Terms of Service

These terms and conditions (Terms) apply to public users of the Lystr Platform. The use of 'you', 'your' or 'users' refers to users of the Lystr Platform. The use of 'we,' 'our' or 'Lystr' refers to Lystr Pty Ltd, (Lystr) ACN 673 819 433.

  1. GENERAL TERMS

    1. The Lystr Platform facilitates interactions between parties selling real estate (Sellers), parties buying real estate (Buyers) and third-party service providers (Lystr Third-Party Providers) (the Services). By accessing, browsing and/or using the Lystr Platform, you agree that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease to use the Lystr Platform, or any of the associated services, immediately.

    2. We reserve the right to review and change any of the Terms by updating this page, at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

    3. You accept the Terms by registering an account on the Lystr Platform. You may also accept the Terms by clicking to accept or agree to the Terms where, and if, this option is made available in the Lystr Platform interface.

    4. You must always act with respect towards others on the Lystr Platform. Behaviour on the Lystr Platform which is inappropriate, illegal, defamatory, lewd or offensive will be considered a breach of the Terms and your access to the Lystr Platform may be withdrawn without notice.

    5. To access the Lystr Platform, you must be at least 18 years of age and have the legal capacity to enter into legally binding contracts.

    6. You must register an account to use the Lystr Platform. As part of the registration process, you may be required to provide personal information about yourself, including your name, email address, telephone number and residential address. You warrant that any information you provide in the course of completing the registration process is accurate and will be kept up to date.

    7. As a user of the Lystr Platform, you agree to comply with the following:

      1. you will not share the login details for your access to the Lystr Platform with any other person or third-party;

      2. you will use the Lystr Platform only to access the Services, for the purposes permitted by the Terms and any applicable law, regulation or generally accepted practice;

      3. you have sole responsibility for protecting the confidentiality of your login details for the Lystr Platform. Use of your login details by any other person may result in the immediate cancellation of your access to the Lystr Platform;

      4. any use of your login details or registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;

      5. you must not expressly or impliedly impersonate another user of the Lystr Platform, or use the profile or password of another user at any time;

      6. any content that you broadcast, publish, upload, transmit, post or distribute on the Lystr Platform (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;

      7. you agree not to harass, impersonate, stalk, threaten another user of the Lystr Platform;

      8. access and use of the Lystr Platform is limited, non-transferable and allows for the sole use of the Lystr Platform by you for the purposes of accessing the Services;

      9. you will not use the Services or the Lystr Platform for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Lystr Platform;

      10. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Your Content without notice and may result in termination of the Services and your removal from the Lystr Platform. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Lystr Platform;

      11. you acknowledge and agree that we reserve the right to monitor, moderate, or remove any content posted on the Lystr Platform that violates these Terms or is otherwise deemed inappropriate in our sole discretion; and

      12. you agree to use the Lystr Platform and its Services only for lawful purposes and in accordance with these Terms, and you will not engage in any activity that interferes with or disrupts the Lystr Platform or its Services.

    8. You may cancel your account on the Lystr Platform at any time.

    9. Lystr or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Lystr Platform. The right granted to you does not include any license or permission to use the Lystr Platform for the benefit of any third party, or to resell or make any commercial use of the Lystr Platform or the data or code contained within it.

    10. You must not use the Lystr Platform in any way that:

      1. it is not intended to be used;

      2. causes, or is likely to cause access to the Lystr Platform to be interrupted, damaged or impaired in any way; or

      3. harms any other user; or

      4. is in connection with, or results in, a criminal or other unlawful activity.

  2. THE LYSTR PLATFORM

    1. Lystr allows third-party service providers (Lystr Third-Party Providers) to offer, promote and sell their products and services to users on the Lystr platform. The services a user engages a Lystr Third-Party Provider to provide via the Lystr Platform will be the subject of a separate agreement solely between the Lystr Third-Party Provider and the user.

    2. Where a Lystr Third-Party Provider and a user transact directly, Lystr is neither the buyer nor the seller of the Lystr Third-Party Provider's services. Lystr is not responsible for, or liable to, provide the services a user has engaged a Lystr Third-Party Provider to provide.

    3. Lystr Services and its affiliates, directors, officers, employees, agents, contributors and licensors, hold no liability to the users whatsoever as a result of any act or omission of a Lystr Third-Party Provider.

    4. Lystr does not make any express or implied representation or warranty about the services provided by Lystr Third-Party Providers. In engaging Lystr Third-Party Providers, you agree that you have undertaken your own due diligence in determining to engage the services of a Lystr Third-Party Provider.

    5. The Lystr Platform provides a venue for sellers and buyers of real estate to complete transactions. Any contract formed for the sale of real estate is solely between the Seller and Buyer. Lystr is not a party to that contract.

  3. PRICING AND AVAILABILITY

    1. The Lystr platform may be accessed by users free of charge.

    2. Prices for products and services supplied by Lystr Third-Party Providers and listed on the Lystr Platform are inclusive of GST.

    3. Lystr makes no guarantee as to the availability or price of any Lystr Third-Party Provider product or service.

  4. SALE OF PROPERTY

    1. To procure products or services via, or to sell or offer a property for sale on the Lystr Platform, you must be the current legal owner of the property or have legal authority from the current legal owner of the property.

    2. Lystr may require proof of ownership or legal authorisation from the current legal owner of the property to the reasonable satisfaction of Lystr and in accordance with law. The cost of providing such proof is borne by the user.

    3. Lystr reserves the right to require users to provide verification of their identity to purchase products or services on the Lystr platform. The cost of providing verification of your identity is borne by you.

    4. If you cease being the legal owner of a listed property or cease to be legally authorised by the legal owner of a property, you must notify Lystr immediately.

  5. YOUR OBLIGATIONS

    1. If you are the owner of a property that you intend to list for sale via the Lystr Platform, you must be genuine in your desire to complete the sale of your property. Your property must genuinely be available for purchase.

    2. Properties must be available for sale to all individuals without discrimination based on race, sex, gender or religion, in compliance with anti-discrimination laws.

    3. Your listing must be accurate and current, and maintained accordingly. If any circumstances affecting the property change, it is your responsibility to change the listing. Any inaccuracies or misleading statements made by you in the listing of your property are your responsibility.

    4. If your property is sold independently of the Lystr Platform, you must inform Lystr and remove your property from the Lystr Platform within 3 business days.

    5. If you have decided to withdraw your property from sale, you must inform Lystr and remove your property from the Lystr Platform within 3 business days.

    6. If your property listing remains unchanged for more than 6 months, Lystr may remove the listing without further notice to you.

    7. If Lystr, acting reasonably, suspects that your property listing is inaccurate or unavailable, Lystr may contact you via your registered email address to confirm the accuracy and availability of your listing. If you do not respond within 5 business days of this contact, Lystr may remove your listing and reserves the right to deregister your account.

    8. If you have engaged a real estate agent in the sale of your property outside the Lystr Platform, and your agency agreement with Lystr is still current, you may be in breach of your agreement with Lystr. It is your responsibility to understand your obligations to Lystr and the other agent. Some contracts with agents may not allow you to list your property on the Lystr Platform. Some contracts with agents may render you liable to pay a commission to them even if your property is sold via the Lystr Platform.

    9. You must be respectful and responsive to enquiries about your listings. If you are not respectful and responsive, Lystr reserves the right to remove your listing and deregister your account.

  6. CONTENT

    1. When you list your property on the Lystr platform, you grant to Lystr:

      1. a global, non-exclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display your listing throughout the world in any medium or on any platform, whether currently in existence or not without personally identifying you as the content owner;

      2. the ability to freely grant users of our website and the Lystr Platform a non-exclusive licence to use, distribute and share your listing without personally identifying you as the content owner;

      3. the ability to freely grant third-party websites a non-exclusive licence to use, display, advertise, publish, distribute, adapt and modify your listing without personally identifying you as the content owner;

      4. the right to publish your listing on third-party real estate platforms with the intention of selling your property.

    2. Your listing will remain live on the Lystr Platform and third-party websites until or unless your:

      1. property is sold;

      2. property becomes unavailable;

      3. property is withdrawn from sale by you; or

      4. your Lystr account is deregistered.

  7. THIRD-PARTY WEBSITES

    1. The Lystr platform may connect to or be integrated with third-party websites to assist in the sale and purchase of properties listed on the Lystr platform.

    2. Lystr accepts no responsibility for the availability, currency or accessibility of third-party websites.

    3. You are responsible for familiarising yourself with any terms and conditions imposed by any third-party website.

    4. If you choose to use Lystr to procure products or services from third-parties, Lystr will assume that you agree to the terms of the respective third-party website.

  8. PAYMENTS RECEIVED FROM THIRD PARTIES

    Lystr may receive payments from Lystr Third-Party Providers who sell their products or services via the Lystr platform. This may include a commission or referral fee from any sales of products or services made by the third party to you. Applicable commissions and referral fees are identified in the agency agreement.

  9. PRODUCTS AND SERVICES

    1. Users can order various products and services from Lystr Third-Party Providers through the Lystr platform.

    2. Products and services provided by Lystr Third-Party Providers are subject to the terms and conditions set by those third parties. By ordering products or services from Lystr Third-Party Providers through the Lystr Platform, you agree to the terms and conditions provided by those third parties.

    3. Lystr assumes no responsibility for the delivery of products or services by Lystr THird-Party Providers. Lystr makes no representations as to the accuracy of any claims or warranties present on any third-party website or the quality or merchantability of any product or service offered by a Lystr Vendor.

  10. CANCELLATION

    1. Lystr is unable to cancel a service by, or refund any payment made by you to, a Lystr Third-Party Provider.

    2. You must contact the Lystr Third-Party Provider to cancel a service or request a refund.

  11. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

    1. Lystr makes no guarantees, representations or warranties about whether or not the Services, or any products or services on the Lystr Platform will assist you to achieve your objectives in respect of the purchase or sale of any property.

    2. Lystr accepts no liability or responsibility for losses suffered or incurred as a result of or in connection with your property or a property related transaction, or in relation to your use of, or attempt to use, the Lystr Platform.

    3. Lystr's total liability arising out of or in connection with your use of the Lystr platform, any products or services provided by a third party via the Lystr platform, or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed $100.

    4. You expressly understand and agree that Lystr its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    5. You agree to indemnify Lystr, its affiliates, employees, agents, contributors and third-party providers from and against:

      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you place on the Lystr Platform; and

      2. any direct or indirect consequences of you accessing the Lystr Platform or your attempts to do so.

  12. SEVERANCE

    If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

  13. JURISDICTION

    1. Lystr operates within Australia. You submit to the exclusive jurisdiction of the courts of Australia.

    2. All disputes and claims of any nature arising out of or relating to these terms shall be exclusively governed and interpreted by the laws of Australia.