Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Vantag.co and the Vantag platform (“Vantag”, “the Service”), operated by Guernik and Partners Pty Ltd (ABN 44 692 416 783) (“we”, “us”, “our”). By accessing, using, or paying for the Service, you (“you”, “the Agent”) agree to these Terms. If you do not agree, do not use the Service.

1. The Service. Vantag provides software that creates private single property websites, measures how invited buyers interact with those websites, and presents that information to you. Under an agency plan we also design, build, host, and maintain a website for your agency, as set out in clause 10. The Service is a software tool. It does not provide real estate, valuation, financial, or legal advice, and it does not participate in any transaction between you, your vendors, or buyers.

2. Eligibility and account. You must be a real estate professional using the Service for business purposes. You are responsible for all activity under your account and for keeping your access secure. You must use a valid corporate email.

3. Your content and your responsibilities. You are solely responsible for all content you upload, enter, or publish through the Service, including photographs, images, floor plans, text, descriptions, prices, property details, and any personal information of buyers or third parties (“Your Content”). You represent, warrant, and agree that: (a) you own or hold all rights, licences, and permissions necessary to upload and publish Your Content, including all photographs and images, and to authorise us to host and display it; (b) Your Content does not infringe any copyright, trademark, privacy, publicity, or other right of any person; (c) Your Content is not unlawful, pornographic, obscene, defamatory, misleading, deceptive, discriminatory, harassing, or otherwise objectionable, and does not breach any law; (d) you have obtained all consents required from any identifiable person appearing in Your Content and from any buyer whose personal information you upload, including consent to the measurement of their interaction with the listing as described to them; (e) all property information, pricing, and representations in Your Content are accurate and lawful. We do not review, verify, edit, approve, or endorse Your Content. We are not responsible for Your Content. We may, but are not obliged to, remove any content we consider in our sole discretion to breach these Terms or any law, without notice and without liability.

4. Acceptable use. You must not use the Service to breach any law, infringe any right, transmit harmful code, attempt to access data that is not yours, circumvent the isolation or security of the platform, or interfere with the Service's operation.

5. Disclaimers. The Service is provided “as is” and “as available”, without warranties of any kind except those that cannot be excluded by law. We do not warrant that the Service will be uninterrupted, error free, secure, or available at any particular time, or that the behavioural measurements, insights, rankings, scripts, or suggestions it produces are accurate, complete, or suitable for any purpose. Any insight or suggestion the Service produces is indicative only and does not replace your own professional judgement.

6. Limitation of liability. To the maximum extent permitted by law, and subject to the Australian Consumer Law provision below, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, commission (whether lost, reduced, or delayed), business, opportunity, goodwill, data, or anticipated savings, whether arising from a sale that does not proceed, a delayed or failed listing, a server, hosting, database, network, or third party service outage, a cyber attack, an error in measurement or insight, or any other cause, even if advised of the possibility. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of (a) the fees you paid to us in the twelve months before the claim arose for the listing or agency plan to which the claim relates, and (b) AUD 2,000. Australian Consumer Law: nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot be lawfully excluded. Where our liability for a failure to comply with such a guarantee can be limited, it is limited, at our option, to re supplying the relevant service or paying the cost of having it re supplied.

7. Indemnity. You agree to indemnify, defend, and hold harmless Guernik and Partners Pty Ltd and its officers and personnel from and against any claim, liability, loss, damage, cost, fine, penalty, or expense (including legal costs) arising out of or in connection with (a) Your Content, (b) your use of the Service, (c) your breach of these Terms, and (d) your breach of any law, including privacy, consumer, advertising, or real estate law.

8. Force majeure. We are not liable for any failure or delay in providing the Service caused by events beyond our reasonable control, including outages or failures of hosting, database, network, or geolocation providers (including Vercel, Neon, and similar), internet failures, cyber attacks, power failures, natural events, acts of government, or other force majeure.

9. Fees, payment, acceptance, and changes to these Terms. Access to paid features requires payment of the applicable fees. Fees are charged per listing, one off and in advance, at the price and service level shown at the time of purchase, in Australian dollars and exclusive of GST, which is added where applicable. Payment is processed by our payment provider. The service for a listing begins when the listing is activated. Refunds and cancellations are governed by our Refund and Cancellation Policy, which forms part of these Terms, and by your rights under the Australian Consumer Law. By purchasing or paying for the Service you accept these Terms as in force at that time. We may update these Terms from time to time. The version in force is identified by its version number and date. We record the version of these Terms accepted by each Agent. Your continued use of the Service after an update takes effect constitutes acceptance of the updated Terms.

10. Agency websites. Under an agency plan we design, build, host, and maintain a website for your agency, and connect it to the sources you nominate so that your listings appear on it. What your plan includes is described on our website at the time you subscribe. We may improve, change, or replace the design, features, hosting arrangements, or underlying technology at any time, provided your plan continues to deliver substantially the features you subscribed to. We are not a real estate agency. We do not list or sell property, we do not hold or handle trust money, and we take no part in any transaction between you, your vendors, and buyers.

11. Setup fee, monthly fee, and renewal. An agency plan has two charges: a one off setup fee, payable when you subscribe, and a recurring monthly fee. Both are shown in Australian dollars and, unless stated otherwise, exclude GST. The setup fee covers the build and launch of your website and is charged once, on your first invoice, together with your first month. The monthly fee is charged in advance for each month and renews automatically until you cancel. Your plan is set by the size of your agency and does not change as you add or sell listings. We may change our fees for future billing periods on at least 30 days notice, and if you do not accept a change you may cancel before it takes effect.

12. Availability, downtime, and lost business. We do not guarantee that your website, the Service, or any feature of it will be available at any particular time, continuously, or without interruption. Websites and the systems they rely on go down. We do not offer an uptime guarantee or a service level agreement unless we have agreed one with you separately and in writing. We will use reasonable efforts to restore availability once we become aware of an outage. To the maximum extent permitted by law, and subject to the Australian Consumer Law provision in clause 6, we are not liable for any enquiry, lead, appointment, listing, vendor, sale, commission, or other business or revenue that is lost, reduced, delayed, or never received because your website, the Service, or any part of it was unavailable, slow, interrupted, degraded, or did not perform as expected, for any period of time and for any reason.

13. Things outside our control. Your website depends on services we do not operate, including hosting and database providers, domain name registrars and DNS providers, your CRM and any listing feed you nominate, property portals, search engines, payment processors, email and messaging providers such as WhatsApp and Telegram, and the networks in between. We choose our providers carefully, but we do not control them. To the maximum extent permitted by law, and subject to clause 6, we are not liable for any loss caused by the failure, outage, suspension, rate limiting, policy change, error, or discontinuation of any third party service, including where that causes your website to be unavailable or stops listings, leads, reports, or alerts from being delivered.

14. Your domain, your content, and your data. You own your content: your brand, your listing information, your photographs and words, and the buyer information captured through your website. You grant us the licence we need to host, display, process, and back up that content so that we can provide the Service. We own the Vantag platform, including its software, designs, templates, and the components we reuse across customers, and nothing in these Terms transfers that to you. If your plan ends you may export your content and your buyer data in a commonly used format, and we will cooperate reasonably to help you point your domain name elsewhere.

15. Cancelling an agency plan. You may cancel an agency plan at any time, effective at the end of the billing month you have already paid for. There is no lock in period and no exit fee. Monthly fees already paid are not refunded for part of a month. The setup fee is not refundable once your website has been made available to you, except as set out in our Refund Policy or where the Australian Consumer Law requires otherwise. When your plan ends we stop billing you, we take your website offline on a date we agree with you, and you may export your content and data as described in clause 14.

16. Suspension and termination. We may suspend or terminate your access if you breach these Terms or any law, or to protect the Service or any person. You may stop using the Service at any time.

17. Governing law. These Terms are governed by the laws of New South Wales, Australia. You submit to the non exclusive jurisdiction of the courts of New South Wales.

18. Claims from the people who visit or use your website. Your website is yours. You decide what goes on it, who you invite, who you contact, and what you promise them. Any claim, complaint, or demand made by a person who visits your website, receives a message from it, buys or does not buy a property through it, or is measured by it, is between that person and you. We are not a party to it. That includes, without limitation, a claim that a listing was inaccurate or misleading, that a price or a fee was wrong, that a property was misrepresented, that a buyer was contacted without consent, that personal information was mishandled by you, or that a sale did not proceed. You will handle and resolve any such claim at your own cost, and clause 7 applies to it in full.

19. Unlawful or infringing content. You must not publish through the Service any content that is unlawful, that you do not have the right to publish, or that breaches any law, including copyright, privacy, consumer, advertising, discrimination, or real estate law. We do not review, approve, or verify what you publish, and we are not responsible for it. If we become aware of content that appears unlawful or infringing, we may remove it or suspend the website without notice and without liability to you, and we may do so before deciding whether the content is in fact unlawful. Any penalty, fine, order, judgment, or cost that arises from what you publish is yours, and clause 7 applies to it in full.

20. Lost sales, lost listings, and lost income. For the avoidance of doubt, and in addition to clauses 6 and 12: we are not liable for any sale, listing, vendor, buyer, enquiry, appointment, commission, or income that you say you lost, did not win, lost the chance to win, or received late, for any reason connected with the Service. That applies whether the reason is an outage, slowness, an error, a feature that did not work as you expected, a measurement or insight that turned out to be wrong, a message that was not delivered, a change we made to the Service, or a decision you took because of something the Service showed you. This is a core assumption of the price you pay: the fees would be materially higher if we carried that risk, and we do not carry it.

21. Features we are still testing. Some features are offered while still in development, including the AI assistant and anything we describe as new, beta, early access, or a preview. Those features are provided as is, may change or be withdrawn at any time, are not covered by any availability commitment, and are not an essential part of what you contracted. Using them is your choice, and you should not rely on their output without checking it.

22. Transferring this agreement. We may assign or transfer these Terms, in whole or in part, to another entity, including in connection with a sale, merger, or restructure of our business, and your plan continues on the same terms. You may not assign or transfer these Terms, or your account, without our written consent.

23. If part of these Terms does not hold. If a court or tribunal finds any part of these Terms invalid or unenforceable, that part is read down as far as necessary, or removed if it cannot be read down, and the rest of these Terms remains in force. If we do not enforce a right straight away, or at all, that is not a waiver of it and we may still enforce it later. These Terms, together with the policies they refer to, are the entire agreement between us about the Service, and replace anything said or written before, including anything said in a call, a demo, a proposal, or an email.

24. Contact. Questions about these Terms can be sent through our contact page.