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Terms and Conditions

Last modified: Jun 9, 2020

Agent/Agency

Welcome to RateMyAgent.com.au, a website portal operated by Ratemyagent.com Pty Ltd ABN 46 169 103 299 ("RMA").

RMA provides a portal by which visitors ("End Users") to ratemyagent.com.au, and other related websites, social media web pages and smart phone applications operated by RMA (with ratemyagent.com.au, each related website, and each smart phone application to be known as the "Site"), may provide feedback or commentary on individual real estate agents and real estate agencies listed on the Site ("Agents"), or respond to such feedback or commentary.

End Users and Agents may also purchase goods and services which RMA determines to offer through the Site from time to time ("Products"). In these terms and conditions, "you" means a user of the Site, being an End User or an Agent (as the case may be).

RMA will permit you to use the Site and the Services (as defined in clause 1.1), and purchase Products through the Site, in accordance with these terms and conditions ("this Agreement"). This Agreement forms a binding legal agreement between you and RMA. As a user of the Site, you will at all times be bound by, and must abide by, this Agreement, If you are using the Site on behalf of a real estate agency, then you agree to be bound by, and abide by, this Agreement on behalf of the agency (and you warrant that you have the capacity to agree to do so on behalf of the agency).

Without limiting the way in which you may become bound by this Agreement, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement by signing a document agreeing to be bound by this Agreement, by checking the "I agree to the Terms and Conditions" checkbox and clicking the "Sign Up" button on your computer screen to electronically indicate your acceptance of this Agreement, or by proceeding with the purchase of a Product or any use of the Services.

  1. THE SERVICES
    1. Subject to the terms and conditions of this Agreement, RMA will provide you with the following goods and services ("Services"):

      1. the ability to create an Account (as defined in clause 2.1) on the Site and use functionality only available to holders of an Account;

      2. the ability for End Users to search and browse Agents listed on the Site and view information contained on the Site about each Agent ("Agent Profiles");

      3. the ability for End Users to rate Agents and provide comments on their performance, which will appear in the Agent Profile for the Agent;

      4. the ability for Agents to claim their Agent Profile on the Site, and update and manage their Agent Profile; and

      5. the ability to purchase Products through the Site as they are offered from time to time by RMA.

    2. Subject to the terms and conditions of this Agreement, the provision of the Services and the Products which you purchase constitute RMA's only obligation to you.

    3. You agree that RMA may modify the Services at any time, and discontinue the Services (or part thereof) at any time. RMA may also restrict your use of some or all Services, suspend the delivery of the Services at any time and subsequently reinstate them at its discretion.

    4. RMA does not guarantee the accuracy or reliability of any information contained on the Site about an Agent (including information submitted by third parties in the form of ratings, comments, posts and reviews). It is your responsibility to conduct your own research and make your own enquiries before deciding to engage an Agent.

  2. CREATING AN ACCOUNT WITH RMA
    1. RMA may require you to create an online account with RMA ("Account") in order to use some or all of the Services. RMA may restrict the usage of the Services (or part thereof) for persons who do not have an Account. RMA may, from time to time, amend or place restrictions on the requirements needed to create an Account.

    2. If you create an Account with RMA then you agree:

      1. if requested by RMA, to use your email address as your username;

      2. that the Account will be created using RMA's online sign up process, or any other method specified by RMA from time to time;

      3. to keep confidential and secure any password used to access the Account;

      4. that you warrant that all information provided by you to RMA in the setup of the Account is true and correct in every detail; and

      5. that you will only use the Account for the purposes of using the Services and/or purchasing Products, and for no other purpose.

    3. You acknowledge and agree that RMA may disable or delete your Account at any time in its sole discretion, and for any reason whatsoever. If your Account is deleted or disabled then you acknowledge and agree that you will only be able to use the parts of the Site and the same Services as provided by RMA to members of the public who do not have an Account.

    4. You may delete or disable your Account at any time via functionality contained in the Site.

  3. AGENTS
    1. RMA will list Agents on the Site from time to time. Where practicable, it will obtain the identity of each Agent and information about them from the Agent or from publicly available sources.

    2. RMA will determine which Agents it lists on the Site and may remove a listing of an Agent at any time. No Agent has any right to be listed on the Site or have an Agent Profile on the Site.

    3. If you are an Agent and claim your Agent Profile on the Site, you agree to grant RMA the licence set out in clause 7 below. The scope of the licence extends to all property listing data submitted by you (including, but not limited to, all images, text, floorplans, movies or other works associated with a listing, whether sold or unsold) in respect of all properties which you are selling or have sold, and you warrant that you are authorised and/or have the necessary rights to grant such a licence.

    4. An Agent may manage and update their Agent Profile only if:

      1. they have registered an Account with RMA; and

      2. they have claimed their Profile with RMA using the relevant functionality on the Site, including identifying themselves to RMA (to RMA's satisfaction) as the individual agent described in the relevant Agent Profile.

    5. An Agent may only claim their own Agent Profile and must not claim the Agent Profile of another real estate agent.

    6. Subject to clause 4.2, an Agent must not comment on the Agent Profile of another Agent or in any public forums on the Site about other Agents.

    7. RMA will determine in its sole discretion what functionality it provides to Agents to allow then to manage and update their Profile. Such functionality may however include, without limitation, the ability for Agents to:

      1. upload an alternative photo, contact details and real estate agency details;

      2. add links to their social media accounts;

      3. add or modify a summary of their background;

      4. verify their sales reports or report their sales results;

      5. deem certain sales results to remain "undisclosed" or "confidential"; and

      6. respond to comments and testimonials from End Users on the Agent's Profile (noting, however, that only one response will be allowed in relation to each testimonial).

    8. RMA may modify any part of the content of an Agent Profile at any time in its sole discretion, with or without notice to that individual Agent. RMA may also in its sole discretion, with or without notice to that individual Agent, remove their Agent Profile from the Site.

    9. Agents will not be permitted to modify comments and/or testimonials from End Users on their Agent Profile.

  4. END USERS
    1. RMA will determine the functionality that it offers End Users on the Site from time to time. This functionality may include, without limitation:

      1. the ability to view Agent Profiles and search or browse for Agents using different search criteria;

      2. the ability to view User Content (as defined in clause 7.1) and all other content on the Site;

      3. the ability to provide comments on Agent Profiles ("User Reviews");

      4. the ability to comment in any public forums on the Site;

      5. the ability to provide ratings of Agents using any ratings criteria specified by RMA from time to time; and

      6. the ability to view a log or history of interactions with the Site.

    2. If you are both an Agent and a recipient of real estate services of another Agent, then you agree that you will provide commentary on other Agents only if that commentary is based on your own personal experience in dealing with that other Agent as a recipient of their services.

  5. SUPPLY OF PRODUCTS
    1. RMA may determine from time to time, to supply Products through the Site for purchase by Agents or End Users.

    2. If Products are supplied through the Site, then RMA may impose additional terms and conditions which apply to the purchase and supply of the relevant Products, by setting out the additional terms and conditions below in an addendum to this Agreement ("Product Addendum"). Any Product Addendum will form part of this Agreement and, unless otherwise stated, will override any inconsistent term in this document, to the extent of the inconsistency only.

    3. By ordering and purchasing any Product from the Site, you agree:

      1. that you are bound by and will comply with the Product Addendum applicable to the Product;

      2. to pay the applicable fee for such Product ("Fee"); and

      3. to be bound to a minimum term to use or purchase that Product ("Term") (if any).

    4. Unless otherwise stated, you acknowledge and agree that each Term will automatically renew for successive Terms of the same duration unless you notify RMA, in writing and at least 7 days prior to the expiry of the then current Term, that you do not wish to renew your use of the Product, or unless your use of the Product is otherwise terminated in accordance with this Agreement.

    5. Unless otherwise stated and subject to clause 5.3, RMA will provide you with invoices in respect of the Fee on a monthly basis and you agree to pay the Fee by the date indicated on RMA's invoice.

    6. RMA may require you to provide it with an authorisation to direct debit the Fee from your credit card or nominated bank account. Once authorisation is provided the Fee will be automatically debited by RMA.

    7. Unless otherwise stated, you may terminate any order or agreement for RMA to supply you with Products at any time with no less than 30 days' written notice to RMA.

    8. RMA may suspend or terminate any order or agreement for RMA to supply you with Products:

      1. immediately if you are in breach of this Agreement and, in RMA's sole opinion, the breach is not capable of remedy or is a material breach;

      2. immediately if you are in breach of this Agreement and fail to remedy that breach within 7 days of receiving written notice from RMA requiring you to remedy the breach; or

      3. without cause, by giving 14 days' notice to you.

    9. Unless otherwise stated, upon termination of any order or agreement for RMA to supply you with Products:

      1. where such termination is pursuant to clause 5.8(a) or 5.8(b), you must pay any unpaid amount of the Fee to RMA which would be owing over the remainder of the Term had such termination not occurred and you agree that, if an authorisation has been given in accordance with clause 5.6, the Fee may automatically be charged to your credit card or direct debited from your nominated bank account; or

      2. if the order or agreement is terminated under clauses 5.4, 5.7 or 5.8(c), then you must pay the Fee incurred up to the date upon which termination becomes effective only. RMA will refund you any unused portion of the Fee that you have prepaid, and which relates to any period after the effective date of termination.

    10. Termination of our supply of a Product to you will not of itself, unless stated by RMA to the contrary, terminate your ability to use the Site or the Services. RMA may however, separately exercise any of its rights under this Agreement, including terminating the Services pursuant to clause 1.3, or terminating your Account pursuant to clause 2.3.

  6. PROHIBITED USES
    1. Subject to clause 7.1, all content and information on the Site, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is owned by RMA or its third party licensors. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, code, products, or Services obtained from or through the Site. Additionally, you agree not to:

      1. use the Site or its contents for any commercial purpose, other than in your capacity as an Agent (if applicable);

      2. use another person's name, account, identity or password without permission, or use the Site while impersonating another person;

      3. access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without RMA's express written permission;

      4. violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;

      5. take any action that imposes, or may impose, in RMA's discretion, an unreasonable or disproportionately large load on its server infrastructure;

      6. deep-link to any portion of the Site for any purpose apart from where expressly permitted by this Agreement; or

      7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RMA in connection with the Site or the Services (except to the extent specifically permitted by law).

  7. PROVIDING CONTENT ON THE SITE
    1. You acknowledge that by submitting content to the Site, you expressly grant an irrevocable, perpetual, exclusive, royalty-free, sub-licensable, assignable license to RMA and its affiliates to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content which you submit to the Site, including, without limitation, postings on the Site, commentary in forums or on Agent Profiles or any suggestions or ideas, or any other work, item or thing you upload to the Site or provide to RMA ("User Content"). For the purposes of this Agreement, the term "Intellectual Property Rights" shall refer to all intellectual property rights of any kind whatsoever throughout the world, including all present, future, registered and unregistered rights which subsist in copyright, trademarks, patents, designs and circuit layouts. You agree, at RMA's request, to promptly execute a written assignment to RMA of any such Intellectual Property Rights, and to assist in every proper way and to execute those documents and take such acts as are reasonably requested by RMA to obtain, sustain and from time to time enforce such Intellectual Property Rights in any jurisdiction worldwide.

    2. To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in any User Content you provide to RMA, then you waive all such moral rights, and to the extent that such waiver is not possible, then you consent to RMA making all uses, edits and modifications of the User Content in its sole discretion, including, without limitation, as further described in this Agreement.

    3. You warrant that any User Content that you post or upload to the Site will not infringe the Intellectual Property Rights or other rights of any person.

    4. You warrant that if any User Content submitted by you to the Site reproduces the likeness or image of any person, that the person whose image or likeness is reproduced in that User Content, has provided their express consent to you, for their image or likeness to be published on the Site.

    5. You agree that:

      1. the User Content is not confidential;

      2. you are solely responsible for the User Content you post on the Site;

      3. RMA may reproduce any User Content on the Site and will determine in its discretion how it presents your User Content on the Site;

      4. RMA may make any modifications to the User Content in its sole and absolute discretion, before presenting that User Content on the Site; and

      5. RMA may determine whether or not to attribute the User Content to you, or remain silent on any attribution.

    6. You agree that RMA is under no obligation to edit, monitor or control the User Content that is published to the Site by an End User or Agent, but that RMA reserves the right to do so.

    7. You agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish on the Site, any of the following ("Infringing Content"):

      1. User Content that infringes, or may infringe, the Intellectual Property Rights or other rights of any person;

      2. User Content that impersonates any person or entity or otherwise misrepresents your relationship with RMA or any other person;

      3. User Content that is false, unlawful, misleading, libellous, defamatory, slanderous, obscene, pornographic, indecent, lewd, abusive, harassing or advocates harassment of another person, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable;

      4. User Content that can reasonably be considered to be offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or which incites such behaviour or action from others;

      5. User Content that would constitute, encourage or promote, or provide instructions for the conduct of an illegal act or omission, any criminal activity, or violate the rights of any person or party in any country of the world;

      6. User Content that has been solicited by an incentive or payment originating from a real estate agent or a representative of their agency;

      7. unsolicited promotions or SPAM;

      8. User Content which contains the private information of any person;

      9. User Content which publishes an image or likeness of a person who has not consented to their likeness or image being published on the Site;

      10. User Content that is unrelated to the page of the Site in which such User Content is posted; and/or

      11. User Content which contains viruses, malware or any other malicious software or data.

      For guidance on how to write commentary that may be less susceptible to removal based on potential legal liability, please refer to RMA's content guidelines.

    8. To the maximum extent permitted by law, RMA will have no responsibility or liability for any User Content or Infringing Content posted, stored or uploaded on the Site, or for any loss or damage suffered by you or any other person as a result of the Site storing, holding, or making available, any User Content or Infringing Content to End Users, Agents or other members of the public.

    9. RMA is under no obligation to review any User Content to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains falsehoods.

    10. Subject to clause 7.8, if you have any complaints or objections to material or content including User Content posted on the Site, or if you consider any User Content to be Infringing Content, you may contact us and notify us of the relevant content by following our takedown procedure ("Takedown Procedure") and submitting a takedown request ("Takedown Request"). Please click here to view our Takedown Procedure.

    11. Where you submit a Takedown Request, you agree to follow any procedures which RMA specifies from time to time, and you agree to provide RMA with all information which it requests in considering your Takedown Request, including but not limited to information verifying your identity and the basis upon which you consider the relevant User Content to be Infringing Content.

    12. You acknowledge that notwithstanding your Takedown Request, RMA is under no obligation to remove any Infringing Content other than where stated in this Agreement or where required by law.

    13. If RMA does remove allegedly Infringing Content, then you acknowledge that such removal is done on a without prejudice basis, and upon such removal, you agree to release RMA from any action, claim, proceedings, damages or other obligation which you may make, institute or claim against RMA in relation to the allegedly Infringing Content.

    14. You indemnify and keep indemnified, RMA, its agents, employees and officers against all loss, cost, expense or damage which RMA, its agents, employees or officers suffer or incur, as a direct or indirect result of:

      1. your breach of this Agreement or violation of any law or Intellectual Property Rights or other rights of a third party;

      2. you posting or uploading any Infringing Content to the Site; or

      3. any legal proceedings or any claim made against RMA by a third party, which arises directly or indirectly from any Infringing Content posted or uploaded by you to the Site.

  8. LIABILITY AND DISCLAIMER
    1. You acknowledge that RMA has made no warranties that the Services or Products will be error free.

    2. You agree that RMA will not be liable or responsible for any failure in, or delay to, the provision of the Services or Products or in RMA complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:

      1. fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;

      2. denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;

      3. a significant demand being placed on RMA's services which is above the usual level of demand and which results in a failure of RMA's software and hardware to function correctly;

      4. the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to RMA; or

      5. any other circumstances or event similar to the above which is beyond the reasonable control of RMA.

    3. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under this Agreement. However, if a supply under this Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in this Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then RMA's liability is limited to:

      1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

      2. in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

        and except in the case of a major failure (as that term is defined in the Australian Consumer Law), RMA can elect as between the remedies set out in paragraphs (a) and (b) above.

    4. Subject to clause 8.3, and to the extent permitted at law, RMA's liability to you arising directly or indirectly under or in connection with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Services or Products, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity, is limited as follows:

      1. RMA excludes all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Products or Services; and

      2. RMA's total aggregate liability under or in any way connected with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Products or Services, is otherwise limited to the greater of:

        1. AUD$10; and

        2. the total amounts you have paid to us for the Products or Services that are the subject of the relevant claim.

  9. PRIVACY POLICY
    1. You acknowledge that, in order to provide the Services and Products, RMA (and its associated or related entities) may collect and use the personal information you provide to RMA in accordance with the RMA Privacy Policy. By using the Site or the Services, or by purchasing any Products, you agree the terms of the RMA Privacy Policy. To view the RMA Privacy Policy, please click here.

  10. GENERAL CLAUSES
    1. RMA reserves the right to revise and amend this Agreement in its discretion, as follows:

      1. if RMA considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended Agreement (as applicable) on the Site;

      2. if RMA considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Site describing the change.

      Your continued use of the Site after an amendment will mean that you agree to that amendment. You must stop using the Site if you do not agree to an amendment.

    2. Any notice given under this Agreement must be in writing and must be signed by the party giving the notice. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:

      1. in the case of a notice delivered by hand, when so delivered;

      2. in the case of a notice sent by pre-paid express post, on the third clear Business Day after the date of posting;

      3. in the case of a notice sent by email, at the time that the email is sent, unless the sender receives a notification that the email was delayed or not received; or

      4. in the case of a notice sent via functionality contained in the Site, at the time the notice was sent,

      but if the effect of paragraphs (a) - (d) above is that a notice is taken to have been received before 9:00am or after 5:00pm on a day which is not a Saturday, Sunday or public holiday in Melbourne, Victoria, Australia ("Business Day"), or on a day which is not a Business Day, then the notice is taken to have been received at 9:00am of the next Business Day.

    3. Neither party is the partner, agent, employee or representative of any other party and neither party has the power to incur any obligations on behalf of any other party.

    4. There are no other representations, promises, warranties, covenants or undertakings between the parties and this Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.

    5. A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.

    6. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the extent that the invalid or unenforceable provision will be treated as severed from this Agreement.

    7. You must not assign or novate any of your rights or obligations under this Agreement. You agree that RMA may however assign or novate this Agreement at any time, with or without notice to you.

    8. The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.

    9. This Agreement will be construed in accordance with and will be governed by the laws in force in the State of Victoria, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria, Australia or the Commonwealth of Australia and any courts of appeal from these courts.

Product Addendum (Promoter)

Last modified: May 11, 2018

The terms and conditions in this addendum ("Promoter Addendum") apply to the supply of digital advertising packages by RMA ("Promoter Product"). This Promoter Addendum constitutes a Product Addendum under clause 5 of the Terms and Conditions.

  1. ORDERING A CAMPAIGN
    1. Agents with an active Account may submit orders to use the Promoter Products for online advertising campaigns ("Campaigns") via the Promoter Product page on the Account portal.

    2. When submitting an order, you will select the particulars of the Campaign, including the Term, scope, budget, platforms and geographical reach ("Campaign Specifications") based on the tailored packages made available by RMA from time to time.

  2. DELIVERING A CAMPAIGN
    1. RMA will deliver the Campaign according to the Campaign Specifications selected when submitting the order. At various stages throughout the Campaign, you may be able to manage the progress of the Campaign via your Account portal.

    2. RMA may, in its sole discretion, agree to vary the Campaign Specifications and/or the Fees payable if requested (including by making permitted changes via your Account portal). RMA will not be obliged to agree to such a request and any variation will only be binding if approved by RMA.

    3. The Term of a Campaign will be determined when selecting the Campaign Specifications at the time of submitting an order. The Campaign will end on the earlier of the expiry of the Term or the depletion of the budget agreed in the Campaign Specifications. Campaigns will not automatically renew and you will be required to order new Campaigns to continue accessing the Promoter Products.

  3. PAYMENT TERMS
    1. The Fees payable for each Campaign will be based on the price list we publish on the Site from time to time and will be specified on the check-out page at the time of purchase.

    2. Fees must be paid in full and up-front upon ordering a Campaign.

    3. You may pay the Fees by entering new credit card details or using credit card details stored on your Account.

    4. The credit card selected at the time of ordering will be direct debited for the full amount of the Fees applicable for a Campaign, upon confirmation of your purchase.

    5. A tax invoice will be made available on your Account for review and download shortly after your payment is received and processed by RMA.

  4. TERMINATION
    1. You will not be able to suspend or end a Campaign which has been ordered and paid for, unless RMA agrees to a variation under clause 2.2 of this Promoter Addendum.

    2. RMA may suspend or terminate a Campaign or your right to access the Promoter Products in accordance with clause 5.8 of the Terms and Conditions.

    3. RMA will not refund any portion of the Fees (including where the Campaign is terminated or not fully completed for any reason) except if RMA agrees to a variation under clause 2.2 of this Promoter Addendum.

Terms and Conditions

Mortgage Brokers

Welcome to RateMyAgent.com.au, a website portal operated by Ratemyagent.com Pty Ltd ABN 46 169 103 299 ("RMA").

RMA provides a portal by which visitors ("End Users") to ratemyagent.com.au, and other related websites, social media web pages and smart phone applications operated by RMA (with ratemyagent.com.au, each related website, and each smart phone application to be known as the "Site"), may provide feedback or commentary on individual mortgage brokers and mortgage brokerage agencies listed on the Site ("Brokers"), or respond to such feedback or commentary.

End Users and Brokers may also purchase goods and services which RMA determines to offer through the Site from time to time ("Products"). In these terms and conditions, "you" means a user of the Site, being an End User or a Broker (as the case may be).

RMA will permit you to use the Site and the Services (as defined in clause 1.1) , and if available purchase Products through the Site, in accordance with these terms and conditions ("Agreement"). This Agreement forms a binding legal agreement between you and RMA. As a user of the Site, you will at all times be bound by, and must abide by, this Agreement, If you are using the Site on behalf of a mortgage brokerage agency, then you agree to be bound by, and abide by, this Agreement on behalf of the agency (and you warrant that you have the capacity to agree to do so on behalf of the agency).

Without limiting the way in which you may become bound by this Agreement, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement by signing a document agreeing to be bound by this Agreement and/or by checking the "I agree to the Terms and Conditions" checkbox and clicking the "Sign Up" button on your computer screen to electronically indicate your acceptance of this Agreement, or by proceeding with the purchase of a Product or any use of any of RMA’s Services.

  1. THE SERVICES
    1. Subject to the terms and conditions of this Agreement, RMA will provide you with the following goods and services ("Services"):
      1. the ability to create an Account (as defined in clause 2.1) on the Site and use functionality only available to holders of an Account;
      2. the ability for End Users to search and browse Brokers listed on the Site and view information contained on the Site about each Broker ("Broker Profiles");
      3. the ability for End Users to rate Brokers and provide comments on their performance, which will appear in the Broker Profile for the Broker; and
      4. the ability for Brokers to claim their Broker Profile on the Site, and update and manage their Broker Profile; and
      5. the ability to purchase Products through the Site as they are offered from time to time by RMA.
    2. Subject to the terms and conditions of this Agreement, the provision of the Services and the Products which you purchase constitute RMA's only obligation to you.
    3. You agree that RMA may modify the Services at any time, and discontinue the Services (or part thereof) at any time. RMA may also restrict your use of some or all Services, suspend the delivery of the Services at any time and subsequently reinstate them at its discretion.
    4. RMA does not guarantee the accuracy or reliability of any information contained on the Site about a Broker (including information submitted by third parties in the form of ratings, comments, posts and reviews). It is your responsibility to conduct your own research and make your own enquiries before deciding to engage a Broker.
  2. CREATING AN ACCOUNT WITH RMA
    1. RMA may require you to create an online account with RMA ("Account") in order to use some or all of the Services. RMA may restrict the usage of the Services (or part thereof) for persons who do not have an Account. RMA may, from time to time, amend or place restrictions on the requirements needed to create an Account.
    2. If you create an Account with RMA then you agree:
      1. if requested by RMA, to use your email address as your username;
      2. that the Account will be created using RMA's online sign up process, or any other method specified by RMA from time to time;
      3. to keep confidential and secure any password used to access the Account;
      4. that you warrant that all information provided by you to RMA in the setup of the Account is true and correct in every detail; and
      5. that you will only use the Account for the purposes of using the Services and/or purchasing Products, and for no other purpose.
    3. You acknowledge and agree that RMA may disable or delete your Account at any time in its sole discretion, and for any reason whatsoever. If your Account is deleted or disabled then you acknowledge and agree that you will only be able to use the parts of the Site and the same Services as provided by RMA to members of the public who do not have an Account.
    4. You may delete or disable your Account at any time via functionality contained in the Site.
  3. BROKERS
    1. RMA will list Brokers on the Site from time to time. Where practicable, it will obtain the identity of each Broker and information about them from the Broker or from publicly available sources.
    2. RMA will determine which Brokers it lists on the Site and may remove a listing of a Broker at any time. No Broker has any right to be listed on the Site or have a Broker Profile on the Site.
    3. If you are a Broker and claim your Broker Profile on the Site, you agree to grant RMA the licence as set out in clause 7 and you warrant to RMA that you are authorised and/or have the necessary rights to grant such a licence.
    4. A Broker may manage and update their Broker Profile only if:
      1. they have registered an Account with RMA; and
      2. they have claimed their Profile with RMA using the relevant functionality on the Site, including identifying themselves to RMA (to RMA's satisfaction) as the individual broker described in the relevant Broker Profile.
    5. A Broker may only claim their own Broker Profile and must not claim the Broker Profile of another mortgage broker.
    6. Subject to clause 4.2, a Broker must not comment on the Broker Profile of another Broker or in any public forums on the Site about other Brokers.
    7. RMA will determine in its sole discretion what functionality it provides to Brokers to allow them to manage and update their Profile. Such functionality may however include, without limitation, the ability for Brokers to:
      1. upload an alternative photo, contact details and mortgage brokerage agency details;
      2. add links to their social media accounts;
      3. add or modify a summary of their background; and
      4. respond to comments and testimonials from End Users on the Broker’s Profile (noting, however, that only one response will be allowed in relation to each testimonial).
    8. RMA may modify any part of the content of a Broker Profile at any time in its sole discretion, with or without notice to that individual Broker. RMA may also in its sole discretion, with or without notice to that individual Broker, remove their Broker Profile from the Site.
    9. Brokers will not be permitted to modify comments and/or testimonials from End Users on their Broker Profile.
  4. END USERS
    1. RMA will determine the functionality that it offers End Users on the Site from time to time. This functionality may include, without limitation:
      1. the ability to view Broker Profiles and search or browse for Brokers using different search criteria;
      2. the ability to view User Content (as defined in clause 7.1) and all other content on the Site;
      3. the ability to provide comments on Broker Profiles ("User Reviews");
      4. the ability to comment in any public forums on the Site;
      5. the ability to provide ratings of Brokers using any ratings criteria specified by RMA from time to time; and
      6. the ability to view a log or history of interactions with the Site.
    2. If you are both a Broker and a recipient of mortgage brokerage services of another Broker, then you agree that you will provide commentary on other Brokers only if that commentary is based on your own personal experience in dealing with that other Broker as a recipient of their services.
  5. SUPPLY OF PRODUCTS
    1. RMA may determine from time to time, to supply Products through the Site for purchase by Agents or End Users.
    2. If Products are supplied through the Site, then RMA may impose additional terms and conditions which apply to the purchase and supply of the relevant Products, by setting out the additional terms and conditions below in an addendum to this Agreement ("Product Addendum"). Any Product Addendum will form part of this Agreement and, unless otherwise stated, will override any inconsistent term in this document, to the extent of the inconsistency only.
    3. By ordering and purchasing any Product from the Site, you agree:
      1. that you are bound by and will comply with the Product Addendum applicable to the Product;
      2. to pay the applicable fee for such Product ("Fee"); and
      3. to be bound to a minimum term to use or purchase that Product ("Term") (if any).
    4. Unless otherwise stated, you acknowledge and agree that each Term will automatically renew for successive Terms of the same duration unless you notify RMA, in writing and at least 7 days prior to the expiry of the then current Term, that you do not wish to renew your use of the Product, or unless your use of the Product is otherwise terminated in accordance with this Agreement.
    5. Unless otherwise stated and subject to clause 5.3, RMA will provide you with invoices in respect of the Fee on a monthly basis and you agree to pay the Fee by the date indicated on RMA's invoice.
    6. RMA may require you to provide it with an authorisation to direct debit the Fee from your credit card or nominated bank account. Once authorisation is provided the Fee will be automatically debited by RMA.
    7. Unless otherwise stated, you may terminate any order or agreement for RMA to supply you with Products at any time with no less than 30 days' written notice to RMA.
    8. RMA may suspend or terminate any order or agreement for RMA to supply you with Products:
      1. immediately if you are in breach of this Agreement and, in RMA's sole opinion, the breach is not capable of remedy or is a material breach;
      2. immediately if you are in breach of this Agreement and fail to remedy that breach within 7 days of receiving written notice from RMA requiring you to remedy the breach; or
      3. without cause, by giving 14 days' notice to you.
    9. Unless otherwise stated, upon termination of any order or agreement for RMA to supply you with Products:
      1. where such termination is pursuant to clause 5.8.2 or 5.8.3, you must pay any unpaid amount of the Fee to RMA which would be owing over the remainder of the Term had such termination not occurred and you agree that, if an authorisation has been given in accordance with clause 5.6, the Fee may automatically be charged to your credit card or direct debited from your nominated bank account; or
      2. if the order or agreement is terminated under clauses 5.4, 5.7 or 5.8.3, then you must pay the Fee incurred up to the date upon which termination becomes effective only. RMA will refund you any unused portion of the Fee that you have prepaid, and which relates to any period after the effective date of termination.
    10. Termination of our supply of a Product to you will not of itself, unless stated by RMA to the contrary, terminate your ability to use the Site or the Services. RMA may however, separately exercise any of its rights under this Agreement, including terminating the Services pursuant to clause 1.3, or terminating your Account pursuant to clause 2.3.
  6. PROHIBITED USES
    1. Subject to clause 7.1, all content and information on the Site, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is owned by RMA or its third party licensors. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, code, products, or Services obtained from or through the Site. Additionally, you agree not to:
      1. use the Site or its contents for any commercial purpose, other than in your capacity as a Broker (if applicable);
      2. use another person's name, account, identity or password without permission, or use the Site while impersonating another person;
      3. access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without RMA's express written permission;
      4. violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
      5. take any action that imposes, or may impose, in RMA's discretion, an unreasonable or disproportionately large load on its server infrastructure;
      6. deep-link to any portion of the Site for any purpose apart from where expressly permitted by this Agreement; or
      7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RMA in connection with the Site or the Services (except to the extent specifically permitted by law).
  7. PROVIDING CONTENT ON THE SITE
    1. You acknowledge that by submitting content to the Site, you expressly grant an irrevocable, perpetual, exclusive, royalty-free, sub-licensable, assignable license to RMA and its affiliates to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content which you submit to the Site, including, without limitation, postings on the Site, commentary in forums or on Broker Profiles or any suggestions or ideas, or any other work, item or thing you upload to the Site or provide to RMA ("User Content"). For the purposes of this Agreement, the term "Intellectual Property Rights" shall refer to all intellectual property rights of any kind whatsoever throughout the world, including all present, future, registered and unregistered rights which subsist in copyright, trade marks, patents, designs and circuit layouts. You agree, at RMA's request, to promptly execute a written assignment to RMA of any such Intellectual Property Rights, and to assist in every proper way and to execute those documents and take such acts as are reasonably requested by RMA to obtain, sustain and from time to time enforce such Intellectual Property Rights in any jurisdiction worldwide.
    2. To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in any User Content you provide to RMA, then you waive all such moral rights, and to the extent that such waiver is not possible, then you consent to RMA making all uses, edits and modifications of the User Content in its sole discretion, including, without limitation, as further described in this Agreement.
    3. You warrant that any User Content that you post or upload to the Site will not infringe the Intellectual Property Rights or other rights of any person.
    4. You warrant that if any User Content submitted by you to the Site reproduces the likeness or image of any person, that the person whose image or likeness is reproduced in that User Content, has provided their express consent to you, for their image or likeness to be published on the Site.
    5. You agree that:
      1. the User Content is not confidential;
      2. you are solely responsible for the User Content you post on the Site;
      3. RMA may reproduce any User Content on the Site and will determine in its discretion how it presents your User Content on the Site;
      4. RMA may make any modifications to the User Content in its sole and absolute discretion, before presenting that User Content on the Site; and
      5. RMA may determine whether or not to attribute the User Content to you, or remain silent on any attribution.
    6. You agree that RMA is under no obligation to edit, monitor or control the User Content that is published to the Site by an End User or Broker, but that RMA reserves the right to do so.
    7. You agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish on the Site, any of the following ("Infringing Content"):
      1. User Content that infringes, or may infringe, the Intellectual Property Rights or other rights of any person;
      2. User Content that impersonates any person or entity or otherwise misrepresents your relationship with RMA or any other person;
      3. User Content that is false, unlawful, misleading, libellous, defamatory, slanderous, obscene, pornographic, indecent, lewd, abusive, harassing or advocates harassment of another person, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable;
      4. User Content that can reasonably be considered to be offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or which incites such behaviour or action from others;
      5. User Content that would constitute, encourage or promote, or provide instructions for the conduct of an illegal act or omission, any criminal activity, or violate the rights of any person or party in any country of the world;
      6. User Content that has been solicited by an incentive or payment originating from a Broker or a representative of their broking agency;
      7. unsolicited promotions or SPAM;
      8. User Content which contains the private information of any person;
      9. User Content which publishes an image or likeness of a person who has not consented to their likeness or image being published on the Site;
      10. User Content that is unrelated to the page of the Site in which such User Content is posted; and/or
      11. User Content which contains viruses, malware or any other malicious software or data.
      12. For guidance on how to write commentary that may be less susceptible to removal based on potential legal liability, please refer to RMA's content guidelines.

    8. To the maximum extent permitted by law, RMA will have no responsibility or liability for any User Content or Infringing Content posted, stored or uploaded on the Site, or for any loss or damage suffered by you or any other person as a result of the Site storing, holding, or making available, any User Content or Infringing Content to End Users, Brokers or other members of the public.
    9. RMA is under no obligation to review any User Content to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains falsehoods.
    10. Subject to clause 7.8, if you have any complaints or objections to material or content including User Content posted on the Site, or if you consider any User Content to be Infringing Content, you may contact us and notify us of the relevant content by following our takedown procedure ("Takedown Procedure") and submitting a takedown request ("Takedown Request"). Please click here to view our Takedown Procedure.
    11. Where you submit a Takedown Request, you agree to follow any procedures which RMA specifies from time to time, and you agree to provide RMA with all information which it requests in considering your Takedown Request, including but not limited to information verifying your identity and the basis upon which you consider the relevant User Content to be Infringing Content.
    12. You acknowledge that notwithstanding your Takedown Request, RMA is under no obligation to remove any Infringing Content other than where stated in this Agreement or where required by law.
    13. If RMA does remove allegedly Infringing Content, then you acknowledge that such removal is done on a without prejudice basis, and upon such removal, you agree to release RMA from any action, claim, proceedings, damages or other obligation which you may make, institute or claim against RMA in relation to the allegedly Infringing Content.
    14. You indemnify and keep indemnified, RMA, its agents, employees and officers against all loss, cost, expense or damage which RMA, its agents, employees or officers suffer or incur, as a direct or indirect result of:
      1. your breach of this Agreement or violation of any law or Intellectual Property Rights or other rights of a third party;
      2. you posting or uploading any Infringing Content to the Site; or
      3. any legal proceedings or any claim made against RMA by a third party, which arises directly or indirectly from any Infringing Content posted or uploaded by you to the Site.
  8. LIABILITY AND DISCLAIMER
    1. You acknowledge that RMA has made no warranties that the Services or Products will be error free.
    2. You agree that RMA will not be liable or responsible for any failure in, or delay to, the provision of the Services or Products or in RMA complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
      1. fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
      2. denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
      3. a significant demand being placed on RMA's services which is above the usual level of demand and which results in a failure of RMA's software and hardware to function correctly;
      4. the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to RMA; or
      5. any other circumstances or event similar to the above which is beyond the reasonable control of RMA.
    3. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under this Agreement. However, if a supply under this Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in this Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then RMA's liability is limited to:
      1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again,

        and

        in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

        and except in the case of a major failure (as that term is defined in the Australian Consumer Law), RMA can elect as between the remedies set out in paragraphs 7.4.2.1 and 7.4.2.2.

    4. Subject to clause 8.3, and to the extent permitted at law, RMA's liability to you arising directly or indirectly under or in connection with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Services or Products, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity, is limited as follows:
      1. RMA excludes all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Products or Services; and
      2. RMA's total aggregate liability under or in any way connected with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Products or Services, is otherwise limited to the greater of:
        1. AUD$10; and
        2. the total amounts you have paid to us for the Products or Services that are the subject of the relevant claim.
  9. PRIVACY POLICY
    1. You acknowledge that, in order to provide the Services and Products, RMA (and its associated or related entities) may collect and use the personal information you provide to RMA in accordance with the RMA Privacy Policy. By using the Site or the Services, or by purchasing any Products, you agree to the terms of the RMA Privacy Policy. To view the RMA Privacy Policy, please click here.
  10. GENERAL CLAUSES
    1. RMA reserves the right to revise and amend this Agreement in its discretion, as follows:
      1. if RMA considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended Agreement (as applicable) on the Site;
      2. if RMA considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Site describing the change.
      3. Your continued use of the Site after an amendment will mean that you agree to that amendment. You must stop using the Site if you do not agree to an amendment.

    2. Any notice given under this Agreement must be in writing and must be signed by the party giving the notice. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:
      1. in the case of a notice delivered by hand, when so delivered;
      2. in the case of a notice sent by pre-paid express post, on the third clear Business Day after the date of posting;
      3. in the case of a notice sent by email, at the time that the email is sent, unless the sender receives a notification that the email was delayed or not received; or
      4. in the case of a notice sent via functionality contained in the Site, at the time the notice was sent,
      5. but if the effect of paragraphs (a) - (d) above is that a notice is taken to have been received before 9:00am or after 5:00pm on a day which is not a Saturday, Sunday or public holiday in Melbourne, Victoria, Australia ("Business Day"), or on a day which is not a Business Day, then the notice is taken to have been received at 9:00am of the next Business Day.

    3. Neither party is the partner, agent, employee or representative of any other party and neither party has the power to incur any obligations on behalf of any other party.
    4. There are no other representations, promises, warranties, covenants or undertakings between the parties and this Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
    5. A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
    6. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the extent that the invalid or unenforceable provision will be treated as severed from this Agreement.
    7. You must not assign or novate any of your rights or obligations under this Agreement. You agree that RMA may however assign or novate this Agreement at any time, with or without notice to you.
    8. The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
    9. This Agreement will be construed in accordance with and will be governed by the laws in force in the State of Victoria, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria, Australia or the Commonwealth of Australia and any courts of appeal from these courts.

Product Addendum (Promoter)

The terms and conditions in this addendum ("Promoter Addendum") apply to the supply of digital advertising packages by RMA ("Promoter Product"). This Promoter Addendum constitutes a Product Addendum under clause 5 of the Terms and Conditions.

  1. ORDERING A CAMPAIGN
    1. Brokers with an active Account may submit orders to use the Promoter Products for online advertising campaigns ("Campaigns") via the Promoter Product page on the Account portal.
    2. When submitting an order, you will select the particulars of the Campaign, including the Term, scope, budget, platforms and geographical reach ("Campaign Specifications") based on the tailored packages made available by RMA from time to time.
  2. DELIVERING A CAMPAIGN
    1. RMA will deliver the Campaign according to the Campaign Specifications selected when submitting the order. At various stages throughout the Campaign, you may be able to manage the progress of the Campaign via your Account portal.
    2. RMA may, in its sole discretion, agree to vary the Campaign Specifications and/or the Fees payable if requested (including by making permitted changes via your Account portal). RMA will not be obliged to agree to such a request and any variation will only be binding if approved by RMA.
    3. The Term of a Campaign will be determined when selecting the Campaign Specifications at the time of submitting an order. The Campaign will end on the earlier of the expiry of the Term or the depletion of the budget agreed in the Campaign Specifications. Campaigns will not automatically renew and you will be required to order new Campaigns to continue accessing the Promoter Products.
  3. PAYMENT TERMS
    1. The Fees payable for each Campaign will be based on the price list we publish on the Site from time to time and will be specified on the check-out page at the time of purchase.
    2. Fees must be paid in full and up-front upon ordering a Campaign.
    3. You may pay the Fees by entering new credit card details or using credit card details stored on your Account.
    4. The credit card selected at the time of ordering will be direct debited for the full amount of the Fees applicable for a Campaign, upon confirmation of your purchase.
    5. A tax invoice will be made available on your Account for review and download shortly after your payment is received and processed by RMA.
  4. TERMINATION
    1. You will not be able to suspend or end a Campaign which has been ordered and paid for, unless RMA agrees to a variation under clause 2.2 of this Promoter Addendum.
    2. RMA may suspend or terminate a Campaign or your right to access the Promoter Products in accordance with clause 5.8 of the Terms and Conditions.
    3. RMA will not refund any portion of the Fees (including where the Campaign is terminated or not fully completed for any reason) except if RMA agrees to a variation under clause 2.2 of this Promoter Addendum.