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Last Updated: 21/10/2024
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Get Listings mobile application (the "Service") operated by Get Listings Pty Ltd ("us", "we", "our", or the "Company").
DefinitionsFor the purpose of these Terms and Conditions:
1.1 "App" means the Get Listings mobile application software provided by Get Listings Pty Ltd and downloaded by You on any electronic device.
1.2 "Account" means a unique account created for You to access our Service or parts of our Service.
1.3 "Country" refers to Australia.
1.4 "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
1.5 "Device" means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
1.6 "Feedback" means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
1.7 "Free Trial" refers to a limited period of time that may be free when purchasing a Subscription.
1.8 "Goods" refers to the items offered for sale on the Service.
1.9 "In-app Purchase" refers to the purchase of a product, item, service, or Subscription made through the App.
1.10 "Orders" mean a request by You to purchase Goods from Us.
1.11 "Promotions" refer to contests, sweepstakes, or other promotions offered through the Service.
1.12 "Service" refers to the App.
1.13 "Subscriptions" refer to the services or access to the Service offered on a subscription basis by Get Listings Pty Ltd.
1.14 "Terms and Conditions" (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
1.15 "Third-party Social Media Service" means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
1.16 "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1.17 "AI" means artificial intelligence, including machine learning algorithms and predictive models used in the Service.
1.18 "Selling Score" refers to the AI-generated prediction of a property's likelihood of being listed for sale.
Acknowledgment
2.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
2.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
2.3 By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
2.4 You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
2.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.
Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
3.1 When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account.
3.2 You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
3.3 You agree not to disclose Your password to any third party. Notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
3.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
3.5 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.
User Responsibilities and Conduct
4.1 You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
4.2 As a user of the Service, You agree not to:
a) Systematically retrieve data or other content from the Service to create or compile a collection, compilation, database, or directory without written permission from us.
b) Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email or creating accounts by automated means or under false pretenses.
c) Use a buying agent or purchasing agent to make purchases on the Service.
d) Use the Service to advertise or offer to sell goods and services.
e) Circumvent, disable, or otherwise interfere with security-related features of the Service.
f) Engage in unauthorized framing of or linking to the Service.
g) Trick, defraud, or mislead us or other users, especially in attempts to gain sensitive account information.
h) Submit false reports of abuse or misconduct.
i) Use any automated system, such as scripts, bots, or similar tools, to access or use the Service.
j) Interfere with or disrupt the Service or the networks connected to the Service.
k) Impersonate another user or person.
l) Use the Service in any way inconsistent with applicable laws or regulations.
Purchases and Subscriptions
5.1 All Goods available on the Service are subject to availability. We reserve the right to discontinue any Goods at any time for any reason.
5.2 Prices for Goods are subject to change without notice.
5.3 Subscription Services:
a) Subscriptions are billed on a recurring basis ("Billing Cycle").
b) Your Subscription will automatically renew unless canceled before the end of the current Billing Cycle.
c) A valid payment method is required. You authorize Get Listings Pty Ltd to charge Subscription fees automatically.
5.4 Free Trial:
a) We may offer Free Trials at our sole discretion.
b) Billing will begin at the end of the Free Trial unless canceled.
5.5 Refunds:
a) Except when required by law, paid Subscription fees are non-refundable.
b) Refund requests may be granted at our discretion.
AI and Selling Scores
6.1 The Service uses AI to generate Selling Scores and predictions. You agree that:
a) These predictions are based on algorithms and are not guarantees.
b) Use Selling Scores as one of many tools in decision-making.
6.2 You must comply with all applicable laws and regulations when using AI-generated insights.
Intellectual Property
7.1 The Service and its original content are owned by Get Listings Pty Ltd and its licensors.
7.2 By posting Content through the Service, You grant us a license to use, modify, and distribute that Content.
7.3 You are responsible for ensuring you have the rights to post any Content on the Service.
Prohibited Uses
9.1 You may use the Service only for lawful purposes. You agree not to:
a) Violate any laws.
b) Harass, intimidate, or abuse others.
c) Impersonate Get Listings Pty Ltd or other users.
d) Transmit malicious code.
e) Disrupt or damage the Service.
Disclaimer of Warranties
10.1 The Service is provided "AS IS" and "AS AVAILABLE."
10.2 We do not guarantee uninterrupted or error-free Service.
Limitation of Liability
11.1 Get Listings Pty Ltd is not liable for indirect or consequential damages.
11.2 Liability is limited to the amount paid to Get Listings Pty Ltd in the 12 months before the event or $100, whichever is greater.
Indemnification
12.1 You agree to indemnify and hold harmless Get Listings Pty Ltd and its affiliates against claims, damages, and liabilities arising from your use of the Service.
Termination
13.1 We may terminate or suspend your account at any time for any reason.
Governing Law
14.1 These Terms are governed by the laws of Australia.
Dispute Resolution
15.1 You agree to resolve disputes informally by contacting us first.
15.2 For Australian users, disputes will be resolved via arbitration in Sydney, Australia.
Amendments to Terms
17.1 We may update these Terms by posting changes on this site.
Acknowledgment
19.1 By using the Service, you acknowledge that you have read and agree to these Terms.
Contact Us
20.1 For questions or feedback, contact us at info@getlistings.com.au.