The purpose of ‘SHAREDLISTING HOLDCO PTY LTD’, ACN: 628 039 369 is to provide real estate agents with an integrated platform on which they can connect in an efficient and effective manner to other agents.
To this end, SharedListing offers duly appointed and authorised listing or sales agents (“Sales Agents“) the use of the SharedListing Platform (as defined below) to engage with prospective conjunction or co-joined agents (“Conjunction Agents” and, together with Sales Agents, “Real Estate Agents”) in respect of properties for sale. In these Terms & Conditions the term “Platform” means www.sharedlisting.com.au and any related application or system. The Platform may only be used for its intended purpose.
Real Estate Agents must register with the Platform to access and use the Platform. Real Estate Agents must register using valid business email addresses as provided to them by the real estate agencies or businesses where they currently work selling residential property. Private, personal or other non-business email addresses are not acceptable. Real estate agents must ensure that their registration details, including email addresses, are always kept current.
If you are using the Platform as a Sales Agent, you represent and warrant to SharedListing that:
you have been validly appointed by the owner of the relevant property (or someone authorised to act on their behalf) to act as sales agent;
such appointment has not expired, terminated or otherwise revoked; and
there is no other matter or arrangement which is inconsistent with your use of the Platform.
You may only upload properties and/or purporting to be the Sales Agent in respect of a property where the above is the case. Failure to comply with this may, without limitation, result in you being banned from using the Platform at SharedListing’s sole discretion.
If you are using the Platform as a Conjunction Agent, you represent and warrant to Shared Listing that there is no matter or arrangement which is inconsistent with your use of the Platform.
In using the Platform, all Real Estate Agents:
must comply with the reasonable directions of SharedListing;
must not make any false or misleading statement or misrepresentation concerning any listing of any real estate for sale;
must not engage in any inappropriate or illegal conduct, or any conduct which would place SharedListing at risk of prosecution or expose SharedListing to claims on the grounds of misrepresentation, duress, unconscionable conduct or misleading and deceptive conduct, whether under statute or at common law;
must comply with all statutory requirements relevant to their activities as a real estate agent from time to time; and
must ensure that if they provide any personal information of an individual to Shared Listing, that individual has been informed that their personal information will be used and disclosed by SharedListing in accordance with the Privacy Policy.
As a Real Estate Agent, you represent and warrant to SharedListing that, at all times, you hold all licences and accreditations required to act as an agent.
As a Real Estate Agent, you release SharedListing in respect of any cost, claim, loss, damage, expense or other liability which a you may suffer as a result of any failure of the Platform to operate continuously, malfunction or to provide accurate information.
By using the Platform, you acknowledge that SharedListing and its Platform merely facilitate transactions between Sales Agents and Conjunction Agents. Conjunction Agents must ensure that they have an enforceable Conjunction Agreement in place with a Sales Agent in respect of a property. Any dispute in connection with any such transaction, or in relation to a Conjunction Agreement (or any other agreement in relation to the sharing of commission), is a matter as between those parties and no claim, action or demand may be brought against SharedListing as a result of the transaction having been facilitated (directly or indirectly) through the Platform.
SharedListing does not currently charge any fee to participate in the Platform. SharedListing reserves the right to charge fees in the future, which may be on a per listing basis and/or subscription basis. If SharedListing proposes to charge a fee in the future Real Estate Agents will be notified of this.