End User License Agreement

Welcome to Quiet List.

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the real estate listing, buying and selling platform (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, The Quietlist Pty Ltd ACN 670 991 992 (Quiet List, the Company, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Real Estate Agents), which sets out additional terms that apply to Real Estate Agents, being Real Estate Agents and
Part C (Buyers Agents), which sets out additional terms that apply to Buyers Agents, being those who seek to purchase properties for their clients.

If you intend to use the Platform as a Real Estate Agent, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Buyer’s Agent, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the services available through our Platform and any associated services we offer.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Part A – All Users

ELIGIBILITY
1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
  1. over the age of 18 years and accessing the Platform for personal use; or
  2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
4. If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to the Company that you do hold such Qualifications and if requested, will promptly provide the Company with evidence of the Qualifications.
ACCOUNTS
1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
3. You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
4. Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
5. Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
6. The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
7. The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
NUMBER OF ACCOUNTS
1. Users with multiple branches within their company must obtain additional Accounts (and pay the associated fees) with the Platform for each branch that is located within a radius greater than 2 kilometres from any other branch.
2. The 2-kilometre radius is measured as the shortest practical distance between the main entrances of the company offices. The Platform uses geographic information system (GIS) technology to measure and enforce this requirement.
3. By using this Platform, users agree to adhere to these Account requirements and ensure that all necessary additional Accounts are obtained for their branches as stipulated.
USER OBLIGATIONS
As a User, you agree:
1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
  1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
  2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;
4. not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
5. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
6. that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
7. that information given to you through the Platform, by the Company or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
8. that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
THE PLATFORM
1. CHANGES TO THE PLATFORM
  The Company may from time to time in its absolute discretion install enhancements to the Platform, where enhancements mean any upgraded, improved, modified or new versions of the Platform.
2. LICENCE for the software on the platform
  During the term of the Subscription, the Company grants to the User a non-exclusive, non-transferable licence to use the Platform in accordance with this agreement.
3. HOSTED SERVICES
  The Company will store User Data using a third-party hosting service selected by the Company (Hosting Service), subject to the following terms:
  1. (hosting location) The User acknowledges and agrees that the Company may host the Software via cloud-based services which use storage servers located in and potentially outside Australia.
  2. (service quality) While the Company will use its best efforts to select an appropriate hosting provider, the Company does not guarantee that the Hosting Service will be free from errors or defects or that User Data will be accessible or available at all times.
  3. (security) The Company will use its best efforts to ensure that User Data is stored securely. However, the Company does not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to Client Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference
  4. (backups and disaster recovery) In the event that User Data is lost due to a system failure (e.g., a database or webserver crash), the Company cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.
4. SUBCONTRACTING
  The Company may subcontract any aspect of providing the Platform and the User hereby consents to such subcontracting.
POSTED MATERIALS
1. WARRANTIES
  By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
  1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  2. the Posted Material is accurate and true at the time it is provided;
  3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
  6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  8. the Posted Material does not breach or infringe any applicable laws.
2. LICENCE
  1. You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
  2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
  3. You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
3. REMOVAL
  1. The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
  2. You agree that you are responsible for keeping and maintaining records of Posted Material.
SUBSCRIPTION
1. For Users, the Platform is only available on a paid subscription basis (Subscription). During the Account registration process, you will need to select one of two subscription tiers (Subscription Tier) for your Account:
  1. Real Estate Agent (if you are licenced Real Estate Agent using the Platform to assist with the sale of a property); or
  2. Buyers Agent (if you are a licenced Buyers Agent using the Platform to view properties).
2. The Services on the Platform available to you will be different depending on the Subscription Tier you select, as set out on the Platform from time to time.
3. You will be required to pay a subscription fee (Subscription Fee) to access the Services. The associated Services available for a Subscription Tier and the amount of the Subscription Fees for a Subscription Tier will be set out in the Platform.
4. Depending on your selected Subscription Tier, you will have the option to subscribe on a month by month or annual basis (Subscription Period).
5. Your subscription will automatically renew for your selected Subscription Period and continue to automatically renew for your selected Subscription Period at the end of each Subscription Period unless you cancel your subscription.
PAYMENT
1. (Payment obligations) You must pay for access to the Platform via a Subscription, in accordance with any tax invoice issued by us.
2. (Subscription Fees) You must pay the Subscription Fees in advance. Your Subscription Fees amount will be charged in accordance with your selected Subscription Tier and Subscription Periods automatically unless you cancel your subscription before the end of the Subscription Period. You authorise us to continue to debit the Subscription Fees from your selected payment method at the end of each Subscription Period.
3. (Unable to charge) If we are unable to charge your selected payment method we may immediately cancel or suspend your Account.
4. (Amend Subscription Fees) We may, at our discretion, amend the amount of the Subscription Fees at any time. You will not however be charged the amended amount of the Subscription Fees until your subscription is renewed.
5. (Charge Back) We will not pay any charge back amount if you fail to cancel your subscription.
6. (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). Any third party fees or charges in respect of our Online Payment Partner must be paid directly by the Customer.
7. (Late Payment) If you do not pay the relevant fees owed to us:
  1. on or before the date it is due, we may immediately cease providing the Services and terminate your Account;
  2. within 30 after the date it is due, without limiting any of our other rights under these terms, interest will begin to accrue at a rate of 10% per annum, on each amount outstanding, accruing daily and compounding monthly, from the due date for payment to the date on which payment is received by us, which you must pay us;
  3. within 60 days after the date it is due, we may seek to recover the amount due by referring the matter to a collection agency; and
  4. you must reimburse us for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under this agreement.
IDENTITY VERIFICATION
1. (Verification) We may offer or require Users to verify their details (including a valid workplace email address, Australian Company Number and real estate agents licence number) using our processes or an external identity verification service as applicable (Verification Service).
2. (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 20. Where a Verification Service is used, you acknowledge and agree that:
  1. we may contact and share your personal information with a Verification Service to verify your details;
  2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
3. (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
4. (Warranty and Indemnity) You acknowledge and agree that:
  1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
  2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
  3. we do not endorse any User, Service Listing or Verification Service.
ONLINE PAYMENT PARTNER
1. We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
2. The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here.
3. You agree to release the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
4. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
SERVICE LIMITATIONS
While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
1. the Platform may have errors or defects (or both, as the case may be);
2. the Platform may not be accessible at times;
3. messages sent through the Platform may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Platform may not be secure or confidential; and
5. any information provided through the Platform may not be accurate or true.
INTELLECTUAL PROPERTY
1. The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of receiving the benefit of the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
3. In this clause 12, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
THIRD PARTY TERMS SUPPLIERS
1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.
DISPUTES BETWEEN USERS
1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via info@quietlist.com.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
4. The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
5. The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
6. If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
7. Notwithstanding any other provision of this clause 15, you or the Company may at any time cancel your Account or discontinue your use of the Platform.
SECURITY
The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
DISCLAIMER
1. (Introduction service) The Company is a medium that facilitates the introduction of Buyers Agents and Real Estate Agents for the purposes of listing properties, communicating offers and other information as set out in our website and on the Platform. The Company simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Buyers Agents and Real Estate Agents in relation to such services or otherwise resulting from the introduction.
2. (Limitation of Liability) To the maximum extent permitted by law and subject to clause 17(c), the total liability of each party (being you, the User and us, the Company) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
3. Clause 17(b) does not apply to your liability in respect of loss or damage sustained by the Company arising from your breach of:
  1. Clause 19;
  2. Clause 12;
  3. Clause 29.
4. (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
5. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
6. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
  1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
BYPASSING
1. You must not engage a User outside the Platform. Any further requests for goods and services from a User must be made through the Platform.
2. The Company in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 18.
CONFIDENTIALITY
You agree that:
1. no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
2. all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
PRIVACY
We are committed to protecting your privacy and will handle your personal information in accordance with this agreement and any obligations we hold under applicable legislation or privacy guidelines.
NO AGENCY RELATIONSHIP
The use of this Platform does not create any agency, partnership, joint venture, or employment relationship between Users (including real estate agents) and us. We do not endorse or recommend any particular real estate agent or property listing.
COLLECTION NOTICE
1. We collect personal information about you in order to to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
1. this agreement is between you and the Company and not with Apple. Apple is not responsible for the Services or any content available on the Services;
2. Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
3. in the event of any failure of the Company to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be the Company’s responsibility;
4. Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
  1. product liability claims;
  2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection, privacy, or similar legislation;
5. in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
6. that you represent and warrant that:
  1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
  2. you are not listed on any U.S. Government list of prohibited or restricted parties;
7. you must comply with applicable third party terms of this agreement when using the Services; and
8. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
TERMINATION
1. Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
3. In the event that a User’s Account is terminated:
  1. the User’s access to all posting tools on the Platform will be revoked;
  2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
  3. the User may be unable to view the details of other Real Estate Agents (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Buyers Agents and Real Estate Agents where tax related misconduct has occurred.
RECORD / AUDIT
To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.
NOTICES
1. A notice or other communication to a party under this agreement must be:
  1. in writing and in English; and
  2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
  1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
  2. when replied to by the other party,
    whichever is earlier.
GENERAL
1. GOVERNING LAW AND JURISDICTION
  This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
2. WAIVER
  No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
3. SEVERANCE
  Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
4. JOINT AND SEVERAL LIABILITY
  An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
5. ASSIGNMENT
  A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
6. COSTS
  Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
7. ENTIRE AGREEMENT
  This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
8. INTERPRETATION
  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B – Real Estate Agents

SERVICE LISTINGS
You acknowledge and agree that:
1. you have the right to list the properties and that all information provided is accurate, current, and not misleading;
2. you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
3. the Company may choose not to accept any Service Listing you submit to the Platform, and the Company may limit the number of Service Listings you can submit to the Platform;
4. any information you supply in a Service Listings must be true, timely and accurate;
5. you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
6. you must deal with any dispute with a Customer in accordance with clause of Part A;
7. any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve the Company in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
8. the Company will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Service Listing.
DOCUMENT UPLOAD REQUIREMENT
1. In compliance with fair trading regulations, all Real Estate Agents must upload the following documents to the platform before a Service Listing can be activated and made live on the Platform:
  1. A copy of the Agency Agreement.
  2. A copy of the Contract of Sale.
2. The Company reserves the right to verify the authenticity and completeness of the uploaded Agency Agreement and Contract of Sale. Service Listings will not be approved for activation until these documents have been reviewed and verified.
3. By listing a property on the Platform, you agree to ensure that all necessary documentation is provided in accordance with fair trading laws.
PROVISION OF SERVICES
1. You must ensure that all services specified in a Service Listing are:
  1. in accordance with all applicable laws, regulations, tax obligations and industry standards;
  2. with due care and skill and in a professional, punctual and diligent manner; and
  3. so that the services are fit for their intended purpose.
2. You acknowledge and agree that a Buyers Agent may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 4 of Part C of this agreement.
3. If a Customer requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.
WARRANTIES
By listing yourself as a Service Provider on the Platform, posting a Service Listing or responding to a Service Request, you represent and warrant that:
1. you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
2. you will provide services to each Customer:
  1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
  2. in compliance with all applicable laws; and
3. any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part C – Buyers Agents

ACCURACY OF INFORMATION
The property listings provided on this Platform are supplied by independent real estate agents. We do not verify the accuracy, completeness, or reliability of any information, including but not limited to property descriptions, photos, and pricing. Users are advised to conduct their own due diligence and verify all information independently before making any real estate decisions.
RISK
You acknowledge and agree that you are using the Platform at your own risk. It is your responsibility to verify the identity of a user and conduct your own independent enquiries and assessments before deciding to engage with that user or relying on any information on the PlatformWe will have no obligation to verify the identity or credibility of any user on the Platform, or any information provided by a user on the Platform. We may provide links to third party individuals and companies on the Platform, but we do not control or endorse them. We also do not examine, determine or warrant the competence, solvency or information of any user on the Platform.
CANCELLATIONS
The Company will have no liability or obligation to you if a Real Estate Agent cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from the Company in relation to any such cancellation.
LINKED BUSINESSES
You acknowledge and agree that:
1. the Platform provides links and introductions to Real Estate Agents owned and operated by third parties that are not under the control of the Company;
2. the provision by the Company of introductions to Real Estate Agents does not imply any endorsement or recommendation by the Company of any Service Provider;
3. the Company does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
4. any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause Part C and do not involve the Company in any way.
COMMUNICATION OUTSIDE THE PLATFORM
1. You must not communicate with a Real Estate Agent, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Real Estate Agent services that were agreed in a Service Listing or Service Request).
2. The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.

End User License Agreement

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