These Terms of Service (Terms) govern your access to and use of the website instantpropertyreports.com.au (Website) and the services provided by Tender My Listing Pty Ltd (ACN 697 239 866, ABN 17 697 239 866) of 81–83 Campbell Street, Surry Hills NSW 2010 (Tender My Listing, we, us, our), which trades under the Instant Property Reports brand.

By accessing or using the Website, creating an account, generating a Report, inviting agents to tender, submitting a tender, or otherwise engaging with our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our services.

1. About us

Tender My Listing Pty Ltd operates the Instant Property Reports platform, which provides two services to users in Australia:

• Property Reports — free, automated property information reports generated from publicly available and licensed data, for residential properties in Australia.
• Tender Service — a facility for sellers to invite real estate agents to submit tenders for the sale of the seller's property, and for agents to respond.

2. No professional valuation or financial advice

2.1 Reports and any estimates, ranges, or insights we provide are general information only and are not:

• a sworn valuation, professional valuation, or market appraisal by a licensed valuer or real estate agent;
• financial, legal, taxation, or other professional advice; or
• a recommendation to buy, sell, lease, or otherwise deal with any property.

2.2 Estimates, comparable sales, suburb statistics and similar outputs are automated and may be inaccurate, incomplete, or out of date. You must not rely on a Report in isolation. Independent advice from licensed valuers, agents, accountants, financial advisers and legal practitioners should be obtained before making property-related decisions.

3. Eligibility

3.1 Our services are intended for use in Australia in relation to Australian properties.

3.2 By using our services you warrant that:

• you are at least 18 years old and have the legal capacity to enter into a binding contract with us;
• if you are using the services on behalf of a business or licensed entity (such as a real estate agency), you are authorised to bind that entity to these Terms; and
• if you hold a real estate licence, your licence is current and in good standing.

4. Accounts

4.1 Two types of account may be created on the Website:

• Seller accounts, created automatically when a seller invites one or more agents to tender on their property and verifies their mobile number by one-time code (OTP); and
• Agent accounts, created by real estate agents via /agent/register after mobile OTP verification.

4.2 You are responsible for:

• ensuring the information you provide is accurate, complete, and kept up to date;
• maintaining the confidentiality of your login method (including your mobile number and OTPs); and
• all activity that occurs under your account, whether authorised by you or not.

4.3 You must notify us promptly if you suspect unauthorised access to your account.

5. Property Reports

5.1 Reports are provided to consumers free of charge. We do not charge sellers or members of the public to generate or view Reports.

5.2 We may change, improve or discontinue Report features, models, data sources, or layouts at any time.

5.3 Reports are derived from a combination of publicly available data, licensed data from third-party providers, user-provided information, and our own models. We aim to use reputable data but do not independently verify all data and cannot guarantee its accuracy, completeness or timeliness.

6. Tender Service — overview

6.1 The Tender Service lets sellers invite up to five (5) licensed real estate agents per property to submit a written tender setting out the agent's proposed approach to selling the property, including commission, marketing spend, sale method, time to market, and strategy.

6.2 We do not act as a real estate agent. We do not give property advice, represent either party in a transaction, or hold funds for either party. We facilitate communication between sellers and agents.

6.3 A tender is a proposal from an agent to the seller; it is not a contract for sale or a listing authority. Any listing or sale must be separately negotiated and documented between the seller and the agent they select.

7. Sellers — how you use the Tender Service

7.1 To invite agents to tender you must verify a valid Australian mobile number by one-time code.

7.2 You may invite up to five (5) agents per property per invitation round. Invitations may be withdrawn at any time before you accept a winning tender.

7.3 You are under no obligation to accept any tender. You may decline all tenders, or select any tender as the winner, at your sole discretion.

7.4 If you accept a tender, you are agreeing only to enter into discussions with that agent about listing the property. A legally binding exclusive selling agreement (or other listing authority) must be separately signed between you and the agent.

7.5 Your contact details (name, email, mobile) are not disclosed to invited agents. Agents only see your property address, the tender invitation, and (once you accept their tender) a mobile number is released so the agent can arrange an inspection.

7.6 Property information you supply (including addresses, notes and seller questions) is used to deliver the Report and Tender Service to you, and to support our business functions as set out in our Privacy Policy.

8. Agents — how you use the Tender Service

8.1 Submitting a tender is free. There is no per-tender or per-invitation fee.

8.2 To submit a tender you must:

• hold a current Australian real estate agent's licence (or be authorised to tender under a principal's licence);
• have a verified agent account;
• provide accurate, complete, and non-misleading information in your tender; and
• comply with all applicable laws and professional standards, including the Australian Consumer Law and any state/territory agents legislation.

8.3 You acknowledge that your tender is a genuine offer of services capable of acceptance by the seller, and that you will honour the commission, marketing spend, sale method, time to market, and strategy set out in your tender if the seller accepts it and signs a listing agreement.

8.4 The listing price is not part of a tender. You agree any listing price with the seller after an on-site inspection, should the seller accept your tender.

9. Success Fee payable by agents

9.1 If a seller accepts your tender and a signed exclusive selling agreement (or equivalent listing authority) is entered into between you (or your agency) and the seller within ninety (90) days of the seller accepting your tender, you must pay us a success fee of $950 plus GST per property (Success Fee).

9.2 The Success Fee is payable regardless of whether the property ultimately sells. It is a fee for our introduction and tender facilitation, not a commission share.

9.3 The Success Fee is payable by the agency that employs or authorises the agent, if different from the tendering agent, and you warrant you have authority to incur this fee on the agency's behalf.

9.4 We do not hold payment details on file. When a Success Fee becomes payable we will issue a tax invoice to the agent and/or agency that includes our bank account details for payment by electronic transfer. Payment terms are seven (7) days from the date of invoice.

9.5 Amounts unpaid after the due date are overdue and may attract reasonable recovery costs and interest at the statutory rate under the Civil Procedure Act 2005 (NSW).

9.6 We may adjust the Success Fee from time to time on at least 30 days' notice to registered agents. An adjustment does not affect tenders already accepted.

10. Attribution — how we detect signed listings

10.1 We detect whether a tendered agent has signed a listing for a tendered property by monitoring publicly available real estate listing portals (including domain.com.au and realestate.com.au) for the address of the tendered property.

10.2 When a tendered property appears as for-sale on a public portal with the tendered agent or their agency as the listing agent within 90 days of the tender being accepted, we will treat the Success Fee trigger in clause 9 as having occurred and will issue an invoice in accordance with clause 9.4.

10.3 You agree that listing-portal data is a reasonable proxy for the signing of a listing authority for the purposes of this clause, and that you are responsible for ensuring portal listing information is accurate.

11. Dispute process

11.1 We will notify you by email (at the address on your agent account) at least seven (7) days before we issue an invoice for a Success Fee (Dispute Window).

11.2 During the Dispute Window you may dispute the forthcoming invoice by writing to us at support@instantpropertyreports.com.au with evidence that:

• you or your agency did not sign an exclusive selling agreement (or equivalent) with the seller for the tendered property within the 90-day window; or
• the listing displayed on a public portal is not the same property, or not signed by you or your agency.

11.3 We will review the evidence in good faith within seven (7) business days and either cancel, proceed with, or adjust the invoice. Our decision is final, without prejudice to your rights under the Australian Consumer Law and any other law that cannot be excluded.

12. Tender confidentiality

12.1 Tenders are confidential between the submitting agent and the inviting seller. We do not disclose tender contents (commission, marketing spend, strategy, or any other field) to any other agent or to any third party.

12.2 Sellers may discuss or share tenders at their own discretion (for example, with their own lawyer or accountant). Sellers must not publish tenders publicly or use them to engineer price-matching between agents outside the platform.

12.3 Agents must not discuss, publish, or share the contents of tenders or the identity of invited competing agents. Agents must not contact sellers directly using details obtained through the platform other than as expressly permitted (for example, when a tender has been accepted).

13. Invoicing and GST

13.1 All fees are in Australian dollars and, unless stated otherwise, exclusive of Goods and Services Tax (GST). GST will be added where applicable and shown on the tax invoice.

13.2 Invoices are issued electronically (via Xero) to the email address on your agent account and are payable by electronic funds transfer to the bank account shown on the invoice within the terms stated in clause 9.4. The invoice may include a “Pay Now” link powered by Pin Payments which lets you pay by card if you prefer; bank transfer remains the default. We do not store or process payment card details ourselves — if you use the Pay Now link, your card information is handled by Pin Payments under their own PCI-DSS controls.

13.3 Except as required by the Australian Consumer Law or these Terms, fees paid are non-refundable.

14. User content and data

14.1 Content you provide to the Website (including property addresses, notes, seller questions, tender contents, strategy descriptions and profile information) (User Content) remains yours.

14.2 You grant us a non-exclusive, royalty-free, worldwide licence to host, store, display, reproduce, modify and analyse User Content to the extent necessary to:

• deliver the services to you and to other users where intended (for example, displaying a tender to the inviting seller);
• improve and develop our services (including in de-identified or aggregated form);
• comply with legal obligations.

14.3 You warrant that you have all necessary rights and permissions in the User Content you submit and that it is not defamatory, misleading, infringing, or otherwise unlawful.

15. Intellectual property

15.1 We (or our licensors) own all intellectual property rights in the Website, our software, models, algorithms, Report templates, and our branding (Our IP).

15.2 Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use Our IP solely for lawful personal or ordinary business use of the services.

15.3 You must not copy, modify, reverse engineer, scrape or systematically extract data from the Website, or resell or republish Reports, tenders, or other outputs, outside the scope of this licence.

16. Privacy

16.1 We handle personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), the Australian Privacy Principles, and applicable state and territory laws.

16.2 By using our services you consent to the collection, use and disclosure of your personal information as described in the Privacy Policy.

17. Acceptable use

You must not:

• use the services for any unlawful, fraudulent, or misleading purpose;
• submit fake invitations or fake tenders;
• circumvent the Success Fee by signing a seller under a related agency or entity, or structuring an engagement to avoid clause 9;
• scrape, harvest or systematically extract data from the Website without our consent;
• introduce malware, viruses or other harmful code;
• misrepresent a Report as a professional valuation or guaranteed figure; or
• use the platform to harass, spam, or otherwise misuse a seller's or agent's contact details.

18. Australian Consumer Law

18.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded.

18.2 Where our services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by law, to supplying the services again or paying the cost of having the services supplied again.

19. Disclaimers

19.1 To the maximum extent permitted by law and subject to clause 18, our services, Reports and tender facilitation are provided on an "as is" and "as available" basis and we make no representation or warranty (express or implied) about:

• the accuracy, completeness, reliability, suitability or availability of any Report, tender, estimate or data;
• the performance, uptime or availability of the Website; or
• whether any particular tender will be accepted or any particular listing will eventuate.

20. Limitation of liability

20.1 Subject to clause 18, we are not liable for any loss of profits, loss of opportunity, loss of data, loss of goodwill, or any indirect, consequential, special or punitive loss or damage arising out of or in connection with your use of our services.

20.2 Subject to clause 18, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the services (whether in contract, tort, statute or otherwise) is limited, in the case of an agent, to the Success Fees paid by that agent to us in the 12 months preceding the claim and, in the case of any other user, to AUD $200.

20.3 Any claim must be brought within 12 months of the event giving rise to it.

21. Suspension and termination

21.1 We may suspend or terminate your access (including any account) immediately if:

• you materially breach these Terms (including clauses 9, 12 or 17);
• we reasonably suspect fraud, abuse, unlicensed practice, or unlawful conduct; or
• we are required to do so by law or a regulator.

21.2 Termination does not affect Success Fees accrued before termination, or any other rights or remedies.

21.3 We may discontinue or modify all or part of the services at any time and, where practicable, will provide reasonable notice of material changes or discontinuation.

22. Third-party services

22.1 Our services rely on third-party providers (including SMS, email, analytics, mapping and property-data providers). Your use of third-party services may be subject to their own terms and privacy policies.

22.2 We do not endorse, control, or accept responsibility for third-party content or services linked from the Website.

23. Changes to these Terms

23.1 We may update these Terms from time to time. The updated Terms take effect when published on the Website, with the "Last updated" date adjusted.

23.2 If you continue to use our services after updated Terms take effect, you will be deemed to have accepted them. For material changes affecting an agent's Success Fee, we will give at least 30 days' notice to registered agents.

24. Governing law and jurisdiction

24.1 These Terms are governed by the laws of New South Wales, Australia.

24.2 You submit to the non-exclusive jurisdiction of the courts of New South Wales and any court of appeal from them.

25. Severability

If any provision of these Terms is held invalid, illegal or unenforceable, it will be severed and the remaining provisions will continue in full force and effect.

26. Contact us

Tender My Listing Pty Ltd
ACN 697 239 866 · ABN 17 697 239 866
Trading as Instant Property Reports
81–83 Campbell Street, Surry Hills NSW 2010
Email: support@instantpropertyreports.com.au
Support hours: best-effort, business days