Registered Valuer Terms

These are the additional terms that govern the Valuation Services provided by you as a Registered Valuer on the Platform.

Operative Provisions

Acceptance and Modification of These Terms

• You may only provide Valuation Services through our Platform if you agree to these Registered Valuer Terms in addition to our standard User Terms and Conditions. These Registered Valuer Terms, the Standard User Terms and Conditions, and Privacy Policy together form the entire “Agreement” regarding the Platform and the Valuation Services you provide. If there is a conflict or inconsistency between these documents, the order of precedence will be as stated above.
• If you accept these Terms on behalf of a company or other legal entity (whether as an authorised employee, agent, or attorney), you represent that you have the authority to bind that entity and its Affiliates to these Terms and the Agreement. In this case, “you” or “your” refers to that entity and its Affiliates.
• We may modify these Terms from time to time by providing you reasonable advance notice (including by resubmitting revised terms for your acceptance or notifying you using the email address linked to your Platform Account).

Definitions and Interpretation

Definitions

• Affiliate – any entity that directly or indirectly Controls, is Controlled by, or is under common Control with such party.
• Agreement – the agreement between the parties formed under clause 1.1 and includes any schedules or annexures to these Terms as well as any additional or varied terms agreed in writing.
• Control – owning more than 50% of an entity or having the right to direct its management.
• Fees – as set out in clause 4.1.
• GST – has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Act”).
• Intellectual Property Rights – all copyright, trademark, patent, and design rights, whether registered or unregistered, and all other intellectual property rights as defined under article 2 of the convention establishing the World Intellectual Property Organisation, including all rights to enforce these rights.
• Platform – the “hovr” website and Platform owned and/or provided by us, including any desktop or mobile versions and our associated smartphone applications.
• Platform Account – your account on the Platform, set up when you register or subscribe to the Platform Services.
• Registered User – a registered user of the Platform.
• Registered Valuer – a registered Certified Practising Valuer with a valid licence in one of the Australian States or Territories.
• Valuation Services – property valuation services provided by you on the Platform from time to time.
• We / Our / Us – EQED Pty Ltd (ACN 648 716 563) of Pyrmont, NSW, 2009.
• You – you, the Registered Valuer on the Platform.

Services

• You may register for a Registered Valuer account by completing and submitting the account registration form and providing all required supporting information and certification documentation requested by us during the registration process, or as later requested to support your application.
• You agree to provide Valuation Services via the Platform from time to time. You are entirely responsible for providing the Valuation Services to Registered Users.
• You warrant and represent that you will:
  • Use reasonable care and skill in performing the Valuation Services to the standard generally accepted within the industry.
  • Not breach any applicable laws or regulations.
  • Comply with all applicable laws or regulations, including the Non‑Excludable Guarantees.
  • Notify us immediately if you are no longer entitled to provide Valuation Services.
• If you fail to perform the Valuation Services, perform them negligently, or breach this Agreement, you agree that:
  • If requested by us, you will re‑perform the relevant part of the Valuation Services within 48 hours of receiving our notice; or
  • You will not be paid for the Valuation Services in question.
• The Valuation Services you provide are non‑exclusive. Nothing in this Agreement prevents you from providing Valuation Services to third parties, except as stated in clause 3.7.
• For the duration of this Agreement and for six (6) months after its termination, you must not provide Valuation Services or any other valuation‑related or professional services to any Registered User or to any person residing at an address you have valued through the Platform, without our written consent.
  Consent may be conditional on our charging a Finder’s Fee not exceeding 10% of the fees for such additional services.
• For the duration of your engagement as a Registered Valuer, you are an independent contractor. Nothing in this Agreement creates a relationship of employer and employee, principal and agent, partnership, or joint venture between the parties. Accordingly, you acknowledge and agree that you are not entitled to bring any claim against us for:
  • Workers compensation
  • Superannuation
  • Sick leave, annual leave, long service leave, or other personal leave
  • Any other employment entitlement

Engagement and Fees

• As a facilitation service, we connect you with Registered Users who wish to engage you to provide Valuation Services for a fixed fee as displayed and updated on our website from time to time (“Fees”). The Fees are inclusive of GST.
• Your engagement only commences after we have notified you that the Registered User has paid the Fees in accordance with the terms and conditions of the Platform.
• The scope of services is strictly limited to the Valuation Services requested and paid for by the Registered User as notified by us. You are not entitled to provide, and will not be compensated for, any other services.
• If you accept an engagement for Valuation Services via our Platform, you instruct us to charge the Registered User the amount of the Fees and hold those funds [on your behalf] until the relevant Services are provided and you have met the completion requirements set out below.
• Once you have validly completed a Valuation Service, you are required to “mark job as complete” within the Platform.
• Within 7 days of the end of each month, you must issue a valid tax invoice to EQED stating:
  • The job reference number
  • Your ABN
  • Our name
  • The Fees payable to you for work duly completed in the previous month
• You are wholly responsible for any GST payable in connection with the Valuation Services you provide.
• We are entitled to charge a Connection Fee for the Valuation Services facilitated by us via the Platform.
• You will be paid the amount of the Fee within 14 days of providing a valid tax invoice, less the Connection Fee for each job facilitated by us. The Connection Fee is inclusive of GST.
• We may update the Fees and the Connection Fee from time to time by updating the Fee schedule for the Valuation Services on our website for Registered Valuers.
• If we are required by law to make any GST deductions from payments made to you, we will remit those amounts to the relevant government or tax authority and provide you with evidence of such payments. You must reimburse us for any such tax payments. We may deduct the amount from payments owed to you.
• If you dispute any payment made by us, you must contact us immediately and provide full details of your claim.

Intellectual Property

• You will retain all Intellectual Property Rights in all materials created by you in connection with the Valuation Services, whether those rights exist now or are created in the future (“Valuation Materials”).
• You grant us an irrevocable, worldwide, royalty‑free licence to use, reproduce, store, adapt, and publish the Valuation Materials and to provide them to third parties, including (but not limited to) Registered Users of the Platform.

Licences and Insurance

• You confirm that you are a Certified Practising Valuer in Australia, hold all required licences to provide Valuation Services in your registered state, and are accredited by the Australian Property Institute (“Your Qualifications”).
• You acknowledge that you are solely responsible for obtaining and maintaining Your Qualifications in order to perform Valuation Services and for keeping them current and valid at all times.
• You must provide us with your licence details before you can begin providing Valuation Services and inform us of the expiry date of any licence you hold for the Valuation Services. You must keep all required licences valid for the duration you provide Valuation Services on the Platform.
• You must hold professional indemnity insurance for an amount of at least AUD $1,000,000 at all times while providing Valuation Services on the Platform.

Liability and Indemnity

• We do not represent that the information on the Platform is accurate, correct, up‑to‑date, or error‑free.
• To the maximum extent permitted by law, we will not have any liability to you for any loss or damage, however incurred, in relation to:
  • The Valuation Services you provide.
  • Your inability to use the Platform.
  • Any of the circumstances set out in clause 9.5 of these Terms.
• We are not a party to, and have no liability in respect of, the Valuation Services you provide to Clients.
• You acknowledge and agree that you are solely responsible for, and you indemnify us and all other Indemnified Parties against, any claims, suits, demands, and legal actions arising from or relating to:
  • Your Valuation Services.
  • A breach of these Registered Valuer Terms or the Agreement by you.
  • Any disputes between you and other Registered Valuers or Registered Users.
  • Any negligent act or omission by you.
  • Our use of your Intellectual Property.

Suspension and Termination

• If there is any dispute in connection with the Valuation Services you have provided, we reserve the right to immediately suspend your use of the Platform and provision of Valuation Services until the dispute is resolved, at our sole discretion and with or without notice to you.
• Where we suspend or restrict access to your Platform Account, you must not take any action to circumvent such suspension or restriction (including, without limitation, creating and/or using a different account).
• You may terminate this Agreement by providing no less than 30 days’ written notice to us.
• We may terminate this Agreement by providing at least 30 days’ written notice to you.
• We may immediately terminate this Agreement and your access to the Platform by notice to you if:
  • You breach any material term of these Registered Valuer Terms or the Agreement.
  • Your licence and/or membership expires and is not renewed.
  • It is reasonably necessary to protect our legitimate commercial interests.
• Termination of these Terms and access to the Platform does not affect any accrued rights of either party.