Agent Terms and Conditions

We may provide the following Additional Services as set out in an Order Form or an agreed statement of work (SOW) between the parties:

aAgent Subscription Services: access to a proprietary digital platform and lead generation tools provided by the Company to the agent; and

bBroker Subscription Services: the matching and connection of prospective buyers with qualified Buyers’ Advocates for property sourcing and purchasing assistance; and the provision of promotional and marketing tools enabling Buyers’ Advocates to advertise their services and secure formal engagements from prospective buyers for the purpose of acquiring properties.

2.1Leads: We do not represent that you will receive leads, or any particular number of leads, or as to the validity or quality of leads you may receive.

2.2Non-Exclusive: You acknowledge our services are provided on a non-exclusive basis

3.1Fees: The fees for Additional Services (AS Fees) and any fees for Leads (Lead Fees) and their applicable payment terms will be specified in the relevant Order Form or SOW. All Lead Fees are non-refundable and non-cancellable.

4.1Warranties: You acknowledge and warrant that:

ayou are a properly qualified Agent and/or Buyers Agent and hold a valid real estate licence (if required) under the relevant laws within the jurisdiction of operation;

bif you are acting on behalf of an Agency when using the Site, you are authorised to do so;

cyou use the Site for the purpose of being introduced to potential Vendors and/or Buyers and must only engage with Vendors and/or Buyers in good faith;

dwe are not involved in any way with the advice, content, information or representations given by you or relied on by you via the Site;

eif you are acting as a Buyers Advocate, that any Property opportunities you present to Buyers through the AS Services are genuine and based on your connections with Vendors and/or Agents.

4.2User Content: It is your responsibility to ensure the accuracy, currency and truthfulness of the information you upload to the Site.

4.3Conduct: You must act in a manner which is consistent with our brand and does not diminish or jeopardise our reputation. Specifically:

aYou must act professionally and with integrity in your dealings with Buyers, Vendors, Buyers Advocates and/or Agents and with us;

byou must respond promptly and diligently to all leads and make reasonable efforts to provide competitive fees and high levels of service to Vendors and/or Buyers; and

cyou must comply with all laws applicable to the services you perform as an Agent or Buyer’s Advocate, including (without limitation) maintaining a current real estate agent or agency licence (if applicable) and complying with the Australian Privacy Principles and Australian Consumer Law.

4.4Suspension: If we consider that you are not upholding the standards described in clause 3.3, we may remove or suspend you from the Site and Services for such period as we determine in our sole and absolute discretion.

4.5Fees: You acknowledge and agree that if you are engaged by a Vendor to act in relation to the sale of a Property, you cannot pass on any AS Fees to that Vendor. The Vendor must not be required to pay any AS Fee in addition to the fees and commissions otherwise payable under the Sale Authority.

5.1Agent Notification requirements: You must notify us via the app or by email to enquiry@propapp.com.au of the following events:

aEngagement – within 2 Business Days after a Vendor signs a Sale Authority with you;

bContract of Sale – within 2 Business Days after a binding contract of sale is entered into for the Property, and at that time also provide us with the:

isale price; and

iischeduled settlement date;

cSettlement Date Changes – promptly, and in any event within 2 Business Days, of becoming aware of any change to the settlement date; and

dSettlement – promptly, but no later than 2 Business Days after settlement of the sale of the Property has taken place.

6.1Lead Fee: You must pay us a Lead Fee if the Property is Bought while you are Engaged.

6.2Lead Fee Exemptions: Despite clause 5.1, you will not be liable to pay a Lead Fee in respect of a Lead if, within 5 Business Days after the Lead is provided, you give us written notice (together with reasonable supporting evidence) that you had already been Engaged by the Buyer or Vendor (whichever is applicable) (or otherwise in material discussions with the Buyer or Vendor) in respect of that Property within the 4 weeks immediately prior to the Lead having been provided. If you fail to provide such notice within that timeframe, you are deemed to have accepted that the Lead originated via the Site and the Lead Fee remains payable notwithstanding any prior awareness, contact or dealings with the Buyer or Vendor.

6.3Failure to Notify: For clarity, failure to notify us in accordance with clause 5.2 is conclusive evidence that the Buyer or Vendor (whichever is applicable) or Property was introduced to you via the Site, and you remain liable to pay the Lead Fee in full.

7.1Indemnity: You and if applicable your Agency, jointly and severally indemnify us against all claims, liabilities and loss (including legal costs on an indemnity basis) (Liability) that may be brought against us or which we may pay or incur as a direct or indirect result of any one or more of the following:

aany claims brought by or on behalf of any third party relating to information or content provided by you to us;

bwithout limiting sub-paragraph a above, any claims alleging misleading or deceptive conduct, misrepresentation, or the infringement of any third party’s Intellectual Property Rights relating to information or content provided by you to us; and

cyour wrongful, wilful or negligent act or omission.

iBuyer means a person seeking to purchase a Property, or an authorised non-commercial or personauyer dl representative acting on behalf of such person;

iiBuyer’s Advocate means a licensed real estate professional, or person otherwise engaged in the business of property acquisition services, registered or applying for registration on the Site, who may be engaged to act on behalf of a Buyer to source and/or negotiate the purchase of a Property;

iiiLead means information in relation to a Property or a Vendor or a Buyer provided to you via the Site, whether or not you were previously aware of, or had any contact with, that Property or Vendor or Buyer;

ivEngage means that the Vendor signs a Sale Authority with you after the Lead was provided to you, and you are deemed to be Engaged in these circumstances;

vProperty means the property that is registered with us by the Vendor;

viSale means:

Athe Property is sold after you are Engaged; and

Bsettlement of the sale has taken place, and Sold and Sell have corresponding meanings; and

viiSale Authority means the sale authority to sell a Property, signed between you and a Vendor.

viiiVendor means the registered proprietor or authorised representative of the registered proprietor of the relevant Property.