Terms of Service Privacy Policy Addendum

Addendum – Buyers Agents

Background

This Addendum is an addendum to, and forms part of the Agreement between you and us referred to in the Platform Terms of Service at https://stashproperty.com.au/app/terms.html (Terms of Service)if you subscribe to the Platform known as 'Stash BA' as, or on behalf of, or if you represent when doing so that you are, a buyer's agent, an agency for one or more buyer's agents or a representative of any buyer's agent or any such agency.

Operative Provisions

1. Definitions
1.1 In this Addendum, words commencing with a capital latter that are defined in another part of the Agreement have the meanings given therein. 1.2 Any reference to 'the Platform' in this Addendum is a reference to the Platform known as 'Stash BA' except as expressly specified otherwise. 1.3 In this Addendum, Deal Summary means a document supplied to you, or made accessible to you, via the Platform that includes information about a specific real property that includes all or any of the following information: an amount described as the property's fair market price, existing, historic and potential flood, bushfire and environmental overlays, the results of due diligence enquiries about proximity threats, easements, local infrastructure, traffic impacts, 1:5 capital growth ratio, vacancy rates, days on market, comparable property sales, flood and fire mapping, lease details, and the cost of obtaining insurance for the property
2. Deal Summaries
2.1 You may use the Platform solely for the purpose of obtaining a Deal Summary in respect of any property (Sourced Property) and for the other purposes specified in the Documentation. 2.2 If you request a Deal Summary from us in respect of any Sourced Property via the Platform, subject to you providing all particulars reasonably required by us:
  • we will use our best endeavours to obtain a Deal Summary for that Sourced Property from a third party service provider (Deal Summary Provider); and
  • after we receive the Deal Summary from the Deal Summary Provider, we will make the Deal Summary available to you.
2.3 In respect of each Deal Summary:
  • we will request the Deal Summary Provider to carry out quality assurance services on every Deal Summary to increase the likelihood of each Deal Summary being accurate, correct and not misleading or deceptive (whether by inclusion of information or omission of information or otherwise) before the Deal Summary is made available to you;
  • despite such quality assurance services, a Deal Summary may not be accurate or correct; and
  • each Deal Summary shall be prepared based on information available to the Deal Summary Provider, including information which may be outdated or erroneous.
2.4 You must independently verify the accuracy and correctness of each Deal Summary before providing the Deal Summary to any of your customers or clients (each, a Client). 2.5 Except to the extent that we are unable to exclude such liability under Applicable Law, we are not liable for:
  • the content of any Deal Summary, except to the extent that a Deal Summary Provider fails to carry out quality assurance services specified by us; or
2.6 Nothing in the Agreement restrains us from preparing a Deal Summary in respect of any Sourced Property or other property. We may provide one or more Deal Summaries to third parties in respect of the same or different properties that you obtain or request Deal Summaries for via the Platform. 2.7 We may not be able to procure and provide you with a Deal Summary:
  • in respect of any specific Sourced Property or other property; or
  • within any specific period of time.
 2.8 Except to the extent that we are unable to exclude such liability under Applicable Law, we are not liable for any matter referred to in clause 2.7
3. Educational Materials
3.1 We will also provide you with access, via the Platform, to educational materials prepared by a Deal Summary Provider to train buyers agents on how to promote property acquisitions by their customers, including in respect of transaction timeframes, building, pest and conveyancer management.
4. Fees payable by you
4.1 The Fees (including Fees for Deal Summaries) must be paid by you to us in accordance with clause 10 of the Terms of Service.
5. Fees payable to Deal Summary Provider
5.1 An amount of the Fees that we receive from you for a Deal Summary will be payable in part by us to an applicable Deal Summary Provider, subject to and depending on the agreement we have with the Deal Summary Provider.
6. Your obligation to notify us
6.1 You must notify us via the notification functionality included in the Platform (as specified in the Documentation) within 24 hours of:
  • any of your Clients signing a contract for sale of land in respect of a Sourced Property; and
  • when a contract for sale of land in respect of a Sourced Property becoming unconditional.
7. Contact with Deal Summary Providers
7.1 You must not:
  • contact a Deal Summary Provider who you are introduced to via the Platform, or receive a Deal Summary Report from (Stash BA Deal Summary Provider), except where you contact them using the Platform; or
  • enter into any arrangement, contract or understanding with a Stash BA Deal Summary Provider to receive potential Client leads independently of the Platform (each, Circumventing Contract);
7.2 If you enter (or anyone on your behalf or any agency to which you are employed, engaged or associated with) enters into any Circumventing Contract, you must:
  • notify us promptly (within 48 hours) after you (or any agency to which you are employed, engaged or associated with) or anyone on your behalf, receives any lead from a Stash BA Deal Summary Provider pursuant to a Circumventing Contract; and
  • pay to us an amount of $3,000 plus GST (Referral Service Fee) in respect of each such lead within 7 days of invoice from us.
7.3 You agree and acknowledge that the Referral Service Fee is not a penalty and is an amount that is less than or equivalent to a reasonable pre-estimate of the loss that we will suffer as a result of your breach of clause 7.1(b). 7.4 Without limiting any of our other rights, or any of your other obligations, we may cancel (or for a reasonable period determined by us, suspend) your subscription to, or access to, the Platform at any time as a result of your breach of clause 7.1(b).
8. Leads
8.1 By subscribing to the Platform, you agree that we may, and you consent to us, at our discretion supplying leads (being potential Clients) to you from Deal Summary Providers via the Platform, email, SMS or WhatsApp at our discretion (but agree that we are not obliged to). 8.2 You may retract your agreement to all or any of the matters referred to in clause 8.1 or withdraw your agreement or consent given under that clause using any applicable functionality of the Platform that we make available to you or by notifying us via ..
9. Buyer's Agent Directory and Advertising
9.1 By subscribing to the Platform, you agree that we may, and you consent to us, at our discretion (but agree that we are not obliged to):
  • include your name and contact details in any buyer's agent directory that we create or publish (Buyers Agent Information);
  • make all or any of your Buyers Agent Information available via advertisements, including advertisements published on our or third party owned software products, websites or software platforms; and
  • make potential Client leads available to you, including potential Clients who access such advertisements or any of our other advertisements or marketing or promotional material.
9.2 You may retract your agreement to all or any of the matters referred to in clause 9.1 or withdraw your agreement or consent given under that clause using any applicable functionality of the Platform that we make available to you or by notifying us via .
10. Survival
10.1 Clauses 2, 4, 5, 6 survive in perpetuity, and clause 7 survives for 12 months, after the termination of your Agreement or the cancellation of your subscription to the Platform for any reason.