Terms of Service
1. About these Terms and our service
These Terms of Service ("Terms") govern your use of the Tender My Listing platform located at tendermylisting.com.au (the "Platform"), operated by Tender My Listing Pty Ltd (ABN 17 697 239 866; ACN 697 239 866) ("we", "us", "our").
Our registered office is 81-83 Campbell Street, Surry Hills NSW 2010, Australia.
By accessing or using the Platform you agree to these Terms. If you do not agree, please do not use the Platform.
1.1 What the Platform does
The Platform is an introduction service that allows a property vendor to invite up to five real estate agents to submit a structured response ("tender") about the commission, marketing, and services they would offer if engaged. The vendor may then shortlist one agent to meet in person.
1.2 What the Platform is not
- We are not a real estate agency. We do not list property for sale, market property to buyers, conduct open homes, or act for vendors in the sale of property.
- We do not provide legal, financial, tax, valuation, or investment advice.
- We do not verify, endorse, or guarantee the statements made by agents in their tenders.
2. Non-binding nature of tenders
2.1 No contracts are issued by us
Tender My Listing does not prepare, issue, or supply any legal contract between a vendor and an agent. A real estate agency agreement or Listing Agreement is a separate document, prepared by the agent or their agency, and signed in person between the vendor and the chosen agent. An agency relationship only arises from that separately signed Listing Agreement.
2.2 Vendor rights
A vendor may, at any time and without penalty or obligation:
- Withdraw their property from the tender process;
- Decline to shortlist any agent;
- Decline to proceed after meeting a shortlisted agent;
- Decline to sign a Listing Agreement.
2.3 Agent rights
An agent who submits a tender is not committed to any legal appointment. Any agency relationship only arises from a separately signed Listing Agreement.
3. User accounts
3.1 Sellers (vendors)
To invite agents to tender for your property, you must register an account and verify your mobile number by SMS. You must be at least 18 years old and either the registered owner of the property or authorised to act on their behalf.
3.2 Agents
To submit tenders, a real estate agent must register an account, claim or verify their profile, and complete their agency details. You warrant that you hold all licences, registrations, and authorisations required to practise as a real estate agent in your jurisdiction.
3.3 Account accuracy and security
You are responsible for keeping your account information accurate and up to date, for maintaining the security of your login credentials, and for all activity under your account. Notify us immediately if you suspect unauthorised access.
4. Fees and charges
4.1 Free for sellers
Registering, adding property details, receiving tenders, and shortlisting an agent are free of charge for vendors. You are not required to enter any payment information to use the vendor features of the Platform.
4.2 Agent success fee
Registration for agents is free. Submitting a tender is free. An agent becomes liable for a success fee of $950 plus GST only if they are shortlisted by the vendor and a written Listing Agreement is subsequently signed between that agent and the vendor. If no Listing Agreement is signed, no fee is payable.
4.3 Payment of agent fees
The success fee is invoiced to the agent after the agent has confirmed the Listing Agreement has been signed. Payment terms are set out on the invoice.
5. Agent profiles and information sourcing
5.1 Source of agent information
Agent profile data shown on the Platform (including name, agency, phone numbers, sold property records, average days on market, and star ratings) is compiled from publicly available information including but not limited to real estate listing portals, agency websites, and third-party aggregators.
5.2 No partnership or endorsement
An agent's appearance on the Platform does not imply that the agent is in a commercial partnership with, is sponsored by, or has endorsed Tender My Listing. We have no affiliation with any real estate agency unless expressly stated.
5.3 Agent's right to remove their profile
- Reply REMOVE by SMS from their listed mobile number (the reply is processed automatically);
- Email support@tendermylisting.com.au from an agency email address; or
- Log in to their agent account and click "Remove my profile".
On removal, the agent's profile will no longer appear in vendor searches or be available for tender invitations. Agents may also request removal of information about them from any public source we have linked to or cited, to the extent that we control that information.
5.4 Right to claim a profile
An agent who has not yet claimed their profile may do so by SMS (reply CLAIM from their listed mobile), or by registering directly at tendermylisting.com.au/agent/register. Claiming allows the agent to receive tender invitations and correct any inaccurate information.
6. Acceptable use
You agree not to:
- Use the Platform for any unlawful purpose or in breach of any applicable law;
- Impersonate any other person or entity;
- Submit false, misleading, or deceptive information;
- Attempt to access accounts, data, or systems you are not authorised to access;
- Scrape, copy, or systematically extract content from the Platform other than as permitted by our robots.txt;
- Upload or transmit any viruses, malware, or harmful code;
- Include personal contact details (such as phone numbers or email addresses) within a tender's free-text fields in a manner intended to circumvent the Platform's agent-selection process.
7. Intellectual property
The Platform, its design, text, graphics, logos, trademarks, and code are owned by or licensed to Tender My Listing Pty Ltd. You may access and use the Platform for its intended purpose. You may not reproduce, republish, or create derivative works from our content without our prior written consent.
Content you submit to the Platform (for example, property details and tender submissions) remains yours; you grant us a limited licence to use that content solely for the purpose of operating the Platform and delivering the service to you.
8. Disclaimers and limitation of liability
8.1 No warranty on agent claims
Tenders and agent profile data are provided by third parties or compiled from public sources. We do not warrant the accuracy, completeness, or reliability of any tender submission, commission rate, sale-price claim, or other statement made by an agent. Vendors should make their own enquiries before engaging any agent.
8.2 Platform availability
We use reasonable efforts to keep the Platform available but do not warrant it will be uninterrupted, error-free, or secure. We are not liable for outages caused by third-party services, connectivity, or events beyond our reasonable control.
8.3 Limitation of liability
To the maximum extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to the Platform is limited to the total fees paid by you to us in the 12 months preceding the claim (if any). We are not liable for indirect, consequential, or special loss, including loss of profits, opportunity, or data.
9. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be lawfully excluded or restricted.
To the extent that our liability cannot be excluded but can be limited by law, our liability is limited (at our option) to re-supplying the service or refunding the fees paid.
10. Termination
You may close your account at any time by contacting support@tendermylisting.com.au or, for agents, by replying REMOVE by SMS.
We may suspend or terminate your access if we reasonably believe you have breached these Terms, submitted false information, or used the Platform unlawfully. Termination does not affect rights or obligations that accrued before termination.
11. Changes to these Terms
We may update these Terms from time to time. The updated version takes effect from the "Last updated" date shown above. Where changes are material, we will give reasonable notice by email or by a prominent notice on the Platform. Your continued use of the Platform after an update constitutes acceptance of the updated Terms.
12. Governing law
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.
13. Contact us
Questions, concerns, or notices under these Terms should be sent to:
Tender My Listing Pty Ltd
81-83 Campbell Street
Surry Hills NSW 2010
Australia
Email: support@tendermylisting.com.au
ACN: 697 239 866 · ABN: 17 697 239 866
These Terms apply in addition to our Privacy Policy.