Through RealSatisfied.com, RealSatisfied.com.au, RealSatisfied.ca, RealSatisfied.co.za, RealSatisfied.co.uk, RealSatisfied.co.nz and RealSatisfied.com.sg (the "Services") RealSatisfied ("RealSatisfied") provides real estate agents and other individuals/businesses in the real estate industry a platform to request and receive feedback and testimonials from customers and other parties involved in transactions with their businesses. All Invitations sent using this service must comply with the Spam/Commercial email/privacy laws in Australia as well as those in the country you reside in and our compliance rules and guidelines as stated in these terms. The following are the terms and conditions for use of the Services. Through the creation of your account and/or your continued use of the service, you indicate your acknowledgement and acceptance of these terms and conditions ('Terms of Service').
"You", "Your" : the Team Member or RealSatisfied account holder.
"Account Owner" : the owner of the RealSatisfied account under which some Team Member accounts are held. Account Owners are defined as the account with billing responsibilities.
"Us", "Our", "We" or "RealSatisfied" : The WebMart Network trading as RealSatisfied or the RealSatisfied Service as defined in these Terms.
Services and Support
- The Services are provided subject to these Terms of Service, as may be amended by RealSatisfied, and any guidelines, rules or operating policies that RealSatisfied may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the RealSatisfied web site, or otherwise providing notice to you, RealSatisfied may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The Services enable real estate agents and other individuals/businesses in the real estate industry a platform to request and receive feedback and testimonials from customers and other parties involved in transactions or potential transactions with their businesses.
- Both the number of invitation messages sent and the number of responses received by customers be they (clicks, surveys commenced or surveys completed) are metered by RealSatisfied. Paid RealSatisfied accounts allow you to send an unlimited number of invitations as part of your monthly/annual access fee. Invitations may only be sent to customers/persons involved in transactions or appraisals with the business that operates the RealSatisfied account.
- All fees paid to RealSatisfied for RealSatisfied are non-refundable. Payment for Services will be made by a valid credit card accepted by RealSatisfied. You hereby authorise RealSatisfied to charge your credit card monthly for your monthly access fee or annually for your annual access fee (in advance). Fees are payable in the currency specified on your invoice. If RealSatisfied is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by RealSatisfied.
- For all accounts, RealSatisfied may charge an account re-activation fee should an account need to be re-activated by customer after an account has become de-activated due to non-payment or an untimely authorisation for payment. Accounts that have amounts due that have been unable to be charged to a credit card held with the account may be immediately disabled. Accounts that remain disabled for a period of more than one monthly billing cycle (up to 31 days) for reason of non-payment may be subject to deletion as the sole discretion of RealSatisfied. DISABLED ACCOUNTS HAVE ONE BILLING CYCLE (UP TO 31 DAYS) TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING RESPONSES RECEIVED, MAY BE PERMANENTLY REMOVED FROM THE SYSTEM.
- You must complete the registration form on the RealSatisfied website in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and in some cases a password for your RealSatisfied account as the Account Owner. You are responsible for maintaining the security of your account and passwords, and for all uses of your account and of the Services in your name. RealSatisfied reserves the right to refuse registration of, or cancel, accounts it deems inappropriate or for any reason at it’s sole discretion
- It is understood that RealSatisfied makes no guarantee of survey response rates or that survey response will be received.
Restrictions and Responsibilities
- This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
- You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing invitations through this service. You hereby agree to indemnify and hold harmless RealSatisfied against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services.
- The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
- In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to RealSatisfied. RealSatisfied may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
- RealSatisfied will not use any of your invitation lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, RealSatisfied will not use your customer information for the purpose of sending unsolicited commercial e-mail.
- You may terminate this Agreement at any time by signing in as the account owner and closing your account or by sending written notice to RealSatisfied, PO Box 1341, MANLY NSW 1655, Australia. Correspondence must include your first name, last name, and RealSatisfied username. Accounts may only be closed by account owners or the credit card holder for an account. No refunds will be issued if you terminate this agreement. Dormant Accounts - non-paid accounts that are dormant (have not been accessed by the account owner for a period of over 6 months) may be subject to deletion without notice to the account holder.
- RealSatisfied may terminate this Agreement or the Services at any time with or without cause, and with or without notice. RealSatisfied shall have no liability to you or any third party because of such termination. If RealSatisfied terminates this agreement because you violated these terms, no refund will be issued.
- RealSatisfied may delete any of your archived data within 60 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
Warranty Disclaimer; Remedies
- USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. RealSatisfied DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND RealSatisfied DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- Your sole and exclusive remedy for any failure or non-performance of the Services shall be for RealSatisfied to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL RealSatisfied OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "RealSatisfied ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF RealSatisfied SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, RealSatisfied IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF RealSatisfied TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.
Export of Services or Technical Data
- You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia or any other applicable country.
- If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- RealSatisfied and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind RealSatisfied in any respect whatsoever.
- You agree to give RealSatisfied permission to incentivise the completion of surveys by presenting various offers from commercial partners to survey participants.
- The Agreement shall be governed by the laws of the State of NSW Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.
- It is understood that in order to use RealSatisfied, a Windows based PC, or Apple OSX based system with a modern internet browser must be used. We support the current and previous major releases of Google Chrome®, Firefox®, Safari®, Microsoft® Edge™, and Internet Explorer® on a rolling basis. Each time a new version is released, we begin supporting that version and stop supporting the third most recent version. Additionally, a stable connection to the Internet is required. RealSatisfied may work in a limited manner on mobile and/or tablet devices, Unix, and other platforms, but there is no guarantee of functionality on such platforms. Additionally, RealSatisfied may work in a limited manner on web browsers other than those mentioned above, but there is no guarantee of full functionality on web browsers other than those expressly mentioned.
Compliance rules for sending invitations
- All RealSatisfied customers must follow the rules of the federal CAN-SPAM act as well as any other legislation relevant to your jurisdictions when sending invitations through the service. Accordingly, we require the following of invitations messages sent through the RealSatisfied system:
- All invitations must contain non-Internet contact information of the sender, namely your company's phone number or that of a company employee.
Audit and Quarantine
- All survey responses (‘Responses’) received by RealSatisfied is subject to RealSatisfied Audit and Quarantine processes.
- Responses that trigger an audit alert shall be quarantined.
- Account holders may request a review of a Responses that has been Quarantined via the process defined within the system and advised to the affected parties via email notification.
- Quarantine Review’s shall be conducted by RealSatisfied to determine the authenticity of a Response. The decision as to whether a Response shall be released by RealSatisfied as a result of a review rests solely with RealSatisfied and shall be exercised at their sole discretion. RealSatisfied is not required to provide reason for a Response being subject to deletion from the system as the result of an adverse review.
- RealSatisfied may request further information from an account holder or team member related to the Response under review. Such requests must be responded to within 7 days of the request for the information to be considered as part of the review. Where information requested is not provided within 7 days, the review request may be determined to be withdrawn and the Response subject to deletion as the result of an adverse review.
- In determining the outcome of a review, RealSatisfied makes no inference, implied or otherwise as to the authenticity of a Response received. Responses that are deemed to be subject to deletion following an adverse review shall be deleted within 30 days of the review being completed.
Invitation and Permission Practices
- You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact RealSatisfied if you have questions).
- You cannot mail to distribution lists, newsgroups, or spam email addresses.
- You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your RealSatisfied account.
- Emails that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. RealSatisfied, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
- RealSatisfied, at its own discretion, may immediately disable your access without refund to the Services if RealSatisfied believes in its sole discretion that you have violated any of the email and permission practices listed above.
Use of Trademarks
- All trademarks, service marks, trade names, trade dress, product names and logos appearing on this site are the property of their respective owners. Any rights not expressly granted are reserved.
Version : 2.5 | Last Updated : September 2016