Terms of service

Who can use the service

Back Channel Property is a private network for real estate professionals. To hold an account you must be at least 18, be acting in the course of a real estate business as a selling agent or a buyers agent, and hold any licence or registration your state requires for that work. We may ask you to prove it, and we may close an account where you cannot.

Your account

Keep your account details accurate, and keep access to your email secure — anyone who can read your email can sign in as you. One account is for one person. Do not share it. Tell us at support@backchannelproperty.com if you believe someone else has used your account.

If you join an agency on the network, the agency's administrators can see and manage the listings you publish on its behalf, and can remove you from it.

Subscriptions, trials and payment

• New members get a free trial. At the end of it, the subscription starts and the card on file is charged, unless you cancel first.
• Subscriptions renew automatically each period until cancelled. Prices are in Australian dollars and include GST where it applies.
• Payments are processed by Stripe. We do not see or store your card number.
• You can cancel at any time from your billing settings. Cancelling stops the next renewal; access continues until the end of the period you have paid for.
• We do not give partial refunds for an unused part of a period, except where the Australian Consumer Law requires it.
• We may change our prices. We will give you at least 30 days' notice by email before a change affects your subscription, and you may cancel before it takes effect.

What you may and may not do

The value of this network depends on its stock staying quiet. You must not:

• Republish, forward or otherwise disclose an off-market listing outside the network, including to a portal, a mailing list or social media, without the listing agent's written permission. You may of course use it to serve your own clients — that is what it is for.
• Scrape, crawl, bulk-download or otherwise extract the listings or member details in the network by automated means.
• Resell, sublicense or share your access with anyone outside your own account.
• Contact members for any purpose other than the property business the network exists for. No unsolicited marketing.
• Publish a listing you are not authorised to market, or a listing whose details you know to be wrong.
• Upload anything unlawful, misleading, defamatory, or that infringes someone else's rights.
• Interfere with the service or try to gain access to parts of it you are not entitled to.

Listings you publish

You keep ownership of the listing content you publish. You grant us a licence to host, reproduce and display it to members of the network, and to include it in alerts and search results, for as long as the listing is on the network.

By publishing a listing you warrant that you are authorised by the vendor to market the property, that the details are accurate, and that you have the right to use every photograph you upload. You remain responsible for the listing's accuracy and for keeping it current.

Listings we import from agency websites

Some listings on the network are not published by their agent. We import them from the public pages of agency websites, where an agency has chosen to advertise a property as off-market. Those listings carry the agency's own contact details rather than a named agent, and we show the source they came from.

Imported listings may be out of date, incomplete or wrong. A property may already be sold, withdrawn, or listed publicly with a different agency, and the source site may not say so. We flag the ones we detect as publicly advertised, but that check is not exhaustive. Verify a property with the agency before acting on it or presenting it to a client. We are not the agent for any imported listing and we receive no commission on it.

If a listing of yours has been imported and you want it removed, email support@backchannelproperty.com and we will take it down and stop importing from that source on request.

What we do not do

We are a listings network, not a party to any transaction. We do not act as an agent for a buyer, a seller or another agent. We do not give real estate, financial, legal or tax advice, and nothing on the service is such advice. Any dealing between members, and any conjunctional or commission arrangement, is entirely between them.

Our intellectual property

The service, its software, design and branding are ours or our licensors'. Using the service does not transfer any of it to you.

Suspension and termination

You can close your account at any time. We may suspend or close an account that breaches these terms, that we reasonably believe is being used unlawfully, or where required by law — and where it is practicable to do so, we will tell you why and give you a chance to fix it first. A serious breach, such as leaking off-market stock outside the network, may result in immediate closure without refund.

Availability

We aim to keep the service available, but we do not promise it will be uninterrupted or error free. We may change features, and we will give reasonable notice before removing one you rely on.

Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability can be limited, it is limited at our option to resupplying the service or paying the cost of having it resupplied.

Otherwise, and to the extent the law allows: we are not liable for indirect or consequential loss, lost profits, lost opportunity or lost data; and our total liability to you for all claims in any twelve month period is limited to the subscription fees you paid us in that period. In particular, we are not liable for a decision you make on the strength of a listing's accuracy, whether it was published by another member or imported from an agency website.

Indemnity

You indemnify us against claims, losses and costs arising from content you publish, from your breach of these terms, and from your breach of the law in connection with the service.

Privacy

Our privacy policy explains what we collect and who we share it with, and forms part of these terms.

Changes to these terms

We may update these terms. We will change the date at the top, and for a material change we will email you at least 30 days before it takes effect. Continuing to use the service after that means you accept the new terms; if you do not, cancel before they take effect.

Governing law

These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of its courts.

Contact us

Questions about these terms go to support@backchannelproperty.com.