Terms of Service

Welcome to SoldUp. These Terms of Service govern your access to and use of the SoldUp platform, website and related services (collectively, the Platform) operated by SoldUp Property Group Pty Ltd (ACN 694 543 452) (SoldUp, we, us or our).

By creating an account, accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms should be read in conjunction with our Privacy Policy, which explains how we collect, use and protect your personal information.

1. About SoldUp

SoldUp is a private real estate introduction platform that connects property owners (Owners or Sellers) with verified Buyers through a controlled and confidential process. SoldUp also engages qualified Real Estate Agents (Appraisers) to provide free market appraisals of listed properties. SoldUp is not a real estate agency and does not act as a Selling Agent, Buyer's Agent, Auctioneer or Property Valuer. SoldUp facilitates introductions only.

2. Eligibility

To use the Platform, you must:

• be at least 18 years of age
• be a resident of Australia or legally entitled to own or deal with Australian property
• provide accurate and truthful information during registration
• agree to these Terms and our Privacy Policy

3. Account Registration

You must create an account to use the Platform. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised access.

We reserve the right to suspend or terminate accounts that provide false information, breach these Terms, or are used in a manner inconsistent with the purpose of the Platform.

4. Roles on the Platform

The Platform supports the following user roles. Each role is subject to role-specific terms outlined below as well as these general Terms:

• Seller — a property owner who lists a property for private introduction to verified Buyers
• Buyers — a licensed Buyer's Agent or qualified buyer who browses listed properties and may contact sellers
• Appraiser — a qualified Real Estate Agent who provides market appraisals on listed properties if requested

These Terms apply to all users of the Platform. Some users also enter into a role-specific agreement (a Seller, Buyer's Agent, or Buyer Agreement). Where a role-specific agreement conflicts with these Terms, the role-specific agreement prevails to the extent of the inconsistency. On all other matters, these Terms apply.

5. Privacy

SoldUp collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which is available on the Platform. By using the Platform, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

SoldUp is committed to protecting the privacy of all users. Personal information will never be displayed publicly and will only be shared with other verified Platform users in accordance with the following principles, except where you expressly opt in to be referred to a third-party service provider, as set out below.

Where you expressly opt in to be referred to a third-party service provider (such as a mortgage broker or conveyancer), your name and contact details may be shared with a referral partner for the purpose of that partner contacting you. SoldUp is not a credit provider, credit licensee or credit assistant and does not provide credit assistance or recommend any particular partner or product. SoldUp may receive a referral fee or other benefit in connection with such a referral. You are under no obligation to use any referred partner and SoldUp is not responsible for the services or advice they provide.

SoldUp will not sell, rent or trade personal information to third parties for marketing purposes. You may request access to, correction of, or deletion of your personal information by contacting us at info@soldup.com.au.

6. Limitation of Liability

To the maximum extent permitted by law, SoldUp is not liable for any indirect or consequential loss, including loss of profit, loss of opportunity or loss of reputation.

SoldUp does not guarantee: the number or quality of introductions; the property will sell; the accuracy of information provided by users; or uninterrupted access to the Platform.

To the extent permitted by law, SoldUp's total aggregate liability for any claim under or in connection with this Agreement is limited to the maximum of: the total Fees collected by SoldUp from transactions involving the user in the 12 months prior to the event giving rise to the claim; or $3,000.

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

7. Indemnity

You indemnify SoldUp against any loss, cost, liability, damage or expense SoldUp incurs arising from: information or content supplied by you that is incorrect, misleading or infringes another party's rights; or any unlawful, negligent or improper act or omission by you in connection with the Service. This indemnity is limited to the extent any loss is caused by SoldUp's own negligence or misconduct.

8. Intellectual Property

All content, branding, design, software and materials on the Platform are the property of SoldUp or its licensors and are protected by Australian and international intellectual property laws. You may not reproduce, distribute or create derivative works from any Platform content without our prior written consent.

To enable SoldUp to operate the Service, you grant SoldUp a non-exclusive, royalty-free licence to use, store, display and distribute any information or content you provide (including profile information and contact details) as reasonably necessary to provide the Service, including to facilitate introductions between users in accordance with our Privacy Policy.

9. Acceptable Use

You agree not to:

• use the Platform for any unlawful purpose
• provide false or misleading information
• attempt to access another user's account or data
• interfere with or disrupt the Platform's operation
• scrape, harvest or collect data from the Platform by automated means
• use the Platform to harass, threaten or abuse other users
• circumvent or attempt to circumvent any security measures

10. Account Suspension and Termination

We may suspend or terminate your account at our discretion if you breach these Terms, provide false information, engage in fraudulent activity or otherwise act in a manner that is harmful to the Platform or other users.

You may request deletion of your account at any time by contacting us. Termination does not release you from any obligations that accrued prior to termination, including any fee obligations under a Seller, Buyer's Agent, Buyer or Appraiser Agreement.

11. Disclaimer of Warranties

The Platform is provided on an as is and as available basis. To the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, regarding the Platform, including warranties of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free or secure.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the Effective Date above and post the updated Terms on the Platform. We recommend that you periodically review these Terms to stay informed. Continued use of the Platform after any changes constitutes acceptance of the updated Terms.

14. Continuing Agreement

These Terms apply to all current and future use of the Platform under your SoldUp account, including all listings created, introductions received and transactions facilitated.