API Licence Terms

This agreement sets out the terms on which RMA Global Ltd ACN 169 102 543 (“RMA”) agrees to provide the RMA API to you.

By using the RMA API, you and the legal entity identified in your application for use of the RMA API, agree to be bound by the terms of this Agreement.

Pre-approval process

RMA’s API is RMA’s service that allows pre-approved licencees to retreive RMA approved data from the RMA website.

Prospective licencees seeking a licence to use the RMA API will be provided with an exclusive token for their use alone to use the RMA API.

The RMA token provided to you must be kept secured by you at all times and cannot be shared with any other party.

Use of the RMA API

RMA may release subsequent versions of the RMA API and you must obtain and use the most recent version of the RMA API at all times.

While using RMA’s API, you must not misrepresent or mask your identity in using this service.

You are limited to 10,000 calls per day to the RMA Data via use of the RMA API which limits the number of API requests you may make or the number of users you may serve,unless you have obtained RMA’s prior written agreement for a higher limit.

You must not attempt (whether directly or indirectly) to circumvent such limitations and if you wish to use the RMA API beyond these limits, you must obtain RMA’s express written consent, which consent may be withheld or approved at RMA’s discretion.

The RMA API is provided to you an “as is” basis and RMA do not represent or warrant that its API will perform to any particular standard or function, or that it will be fit for the purpose for which you wish to use it, or that it will be error free.

RMA is under no obligation to develop or upgrade its API at any time and it expressly excludes all warranties in relation to its fitness for a particular purpose, accuracy, reliability, and the environment in which you intend it to operate within.

RMA’s API may be inaccessible during certain periods to allow it or third parties acting under RMA’s instructions to perform maintenance and support services in connection with the RMA API.

While RMA will use its reasonable efforts to minimise any disruption or inaccessibility in respect of the RMA API, this is not guaranteed.

Use of the RMA Data

Subject to your receipt of a token from RMA, enabling your use of the RMA API, you will be provided with access to the following data for agents with a paid RMA subscription:
  • summary statistics for real estate agents with RMA subscriptions;

  • star ratings and text for the six most recent real estate agent reviews as published on RMA’s website;

  • the first few lines of reviews provided in respect of real estate agents as published on RMA’s website;

  • reviewer’s name for each published review without any contact details for the reviewer.

(“RMA Data”).

All use of the RMA Data must be in accordance with the RMA branding and display guidelines which are available upon request.

The RMA Data accessible to you via the RMA API may only be made available on a publicly available website, webpage or App owned/controlled by you and the RMA Data cannot be made available via any other medium without RMA’s express written consent.

The RMA Data made available to you via the use of the RMA API, must have an embedded weblink which is accessible back to RMA’s website and the RMA Data must be attributed to RMA in a manner prescribed in RMA’s brand and display guidelines.

You must not allow RMA’s Data to be used for any commercial purposes and you must contractually restrain the use of the RMA Data to only allow for personal use of the RMA Data alone and you must not permit your users to access the RMA Data in bulk.

The RMA Data accessed by you via the RMA API must not be copied or stored by you and the licence granted to you to re-publish the RMA Data is limited to making direct server calls to the RMA API for the RMA Data and distributing the RMA Data to your end users upon receipt by your servers.

You may not disaggregate any part of the RMA Data for any purpose and you must not otherwise reproduce, modify, distribute, decompile, dissemble or reverse-engineer any part of the RMA API or any of the RMA Data provided by RMA to you.

You must not facilitate a user’s ability to leave a review of a real estate agency or of a real estate agent on any webpage upon which the RMA Data appears.

Protection of RMA Data

You must use your best endeavours to ensure that the RMA Data is incapable of being crawled by ‘technological spiders or robots’ and cannot either be scraped, copied, or reviewed by search engines or other parties wishing to use or re-publish the RMA Data in any format.

You must contact us immediately if there is any reasonable basis for you to believe that the RMA Data is being used for any commercial purposes or is being used in any way contrary to the terms of this agreement.

You must be able to provide automated reporting on how many times reviews are accessed on your site and make this available to RMA.

API Monitoring

RMA may monitor your use of the RMA API to ensure your compliance with the terms of this agreement, which monitoring may include RMA accessing and using the token provided to you to access the RMA API.

You must not interfere with RMA’s monitoring of your use of the RMA API or in connection with the use of the RMA Data.

Limited relationship

Nothing in this Agreement shall be construed as creating a partnership, joint venture, or an endorsement of you by RMA.

While you may represent that you have implemented the RMA API, you may not make any other public statement that asserts or implies that any other relationship with RMA has been created, without RMA’s prior written approval.

Intellectual property rights

The RMA API, the RMA Data, and the RMA trade marks appearing in the brand and display guidelines are owned and/or licenced for use by RMA and no rights are created in your favour to either the ownership and/or use of the rights to this material other than those expressly set out in this agreement.

Limitation of liability

In no event will RMA, its officers, employees or agents be liable to you for any damages, including without limitation any indirect, consequential, special or exemplary damages arising out of your use of RMA’s API, the RMA Data or RMA’s trade marks appearing within its brand and display guidelines, even if RMA has been advised of the possibility of this damage.

Indemnity

You agree to hold harmless and indemnify RMA, its subsidiaries, officers, employees or agents from and again any third party claim arising from or in any way related to your or your users use of the RMA API, RMA Data or use of RMA’s trade marks as set out in the brand and display guidelines, violation of the terms of this agreement, including any liability or expense arising from all claims, losses, damages, expenses, including all legal costs.

Variations

RMA reserves the right to change the terms of this agreement and you are responsible for regularly reviewing the terms of use of RMA’s API.

Your continued use of the RMA API and/or the RMA Data after the effective date of such changes, constitutes acceptance of and agreement to these changes.

Termination

RMA may change, suspend or discontinue the RMA API and suspend or terminate your use of the RMA API, RMA Data and your use of RMA’s trade marks at any time for any reason upon notice to you.

You may also terminate this agreement by ceasing to use the RMA API, RMA Data and the RMA trade marks and by removing the RMA API from your websites and deleting all copies of the RMA Data and the RMA trade marks from all relevant webpages.

General terms

If any part of this agreement is held invalid, that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

If you do not comply with the terms of this agreement and we do not seek to immediately enforce these terms, this does not result in any waiver of our rights in electing to take action against you for breach of these terms at any future time.

The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its courts and its appellate courts and to the jurisdiction of the Federal Court of Australia sitting in Victoria.


Last Modified: May 29, 2019