portal), or to access of the Portal by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on FPA, or implied into this licence, under any law are hereby excluded.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of FPA for breach of any such implied term will be limited to the maximum extent possible, at the option of FPA, to any one or more of the following:
(a) The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
(b) The repair of such goods or services.
(c) The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
(d) The payment of the cost of having the goods repaired or the services performed again.
(e) Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act or any other legislation which may not be excluded, restricted or modified by agreement.
FPA reserves the right to make any change, add or remove any material in or from the Portal without notice. FPA may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
9. Termination and suspension
FPA reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Portal as well as this Portal at any time. All provisions of this licence which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.
10. Waiver
Failure or neglect by FPA to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of FPA under this licence. No waiver by FPA of its rights under this Licence shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
11. Currency
A reference to "$" or "dollars" throughout the Portal is a reference to Australian currency and all prices include GST unless stated otherwise.
12. Compliance by employees and sub-agents
I agree to ensure that both my agency and also each of the sales agents employed or engaged by my agency complies with these terms and conditions.
13. Regular updating of access
I agree to ensure that access to the Portal by individual sales agents employed or engaged by my agency is regularly monitored and updated, including removing the access of any sales agents employed or engaged by my agency within 1 business day of such sales agent has ceasing to be employed or engaged by my agency
14. Acceptance
I acknowledge and agree to these terms and conditions and that the consequence of not complying with these terms and conditions could result a number of sanctions, including but not limited to in my access to the Portal being revoked and FPA terminating my engagement.
