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1.1 Listing Loop allows Members to create Listings on its Website to advertise a Listed Property.
1.2 Listing Loop is not a licensed real estate agency. Listing Loop acts solely as an intermediary in providing the Listing Services, and does not negotiate or act on behalf of the Member in relation to any sale or lease transaction. No information given on the Website should be regarded as a substitute for professional legal, real estate or financial advice. Members should obtain their own professional advice before entering into any binding or legal transaction.
1.3 The Member may select a Listing Services package offered by Listing Loop from time to time that may include, but is not limited to, advertising the Listing, a property match alert, Amplify and referrals to approved referral partners (such as for conveyancing, photography, floor plan and brochure services).
1.4 The Member acknowledges and agrees that in subscribing for the Listing Services, it complies, and will continue to comply with all required laws within state and territory in relation to the Listing, including the price advertising laws for property sales. For example, whilst Listing Loop does not provide any legal advice, owners with properties for sale in New South Wales or the Australian Capital Territory are required to be in possession of a valid ”Contract of Sale” prior to commencing an advertising campaign. The Member acknowledges and agrees that if the Listed Property is in either the New South Wales or the Australian Capital Territory (or any other relevant jurisdiction) the Member will only publish the Listing when are in posession of such forms and documents.
1.5 A Member that proposes to exclude any part of the Listing Services must notify Listing Loop in writing, and further acknowledges that there will not be any deductions to the fee relating to the Listing Services regardless of any exclusion, unless otherwise agreed by Listing Loop in writing.
1.6 All payments for the Listing Services are processed electronically by credit card, Afterpay, ZIP Pay or any other manner approved by Listing Loop. Listing Loop does not store credit card details of the Member.
1.7 After the Listing has been published on the Website, to the maximum extent permitted by law, Listing Loop will not refund any payments made by the Member in relation to the Listing Services including, without limitation, if the Member’s access to the Website or the Listing Services is terminated.
1.8 By creating a Listing, the Member acknowledges and agrees:
a) to comply with these Terms of Listing Services (in addition to theTerms & Conditions);
b) comply with the terms and conditions of services provided by any other third party introduced by Listing Loop;
c) that it is responsible for ensuring that the content of the Listing complies with these Terms of Listing Services and that Listing Loop is not responsible to review or approve the content of the Listing (although Listing Loop may do so as set out at paragraph 1.13(a));
d) that if Listing Loop is engaged to provide Amplify in relation to the Listing, Listing Loop will select the primary image to be used for Amplify;
e) that, to the maximum extent permitted by law, it is not entitled to any refund of the fees paid for the Listing Services after the Listing has been published on the Website;
1.9 The Member represents and warrants that:
a) it is:
(i) the legal owner of the Listed Property and has the legal authority to enter into any transaction for the Listing Property; or
(ii) not the legal owner of the Listed Property, and has the legal authority to enter into any transaction for the Listed Property on behalf of the legal owner of the Listed Property;
b) it is the owner of all content and intellectual property rights of any information provided in relation to the Listing, or it otherwise has the authorisation, permission or consent of the owner of, or any other relevant person, to the content or any part of the material provided in relation to the Listing;
c) the information provided in relation to the Listing does not infringe the rights, including any intellectual property rights, of any third party; and
d) will at all times comply with the Listing standards set out at paragraph 2.
1.10 Before publishing a Listing, Listing Loop will conduct a verification of the Listing within two Business Day of receiving the information submitted for the Listing. The verification may include, but is not limited to, the Member providing evidence of the Member’s authority in relation to the Listed Property or that the posting of the Listing complies will all relevant laws. The Listing will be published on the Website after verification by Listing Loop to its satisfaction.
1.11 Listing Loop does not endorse any Listing created by the Member, or any opinion, recommendation or advice expressed in the Listing.
1.12 If Listing Loop determines that any Listing has been inactive for 120 Business Days or longer, it may notify the Member of its intention to remove that Listing. If that Member does not respond to Listing Loop within 5 Business Days of that notice, Listing Loop may remove that Listing without further notice in its sole and absolute discretion.
1.13 Listing Loop has the sole and absolute discretion to:
a) edit any information provided by the Member (including to reformat, reject, review, modify or remove any information you upload, post, transmit, or otherwise make available), and to select and use any image in relation to a Listing;
b) request proof of ownership or legal authority in relation to the Listed Property; and
c) delete, deactivate or modify any Listings that are duplicated, inappropriate or otherwise do not comply with these Terms of Listing Services.
1.14 If:
a) the Member uses the Listing Services in a way that breaches these Terms of Listing Services;
b) the Member does not comply with any reasonable requests by Listing Loop; or
c) Listing Loop deems any Listing to be unacceptable,
Listing Loop may take any action it deems necessary including but not limited to, removing the Listing, amending the access to the Member’s account, terminating the Member’s account or any other action that Listing Loop deems appropriate in its sole and absolute discretion.
1.15 The Member grants Listing Loop an irrevocable and perpetual licence to use any photo, video or information provided or uploaded to Listing Loop in relation to a Listing for use of Listing Loop’s promotional services.
1.16 The Member agrees to indemnify, and keep indemnified, Listing Loop from and against any loss or claims, including any third party claims, arising out of a breach of these Terms of Listing Services by the Member.
1.17 Listing Loop is not liable for any loss to the extent that it is caused by the Member (for example, through the Member’s negligence or breach of contract).
1.18 Listing Loop reserves the right to amend these Terms of Listing Services from time to time on giving notice to you.
1.19 If any of the terms in these Terms of Listing Services on our site are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
1.20 If any provision of these Terms of Listing Services or its application to any person or circumstance is or becomes invalid, illegal or unenforceable, the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these Terms of Listing Services shall not in any way be affected or impaired.
1.21 These Terms of Listing Services are governed by the laws of Victoria, Australia, and the Members submit to the non-exclusive jurisdiction of the courts in that state.
2.1 To preserve the image and quality of the Listing Services, the Member must adhere to the following conditions in relation to a Listing:
a) the images used for a Listing:
(i) must not contain any humans, texts or advertising;
(ii) must be of good quality and of high resolution; and
(iii) are owned by the Member, or the Member has the permission to use, any such images;
b) the description of a Listing must not contain dishonest, misleading and deceptive information, or any material which is offensive, defamatory, discriminatory, abusive, obscene or otherwise illegal;
c) the Member must:
(i) include the address of the Listing;
(ii) ensure that the details of the Listing are true, correct and not duplicated in multiple listings;
(iii) ensure that the details of the Listing are up-to-date at the time they are created and are kept up-to-date for the duration of the time they are available on the Website;
(iv) respond to any enquiries from another Member expressing interest to the Listing within 24 hours;
(v) pause the Listing, provide alternative contact information on the Listing or otherwise advise Listing Loop if the Member will not be available to respond to any enquiries in relation to the Listing for more than 5 Business Days after the enquiry is sent to the Member;
(vi) mark the Listing as ‘Under Offer’ within 24 hours upon receipt of a written offer from a Member;
(vii) remove the Listing within 24 hours upon the Listed Property being no longer available (for example, if the relevant property is sold or leased (as appropriate));
(viii) remove the Listing as soon as reasonably practicable, if for whatever reason, the Member no longer intends to advertise the Listed Property; and
(ix) comply with all required laws within their state and territory in relation to the Listing; and
d) the Member must not:
(i) remove and relist the same Listed Property in order for the Listing to appear as a new Listing;
(ii) create a Listing that relates to a Listed Property that has been listed by a licensed real estate agent on any platform without their written consent; and
(iii) insert any personal information, such as contact name, email address or phone numbers, or any third party links (such as URL links) in the Listing.
In these Terms of Listing Services:
a) Amplify means a social media advertising product or related products provided by Listing Loop that promotes Listings or the Member’s profile on Facebook, Instagram and other social media platforms nominated by Listing Loop from time to time;
b) Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria;
c) Listed Property means a property that is for sale or lease (as appropriate);
d) Listing means an online advertisement of a Listed Property on the Website that contains graphics, photos, text, videos, and location data relating to the Listed Property;
e) Listing Services means the services offered by Listing Loop for a Member to advertise its property by creating a Listing on the Website;
f) Member means a member who registered and maintains a valid account on the Website; and
g) Website means Listing Loop’s website at https://listingloop.com.au/.
Listing Loop offers Listing Loop approved Clients the opportunity to further enhance their property listings with the purchase of Listing Loop’s Amplify social media advertising products.
Amplify is a social media property advertising product that promotes property listings on Facebook and Instagram via Listing Loop’s social media accounts.
By agreeing to these terms and conditions when purchasing the Amplify product either individually or within a Private Listing package you agree that:
Listing Loop and its associated entities make no representation or warranty in relation to the results of any Facebook or Instagram campaign including traffic levels, share of voice results, ad positions, Cost per Click, Click Through Rates etc. Results can be impacted by a range of factors including but not limited to the competitiveness of the ad targeting, ranking algorithms, photos, creative, property price and condition, and economic conditions.
You acknowledge and agree that Listing Loop charges a management fee of forty percent for the amount of social ad spend booked with Listing Loop. The fee includes all management and creation of the ads.
You understand that the social media ads will not include the property address or your seller contact details as the ad placement will require the user to click through to the Listing Loop website to unlock or view the property. Listing Loop will endeavour to get your approval upon request on the ad copy prior to release however will not guarantee it if you do not respond to Listing Loop’s communication for approval.
Listing Loop may refuse service or limit, suspend, your ad at any time, with or without cause.
Listing Loop will endeavour to remove any negative ad comments however takes no responsibility on any impact a comment may have on a property ad via the Amplify service.
You may discontinue your use of Amplify at any time and you acknowledge and agree that once the ad is live there is no refunds on the committed ad spend or management fees.
Listing Loop will endeavour to but doesn’t guarantee the audience reach or the ability to run a campaign to the exact number of days as a campaign reach and time frame can be impacted by a number of factors outside of Listing Loop’s control.
Updated 27/04/2022
Last Updated: April 28, 2022