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Terms of Use Agreement

Effective Date: 20/05/2025

WHAT WE DO

PostMyListing is a proudly homegrown platform, built right here in New South Wales, Australia.

We're here to help homeowners find real estate agents who prioritise their clients. Instead of being treated like a lead, homeowners on our platform own their listings, and get rewarded for them.

For agents, we offer a better way to grow your business no more chasing cold leads. With PostMyListing, you connect directly with real listings, at a predictable cost.

WHAT WE DON'T DO

We're not agents or auctioneers, and we don't sell leads. PostMyListing is simply a place to market listings and connect the right people.

ACCEPT OUR TERMS OR DO NOT USE OUR SERVICE

This User Agreement outlines the terms and conditions governing your use of our services, including our website at www.postmylisting.com and any related features or tools (collectively, the "Services"). By accessing or using the Services in any way, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

This is a legally binding agreement between you and PostMyListing. If you do not agree to these terms including the arbitration clause and class action waiver set out below, you must not access or use the Services.

We're committed to creating a platform built on trust, clarity, and fairness, and these terms help us uphold that standard.

ABOUT AGENTS

Real Estate Agents who visit and sign up to the PostMyListing platform agree to receive email notifications when a listing is available in their area, as well as important information relating to their account and or data.

OUR RULES FOR AGENTS

As an agent using our platform, you agree to follow these simple but important guidelines:

  • You agree to act professionally and ethically.
  • By signing up, you agree to follow this User Agreement, along with all relevant laws, professional standards, and industry regulations.
  • You agree to our simple and transparent process.

When you opt in, we'll notify you by email when relevant listings become available in your area. You'll then have the chance to make an offer to the homeowner. Your offer includes:

  • The duration of the listing agreement
  • Your commission rate
  • A cash offer to the homeowner
  • Your PostMyListing service fee (shown upfront)

If the homeowner accepts you as their Agent on the PostMyListing, you'll have the opportunity to contact and consult with the homeowner, you'll confirm an agreement has been signed by you, pay the offer and service fee, then once the homeowner has agreed they've signed an agreement the offer money will be released to the homeowner. If no agreement is signed in time, the homeowner may choose a different agent. A homeowner can only accept an offer from one agent at a time.

You understand our role.

We're not a brokerage, we're a marketing platform that helps you connect with motivated homeowners. Once you've been chosen by a homeowner, consulted and signed a listing/agreement agreement, your relationship with the homeowner is governed by your own agreement, not by us.

This means we're not responsible for issues like:

  • The home not selling
  • Disagreements with the homeowner about pricing or strategy
  • Service provider choices (like title or escrow)
  • The homeowner refusing offers or underperforming
  • Any other disputes that arise after you've entered into a listing agreement

These matters are between you and the homeowner.

You agree to respect our platform and our homeowners.

The listings you see on PostMyListing are the result of time, effort, and investment. You agree not to bypass the platform by contacting homeowners directly or negotiating off-platform. Doing so violates this agreement and may result in legal action, including reporting to regulators or pursuing damages.

You acknowledge that homeowners choose freely.

We understand you may have had past contact with a homeowner. But if a homeowner chooses to list through PostMyListing, that's their right. Even if a property was in your pipeline, once it's listed with us, they've allowed it to be part of our platform.

You agree to where our role ends.

PostMyListing doesn't get involved in:

  • Your brokerage policies or permissions
  • Whether you represent both buyer and homeowner
  • Other agents having more resources
  • How competitive a listing is
  • Area exclusivity, postcodes, or territory claims
  • The number of listings you are (or aren't) able to purchase

We simply connect people, we don't control the market.

You agree to be honest.

We expect accurate, truthful information in your profile and in all your interactions on the platform.

ABOUT HOMEOWNERS

PostMyListing empowers homeowners to unlock real value from their home listing. Instead of being treated like a lead, homeowners truly own the product, their property. Our platform lets them earn from their listing while being matched with a qualified agent they choose.

OUR RULES FOR HOMEOWNERS

Be honest and accurate.

We ask that all information you provide, photos, descriptions, and property details is truthful and reflects your home's real condition. Misleading listings reduce confidence in the platform. We reserve the right to edit or remove any listing that doesn't meet this standard, and we are not liable for consequences resulting from misinformation.

Have genuine intent to sell or lease.

If you accept an offer for your listing, we expect that you are serious about moving forward with signing the chosen agent. In cases of suspected fraud, we may work with law enforcement as required.

Only list homes you own.

Don't attempt to list a property you don't legally own. We may verify ownership in a few different ways. It saves everyone time, and builds trust when the platform is used with honesty.

Stay on the platform.

Our platform is designed to get you the best outcome by matching you with agents transparently. If an agent tries to sign you as a client and bypasses paying your offer and or service fee by going off-platform, decline them and report them via the contact us page. If an Agent does this it may lead to lower offers and less protection.

Understand our role.

We're here to help you list your home and connect with the right agent. Once a listing agreement is signed, your relationship with your agent is governed by that agreement, not by us. If something doesn't go as expected, let us know at postmylistinghelp@gmail.com

List when you're truly ready.

To keep the platform healthy and fair for everyone, we ask that you only list your property once you've made the decision to sell. If you're still exploring the idea, reach out to us at postmylistinghelp@gmail.com we're happy to help you prepare for when the time is right.

Understand your agreement.

Once you select an agent and sign a listing agreement, that document becomes your official contract. We can't override or mediate what's written there. Be sure you understand your rights and responsibilities under the agreement, and seek advice if needed. Choosing an agent through our platform doesn't change the legal weight of that contract.

Our fee is separate from your offer.

PostMyListing earns a fee for helping match you with the right agent. That fee is agreed between us and the agent you don't have any claim to or responsibility for it.

Tax obligations are yours.

OUR FEES AND HOW THEY WORK

For Agents: Offer Limits & Subscriptions

Agents can make a limited number of offers on listings each month for free. If you'd like to make unlimited offers, we offer a $10/month subscription, giving you full access to make offers on as many listings as you'd like without restriction.

Service & Cancellation Fees

When you submit an offer on a listing, you'll see the full amount clearly, including our service fee:

  • For offers less than $10, the service fee is $2
  • For offers between $10 and $100, the service fee is $3
  • For offers greater than $100, the service fee is 2.7% of the offer amount

The same fee structure applies for cancellation fees if you cancel after the offer is paid but before the listing agreement is signed. This helps ensure the integrity of offers and protects homeowners' time and trust.

All fees are clearly disclosed before you confirm any action, so there are no surprises.

Fee Structure Changes

We may update our fee structure over time to reflect improvements or changes in the market. By using PostMyListing, you agree to any such updates.

WE RESERVE THE RIGHT TO AMEND THESE RULES

We Grow, and So May This Agreement

Like any thoughtful company, we're always learning about our users, the market, and the evolving legal landscape. As we grow, this Agreement may need to change to reflect new insights or regulatory updates.

We reserve the right to update this Agreement at any time, without prior notice. All public versions will be clearly versioned and/or dated. If you're a registered and opted-in user, we'll notify you when important updates are made.

ELIGIBILITY AND CAPACITY

You agree that you are at least 18 years of age or the age of majority (able to make legally binding decisions for yourself) where you reside. You also agree that you are of sound mind and free will and have the capacity to understand and agree to these rules.

RESPONSIBLE ACCOUNT CONTROL

Your PostMyListing account is your personal gateway to opportunity. For homeowners, it connects you to the value within your home. For agents, it represents your professional presence and the trust you build through your work.

By creating an account, you agree to provide a valid email address and a secure password. You also commit to keeping your information honest, accurate, and up to date, and to protecting your login details like you would any important key.

You're responsible for any activity that happens through your account, so please keep it safe. While we do our best to keep the platform secure, we can't take responsibility for any actions taken through your account, so staying vigilant is important.

OUR INTELLECTUAL PROPERTY

By using the Services, you agree that you will not take any steps to diminish their value to us, which you recognise, or convert their value to you. This means you will not use any aspect of the Services to create the impression that you or someone other than us owns them.

YOUR LICENSED USE OF OUR SERVICES

You're welcome to use the platform for its intended purpose, but you agree not to copy, sell, alter, redistribute, or otherwise misuse any part of it.

If the platform is used in a way that violates these terms, we may need to suspend your access and, if necessary, take further action under the law.

As part of using our service, you also agree that we may contact you using the methods you've provided (like email, SMS, or phone) to keep you informed and up to date.

SERVICE RULES YOU AGREE TO FOLLOW

By using PostMyListing, you agree not to:

  • Use bots, scrapers, or any automated tools to copy, monitor, or steal content or data from the platform.
  • Tamper with or try to bypass our platform's built-in protections or technical restrictions.
  • Copy, modify, or create offshoot versions of our platform that reduce its value or misuse our intellectual property.
  • Harm our systems by uploading malicious code, viruses, or anything that could damage or disrupt the platform.
  • Try to access areas of the platform you're not authorized to use, or bypass any of our security features.
  • Send spam or unsolicited communications using our platform.
  • Infringe on anyone else's rights, including privacy, intellectual property, or personal safety.
  • Harass, threaten, deceive, or intentionally harm others in any way.
  • Share or promote hateful, discriminatory, defamatory, or illegal content.
  • Use PostMyListing to support or promote unlawful activity.
  • Attempt to copy or compete with our business in ways that undermine the value of the platform.

YOUR CONTENT AND SUBMISSIONS

Anything you post, upload, or submit through PostMyListing is your responsibility. This includes home listings, photos, messages, and any other materials you choose to make available. Some of your submissions may be shown publicly alongside your name or username.

By submitting content, you agree that:

  • You own or have full rights to everything you submit.
  • Your content won't harm others, infringe on rights, or break any laws.

Unless we say otherwise, you grant us (and our affiliates) a non-exclusive, royalty-free, worldwide license to use, edit, publish, display, and share your content so we can keep the platform running smoothly and promote it as needed. This includes the ability to translate or modify submissions to improve clarity or presentation.

HOW WE MAY USE IT

While we appreciate every submission, we aren't required to post, retain, or display any specific content. We reserve the right to replace or edit content (like photos or descriptions) with versions that better match the quality or format standards of the platform.

You also give us the right to act on your behalf to prevent others from stealing your content (for example, by copying your photos or listing text without permission).

Respectful Submissions Only

To keep the platform fair and welcoming for everyone, we ask you to follow a few simple guidelines when submitting content:

  • Be kind and respectful, even if you disagree with someone else.
  • Stay on-topic, don't post ads or promotional materials.
  • Don't impersonate anyone, post anonymously to mislead, or misrepresent who you are.
  • Don't share anything inappropriate, abusive, discriminatory, or offensive.
  • Don't post photos of people without their permission (or their guardian's, if under 18).
  • Don't share harmful code, viruses, or files.
  • Don't submit anything you don't have the rights to share.

We reserve the right to edit, moderate, or remove any content that violates these guidelines or anything else we feel isn't in line with the spirit of PostMyListing. We're here to support open and honest connections, and we take that responsibility seriously.

You Use the Platform at Your Own Risk

While we do our best to maintain a trustworthy space, we can't guarantee the accuracy of every submission. You understand that any content you see is shared at the discretion of the user who posted it and that we may monitor content but aren't required to.

If something seems off or inappropriate, please let us know.

HOW TO REPORT COPYRIGHT INFRINGEMENT CLAIMS

If you are the owner of copyrighted material (or are authorised to act on their behalf), and believe it has been used on PostMyListing without permission, please submit a written notice including the following details:

  • Identification of the copyrighted work
  • Describe the copyrighted work you believe has been infringed. If your claim relates to multiple works, you may provide a representative list.
  • Identification of the allegedly infringing material
  • Clearly identify the content you believe is infringing, including the exact URL or page on which it appears, so we can locate it.
  • Your contact details
  • Include your full name, mailing address, telephone number, and email address so we can reach you if clarification or follow-up is needed.
  • Statements of good faith and accuracy
  • Please include both of the following statements in your message:
  • "I have a good faith belief that the use of the material identified is not authorised by the copyright owner, their agent, or the law."
  • "The information provided in this notice is true and correct, and I am the copyright owner or authorised to act on behalf of the copyright owner."
  • Signature
  • Your full legal name and either your physical or electronic signature.

Where to Send Your Notice

Please send your completed notice to our copyright contact

postmylistinghelp@gmail.com

DISCLAIMER OF WARRANTIES

Our Services Are Provided "As Is"

Use at Your Own Risk

You agree that your use of the Services is at your sole risk, and you acknowledge that all information provided through PostMyListing is offered "as is" and "as available."

To the fullest extent permitted by law, we disclaim all warranties, express or implied, about our Services, including (but not limited to) any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Service Limitations

While we aim to maintain high-quality service, we do not guarantee that:

  • The Services will be uninterrupted, secure, or error-free;
  • The content you access will be complete, current, or accurate at all times;
  • PostMyListing will be compatible with all devices or free from viruses or technical issues;
  • Communications sent from our platform will be free of malware or other harmful content.
  • We may update or change any aspect of the platform at any time, which may occasionally affect access or availability.

Information, Listings & Accuracy

All property listings, pricing, photos, and other information are provided as a guide only. They may not reflect the current or actual condition of any property or include everything you need to know.

You are strongly encouraged to do your own due diligence, and we recommend you seek independent professional advice legal, financial, or otherwise before relying on any content to make property or business decisions.

Third-Party Content

PostMyListing may include links or services provided by third parties. We do not control or guarantee the accuracy or availability of external websites or third-party tools, nor are we responsible for their terms, privacy practices, or any resulting loss or damage.

If you choose to use these services, you do so at your own discretion and risk.

No Legal or Financial Advice

We don't provide legal, financial, or tax advice through the platform. Any valuation tools, reports, or pricing data made available should be used as informational tools only and do not replace professional assessments or licensed appraisals.

LIMITATIONS ON LIABILITY

At PostMyListing, we strive to provide a helpful and secure experience, but like all platforms, there are limits to what we can take responsibility for.

To be clear: our liability to you is limited to what is specifically outlined in this Agreement. You may not claim liability based on any other legal theories not expressly stated here.

To the maximum extent permitted by law (including the Australian Consumer Law):

  • PostMyListing, its directors, employees, affiliates, or service providers will not be liable for any loss or damage, whether direct, indirect, incidental, consequential, special, punitive, or exemplary, arising out of or related to your use of (or inability to use) the platform.
  • This includes, but is not limited to:
  • Interruptions or delays in service;
  • Errors, omissions, or inaccuracies;
  • Viruses, security breaches, or system failures;
  • Loss of data, revenue, business, goodwill, or opportunities;
  • Acts or content of third parties (including other users).

Even if we've been advised that such damage could occur, we are not responsible for it, to the extent allowed by law.

If the law prevents us from fully excluding certain liabilities (such as under the Australian Consumer Law), then our total liability to you for any claim in connection with the Services, to the extent permitted by law, will be limited to the greater of:

  • The amount you have paid us to use the Services, or
  • AUD $150

YOU AGREE TO INDEMNIFY US

You agree to indemnify, defend, and hold harmless PostMyListing, our directors, employees, contractors, affiliates, and partners, from and against any and all claims, liabilities, losses, damages, costs, and legal fees that arise from:

  • Your access to or use of the Services;
  • Your breach of this Agreement;
  • Any content you submit or post through the platform;
  • Your infringement of another person's rights, including copyright, privacy, or property rights;
  • Any unlawful, negligent, or improper conduct connected with your use of the Services.
  • We reserve the right at your expense to take over the exclusive defence and control of any matter subject to this indemnity. If we do, you agree to cooperate with us in resolving it.

You also agree not to settle any legal matter that involves PostMyListing without our prior written consent. We'll make every reasonable effort to inform you promptly if a claim arises so you can respond appropriately.

PRIVACY POLICY

Your personal information is handled in accordance with our privacy policy at www.postmylisting.com/home/privacy which forms part of this Agreement. It outlines how we collect, use, store, and protect your information when you use PostMyListing.

By using our Services, you acknowledge and agree to the practices described in our Privacy Policy and give your consent for us to handle your information in accordance with the Privacy Act 1988 (Cth) and relevant NSW privacy laws.

We encourage you to read our Privacy Policy carefully so you know exactly how your data is treated and your rights regarding it.

TERMINATION OF USE OF SERVICES

You Can Leave Anytime

You're welcome to stop using our Services at any time and for any reason, no hard feelings.

We Can Restrict or End Access

At our discretion and without prior notice, PostMyListing may:

  • Suspend or terminate your access to some or all Services;
  • Revoke your account or registration;
  • Modify or discontinue features or functionality at any time.
  • We may do this for any reason, including (but not limited to) a breach of this Agreement, unlawful conduct, or misuse of the platform.
  • If You Breach This Agreement
  • If you breach or threaten to breach any part of this Agreement, we may:
  • Immediately suspend or terminate your use of PostMyListing;
  • Seek legal remedies, including injunctive relief, to prevent ongoing or future harm;
  • Recover from you any reasonable legal costs and expenses (including solicitor's fees) if we take legal action and are successful.
  • Service Integrity & IP Protection

To protect the integrity and security of the platform, we may block certain IP addresses or require you to delete specific content accessed via the platform if necessary.

YOU AGREE TO BINDING ARBITRATION AND WAIVE CLASS ACTION RIGHTS

By using our Services, you agree that any dispute, claim, or disagreement between you and PostMyListing (or our affiliates) will be resolved through binding arbitration rather than through the courts. This means:

  • You waive your right to go to court, including your right to a jury trial.
  • You also waive any right to participate in a class action, group claim, or joint litigation against us.
  • How Arbitration Will Work (Australia-based)
  • Any dispute will be resolved through confidential arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA) or a similar recognised body in New South Wales.
  • The arbitration will be conducted in Sydney, NSW, in English, by a single arbitrator.
  • The arbitrator will have exclusive authority to resolve all disputes, including disputes over the interpretation or enforceability of this agreement.

Legal Costs

If either party brings a dispute to arbitration and prevails on one or more claims, the arbitrator may award reasonable legal costs and fees to the prevailing party, proportionate to their success.

When We May Still Go to Court

This clause does not prevent PostMyListing from taking immediate legal action through the courts to protect our intellectual property, to prevent unauthorised access or fraud, or in any case where urgent or injunctive relief is required.

OUR RIGHT TO MONITOR AND MAINTAIN OUR PLATFORM AND SERVICES

To keep PostMyListing a trusted, safe, and fair platform for everyone, we reserve the right to monitor how our Services are used and to take steps when things go off track.

We may audit or review use of the platform to:

  • Ensure compliance with this Agreement and our policies;
  • Improve the quality and security of our Services;
  • Address misuse, breaches, or any behaviour we consider harmful or unfair.

This may involve both automated and manual review processes to screen, block, remove, or edit content or accounts that we believe, at our sole discretion, violate our terms, applicable laws, or the community spirit we strive to uphold.

We are not obligated to monitor all activity, but we may choose to do so at any time. If we believe your content or behaviour breaches this Agreement or harms our users, we may:

  • Suspend or delete your account;
  • Remove or edit your content;
  • Block your access to parts of the platform.

Legal Compliance and Duty of Care

You agree that we may access, preserve, or share your information if we believe it's reasonably necessary to:

  • Comply with Australian laws, regulations, or a valid legal request;
  • Enforce this Agreement;
  • Investigate alleged infringements or claims;
  • Provide support or respond to user complaints;
  • Protect the safety, property, or rights of our users, our team, or the broader public.

THINGS MAY HAPPEN OUTSIDE OUR CONTROL

At PostMyListing, we're committed to doing our part operating fairly, securely, and in line with NSW laws and this Agreement. However, some things are simply outside our control.

In legal terms, this is known as "force majeure" events that no one can reasonably prevent or predict. These may include, but aren't limited to:

  • Natural disasters (like bushfires, floods, or storms),
  • Acts of war or civil unrest,
  • Government restrictions,
  • Widespread outages or infrastructure failure,
  • Public health emergencies.

If a force majeure event occurs and it impacts our ability to deliver our services as expected, we won't be held liable for delays or disruptions beyond our reasonable control.

We'll always do our best to communicate transparently and restore normal service as soon as possible but we ask for your understanding in those rare, unpredictable moments.

YOU AGREE TO OUR NOTICES AND ELECTRONIC COMMUNICATIONS

By using the PostMyListing platform, you agree that we may send you important notices and communications electronically, primarily via email and in-platform notifications.

For marketing-related emails, you will always have the option to opt out directly through an unsubscribe link included in those emails.

However, you agree that when an Agent makes an offer, when a homeowner selects an Agent, or when a payment is made on the platform, PostMyListing may send you confirmation emails and/or receipts related to those specific actions. These transactional emails are necessary for the proper operation of our services and you agree to receive them.

All electronic communications we send to you will satisfy any legal requirement for written communications, and you agree that you can access and retain these communications in their original form.

By continuing to use our Services, you consent to receive such communications electronically and agree that this form of communication is acceptable.

COMPLIANCE WITH APPLICABLE LAWS

PostMyListing is operated and controlled in Australia and is intended for use by individuals residing in New South Wales and throughout Australia. We do not guarantee that the materials or Services available on our platform are appropriate or lawful for use in all jurisdictions. By choosing to access or use our Services, you do so on your own initiative and are responsible for ensuring compliance with all applicable local, state, and federal laws, including those in NSW and Australia.

We reserve the right to limit or restrict access to the Services to any person, geographic area, or jurisdiction at our sole discretion.

You represent and warrant that:

  • You are not located in, or a resident of, any country or territory subject to Australian government sanctions or embargoes;
  • Neither you, nor your affiliates, officers, directors, or employees, are listed on any sanctions or prohibited persons lists maintained by the Australian Government, including those issued by the Department of Foreign Affairs and Trade (DFAT) or other relevant authorities;
  • You are not engaging in any activities that violate applicable Australian laws relating to anti-money laundering (AML), counter-terrorism financing (CTF), or economic sanctions;
  • You are not involved in any activity that would constitute a breach of any anti-corruption, anti-terrorism, or other criminal laws applicable in NSW or Australia.

Failure to comply with these representations may result in suspension or termination of your access to our Services and may lead to legal consequences under Australian law.