Part A – Preliminary matters
1.1. This website is owned and operated by Listing Loop Australia Pty Ltd ACN 628 994 276 (Listing Loop, we, our).
2. Overview of the Website
2.1. The website hosts the Listing Loop technology platform, which connects potential buyers and real estate agents for off-market real estate transactions. The following is a general overview of how the Listing Loop platform works:
- The Listing Loop platform allows potential Buyers to browse off-market properties that have been listed by real estate agents on the platform.
- The properties that are shown to a potential Buyer are determined by an algorithm that matches the Buyer’s specified criteria (such as location, type of property and number of rooms) with the features of the properties (as specified by the real estate agent that has listed the property on behalf of the seller).
- When a Buyer registers on the platform, the Buyer will be matched with an Agent Assist. The Agent Assist is an Agent who is available to provide advice and assistance to the Buyer upon request.
- If the Buyer is invited to join the platform by an Agent, that Agent will be the Buyer’s Agent Assist.
- If the Buyer joins the platform directly by signing-up through the website, the Buyer can select an Agent Assist from the list of Agents who are registered on the platform.
- When a Buyer unlocks a property for inspection (to view the full details of the property), or lodges an enquiry for that property, the platform will:
- notify the Buyer’s Agent Assist, so that the Agent Assist can offer to provide assistance to the Buyer in relation to that enquiry; and
- notify the Selling Agent, and provide the Selling Agent with the Buyer’s basic contact details. A Buyer can set their preferred contact method using the Buyer’s account dashboard. If the Buyer does not select a preferred contact method, the default contact method is e-mail.
- Each property that is available on the platform is listed by an Agent, who acts as the Selling Agent for that property. When a Buyer lodges an enquiry for a property, that enquiry will be sent to the Selling Agent.
2.2 Listing Loop provides the Listing Loop platform only, and takes no responsibility for:
- any information posted or transmitted by users through the platform, including the descriptions and prices of listed properties;
- any interactions between users (including any advice given by Agent Assists to Buyers, or any interactions between Buyers and Selling Agents); or
- any transactions that are brokered through, or otherwise arise out of, use of the website or the platform.
2.3 While we make all reasonable efforts to ensure that accuracy and completeness of the information on the website that is provided by us (including any information in any Listing Loop newsletters, offers or notifications) to the extent permitted by law, we give no warranty that such information is accurate, complete or up-to-date.
2.4 Listing Loop is not responsible for, and accepts no liability with respect to any material made available on the website by another user or by any person other than Listing Loop. Listing Loop does not endorse any opinion, advice or statement made by any person other than Listing Loop.
2.5 You should make your own assessment of the accuracy, currency and suitability of any information on the website (or in any Listing Loop newsletter, offer or notification) for your own needs. To the extent permitted by law, we exclude liability for any information on the website (or in any Listing Loop newsletter, offer or notification) that contains errors or is out of date.
2.6 The information provided by Listing Loop through the website (and in any Listing Loop newsletters, offers and notifications) is general in nature. It is not intended as investment or financial advice, and should not be relied on for this purpose. We strongly recommend that you obtain independent professional advice before making any investment decision in connection with your use of the website and the platform.
2.7 We may, from time to time and without notice:
- change, add to, or remove Website Content (as defined in clause 10.3 below) or functionality of the website (including the types of products and services that you can access through the website); and
- cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of the website.
2.8 Some of the services that you can access through the website may have additional terms and conditions. The additional terms and conditions will be made available to you when you access and use the relevant services. By using any of these services, you agree to the additional terms and conditions for those services.
2.9 You are responsible for your own Internet connection, telecommunications and data costs when accessing and using the website and the platform.
3. Newsletters, offers and notifications
3.1 You may use the website and the platform to subscribe to:
- the Listing Loop mailing list, in which case we will send you:
- our e-mail newsletter that provides details of new developments in the Listing Loop platform and other information that may be of interest to Listing Loop users; and
- e-mail offers regarding our products and services (and the products and services of our trusted partners) that we think you may be interested in; and
- service notifications (such as new property alerts or Buyer activity alerts), which may be sent to you by e-mail or SMS.
3.2 You may choose to stop receiving newsletters, offers and/or notifications at any time by using the ‘Unsubscribe’ details that appear in the newsletters, offers or notifications.
3.3 You can also manage your subscriptions to newsletters, offers and notifications by logging into your account and using the settings in your account dashboard.
3.4 Our newsletter, offer and notification services are provided on an “as is” and “as available” basis, and to the extent permitted by law:
- we do not make any representation (or give any guarantee) as to the timeliness, correctness or availability of the newsletter or notification services; and
- we will not be responsible or liable for any costs or damages incurred by you not receiving newsletters, offers or notifications in any particular timeframe (or at all).
Part B – Using the website
4. Eligibility to become a Member
4.1 The website and associated services are only available for use by Australian residents. If you are not an Australian resident, you must not register for, or use, the Listing Loop platform.
4.2 By using the website or associated services, you warrant and represent to us that:
- you are 18 years of age or older, or if you are under the age of 18, you have obtained the prior consent of your parent or guardian to access and/or use the website;
- any information you submit is truthful and accurate, and that you will keep your account information up to date; and
- your use of the website and associated services does not violate any applicable laws or regulations.
4.3 If you are registering as a real estate agent, you also warrant and represent to us that:
- you hold all necessary real estate agency licences;
- you have the permission of your real estate agency to use your agency’s name and logo as part of your Agent profile on the platform; and
- where you list a property on the platform and act as the Selling Agent for that property, you have the authority of the seller and approval from the Principal of your agency to do so.
4.4 We reserve the right to accept or reject any applications to join the Platform at our sole discretion.
4.5 We may, at our sole discretion, conduct such activities as we consider necessary and appropriate to verify your identity (and the accuracy of any registration information you have provided us) for the purpose of approving your account registration request or monitoring your use of the website and the services. As part of conducting these identity verification activities, we may use registration information that you provide together with information from third party sources.
5. Accounts and Membership
5.1 Before you can access certain services available through the website, you must follow the prompts on the website to create an account and become registered as a member of the website.
5.2 The following types of accounts are available:
- Buyer: If you are a prospective off-market purchaser, you can join the platform by directly registering through the website or by accepting an invitation from a real estate agent (which may come in the form of an SMS or e-mail). Once you set up a Buyer account, you can specify your unique match preferences for properties through your personal dashboard. You will be alerted when properties matching your preferences are listed on the platform. An Agent Assist, Principal or Agency allocated to you may be paid a fee from Listing Loop when a Buyer purchases a property they unlocked that is advertised on Listing Loop.
- Agent: If you are a registered real estate agent, you can register on the platform by signing up through the website.
- All agents who are registered on the platform can act as Agent Assists for registered Buyers.
- Agents may only list properties on the platform and act as the Selling Agent for those properties:
- with the approval of their Agency Principal and the authority of the sellers; and
- if their agency has entered into a master agreement (and any other applicable terms required by Listing Loop) with Listing Loop (the Direct Agreements).
- Agency Principal: If you are the principal of a real estate agency, you may register as an Agency Principal and your account will have additional functionality that can be used to:
- manage your agency’s presence on the platform (such as branding, agency logos and business contact information); and
- track and manage the activities of Agents from your agency who are acting as Selling Agents for properties on the platform. This includes the right to withdraw properties that have been listed on the platform by Selling Agents from your agency.
Agency Principals can also act as Agent Assists and Selling Agents in the same way as other Agents.
5.3 Depending on the type of account that you register for, you may be required to enter into additional terms and conditions in order to use the Listing Loop platform (or certain features within the platform). We will make these available to you as part of the registration process, or at the time when you use the relevant feature.
5.4 Without limiting clause 9, we may suspend or terminate any user’s account at any time at our sole discretion without liability to the user.
5.5 If we need to send you any notices in writing, we may send these notices to you by e-mail or post using the contact details you have provided in your membership information.
5.6 Buyers, Agents and Agency Principals can terminate their membership on the platform whenever they like by sending an e-mail to Listing Loop Compliance at firstname.lastname@example.org.
5.7 If an Agent or Agency Principal terminates their account on the platform, this does not affect any accrued rights or obligations under the Direct Agreements between the agency and Listing Loop.
5.8 If you use the platform to invite or contact any person to join the website, you warrant that you have all consents required by law to send such communications and that the sending of such messages will not infringe any laws (including the Spam Act 2003 (Cth)).
5.9 When creating an account, you will be asked to choose a password. You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities engaged in using your account, whether or not access is authorised by you.
5.10 Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another member of the website at any time, and must not disclose your account password to any third party.
5.11 You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
6. Fees and reporting of sales data
6.1 There is no charge to register an account. Listing Loop charges a success-based advertising fee on any property sales that are brokered through the Listing Loop platform.
6.2 Agents and Agency Principals must comply at all times with their obligations under the Direct Agreements relating to the reporting and validation of sales data through the platform.
6.3 Agents and Agency Principals must ensure that all sales data reported through the platform is accurate and complete at all times.
6.4 An Agent Assist, Principal or Agency allocated to a Buyer may be paid a fee from Listing Loop when a Buyer purchases a property they unlocked that is advertised on Listing Loop.
7. Requirements when you use the website
7.1 You must:
- only use the website and the platform for the following purposes:
- if you are a Buyer or any other user, only for your personal and non-commercial use;
- ensure the accuracy, completeness and lawfulness of any information or material you share upload to the website or share with other users through the website (including that you have any necessary consents of third parties to upload such information or material);
- not use the website in breach of any applicable laws or regulations;
- not use the website to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
- not use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
- not frame or mirror any part of the website without our written authorisation; and
- not interfere with, disrupt, or create an undue burden on the website.
7.2 Without limiting the above, you must not and must not permit a third party to:
- use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Website Content (as defined in clause 10.3 below);
- circumvent, disable or otherwise interfere with security-related features of the website;
- use (or attempt to use) the website or services in an unauthorised manner to identify or discover pricing, the identity of any user, or any related business methodology or systems; or
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the website, or upload or permit any virus or malicious code to adversely affect this website or any associated equipment or data.
7.3 In this clause 7.3, “Affiliates” means a party’s officers, employees, agents, contractors, suppliers and licensors. You agree to indemnify Listing Loop and each of its Affiliates against:
- any allegation or claim against Listing Loop or its Affiliates that the use of any material you upload in accordance with clause 10.5 infringes any third party rights (including intellectual property rights) or any law.
8. Your relationship with other users of the website
8.1 You are solely responsible for your interactions with other users through the website, including (but not limited to):
- any material or information that is shared between you and any other user;
- any material or information that is posted to the website; and
- any transactions that are conducted or arranged through the website.
8.3 While we reserve the right to become involved in resolving disputes between you and other users where (and to the extent) we choose to do so, we are under no obligation to do so.
8.4 We may, in our discretion, choose to share information about users (including you) with other users where we think this may assist with resolving a dispute between the users. You agree that:
- we may use and share your information with other users for this purpose; and
- if we provide you with any such information of other users, you must only use that information for the purpose of resolving the dispute and for no other purposes.
9. Investigating prohibited uses of the website
9.2 In conducting any investigation we may use membership information and other data that we have logged in relation to the relevant user’s use of the website.
9.3 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the website, the quality of the services and the reputation of Listing Loop. These actions may include (but are not limited to):
- rejecting or taking down any Website Content submitted by you or any other user;
- suspending or terminating user accounts;
- reporting any unlawful conduct to the appropriate authorities; and
- otherwise taking appropriate legal action.
Part C – Ownership of content
10. Intellectual Property
10.1 Listing Loop and the Listing Loop Logo are trade marks of Listing Loop and its related entities (Our Trade Marks).
10.2 Trade marks used on this website or in newsletters, offers or notifications to describe third parties and their products are trade marks of those third parties (Third Party Trade Marks).
10.3 All material on this website and in any newsletters, offers or notifications, including the text, information, graphics, logos, design, layout, downloads and services (Website Content) is owned by or licensed to Listing Loop and its related entities.
10.4 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store:
- Website Content or Our Trade Marks for any purpose, other than with the prior written consent of Listing Loop, or as permitted by law; or
- the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.
All rights of Listing Loop and its licensors are reserved.
10.5 By uploading, transmitting, posting or otherwise making available any material via the website, you:
- irrevocably license Listing Loop to use, reproduce, edit, exploit and sub-license the material in any form and for any purpose (including commercial purposes), and to publish and communicate the material on the website, and you unconditionally consent to these actions for the purposes of any moral rights you may have in this material under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions;
- warrant that you have all necessary third party consents to upload such material and that our use of such material in accordance with clause 10.5(a) will not infringe any third party rights (including intellectual property rights).
10.6 Without limiting clause 10.5, we reserve the right to aggregate and analyse data that we collect through the operation of the website. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the website in the course of using the services (including reported sales data for property transactions that are brokered through the platform). With this data, we may:
- create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties);
- use the data to identify and offer you Listing Loop goods and services (as well as goods and services of our trusted partners) that we think you may be interested in; and
- use data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices.
11. Linking and Third Party Content
11.1 The website (and our newsletters, offers and notifications) may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
11.2 Third Party Content and Third Party Websites are not under the control of Listing Loop. Listing Loop does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
11.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
Part D – Privacy and data collection
12.1 This website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A ‘cookie’ is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
12.2 It is recommended that you accept cookies to make full use of this website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this website’s administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
12.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use this website to the fullest and optimum extent.
12.4 We may use the cookies on the website (as well as data collected through these collected) for commercial purposes, including targeting and displaying advertising on our website and on third party websites, social media platforms and advertising networks.
13.3 When you use the website and the services, we collect personal information that you provide to us or generate through your use of the website. This personal information is used for:
- any specific purposes for which you provided it to us;
- the general operation of the website, so that you can access and use the functions and services of the website (which include connecting with, and interacting with, other users through the website); and
13.4 If we request information and you decide not to provide us with the information (or authorise us to collect the information from third parties), we may not be able to provide you with the products and services that you have requested.
13.5 If you choose to use certain features of the website, your information may be shared with other users as part of these features (for example, direct messaging and public forums). We ask that you carefully consider what information you choose to share and post on the Listing Loop platform, and we recommend that you use the platform’s privacy settings to manage who has access to your information.
Part E – Liability
14.1 In this clause 14, Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
14.2 Nothing in this clause 14 limits, restricts, modifies or excludes:
- any rights or remedies you have under the Consumer Guarantees; or
- any other rights or remedies that cannot be lawfully excluded by agreement of the parties.
14.3 The website and its contents and associated services and functionality are provided “as is”. By accessing the website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees that might apply, Listing Loop excludes:
- the website or any of its functions will be uninterrupted, available or error free;
- defects will be corrected; or
- the website or any server that makes it available is free of errors, viruses or malicious code;
- any liability due to any delay or unavailability of any part of the website, any of its functionality or associated services;
- any liability for loss or damage incurred as a result of or in connection with the negligence of Listing Loop; and
- any liability for special, indirect or consequential loss however caused (including negligence),
arising out of or in connection with the website content, the use or performance of this website or services provided by Listing Loop in relation to or via this website.
14.4 Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again,
- the goods or services supplied are goods or services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;
- it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
- the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
These terms and conditions are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.
Part F – Contact details
16. Contact details
If you have any queries regarding these terms and conditions, please Contact Us.
Last updated: 13 Nov 2018.