Partner agreement

1. This agreement

1.1 This agreement is between Orgatlas Pty Ltd (ABN 39 679 164 740), trading as The Listing Collective ("TLC", "we", "us"), and the real estate business that uses the Platform ("you"). It covers your account and everyone you let use it, and it replaces our Terms of Service of 2 February 2026.

1.2 You accept this agreement by using the Platform on or after its effective date. If you don't accept it, stop using the Platform and tell us in writing.

1.3 If you have signed a proposal, quote or service agreement with us, that document sets your services, fees and term, and this agreement sets everything else. If they conflict, the signed document applies only to services, fees and term.

1.4 Our privacy policy and our terms of use also apply to the Platform. Between you and us, this agreement prevails over both.

2. Definitions

• Platform: TLC's software, the public pages and forms we host for you, phone numbers, the assistant, and the services we provide through them.
• Assistant: the AI assistant that sends and answers texts and makes and answers calls on your behalf.
• Contacts: the people whose details are held in your account, including people who enquire through your pages, past clients and people you import.
• Shared number: a TLC number used to text on behalf of several agencies.
• Dedicated number: a number TLC provides for your agency's use only.
• Campaign: calls to people who have not enquired with you, using data TLC supplies.
• Your data: the content, contacts and records that you, your staff or your contacts put into the Platform.

3. What we provide

3.1 We provide the Platform as set out in your signed proposal or as we otherwise agree in writing. Some features need a dedicated number or setup by TLC first.

3.2 We may improve, change or remove features. If a change materially reduces a service you pay for, we will give you at least 30 days' notice and you may end that service without penalty.

3.3 We use other businesses to provide parts of the Platform, such as hosting, telecommunications, email delivery and AI processing. As between you and us, we are responsible for their work as if it were our own. We do not disclose who they are; our privacy policy describes them by kind and country.

3.4 We aim to keep the Platform available but do not promise it will be uninterrupted or free of errors. We may suspend parts of it for maintenance, for security or to comply with the law.

4. The assistant

4.1 You appoint us to communicate with your contacts on your behalf and in your agency's name, by text and by phone, for the purposes you switch on: replying to enquiries, calling people who enquire, nurturing your database and, where offered, campaigns.

4.2 The assistant uses a name you approve. On calls it introduces itself, names your agency and says the call is recorded, and those parts of the opening cannot be switched off. You approve the opening before calls begin. The assistant never claims to be a person and says it is an AI assistant when asked.

4.3 The assistant can make mistakes. It does not give legal, financial or valuation advice, and anything it says about prices or the market is general information. You remain responsible for appraisals, offers, agreements and advice to your contacts, and for following up what the assistant passes to you, such as callbacks and requests to speak to a person.

4.4 You can review conversations, take over a conversation, pause the assistant and change its settings at any time. If you put a nurture stage on autopilot, messages in that stage go out without review.

4.5 You give us accurate details for identifying your agency (legal name, the name to be spoken, office phone, address and complaints contact) and tell us promptly when they change.

5. Recordings and transcripts

5.1 The Platform records and transcribes calls and keeps the text of messages, so that we can provide the service, show you what was said, check quality, and evidence consent and opt-outs.

5.2 Call recordings are kept for 12 months, then deleted. Transcripts, summaries, and the record of what a person agreed to or asked us to stop, stay with the contact for as long as the contact is in your account.

5.3 You may use recordings and transcripts only to deal with that contact and for your agency's own compliance and training.

6. Phone numbers

6.1 Texts may go from the shared number or your dedicated number. Calls go only from a dedicated number, so anyone who calls back reaches your agency.

6.2 Numbers are held by TLC with our telecommunications provider and remain ours. You may not transfer or port them unless we agree in writing.

6.3 A STOP sent to the shared number stops texts from the shared number for every agency that uses it. A STOP sent to your dedicated number stops texts and calls from your agency. Only START sent to the same number lifts that opt-out.

6.4 We will not retire or reassign a number within 30 days of its last outgoing call, so callbacks still reach you.

6.5 You must not use a number we provide for anything other than the Platform.

7. Your contacts and imports

7.1 Each time you import contacts, you confirm that:

• (a) every person in the import is a past client of your agency or has enquired with your agency;
• (b) you collected their details lawfully;
• (c) you may give their details to us so that we can contact them on your behalf;
• (d) none of them has asked your agency to stop contacting them; and
• (e) the details are accurate as far as you know.

We record who confirmed each import and when.

7.2 You must not import, or ask us to contact, purchased, rented or scraped lists, or people who have not dealt with your agency.

7.3 If a contact tells your agency outside the Platform that they do not want to be contacted, or makes a complaint, you will record it in the Platform within one business day.

7.4 You must not contact, or ask us to contact, anyone the Platform shows as opted out.

8. The law on calls and messages

8.1 In every call we make on your behalf, we will comply with the Do Not Call Register Act 2006 (Cth) and the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017.

8.2 In the messages and calls we send and make for you, we will also comply with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth). This includes calling only within permitted hours at the person's address, identifying your agency, showing caller ID, ending a call when asked, acting on opt-outs straight away across every channel, checking campaign numbers against the Do Not Call Register before calling, and keeping records of consent and opt-outs.

8.3 You will comply with those laws in what you do and in what you ask us to do. In particular, you must have consent or another lawful basis for each person you ask us to contact, for each purpose you switch on.

8.4 You must not ask the assistant to say anything false or misleading, to pressure anyone, or to collect information it does not need.

9. Our right to pause

9.1 We may pause or limit calls, messages, nurture or campaigns for your account, a number or a contact, if we reasonably believe that:

• (a) continuing could breach the law, this agreement or our providers' rules;
• (b) complaints, opt-outs, failed deliveries or carrier blocks are running at an unusual rate;
• (c) a regulator, carrier or provider has asked us to, or a complaint needs investigating; or
• (d) your account is more than 30 days overdue.

9.2 We will tell you as soon as practicable, say why where we can, and resume once the issue is resolved. We are not liable for a pause made under this clause.

9.3 A pause never ends a call in progress unless continuing it would breach the law.

10. Your data and privacy

10.1 You own your data. You give us a non-exclusive licence to use it to provide, support and improve the Platform and as our privacy policy describes. We do not sell it or give it to other agencies.

10.2 We handle personal information in your account as your service provider, on your instructions under this agreement, and in line with the Privacy Act 1988 (Cth).

10.3 We will:

• (a) take reasonable steps to protect it from misuse, interference, loss, and unauthorised access, change or disclosure;
• (b) store it in Australia, except where providers process it overseas as our privacy policy describes;
• (c) require our providers to protect it to a comparable standard;
• (d) tell you without undue delay if we become aware of a data breach affecting your contacts, and work with you on any notification; and
• (e) help you respond to your contacts' requests for access or correction and to their complaints.

10.4 You are responsible for the lawfulness of the data you give us and of your instructions, and for your own privacy obligations to your contacts.

10.5 We may use de-identified, aggregated data, which cannot identify you or any person, to run, measure and improve the Platform.

10.6 When this agreement ends, you may ask for an export of your contacts within 30 days. We delete or de-identify your data within 90 days of it ending, except records we must keep by law or to evidence consent and opt-outs.

11. Your account

11.1 You are responsible for everyone who uses your account and for keeping logins secure. Tell us straight away if you suspect unauthorised use.

11.2 You will use the Platform only for lawful real estate business, and will not copy, reverse engineer, overload or interfere with it.

12. Content and Digital Clones

12.1 Content made specifically for you under a paid package becomes yours once paid for. TLC keeps ownership of the Platform, its templates and everything else.

12.2 You confirm you have the right to everything you upload, including photos, logos and listing material.

12.3 When one of your agents records their voice or likeness for a Digital Clone, you confirm the agent has agreed to it. We use those recordings only to make content for your agency, and delete them when you ask or when this agreement ends, except as needed for content already published.

13. Fees and limits

13.1 Fees are as set out in your signed proposal or as we agree in writing, and are paid outside the Platform. Unless the proposal says otherwise, fees are payable within 14 days of invoice, plus GST where it applies.

13.2 Usage limits for calls and messages are set for your account as agreed with you. When a limit is reached, new calls and messages wait for the next period or a new limit; a live call is never cut off.

14. Liability

14.1 Nothing in this agreement excludes rights under the Australian Consumer Law that cannot be excluded. Where the law lets us limit our liability for failing to meet a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

14.2 We are not liable for loss of profits, revenue, listings, commissions, opportunity or goodwill, or for any indirect or consequential loss.

14.3 Our total liability under or in connection with this agreement in any 12 months is limited to the fees you paid us in those 12 months.

14.4 We are not liable for loss to the extent it is caused by your data, your instructions, your breach of this agreement or the law, or what you or your staff say or do with contacts.

14.5 Clauses 14.2 and 14.3 do not limit liability for fraud, personal injury, or a party's wilful breach of clause 10 or clause 18.1.

14.6 We do not promise any number of leads, appraisals, listings or sales.

15. Indemnity

15.1 You indemnify us against claims, penalties and reasonable costs arising from: contacting people you imported or asked us to contact without a lawful basis; an inaccurate confirmation under clause 7; your breach of clause 8.3 or 8.4; or material you supply that infringes someone's rights. Your liability is reduced to the extent we caused or contributed to the loss.

16. Changes to this agreement

16.1 We may update this agreement. We will show you a notice in the app at least 30 days before a new version takes effect, with what has changed and a link to it. Where a change is needed sooner to comply with the law, we will give as much notice as we can.

16.2 Using the Platform on or after the effective date is acceptance of the new version. If a change materially disadvantages you, you may end this agreement by written notice before the effective date, without penalty, and we will refund fees prepaid for the period after it ends.

16.3 Every version and its effective date are published on this page.

17. Ending this agreement

17.1 Either party may end this agreement as set out in your signed proposal or, if there is none, on 30 days' written notice.

17.2 Either party may end it immediately by written notice if the other materially breaches it and does not fix the breach within 14 days of being told, or becomes insolvent.

17.3 We may end it immediately if your use of the Platform would put us in breach of the law or our providers' rules.

17.4 When it ends, the assistant stops, numbers stay with TLC (callbacks are still routed to you under clause 6.4), and clause 10.6 applies. Clauses 5, 7, 10, 14, 15 and 18 continue.

18. General

18.1 Each party keeps the other's confidential information confidential. TLC's confidential information includes how the Platform is delivered and who provides it.

18.2 This agreement is governed by the law of Western Australia, and each party submits to the courts of that state.

18.3 Notices may be sent by email to the address on your account, or to us at daniel@thelistingcollective.com.au.

18.4 You may not assign this agreement without our consent. We may assign it to a successor of our business by notice to you.

18.5 If any part of this agreement is unenforceable, it is read down or severed and the rest continues.

18.6 This agreement, your signed proposal, our privacy policy and our terms of use are the whole agreement on their subject.