1.1. This website is owned and operated by Listing Loop Australia Pty Ltd ACN 628 994 276 (Listing Loop, we, our).
1.6. The Listing Loop group of companies includes Listing Loop Australia Pty Ltd and Lending Loop Pty Ltd.
2.1. The website hosts the Listing Loop technology platform, which connects potential buyers, renters and real estate agents to pre-market, off-market, and on-market real estate listings. The following is a general overview of how the Listing Loop platform works:
a. i. The Listing Loop platform allows potential Users to browse properties that have been listed by real estate agents on the platform.
ii. The properties that are shown to a potential User are determined by an algorithm that matches the User’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 sellers.
b. When a User registers on the platform, the User may be matched with an Agent Assist. The Agent Assist is an Agent who is available to provide advice and assistance to the User upon request.
c. When a User unlocks or views a property for inspection (to view the full details of the property), or lodges an enquiry for that property, the platform will:
d. Each property that is available on the platform is listed by an Agent or Property Developer, provided to Listing Loop by a partnership or is obtained from publicly available sources. When a User lodges an enquiry for a property, that enquiry will be sent to the Selling Agent.
e. Buyers and renters may also access additional services provided by Listing Loop’s approved referral partners and real estate agents whereby Buyers can request Listing Loop to introduce the Buyer to an Agent to provide the services requested by the Buyer, for example the Buyer Assist service.
2.2 Listing Loop provides the Listing Loop platform and introduction services only, and takes no responsibility for:
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:
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.
3.1 You may use the website and the platform to subscribe to:
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 or managing them directly within your User account dashboard.
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:
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:
4.3 If you are registering as a real estate agent, you also warrant and represent to us that:
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 the registration information that you provide together with information from third party sources.
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:
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 Users, Agents, and Agency Principals can terminate their membership on the platform whenever they like by sending an e-mail to Listing Loop Compliance at [email protected].
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 authorized 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 unauthorized use of your account or access to your password.
6.1 There is no charge to register an account as a User. Agents pay a fee to list properties or provide services to Buyers or Renters that Listing Loop introduces to the Agent in accordance with the relevant Direct Agreement.
6.2 Agents and Agency Principals must comply at all times with their obligations under the Direct Agreements, including but without limitation those 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 User may be paid a fee from Listing Loop or any of the Listing Loop group of companies when a User takes our a home loan or loan product via the Lending Loop Pty Ltd business.
7.1 You must:
7.2 Without limiting the above, you must not and must not permit a third party to:
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:
8.1 You are solely responsible for your interactions with other users through the website, including (but not limited to):
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, at 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:
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):
10.1 Listing Loop and the Listing Loop Logo are trademarks of Listing Loop and its related entities (Our Trade Marks).
10.2 Trademarks used on this website or in newsletters, offers, or notifications to describe third parties and their products are trademarks 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:
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:
10.6 Without limiting clause 10.5, we reserve the right to aggregate and analyze 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:
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 organizations 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.
12.1 This website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with 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-personalized 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:
13.4 If we request information and you decide not to provide us with the information (or authorize 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.
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:
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:
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:
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.
If you have any queries regarding these terms and conditions, please Contact Us.
Last Updated: February 21, 2022