Agent Terms & Conditions for Price My Property Leads
Please read these Terms and Conditions (“Terms”) carefully before using the services at https://pricemyproperty.co.nz (“the Service”) operated by Fly Me High Limited “us”, “we”, or “our”). These Terms sets forth the legally binding terms and conditions and constitutes the entire Agreement between you and Fly Me High Limited for your use of the Service. The term “you” (The Agent) shall also include your employees or other authorised users to the extent applicable and permitted under your subscription of the Service.
You (The Agent) each time you buy a lead, and agree to our terms and conditions, MUST SIGN and accept the lead which agrees to these terms and conditions PLUS refund process which is explained here: https://flymehigh.com/refunds/
(to apply for a credit to your account you must use this form here https://flymehigh.com/claimform/ )
These instructions are/were emailed to you when you joined.
If you are about to join Fly Me High Limited lead system for Real Estate then you must understand these are the terms and conditions for all leads going forward.
By accessing or using the Service in any manner, including, but not limited to, visiting or browsing the Service, subscribing to automated emails or contributing content or other materials to the Service, you agree to be bound by these Terms (“Agreement”). Capitalised terms are defined in these Terms.
1. Our Service
Our services entail selling leads to Real estate agents. We are a lead generation tool for real estate agents willing to work with clients assigned to you. You agree to our process of getting leads (in reference to the clients/prospects).
We reserve the right to modify rates (cost per lead), discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. We might, at our sole discretion and from time to time, offer you free credits or a trial of the Service or selected features of the Service for a limited time period. All credits are deemed as a credit for a lead regardless of value.
You must be a licenced residential Real Estate Agent and subject to USER RESTRICTIONS clause 5.
3. Account Registration
You must register to use certain features of the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorised use of your account or any other breach of security by emailing us at firstname.lastname@example.org (e) you agree to watch all the training videos sent via email.
4. Fees and Payment
We will charge fees for using certain features of the Services, either on a one-time- or subscription basis (“Paid Services”). Fly Me High reserves the right to implement fees or change the fees for the Service at any time by providing you notice on the Service or otherwise.
When you purchase any Paid Services by credit card, you authorise Fly Me High Limited or its third-party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorised to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information.
We shall provide the appropriate invoice when you purchase any Paid Services by periodical billing.
Priority Post Codes: All priority postcodes that are ordered are non-refundable. If no leads are provided within the 30-day allocation, we will extend the time frame from the date of the first lead.
Auto-Buy: When this feature is on, your leads, along with any price changes, are accepted by you. the variation of the price will be no less than $35 plus GST and no more than $75 plus GST
Auto-Renew: When this feature is on, your post-code will auto-renew. This is your responsibility to turn it off or on.
All payments are plus GST unless stipulated. Most subscriptions services are including GST
5. Invalid Leads
Invalid Leads Invalid leads can be recorded and are outlined in detail by clicking the link below: https://flymehigh.com/refunds/ Invalid leads, and the process is sent to you at the time of sign up; we do not give refunds based on vendor’s intent. A dispute can be recorded to email@example.com , and we will reply within 48 hours and issue a credit against your account. We only give refunds (eg: credit your credit card) when your account is closed and you don’t wish to use our services. Full cash refunds are only given when either you (lead purchaser) decides to close their account or we decide to close your account due to breach of conditions or at our discretion we decide are not a good fit for your marketing requirements.
5A. What is an invalid lead:
– Wrong phone number
– Wrong email
– Vendor is a real estate agent
– Wrong address
– Property is listed with another agent in your office (last 90 days)
– Someone renting wants to know the value of the property
– Property is currently listed (less than 21 days ago)
– Property has been bought (less than 90 days ago)
5B. These are not reasons for an invalid lead:
– Currently listed (for more than 21 days)
– Just bought the property
– Not ready to sell yet
– Was only looking for an appraisal
– Vendor upset
– Vendor did not want an appraisal.
– The property owner is a trust and the trustees are the directors of the trust that owns the property.
6. User Restrictions
Your right to use the Service is limited to you, ‘The Agent’.
The details of the lead provided are not transferable to any third party marketing person or company. The leads provided are for your exclusive use only (The Agent) Leads may only be transferred to other sales agents in your organisation via the ‘Sub Agent’ allocation section in the portal. The fee for this is $19 per month inc GST. Any ‘Sub Agent’ using this Service will be bound by these terms and conditions that you have accepted when they join.
We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service or directly not purchasing any leads.
7. Intellectual Property and Trademarks
We, our affiliates, and our suppliers and licensors own all right, titles, and interests, including all intellectual property rights, in and to the Service and any services available in connection with the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All copying, distribution or other use of the Service or any third-party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders.
8. Availability and Disclaimer of Warranties
Your use of the Service is at your sole risk. No advice or information, whether oral or written, obtained by you from the Service will create any warranty regarding Fly Me High Limited that is not expressly stated in these Terms.
9. Term, Cancellation and Termination
Term of the Paid Services enters into force when we have received payment from you or your credit card provider. If the Service is provided to you free of charge, the term of the Service enters into force upon your trial license creation and/or account registration. Subagent subscriptions are paid 30 days in advance; Priority Post Codes are paid seven days in advance.
If your subscription is automatically renewable, your subscription to the Service will remain in effect. It will be renewed automatically at the end of each subscription period unless you terminate your subscription or we terminate it. If your subscription is made for a fixed period and/or is not automatically renewable, your subscription will automatically terminate at the end of the agreed subscription period. Separate written order forms or contracts for the Service may have special adherence terms regarding renewal and defined advance notice periods for termination. Upon the termination or expiration of your subscription, you must immediately stop using the Service and must destroy any copies of the same in your possession.
We do have two subscriptions under the Price My Property brand.
Sub Real Estate Agents: This is $19 per month and allows you to add on sub-agents under your own account. We do not remind you to stop this Service; this is ongoing till you decide to stop the Service. You can do this by going inside your portal and pressing STOP SUBSCRIPTION.
9.1 Priority Post Codes: These cost $197 per postcode per 30 days. You must sign up for these services; this cannot be undone once selected. You are given a warning of this before purchase. On day six, we will notify you if you wish to continue. Each postcode costs $197, and the total cost is shown before you enter your seven-day contract with us.
You are free to cancel your Premium subscription at any time. Notice that no refunds are provided; you can use the product until the end of the then-current billing period, after which your credit card will not be charged again.
Priority postcodes do not guarantee more leads; however, when you buy more than three postcodes at once we will credit back your account with the equivalent of 50% of the total postcodes you purchased. The value of the credit is based on the lead cost at the time for your region. The priority is valid for 30 days. The activation takes place from the day your first lead comes in. So the 30 days start from the day your lead arrives, not the day of purchase. This is only fair.
eg: 3 x $197 = $596 value of leads at $60, we will credit you $596/2 = $298/$60 = 4.9 leads – we always round up when over .5 and down when below .4
Single Priority Post Codes: The same rules for a single purchase of priority postcodes; however, there are no discounts or credits. Please note that you must purchase in one single, not separately over time, for the 50% discount.
More than Three Postcodes: As soon as a lead arrives, all postcode activation dates are set concurrently. Not individually. If your leads do not equate to near what you would have paid as ‘non–Priority Post Codes, ’ we will look at each case on its merits and, at our discretion, may issue you a credit(s)
We may terminate your access to the Service without cause or notice, resulting in the forfeiture and destruction of all information associated with you. Any fraudulent use of the referral affiliate system will automatically result in termination.
10. Data from third-party services
Fly Me High Limited has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party services from where data is integrated to Price My Property.
11. Links To Other Sites and Services
12. Privacy Notice and Processing of Data
We may process personal data as both (1) data controller and (2) data processor.
As a data controller, we may process personal data about you when you sign up for the Service or when you otherwise provide personal information to us in the context of these Terms. Our collection and use of this information, which we process as the data controller, is described in the Privacy Notice, available at www.pricemyproperty.co.nz (you will see this inside the terms and conditions section)
As a data processor, we may process such personal data which you have provided to us (including collected or generated through the use of the Service) for the purpose of providing the Service. If we do, this processing of personal data is governed by a Data Processing Agreement between you and us.
By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Service.
13. Customer Data
You, your subsidiaries, affiliates and customers retain all rights pertaining to all data, personal data or other information that you, or another party on your behalf, provides to us for the purpose of providing the Service (“Customer Data”). For the avoidance of doubt, Customer Data is considered Confidential Information.
You indemnify Fly Me High Limited, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable legal fees) arising out of any claims or actions by any third party that relates to actual or alleged infringement of a third party’s intellectual property rights by the Customer Data.
Permission for you to contact vendor/prospect: All contacts sent to you as a ‘lead’ via the website have consented to our terms and conditions. This is done via a pop-up page before entering any details. The vendor is sent a reminder text telling them an agent will be in contact. Their IP address, date and browser is recorded.
14. Limitation of Liability Neither FLY ME HIGH LIMITED NOR ITS ASSOCIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT. FLY ME HIGH LIMITED MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE IN RELATION TO THE SERVICE, WHETHER IN CONTRACT OR OTHERWISE, IS LIMITED TO NZD $1,000
15. Governing Law and Dispute Resolution
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed following the laws of New Zealand, without giving effect to any principles of conflicts of law. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the unsolicited electronic messages act 2007 or as set out by the ASA.
16. Changes To These Terms We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated terms to our Facebook group or notifying you by email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
Please review these Terms periodically for changes. If you do not agree to any of these Terms or any changes to these Terms, do not use, access or continue to access the Service or discontinue any use of the Service immediately.
17. Other Terms
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of the intellectual property) will continue to remain in full force and effect after any such termination.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
These Terms & Conditions were last updated 2 November 2020 and notified all existing agents on 3 November 2020 via email and on the Facebook group