Starter Package Terms and Conditions

Welcome to Listing Loop, an online real estate platform that connects buyers and renters to properties and real estate agents faster than ever before.

These terms of use are intended to explain our obligations as a service provider and your obligations as a Participant (Licensed Real Estate Agent/Agency). Please read them carefully.

Unless provided otherwise herein or any other written agreement between you and Listing Loop, these terms of use are binding on any use of the services provided by Listing Loop (Listing Loop Services) and apply to you from the time that you use the Listing Loop Services.

Background

A. This website is owned and operated by Listing Loop Australia Pty Ltd ACN 628 994 276 (Listing Loop, we, our).

B. By using this website, and in consideration of Listing Loop providing you with access to this website, you agree to the following terms of use (which include our Privacy Policy, www.listingloop.com.au/privacy and Terms and Conditions https://listingloop.com.au/terms-conditions/) (Terms of Use) which govern your access to and use of this website and the Listing Loop Services.

C. If you do not agree to these Terms of Use, you must not use or access this website.

D. The Participant wishes to use the Platform to submit Listings for Free under the Starter Package.

E. We reserve the right to amend these Terms of Use from time to time without giving specific notice, except in the event of any fees or charges. We will publish the amended Terms of Use on the website.

F. You should periodically review the Terms of Use and if you do not agree with any of the changes, you must cease using or accessing the website. By continuing to use the website and the Listing Loop Services, you will be deemed to have accepted the changes to the Terms of Use.

G. The Listing Loop group of companies includes Listing Loop Australia Pty Ltd and Lending Loop Pty Ltd.

    It is agreed:

    1. Definitions and interpretation clauses

    1.1 Definitions in this agreement:

    Agreement:

    means the terms and conditions set out within this Agreement that and any schedules and annexures that the Participant agrees to.

    Default Event:

    means any of the events listed in clause 5.1.

    Eligible Financial Product:

    means a residential or commercial property loan with a minimum loan amount of $350,000 which is provided or facilitated by Lending Loop.

    Entity Type:

    means either a Company, Trust, Partnership or Individual

    GST Act:

    means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

    Insolvency Event:

    means, in respect of a party:

      (a) if the party is an individual:

          (i) the party is declared bankrupt, a sequestration order is made and/or a person enters into a personal insolvency agreement, within the meaning of the Bankruptcy Act 1966 (Cth);

          (ii) the party is served with a bankruptcy notice, which is not satisfied within the time prescribed for in the Bankruptcy Act 1966 (Cth);

          (iii) the party enters into, or resolves to enter into, a composition with, or assignment for the benefit of, all or any class of his or her creditors; or

          (iv) a receiver or receiver and manager is appointed to the whole, or part of, the property of the part;

      (b) if the party is a corporate entity:

          (i) it is unable to pay its debts as and when they fall due;

          (ii) it fails to comply with a statutory demand under section 459F of the Corporations Act 2001 (Cth) or is deemed unable to pay its debts under section 585 of the Corporations Act 2001 (Cth);

          (iii) a meeting is convened to consider placing it in voluntary liquidation or appointing an administrator;

          (iv) an application is made for it to be wound up;

          (v) a controller, as defined by section 9 of the Corporations Act 2001 (Cth), is appointed;

          (vi) it enters or proposes to enter into, any form of arrangement with its creditors; or

          (vii) anything analogous to or having a substantially similar effect to any of the events specified above occurs; and

      (c) if the party is a trust, when a resolution is passed or an order made or other action taken for the winding up of the relevant trust,

      or anything analogous or having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.

      Intellectual Property Rights:

      means, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of copyright, patents, inventions, trade secrets, confidential information, know-how, product formulations, designs, formats, circuit layouts, databases, plant varieties, trade marks, brand names, business names, domain names, applications for any of the foregoing and any improvements, enhancements or modifications to any of the foregoing.

      Introducing Participant Incentive:

      means the sum of $500 payable in accordance with clause 3.

      Lead:

      means either an enquiry, unlocked property, or property view whereby there is an opportunity to engage with a Registered User.

      Lending Loop:

      means Lending Loop Pty Ltd (ACN 645 781 451), an entity in the Listing Loop Global group.

      Listing:

      means a listing of a Property for sale on the Platform, including without limitation information, statements, text, images, video or other data relating to the sale of that Property (whether submitted by the Participant to Listing Loop directly or by an API or XML Feed).

      Participant:

      means a Licenced Real Estate Agent, Real Estate Agency as defined in clause 2.4 (a) (i).

      Participant Employee:

      has the meaning given to the term in clause 2.2(g).

      Platform:

      means the http://www.listingloop.com.au website and any related systems.

      Potential Seller Lead:

      a Registered User that has indicated they are looking to buy a property within the next 12 months and has indicated they are either an owner occupier, investor, upgrader, downsizer or monitoring the market.

      Privacy Policy:

      means the privacy policy available on the Platform (https://listingloop.com.au/privacy/), as amended from time to time by Listing Loop.

      Property:

      means a real estate property that is an Approved Property that is only listed once for an individual address.

      Property Sale Contract:

      means a Contract in respect of a Property which has been at any time the subject of a Listing submitted to the Platform by the Participant and executed by the vendor and a purchaser.

      Registered User:

      means a user that has registered on the Platform.

      Required Fields:

      means the following information:

      1. street address;
      2. property type;
      3. number of bathrooms (except for vacant land);
      4. number of bedrooms (except for vacant land); and
      5. number of car spaces (except for vacant land),

      and any other information reasonably requested by Listing Loop from time to time.

      Note: Only one property can be listed at an individual address. 

      Sales Authority:

      means a valid sales contract between the Participant and the vendor and/or the Participant is otherwise duly authorised by the vendor to sell the relevant Property the subject of a Listing.

      Starter Package:

      means the ability for the Participant to upload unlimited Listings for free to the Platform.

      Unlocked:

      means a click by a Registered User on the unlock button to view the Listing.

      Website Terms:

      means the terms and conditions of use of the Platform available on the Platform (https://listingloop.com.au/ter...), as amended from time to time by Listing Loop.

      1. Interpretation

      In this Agreement, unless the context otherwise requires:

        (a) a reference to:

        (i) the singular includes the plural and vice versa;

        (iI) a gender includes all genders;

        (iiI) a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement;

            (iv) parties means the parties to this Agreement and to a party means a party to this Agreement;

            (v) a person includes that person's executors, administrators, successors and/or permitted assigns;

            (vi) a law:

                (A) includes a reference to any constitutional provision, subordinate legislation, treaty, decree, convention, statute, regulation, rule, ordinance, proclamation, by-law, judgment, rule of common law or equity or rule of any applicable stock exchange;

                (B) is a reference to that law as amended, consolidated, supplemented or replaced; and

                (C) is a reference to any regulation, rule, ordinance, proclamation, by-law or judgment made under that law;

            (vii) time is a reference to Melbourne, Victoria, Australia time;

        (b) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them severally;

        (c) headings are for convenience only and are ignored in interpreting this Agreement;

        (d) a reference to a party includes that party’s successors and permitted assignees;

        (e) the word 'including' or 'includes' means 'including but not limited to' or 'including without limitation'; and

        (f) where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

      2. Use of Platform

      2.1 Platform

      Listing Loop grants the Participant the right to:

        (a) submit Listings to the Platform for free under the Starter Package;

        (b) invite prospective purchasers and renters to use the Platform;

        (c) where there is a Lead, engage with the relevant Registered User; and

        (d) publish information about a Listing submitted by the Participant to the Platform Facebook, Instagram accounts and other social media platforms nominated by Listing Loop from time to time,

      during the Term, subject to:

        (e) the terms and conditions of this Agreement; and

        (f) the Participant complying with its obligations in this Agreement.

      2.2 General Obligations

      In using the Platform, the Participant:

        (a) must comply with the reasonable directions of Listing Loop, including without limitation to remove or amend any Listing;

        (b) must not engage in any inappropriate or illegal conduct, or any conduct which would place Listing Loop at risk of prosecution under the Competition and Consumer Act 2010 (Cth) or expose Listing Loop to claims on the grounds of misrepresentation, duress, unconscionable conduct or misleading and deceptive conduct, whether under statute or at common law;

        (c) must comply with all statutory requirements relevant to its activities under this Agreement in Australia (including the requirements under the Competition and Consumer Act 2010 (Cth)) and in any country other than Australia where the Participant undertakes activities under or in relation to this Agreement;

        (d) must comply with the Privacy Policy and the Website Terms, as amended from time to time;

        (e) must ensure that if the Participant provides any personal information of an individual to Listing Loop, that individual has been informed that their personal information will be used and disclosed by Listing Loop in accordance with the Privacy Policy;

        (f) must undertake to only collect, store, disclose and use personal information obtained through the Platform for the sole purpose of contacting the enquiring person in relation to the Listing they have enquired about or acting in accordance with clause 2.1  (c); and

        (g) where the Entity Type of the Participant is not an individual, may invite and/or expressly authorise a third-party individual to use the Platform, including submitting a Listing on the Platform on the Participant’s behalf, provided that the following conditions are satisfied:

            (i) the third-party individual is an employee of that entity, such as a property manager or sales consultant (Participant Employee); and

            (iI) the Participant must procure that the third party individual complies with the terms of this Agreement, and which for the avoidance of doubt, includes clauses 2.2  (a) to 2.2  (f), and 2.3.

      2.3 Listing Obligations

      In submitting Listings on the Platform, the Participant must:

        (a) include the Required Fields for each Listing;

        (b) only submit Listings which are available for sale at the time of submission;

        (c) only list each Property for sale once on the Platform;

        (d) immediately remove any Properties which are no longer for sale;

        (e) ensure that any Listing submitted to the Platform on behalf of the Participant:

            (i) is only submitted by its expressly and duly authorised representatives (such as a Participant Employee);

            (iI) is accurate and current;

            (iiI) accurately indicates the location of the property;

            (iv) complies with any guidelines or requirements of Listing Loop from time to time; and

            (v) complies with all relevant laws and regulations, including without limitation those relating to misleading and deceptive conduct, defamation, intellectual property, privacy and the sale of real estate;

        (f) where photographs or illustrations are included in a Listing, ensure that the photographs or illustrations accurately represent the relevant property and are free from borders, watermarks (unless otherwise approved by Listing Loop), location and contact details of the Participant; and

        (g) not submit any Listing on the Platform, or permit any Listings to be submitted on the Platform on its behalf, until the Participant, and/or its authorised representative, has agreed to the Website Terms electronically using the platform nominated by Listing Loop from time to time.

      2.4 Participant Warranties

      The Participant represents and warrants to Listing Loop that, at all times during the Term:

        (a) the Participant, and where applicable, any Participant Employee who submits a Listing on the Platform on behalf of the Participant:

            (i) holds all licences and accreditations required for the submission of that Listing, including without limitation a licence to sell real estate in the relevant State or Territory;

            (iI) has the authority to sell the Property which is the subject of the Listing; and

            (iiI) has complied with the regulations of the relevant State or Territory in submitting the Listing, including having obtained the authorities required by the relevant State or Authority;

        (b) it will comply with its obligations under clauses 2.2, 2.3 and

        (c) it owns or has been granted a licence for any content (including the Intellectual Property Rights) to fulfil the Participant’s obligations under clause 2.6  (a).

      2.5 Participant Acknowledgments

      The Participant acknowledges and agrees that, at all times during the Term:

        (a) Listing Loop may, at its discretion, remove or amend any Listing if Listing Loop determines that the Participant is in breach of this Agreement;

        (b) it is solely responsible for the content of the Listings;

        (c) if applicable, if it invites or authorises a Participant Employee to use the Platform (including to submit a listing on the Platform) on its behalf,

            (i) any conduct or omission by that Participant Employee in accessing and using the Platform is deemed conduct or omission by the Participant; and

            (iI) the Participant is liable to Listing Loop for any conduct or omission of that Participant Employee in accessing and using the Platform;

        (d) Listing Loop cannot guarantee that the Platform will operate continuously or without faults;

        (e) Listing Loop may contact the Participant and its Participant Employees (if applicable) using any contact details provided to Listing Loop from time to time; and

        (f) Listing Loop reserves the right to amend the terms of this Agreement without notice.

      2.6 Intellectual Property

        (a) In consideration for Listing Loop granting the Participant the rights under clause 2.1, the Participant grants Listing Loop an irrevocable, world-wide, perpetual and royalty-free licence to publish, copy, licence, use and adapt for any purpose any content (including any Intellectual Property Rights) provided by the Participant to Listing Loop during the Term, including without limitation the content of any Listings and any logo or branding of the Participant.

        (b) The licence granted in clause 2.6  (a) does not merge on the expiry or earlier termination of this Agreement.

      2.7 Release

      The Participant releases Listing Loop in respect of any cost, claim, loss, damage, expense or other liability which the Participant may suffer as a result of any failure of the Platform to operate continuously, malfunction or to provide accurate information.

      3. Introducing Participant Incentive

      3.1 Eligibility

        (a) The Participant will be entitled to the Introducing Participant Incentive where:

            (i) the Participant or a Participant Employee invites a prospective purchaser to use the Platform; and

            (iI) that purchaser:

                (A) becomes a Registered User; and

                (B) obtains an Eligible Financial Product.

        (b) The Introducing Participant Incentive is calculated on a per Eligible Financial Product basis so that each time the prospective purchaser (referred to in clause 3.1  (a)) obtains an Eligible Financial Product, the Participant will be entitled to the Introducing Participant Incentive.

      3.2 Payment of the Introducing Participant Incentive

        (a) Listing Loop will pay to the Participant the Introducing Participant Incentive within 30 days after Lending Loop notifies Listing Loop that Lending Loop has received payment from the settlement of the Eligible Financial Product.

        (b) At Listing Loop’s discretion, the Introducing Participant Incentive can be paid to the Participant:

            (i) in the form of a gift card with $500 credit (whether provided physically or electronically); or

            (iI) by direct debit to the bank account nominated by the Participant from time to time.

        (c) For the avoidance of doubt, where:

            (i) the Entity Type of the Participant is not an individual; and

            (iI) a Participant Employee of the Participant invites the prospective purchaser referred to in clause 3.1  (a) to use the Platform,

      then:

            (i) the Participant is deemed to have invited the relevant prospective purchaser; and

            (iI) the Introducing Participant Incentive will be paid to the Participant.

      4. Assignment

      The Participant may not assign any right or obligation under this Agreement without the prior written consent of Listing Loop, which may be withheld in Listing Loop’s absolute discretion, provided that Listing Loop will consent to the assignment if:

        (a) the Participant proves to the reasonable satisfaction of Listing Loop that the assignment is to an entity which is acquiring the entirety of the real estate Participant business operated by the Participant;

        (b) the Participant has paid to Listing Loop all amounts owing from the Participant to Listing Loop under this Agreement;

        (c) the Participant procures the assignee to enter into a deed of assignment with Listing Loop in a form reasonably required by Listing Loop; and

        (d) the Participant pays the reasonable legal costs incurred by Listing Loop in connection with the assignment.

      5. Default

      5.1 Default Event

      A Default Event will occur if:

        (a) the Participant fails to remedy within 14 days after receiving written notice to do so from Listing Loop a breach of this Agreement, specified in the notice, that is capable of remedy;

        (b) the Participant commits a breach of this Agreement which is not capable of remedy;

        (c) the Participant is the subject of an Insolvency Event; or

        (d) Listing Loop determines that the Participant has incorrectly disclosed any matter relating to any Property Sale Contract to Listing Loop.

      5.2 Immediate termination

      Listing Loop may terminate this Agreement with immediate effect by giving written notice to the Participant if:

        (a) the Participant or any of its directors:

            (i) are convicted of any breach under any law which could result in cancellation or suspension of licence held by the Participant;

            (iI) commit an offence under any legislation governing real estate Participant; or

        (b) the Participant or any person employed by the Participant who uses the Platform is involved in any fraudulent activity which (in the absolute discretion of Listing Loop) would result in the Participant being unsuitable to continue to use the Platform or bring the Platform or Listing Loop into disrepute.

      5.3 Default rights

      If a Default Event occurs, Listing Loop may:

        (a) terminate the Agreement by notice in writing to the Participant;

        (b) recover from the Participant as a liquidated debt payable on demand:

            (i) any costs incurred by Listing Loop as a result of the Default Event; and

            (iI) all amounts owing by the Participant to Listing Loop under this Agreement;

        (c) immediately remove the Participant's and/or any Participant Employee’s (if applicable) access to the Platform;

        (d) reallocate any Participant Employee (if applicable) to any other Participant at Listing Loop's sole discretion; and

        (e) set-off any money owing from Listing Loop to the Participant against the amounts listed in clause 5.3  (b).

      6. Goods and Services Tax (GST)

      6.1 Preliminary

      Words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in the GST Act.

      6.2 GST exclusive

      Unless otherwise stated, any amount specified in this Agreement as the consideration payable for any taxable supply does not include any GST payable in respect of that supply.

      6.3 Liability to pay GST

      If a party makes a taxable supply under this Agreement (Supplier), then the recipient of the taxable supply (Recipient) must also pay, in addition to the consideration for that supply, the amount of GST payable in respect of the taxable supply at the time the consideration for the taxable supply is payable.

      6.4 Tax invoice

      Notwithstanding the foregoing, the Recipient is not obliged under this Agreement to pay the amount of any GST payable until the Supplier provides it with a valid tax invoice for the taxable supply.

      6.5 Adjustment event

      If an adjustment event arises in relation to a taxable supply made by a Supplier under this Agreement, the amount paid or payable by the Recipient pursuant to clause 6.3 will be amended to reflect this and payment will be made by the Recipient to the Supplier or vice versa as the case may be.

      6.6 Reimbursement of expenses

      If a third party makes a taxable supply and this Agreement requires a party to this Agreement (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.

      6.7 Non merger

      This clause does not merge on completion and will continue to apply after expiration or termination of this Agreement.

      7. Notices

      7.1 Giving Notice

      Subject to clause 7.3, any notice (which includes, without limitation, a demand, request, consent, approval and any other communication made, required or authorised under this Agreement) given under this Agreement must be:

        (a) in writing;

        (b) directed to the recipient's address or email address specified by the recipient from time to time, as varied by any notice; and

        (c) hand delivered or sent by prepaid post to that address or sent by email to that email address.

      7.2 Receipt of Notice

      A notice given in accordance with clause 7.1 is taken to be received by the recipient:

        (a) if hand delivered, on delivery;

        (b) if sent by prepaid post, within Australia to an Australian address, two business days after the date of posting; or

        (c) if sent by email, when the email (including any attachment) is sent to the receiving party at that email address, unless the sending party receives a notification of delivery failure within 24 hours of the email being sent.

      In all cases, a notice received after 5.00 pm in the place of receipt or on a day that is not a business day is taken to be received by the recipient at 9.00 am on the next business day.

      7.3 Other modes of service permitted

      The provisions of this clause are in addition to any other mode of service permitted by law.

      8. General

      8.1 Entire Agreement

        (a) This Agreement:

            (i) contains the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement; and

            (iI) supersedes any prior agreement in relation to the Starter Package or understanding on anything connected with that subject matter.

      8.2 Waiver

      The failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party by this Agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of or the exercise of any other power or right under this Agreement.

      8.3 Severance

      If any provision of this Agreement is invalid and not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision are and continue to be valid and enforceable in accordance with their terms.

      8.4 Governing law and jurisdiction

      This Agreement is governed by, and is to be construed in accordance with, the law of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria and any court hearing appeals from those Courts.

      8.5 Exercise of rights

        (a) Unless expressly required by the terms of this Agreement, a party is not required to act reasonably in giving or withholding any consent or approval or exercising any other right, power, authority, discretion or remedy, under or in connection with this Agreement.

        (b) A party may (without any requirement to act reasonably) impose conditions on the grant by it of any consent or approval, or any waiver of any right, power, authority, discretion or remedy, under or in connection with this Agreement. Any conditions must be complied with by the party relying on the consent, approval or waiver.

      8.6 Remedies cumulative

      Except as provided in this Agreement and permitted by law, the rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.

      By agreeing to these terms and conditions you agree and are bound to the terms and conditions found within the following links:

      Last Updated: August 28, 2022


        Company

        Explore

        Discover

        Suburbs

      © LISTING LOOP AUSTRALIA PTY LTD 2024. USED UNDER LICENCE FROM LISTING LOOP GLOBAL PTY LTD. ALL RIGHTS RESERVED. PATENT NO. 2019101303