RE Software Offers Live Buyer Terms & Conditions

RE Software Offers Live Buyer Terms & Conditions - Property

Last Updated: 24^th October 2025

Definitions

Account means an account comprising of a Bid Buy profile, and either a Bidder Registration Form or Offer Management Form;
Agency means the business, sole trader, partnership, entity or otherwise that employs or contracts the Agent;
Agent means the real estate agent, or sales agent as defined in the Applicable Law in the Relevant Jurisdiction;
AI means artificial intelligence. For the purpose of these Terms and Conditions, AI will be utilised to generate reports, opinions, recommendations and insights based on offers submitted to the Platform;
Applicable Law means the law applicable in the Relevant Jurisdiction;
Auctions Live means the online platform and software solution provided by the Provider that facilitates live auctions. The platform enables salespeople, auctioneers and buyers to conduct and participate in live-streamed auctions, including real-time bidding, auction management and compliance tracking;
Bid Buy App means the mobile application provided by the Provider that allows users to remotely participate in live property auctions and manage offers. The Bid Buy App provides a secure platform for customers and supports both Auctions Live and Offers Live services;
Bidder Registration Form means the form required to be completed to become a Registered Bidder;
Binding Offer means that the terms of the offer submitted are binding upon acceptance by the Vendor;
Device means a computer, tablet, mobile phone, or other device capable of using the internet;
Non-Binding Offer means the terms of the offer submitted are non-binding and subject to further negotiations with the Vendor. The offer may be modified prior to any binding agreement being signed by both parties;
Offers Live means the online platform provided by the Provider that facilitates the management of property offers in a transparent and structured environment. The platform enables buyers to submit offers, and vendors or agents to assess them based on multiple factors beyond price. Offers Live supports private treaty, expressions of interest and other property sales methods;
Offer Management Form means the form comprising of the details of any offer submitted by the Purchaser;
Offer Type means private treaty, expressions of interest, deadline/timed sales, closed tenders or offers above, or any other relevant sales methods;
Our/Us/We means the Provider;
Personal Information has the same meaning as in the Privacy Act (Cth) 1988;
Platform means the SaaS known as Auctions Live and Offers Live;
Property means the real property;
Provider means RE Software Pty Limited;
Purchaser means a buyer of Property;
Relevant Jurisdiction means the jurisdiction of the State or Territory where the Property is located;
SaaS means Software as a Service;
Services means the Bid Buy App, and the software for Auctions Live, Offers Live, Mobile Console and Broadcaster App;
Subscriber means the Company or Agent subscribed to RE Software;
Terms means these Terms and Conditions;
User means a person who is authorised to use the Platform;
Vendor means the owner of the Property;
Visitor means a person who accesses the Platform and is not a User;
Website means www.auctionslive.com and includes, but is not limited to any sub-domains, mobile sites, apps and APIs.

About The Platform

The Provider provides the SaaS and Platform to Subscribers to conduct the Services, including Auctions Live and Offers Live.
The Provider is also the owner of the Bid Buy App that allows registered bidders and Users to bid or view previously submitted offers on the Bid Buy App.
The Offers Live Platform allows parties participating in a sales campaign to communicate with each other at various stages throughout the sales campaign.

Agreement

By browsing, accessing and/or using this Website, the Bid Buy App, or the Platform, you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws in the Relevant Jurisdiction.
These Terms and Our Privacy Policy form the basis on which You may access and use Our Website and Platform. If you do not agree with any of these terms, you are prohibited from using the Website and Platform.
We may modify these Terms and Your use of Our Website at any time without notice. Your continued use of this Service indicates your acceptance of any amended Terms.

Accessing The Platform

Registering an Account: To access the Platform and use the Services and submit offers via the Platform, you are required to register via the property listing to participate in a sales campaign that you are interested in by subscribing to that sales campaign with your email address and submitting your Offer Management Form.

As part of the registration process and as part of your continued use of the Services, you will be required to provide Personal Information about yourself such as identification or contact details.

If you are acting on behalf of a purchaser in the transaction, you will be required to disclose the details of the person you are submitting the offer for. You will be required to provide the agent with any additional information as required, including any proof of identity documents. We will notify the Buyer for whom you are acting on behalf of that you have submitted the Offer Management Form and provided their Personal Information, and they will be required to verify and confirm that you are authorised to act on their behalf.

Your Personal Information will also be shared with the Agent and dealt with in accordance with their Privacy Policy.

You warrant that if you are acting on behalf of a Purchaser you will act in accordance with their instructions throughout the sales campaign. In the event that your offer submitted on behalf of the Purchaser is successful, the Purchaser shall be obligated and liable to complete the purchase of the Property.

You warrant that any information you give to us and other Users in the course of completing the registration process will always be accurate, correct and up to date.

You warrant that you will amend or update any information as required while using the Platform to ensure your Personal Information remains up to date and accurate.
Access Security: Once you have successfully registered an Account, we will provide you with your unique credentials. Your unique credentials may include a username and password. You must keep your credentials confidential and secure at all times and you must not disclose your credentials to, or share them with, another person.
Access Availability: We will use reasonable efforts to maintain the availability of the Platform, however, we do not guarantee that the Platform will be available at all times. You agree to use the Platform at your own risk and discretion, and you accept and acknowledge that IT infrastructure and software is prone to unforeseen issues which may cause the Platform to be unavailable or data to be lost.

You agree that we will not be liable or accountable for any reason for any loss as a result of the unavailability of the Platform and that your only recourse is to cease using the Platform and the Services.

Security Obligations as a User

You acknowledge and agree that:

You will use the Platform and the Services for the purposes permitted by these Terms;
You must not use your credentials to access the Platform if:

The credentials have not been issued to you; or
Your access has been revoked or suspended;

You are solely responsible for protecting the confidentiality of your password;
You are responsible for ensuring you have a secure internet connection to access the Platform and your Device is capable of accessing the Platform and using the Services;
You must not expressly or impliedly impersonate another User or use the credentials of another User to access the Platform;
Access to the Platform and use of the Services is limited, non-transferable and only provided to you for the purposes of utilising the Services;
You must not misuse the Platform, including but not limited to making false offers and/or attempts to violate the security or integrity of the Platform.

Bid Buy App

You acknowledge and agree that in order to use the Services you must create a Bid Buy Profile.
The Personal Information inputted in this profile is owned and stored by the Provider, however, you acknowledge and agree that the Personal Information is shared with Subscribers of the Provider (in particular the Agent) and utilised for your Offers Live Offer Management Forms.
You must consent to the transfer of your Personal Information into the relevant form (namely the Offers Live Offer Management Form) and you acknowledge and agree that your Personal Information will be provided and shared with the Subscriber.
Once you consent to the transfer of your Personal Information by using the Offers Live Offer Management Form, you acknowledge and agree that the Agency advertising the listing may utilise the form, and the information contained therein as part of its internal management process.
You may use your profile to auto-populate the relevant form which will allow you to participate in any other sales campaign and you can submit an offer via the Offers Live process on other listings.
You acknowledge and agree that each time you utilise your profile to auto-populate the relevant form, your Personal Information will be shared with the relevant Agent and Agency that is participating in that sale. You acknowledge that the Agent and Agency may be different to the Agent or Agency with whom you already shared your Personal Information.
Whilst you may deactivate your account, you acknowledge and agree that the Provider cannot delete your Personal Information. The Provider must retain your Personal Information in order to comply with legislative requirements (especially in circumstances where you have made an offer on a Property). Therefore, the Provider will retain your Personal Information for a period of seven (7) years.

Online Offers - Terms and Conditions

The User acknowledges that the Provider does not conduct the sales campaign process and the Provider:

is not a real estate agent and does not claim to be;
does not own or offer for sale the Property or any property listed on the Platform.

The Provider’s role is limited to providing the Platform for the sale of the Property.
Therefore, the Provider is not responsible or liable:

In the event that a Vendor or Purchaser fails to complete a contract for sale of land;
for the completion of the sale of a Property;
for the state and condition of any Property listed on the Platform; and
for verifying a Property listed on the Platform.

The Vendor may instruct the Agent to withdraw the Property from the Platform at any time.
The Offers Live process relates to the Offer Types.
The following process relates to the conduct of a sales campaign facilitated by the Platform:

Once the User has created a Bid Buy Profile, it may submit an Offer Management Form for a Property listed for sale on the Platform.
A Property will be listed on the Platform and the listing will include any deadline for offers and the campaign length.
All offers must be submitted during the advertised period.
The Offer Management Form will require the User to submit its best offer, including any terms and conditions attached to the offer.The User will be required to answer such questions including, but not limited to:

offer amount;
whether vacant possession of the Property is required;
whether the offer is contingent upon financial approval;
whether the offer is subject to any special conditions;
the proposed settlement period;
whether the offer includes a cooling off period;
whether the offer is contingent upon information included in building, strata or pest reports.

In submitting the Offer Management Form, the User warrants that it has:

inspected the Property and undertaken due diligence on the Property; and
it has obtained independent legal advice on the contract for sale of land in relation to purchasing the Property.

The User acknowledges and agrees that should it be the successful Purchaser, it will:

be notified that it has submitted a successful offer; and
that it will be required to sign a contract for sale of land in a timeframe required by the Agent.

The User acknowledges that the sale is not an auction and the Agent and the Vendor have the authority to sell the Property to a Buyer at any time during the sales campaign.
The User will be the successful Purchaser should it submit an offer that is accepted in principal by the Agent on behalf of the Vendor. This will require the parties to proceed to contract signing. However, if the User fails to comply with the requirement of signing the contract of sale of land within the required timeframe, the Vendor is under no obligation to sell the Property to the User.

For Sales by Tender, the following process shall apply, for binding tender submissions:

Once the User has created a Bid Buy Profile, it may submit an offer Management Form for a Property listed for sale by tender.
In submitting the Offer Management Form the User warrants that it has:

inspected the item and undertaken due diligence on the Property.
it has obtained independent legal advice on the contract for sale of land in relation to purchasing the Property.
it has obtained independent legal advice in relation to the offer it is submitting by tender.

The User warrants and acknowledges that should the offer submitted be successful, the User will be bound by the terms of the offer submitted immediately upon acceptance of the offer.
The User will be directed to submit the offer by responding to the relevant questions on the Offer Management Form and submitting the offer by uploading a PDF containing the relevant terms of the offer onto the Platform.
The offers submitted via the Platform in relation to a Tender will be kept confidential and offers locked down until the expiry of the tender process which will be displayed on the Platform.
The Agent will provide the Vendor with all offers at the expiry of the tender process and the Vendor will select the successful offer.
The Purchaser of the Property will be the User who has had their offer accepted by the Agent and completes a contract for sale of land that incorporates the terms and conditions of the successful offer. The Agent will advise of the timeframe for completing the Contract for Sale of Land.
If the User fails to complete the contract for sale of land within the required timeframe, the vendor will not be obligated to sell the Property to the User.

Technological Errors

The Provider does not warrant that the Platform will operate without interruptions or without errors.
The Provider does not guarantee uninterrupted, continuous or secure access to the Services.
The Provider will not be responsible or held liable for any offers that, due to technical difficulties, were not received or accepted, unless it arises directly as a result of the Provider’s negligence or wilful conduct.
The Provider will not be held liable for any consequential damages or lost profits arising out of, or in connection with, the delivery of the Services.
You agree to indemnify and hold the Provider harmless from any claim or demand, including legal fees, made by you as a result of your use of the Services, except to the extent that the claim arises directly from the Provider’s gross negligence or wilful misconduct.

Intellectual Property

The Platform and Services are subject to copyright.
All intellectual property, trademarks, branding and material on, or relating to the Platform and the Services are owned, registered and/or licensed by the Provider who grants you a non-exclusive, royalty-free, revocable licence while you are a User to:

Use the Platform pursuant to these Terms;
Use and store the material contained on the Platform in your Device’s cache memory; and
Print pages from the Platform for your own personal and non-commercial use.

You may not, without our prior written consent and the consent of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.

Privacy

Any Personal Information provided through the use of the Platform is subject to our Privacy Policy, which is available https://auctionslive.com/privacy-policy.
The User acknowledges that the Platform utilises AI to review the offers submitted on the Platform and generate reports that will be presented to the vendor that will indicate:

Offers received; and
The best offer (based upon such things as price, settlement terms and terms and conditions).

The Vendor will not have access to your name and personal information on the report. The Vendor will only see the offer received.
Whilst AI will be utilised to create the report, the Vendor will ultimately be responsible for selecting an Offer.

Cookies

We may use cookies to enable Us to retrieve user details for each visit. Cookies are used in some areas of the Website to enable its functionality and ease of use for those people visiting the Website.

Advertising

The inclusion of advertisements, pointers and hyperlinks to other websites operated by third parties are not under the control or the responsibility of the Provider. A display of advertising does not imply an endorsement or recommendation by the Provider.

Disclaimers

No Warranty: Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. We do not make any express or implied representation or warranty about the Services. This includes (but is not limited to), loss or damage you might suffer as a result of any of the following:

Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
The accuracy, suitability or currency of any information on the Platform;
Costs incurred as a result of you using the Platform;
The Services or operation of links on the Platform (which are provided for your convenience)

No Liability: You acknowledge that the Platform is only intended as a SaaS, and does not offer any other services, other than the Platform. We hold no liability to you as a result of any conduct of the Subscribers.

Limitation of Liability

You acknowledge and agree that the Provider takes no responsibility, and is not liable for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you as a result of the use of the Platform by you or any other User of the Platform (including Subscribers, Real Estate Agencies, Agents, Auctioneers)

Indemnity

You agree to indemnify Us, our affiliates, employees, agents, contributors, third party providers and licensors from and against:

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 the use of the Platform;
Any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
Any breach of these Terms.

Suspension/Termination of Account

Termination or Suspension:

We may, at any time and without notice, terminate or suspend Your Use of the Platform if:

You breach any of these Terms or intend to breach any of these Terms;
We are required to do so by law; or
The provision of the Services to you by Us, is, in Our opinion, no longer commercially viable.

Effect of Termination or Suspension:

Subject to local applicable laws, we reserve the right to discontinue to cancel you as a User at any time and may suspend or deny, in its sole discretion, your access to all or any part of the Platform or the Services, without notice, if you breach any provision of these Terms and Conditions use or any Applicable Law.

General Provisions

Governing Law: These Terms and the use of the Platform are governed by the laws of New South Wales, and you submit to the non-exclusive jurisdiction of the courts of that State.
Change to the Terms: We reserve the right to change these Terms at any time and without notice. In the event that we change these Terms, we will take reasonable steps to notify you of the changes.
Severance: If any part of these Terms is found to be void, unlawful or unenforceable by a court, that part shall be severed from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

Buyer