Terms and Conditions
As at 5pm AWST 18th December 2017.
List4Free describes collectively List4Free Pty Ltd, List4Free.com.au, your List4Free account, the List4Free platform, platform or the website.
The term 'Access' means the use of any List4Free service through the user account dashboard.
EACH List4Free USER AGREE’S TO BE SOLEY RESPONSIBLE FOR ALL TRANSACTIONS ENTERED INTO WITH ANOTHER USER, BUYER, SELLER OR SUPPLIER TO THE List4Free WEBSITE AND WILL INDEMNIFY List4Free FOR ANY OR ALL ACTS OR OMMISIONS THAT MAY HAVE OR MAY NOT HAVE RESULTED IN A LOSS, HOWEVER DESCRIBED.
PRIOR TO ENGAGING WORKS OR ACCEPTING QUOTES FROM A SUPPLIER, THE USER WILL REQUEST AND SIGHT FROM THE SUPPLIER PROOF OF PROFESSION, CURRENT POLICE CLEARANCE, SIGHT THE SUPPLIER’S CERTIFICATE OF CURRENCY PERTAINING TO THE SUPPLIER’S INSURANCES AND PROFESSIONAL INDEMNITY COVER. DO NOT USE A SUPPLIER WHO CAN NOT PROVIDE THESE CERTIFICATES.
IT IS STRONGLY ADVISED THAT ANY USER, SELLER OR SUPPLIER REQUESTING MONEY UPFRONT WITHOUT FIRST SATISFYING THE SITE USER OF THEIR AUTHENTICITY, SHOULD AND MUST BE TREATED AS A SCAM.
ANY ADVERTISERS AND ANY PROMOTIONS ADVERTISED BY SUPPLIERS ON List4Free ARE LIMITED SOLEY TO THE SUPPLIER AND ARE NOT AN ENDORSEMENT OF, OR AN OPINION EXPRESSED BY LIST4FREE PTY LTD, EMPLOYEE’S OR IT’S DIRECTORS.
- You must be at least 18 years of age to use this website.
- By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
You agree that you will only advertise property for sale or rent that you are legally entitled to do so.
- You agree that you will not do any of the following:
- • Violate any laws or the posting rules as described.
- • Post any threatening, abusive, defamatory, obscene or indecent material.
- • Be false or misleading.
- • Use false or fraudulent contact details including but not limited to use of a false name, false contact details, incorrect phone number, phone numbers not owned by you and use of a false email address.
- • Infringe any third-party right.
- • Distribute or send communications that contain spam, chain letters, or pyramid schemes.
- • Distribute viruses or any other technologies that may harm List4Free, the Services or the interests or property of List4Free users.
- • Impose an unreasonable load on our infrastructure or interfere with the proper working of the Services; copy, modify, or distribute any other person’s content without their consent.
- • Upload any files that are known to have malicious intent, a virus or spyware embedded.
- • Use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission.
- • Harvest or otherwise collect information about the service and other users, including email addresses, without their consent; and/or bypass measures used to prevent or restrict access to the Services.
- • Conduct or induce to conduct any transactions what so ever outside the List4Free.com.au platform.
You specifcally agree to the following whilst using the List4Free platform
• Downloading files from List4Free is entirely at your own risk.
• You must scan every file that you download from List4Free before opening for malicious intent, virus's, spyware or other risks both known and unknown.
• Not open files that are though to have malicious intent, virus's, spyware or other risks both known and unknown.
Listing a Property
You may only list a property for sale if you are legally entitled to do so.
'Legally entitled to do so' means one of the following conditions must apply:
• You are the registered owner.
• You are a mortgagee in possession.
• You are legally appointed to do so.
• You are a registered executor of a will after probate by court order.
• You hold a valid registered Power of Attorney of the true owner’s affairs.
• You are not violating a court order in doing so.
If you fall outside the description of 'Legally entitled to do so', you must not list a home on List4Free.
By listing a home for sale you do so at your sole discretion and agree to specifically indemnify List4Free, it's directors, emplyees and all it's afiliate companies from any and all legal liability what so ever.
- To access and use our Services, you will need to register with us and set up an account with your email address, contact telephone number and a password a miniumum. (Your “Account”).
Accounts registered with List4Free will be audited to determine their legitimatacy.
Accounts that cannot be varified will be suspended until they can be varified.
Parties whose accounts are suspended should ensure the account details provided are true and correct within the 7 day investigation period. You may be asked to provide List4Free other forms of identification to enable account varification if we suspect your details or account to be fraudulent.
Accounts that cannot be varified after 7 days will be deleted and the name / email address used to create the account and supply payment will be blocked from using the List4Free market place. For the availability of refunds after the supply of services, please see Fees and Services.
- The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password and for all activities that happen under 'Your Account'.
Abusing List4Free Services
- List4Free works hard to keep the web site working as intended and the community safe at all times.
- Please immediately report problems, offensive content, suspected fraudulent activity, inducements to transact outside the List4Free platform by any user or service provider and any other suspected policy breaches to us at firstname.lastname@example.org.
- You are solely responsible for all information that you give to List4Free and indemify List4Free from any consequences or legal liabilty that may result or arise from your posts.
- We also can at our sole discretion restrict a user’s usage of the services either temporarily or permanently, or refuse a user’s registration without consequence to List4free, it's directors, employee's or afiliate companies what so ever.
- However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorised or unlawful content on List4Free or the use of the service by users.
- You also accept that List4Free is not under any obligation to monitor any data or content which is submitted to or available on the List4Free.com.au web site.
- From time to time List4Free may authorise the display of your listing, post or services on another third party web site. By using the services of List4Free, you agree that your content can be displayed on other third party web sites without penalty or liability what so ever to list4free, it's affiliate companies, directors or employees.
List4Free's services contain content provided by the List4Free service, you, and other users. List4Free is protected by copyright laws and international treaties. Content displayed on or via the services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions.
You agree not to copy, distribute the services or modify content from the services, our trademarks or copyrights without our express written consent.
You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content) without express written consent from List4Free.
Attempts to disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Service will result in immediate suspension of your accout and removal of your access to the service without recourse or refund of any subscription fee's paid for your current month. No further payments will be accepted by List4Free from this user profile.
Legal action will be taken to the fullest extent available under the law if we suspect you have copied List4Free content any purpose what so ever, whether known or unknown.
Duplicated profiles of suspended users are not permitted and will result in immediate suspension of your accout and removal of your access to the service without recourse or refund of any subscription fee's paid for your current month. No further payments will be accepted by List4Free from this user profile.
When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, Australia wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law.
We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Fees and Services
Using the List4Free service is FREE for sellers which is clearly outlined at the time of taking up a service.
Sellers can upgarde to a 'Premium listing' for a total charge of $11.99/month including gst. An upgrade to premium is not conditional on the use of the List4Free service. A premium listing requires a monthly payment plan for the ongoing monthly fee until the subject property is marked as sold, at which time the payment plan to Paypal.com is cancelled automatically.
Agents and service providers will enter into a payment plan for ongoing monthly fee of $19.00/month whilst you are using the List4Free services and this will be clearly outlined at the time of taking up the service.
Seller's who use the Free Listing agree to a final sale fee upon successful sale of the property, this if any, will be clearly outlined at the time of listing the property for sale. This value is currently $0.00.
Agents service providers will be invoiced a per business tranaction charge upon acceptance of their service from another user and these are charges are as follows and are also clearly outlined in the Frequently Asked Questions section.
Agent services with no charge incurred to the agent are as follows:
• Local selling agent phone chat
• In house market appraisal (for sale)
• Provide title documents
• Provide Property Interest Reports
• Local leasing agent phone chat
• In house market appraisal (for lease)
Agent services attracting a per transaction charge are as follows:
• An Agent Assisted Sale $79.00.
• Full Service Sale $99.00.
• Full Service Auction Sale $99.00.
• Act as an Auctioneer $49.00.
• Provide access to other real estate portals $29.00.
• Act as a Buyer’s Agent $49.00.
• Agent Conjunction $29.50.
• Home Opener (for sale) $19.00.
• Contract of Sale Supplier $19.00.
• Contract Negotiator $19.00.
• Provide a range of seller services $ combined.
• Tenant Finder service $49.00.
• Manage my Investment property $1 weeks rent.
• Provide lease documents $19.00.
• Prepare a lease and lodge the bond $19.00.
• Lease renewal service $15.00.
• Tenant Vetting $15.00.
• Home Opener (for lease) $15.00.
• Create a property condition report $15.00.
• Conduct a routine inspection $9.90.
• Conduct a final inspection $15.00.
• Supply a range of landlord services $ combined.
Inducements to conduct business transactions outside the List4Free platform will not be tolerated and will result in your account being suspended for 30 days as a first offence. A second offence will result in the cancelation of your account.
These per transaction charges are invoiced within 14 days of the acceptance of your quotation and these invoices are to be paid within 14 days from issue.
The free services offered by you as an agent are a great meet and great of a potential seller through with the aid of the List4Free platform. If the agent services that have no charge lead to your introduction to a seller that results in a paid service, we will invoice the amount accordingly for the service provided.
List4Free functions with high volume, very low value transactions and we will always endevour to keep user costs as low as possible. However, transactions outside the List4Free platform will result in increased prices for all users.
Property service suppliers have no per business transaction charges applicable to any account.
Our fees are quoted in Australian dollars and are inclusive of Goods and Services Tax, and we may sometimes change them.
We’ll notify you of increases to our fees by posting the changes on the site at least 14 days prior to a change. You can choose to cease your subscription prior to the increase taking effect if you do not agree with the change.
We may sometimes temporarily lower our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site and do not require a 14 days notice in advance.
Our fees are non-refundable after the feature is supplied to you and you are responsible for paying them when they are due.
If your payment method fails or your account is past due, we will limit your ability to use the services and remove your property/s or business listings from List4Free.
Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for List4Free to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on List4Free Services.
Requests for payment for services provided are due to be paid within 14days.
Late payments will incur penalty interest at a rate of 12.5% per annum.
If you have difficulty providing full payment for the invoice of services provided, please contact List4Free.com.au within the 14 day payment period.
Reporting Intellectual Property Infringements (Verified Rights Owners - Vero)
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.
If you believe that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, please contact us immeditely at email@example.com.
Legal and Financial Advice
You acknowledge and agree that you have had the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before subscribing, buying, selling an item or a supplying your service via List4Free.com.
You acknowledge and agree that the information provided by List4Free in relation to using PayPal’s services is factual in nature only and List4Free has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use PayPal’s services and that you cannot rely on any of List4Free’s advertising materials, terms, instructions or policies as a recommendation, statement of opinion, inducement or financial product advice.
Third Party services on List4Free
We use invoicing and a PayPal payment gateway to take payment for use of our services.
You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
If you link your PayPal account to your account, you appoint List4Free as your limited agent to:
- 1. Provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and
- 2. Receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions.
When you link your PayPal account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your account ceasing to be linked to your PayPal account.
If you have a dispute with PayPal, a buyer, a third party supplier to List4Free, a supplier or a seller, that does not arise directly as a result of an error by List4Free, in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such a dispute.
List4Free is not able to access your complete financial details from PayPal or your PayPal account. and therefore do not hold these details on our site.
Suppliers of services to List4Free
Suppliers of services to list4Free agree:
1. To hold a current valid insurance policy to cover the services you offer and any associated public liability insurance up to at least $5,000,000.00 in offering such services.
2. To hold a current police clearance certificate.
3. You are licensed to and legally allowed to provide such services that you provide.
4. The licence must be current and appropriate for the services you provide.
5. You are solely responsible for your actions in supplying any services to List4Free and agree to release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of, or in any way connected with the delivery of such services.
6. Suppliers found to be in breach of these conditions will be removed from the site with our fees being non-refundable after the Service or part service is supplied to you.
7. Any fees unpaid by you for the current month in which our services are supplied before being removed must still be paid and you are responsible for paying them when they are due.
8. Complaints about service standards are taken seriously by List4Free and will be investigated on a case by case basis. Remedy of which can be the suspension or removal of a suppliers account to supply services to List4Free.
Limitation of Liability
Nothing in these Terms and Conditions excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law.
To the extent that these Terms and Conditions are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post, supply or do.
As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.
We also cannot guarantee continuous or secure access to our service. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our service or that the service will be uninterrupted or error free.
Notification functionality in the service may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, List4Free’s liability to you for any failure by List4Free to comply with any statutory guarantee under the Australian Consumer Law is limited to List4Free supplying the service again or paying you the cost of having the service supplied again.
You expressly exclude List4Free from any liability what so ever to you for any loss or damage suffered by you as a result of List4Free failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you, in suffering such loss or damage, it was not reasonably foreseeable and or was not directly or indirectly caused by List4Free.
You will indemnify and hold harmless List4Free, our affiliates, our and affiliates respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
You agree to have properties that match your search criteria suggested to you by other List4Free users. This may be way of your dashboard, email, telephone call or a messaging service.
- If you have a dispute with one or more List4Free users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
This agreement is governed by the laws relevant in each state and territory of Australia where services were deliveded. We both submit to the non-exclusive jurisdiction of the courts of the relevant state and territory of Australia.
If we don’t enforce any particular provision, we are not waiving our right to do so later.
PO Box 184,
Western Australia, 6933
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next use the site or after 14 days, whichever is sooner.
No other amendment to this agreement will be effective unless made in writing, signed by you and accepted in writing by us.
Acceptable Posting Policies
As a condition of use of List4Free.com.au you agree that you are at least 18 years of age.
At List4Free we want to make sure that the site is as clean, friendly and usable as possible for everyone.
You are solely responsible for all information that you submit to List4Free and any consequences that may result from your post.
We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration without question if we believe it is the best interest of other List4Free users.
Images can be watermarked with a company logo, however this logo must be a transparent image to a maximum of value of 70% non transparent.
Any logo must be no larger than 15% width and 15% height of the image. The logo must appear on the top right hand side of the image only.
No Images can be altered with text or borders of any kind, other than a watermarked company logo. For example but not limited to; Sold by Example Name, More listings needed, sold in 7 Days.
Add description text for property listings must be related only to the sale of the property and must make no other references what so ever.
General reasons for ads being deleted are:
Ad breaches General List4Free’s Posting Policies.
Breaches of Australian law. It is the responsibility of the advertiser before posting an ad on List4Free.com.au to ensure that content advertised adheres to List4Free posting policies as well as Australian applicable laws.
The item/service being offered is not allowed to be offered/sold on List4Free.
Including information in your ad which List4Free believes is designed to manipulate search results.
The listing is a duplicate of another listing previously posted with a change in address.
Listed in the incorrect category (you must choose the single most relevant category for your ad).
Ads posted in a language other than English. We only accept ads in English. It's acceptable to include a translation of your ad in another language in addition to English.
Ads posted from overseas: No overseas ads are accepted. List4Free is for Australian based individuals and businesses only.
Ad contains unauthorised external links: No external website links are allowed within your listing to other property or auction sites unless authorised in writing by List4Free.
Ads that are not descriptive enough: Ads that do not provide enough detail will be placed on hold or removed as this makes for a bad browsing experience.
Inappropriate language use.
Inappropriate photos / images. Images of people, of children or images deemed inappropriate will result in the instant removal of the listing back to draft and or the suspension of your account.
Discriminatory on race / religion / nationality / gender / etc.
Scam adds. Please report potentially fraudulent ads by emailing us at firstname.lastname@example.org or Contact Us with ad details (description, address, ad id, email address etc) and reasons why these ads should be reviewed.
List4Free reserves the right to remove any ad that we feel is not relevant, or of value to the List4Free community, with or without notice to the listing poster or service provider.
There are several ways that your ad may be found to be in breach of policy and removed from the site including:
We check reported ads as quickly as we can. If List4Free conclude that the ad hasn't broken any Acceptable Posting Policies or Terms and Conditions we will activate the ad again promptly. Check back after a few hours to see if this is the case.
Ads either identified by our automated tools as inappropriate, that we then find do break our Acceptable Posting Policies or Terms and Conditions will be removed from the site.
In most cases List4Free will email you or phone you to let you know when we have had to remove your ad describing the reasons why. These emails may sometimes get redirected to junk folders so please look out for List4Free emails.
You may wish to add List4Free to your safe senders list if you have one.
If you have checked out all of these possibilities and none of them apply to your ad then please let us know by emailing us at email@example.com and we'll be happy to help out.