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. 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 lesser of (a) the fees you paid to us in the three months immediately before the event giving rise to the claim, and (b) AUD 500. 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, acceptance, and changes to these Terms. Access to paid features requires payment of the applicable fees. By subscribing to 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. 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.
11. 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.
12. Contact. Questions about these Terms can be sent through our contact page.