1. About these terms
These Terms of Use (Terms) form a legally binding agreement between you and Timed Property Pty Ltd (Timed, we, us, our).
They apply when you access or use any Timed product or service — including the Timed website (timedproperty.com.au), the Timed CRM, our mobile applications, and any related communications and APIs (together, the Timed Platform).
By creating an account, registering to bid, listing a property, or otherwise using the Timed Platform, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Timed Platform.
Different parts of these Terms apply to different roles — buyer, seller, or agent. Each section is labelled so you can see what applies to you.
2. What Timed is (and isn't)
Timed is a technology platform that allows verified real estate agents to list properties for sale within a fixed bidding window (a Timed Sale) and allows verified buyers to place bids on those listings online.
We are not a real estate agency. We do not act as agent for any seller or buyer, we do not represent vendors, we do not conduct auctions, and we do not give legal, financial, taxation, valuation or property advice. Listings on Timed are offered by independent licensed real estate agents who are solely responsible for the conduct of each sale.
A Timed Sale is not an auction. Bids placed on the platform are not bids at auction within the meaning of any state or territory auction legislation. Whether a sale results in a binding contract depends on the terms agreed between the seller, the buyer and the listing agent, and on signing the relevant contract of sale.
3. Eligibility and accounts
To use the Timed Platform you must:
- be at least 18 years old;
- be legally able to enter into a binding contract;
- if registering to bid or to purchase a property, be legally entitled to purchase and hold real property in Australia; and
- if registering as an agent, hold a current real estate licence in the Australian state or territory where you intend to list properties.
You agree to provide accurate, current and complete information when you create your account, and to keep that information up to date. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
You must notify us immediately at hello@timedproperty.com.au if you become aware of any unauthorised access to your account.
We may refuse, suspend or terminate any account at our discretion, including where we reasonably believe an account is being used in breach of these Terms or any law.
4. Identity and bidder verification
Browsing the Timed website does not require an account. To save properties, contact agents, register to bid, or list a property, you must create an account.
To register to bid on a property, you must provide:
- your full legal name, mobile number, email address and residential address — for each buyer, where up to four of you are purchasing together;
- a photograph or scan of a current government-issued photo ID, such as a driver licence or passport;
- where you are buying through a company or trust, the entity name and its ABN or ACN; and
- your intended deposit, your conditions (such as finance or a building and pest inspection), and your solicitor or conveyancer's details where you have appointed one.
Identity documents are reviewed by the listing agent, who may approve or refuse your registration at their discretion. We do not use a third-party identity verification service, and we do not run automated checks against government databases.
Registration is specific to a single property. You must register again, and be approved again, for each listing you want to bid on.
We may, at any time and at our discretion, suspend or revoke a verified status if we have reasonable grounds to believe the information provided is inaccurate, expired, or has been used in breach of these Terms.
5. Buyer terms
This Section 5 applies if you bid on, register to bid on, or enquire about a property on the Timed Platform.
5.1 Bidding
By placing a bid you:
- represent that you are bidding in good faith with a genuine intention to purchase the property at the bid amount, and that you have the financial capacity to do so;
- acknowledge that bids are submitted in real time and will be visible to other bidders, the listing agent, and the seller;
- acknowledge that bids cannot be retracted or amended once submitted, except with the express consent of the listing agent and Timed;
- acknowledge that placing a bid does not by itself create a binding contract for the sale of the property — a binding contract only forms when a contract of sale is executed by you and the seller in accordance with the laws of the relevant state or territory.
5.2 Outcome of a Timed Sale
At the end of the bidding window:
- If the seller's reserve price has been met — the highest valid bid is treated as the leading offer and the listing automatically progresses to Under Contract status. The leading bidder will be contacted by the listing agent to proceed to contract.
- If the reserve price has not been met — the listing moves into Decision Pending status. The seller and listing agent may, at their discretion, accept the highest bid, negotiate with one or more bidders, withdraw the property, or relist it.
- In either case, the seller is not obliged to accept any bid, and you should not assume any contractual right to purchase a property arises from being the highest bidder.
5.3 Bidder anonymity
Public bid history on the Timed Platform displays bid amounts and times only — bidder identities are shown as Buyer A, Buyer B, and so on. Your identity will be visible to the listing agent for any property you have registered to bid on, and may be disclosed to the seller of that property as part of the sale process. See our Privacy Policy for more detail.
5.4 Due diligence
You are solely responsible for satisfying yourself about a property before bidding — including its title, condition, suitability, zoning, encumbrances, building reports, contract of sale, and the financial and legal implications of purchase. We do not verify or warrant any information about a property and you must not rely on the Timed Platform alone to make a purchase decision.
6. Seller and agent terms
This Section 6 applies if you list a property on Timed (whether as an agent acting on behalf of a vendor, or as a vendor whose property is being listed).
6.1 Agent obligations
If you list a property on Timed as an agent, you warrant that:
- you hold a current and valid real estate licence in the state or territory where the property is located;
- you are duly appointed and authorised by the owner or vendor to market and sell the property, including by way of a Timed Sale;
- all information you upload about a property — including addresses, prices, photographs, floorplans, descriptions, inspection times and contractual documents — is accurate, lawful to publish, and not misleading or deceptive;
- you have all necessary rights, including intellectual property rights, to upload the content you provide;
- you will comply with all applicable real estate, advertising, consumer protection and anti-money-laundering laws in the state or territory where the property is located, including any disclosure and underquoting requirements;
- you will keep records of bidder registration, bid history, and sale outcomes as required by the laws applicable to your licence; and
- you will respond to bidder enquiries, registration requests, and post-sale communications in a timely and professional manner.
Timed is a platform — not a co-agent. We do not act as your agent, do not communicate with vendors on your behalf, and do not maintain any record required to be made or kept by you under the laws applicable to your licence.
6.2 Vendors
If your property is being listed on Timed, you acknowledge that:
- your appointed listing agent is responsible for the conduct of the sale, including the accuracy of the listing, communications with bidders, and the contract of sale;
- Timed displays a public, anonymised bid history for your property;
- if your nominated reserve price is met during the bidding window, the listing will automatically progress to Under Contract status — meaning your agent will treat the highest bid as the leading offer and proceed to contract on your behalf; and
- you may withdraw your property from sale only in accordance with your agency agreement and any applicable law.
6.3 Agency-vendor relationship
The relationship between an agent and the vendor of a property, including any commission, agency agreement, or trust account arrangements, is between the agent and the vendor only. Timed is not a party to that relationship and is not responsible for any dispute arising from it.
7. Permitted use and prohibited conduct
We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Timed Platform for the purposes contemplated by these Terms.
You must not:
- use the Timed Platform in breach of any law or regulation;
- place dummy, sham, collusive, or otherwise non-genuine bids;
- register more than one buyer account, or register under a false name, in order to bid on a property;
- use the Timed Platform to harass, defame, intimidate, or otherwise harm another user;
- attempt to interfere with, disrupt, or compromise the security or integrity of the Timed Platform, including by introducing viruses, attempting to gain unauthorised access, or testing the vulnerability of our systems without our prior written consent;
- scrape, copy, harvest, or republish any content from the Timed Platform other than for your own personal, non-commercial use;
- reverse engineer, decompile, or attempt to derive the source code of any part of the Timed Platform, except to the extent expressly permitted by law;
- use the Timed Platform in a way that places unreasonable load on our infrastructure, including via automated requests; or
- do anything that, in our reasonable opinion, may damage our reputation or expose us to liability.
We may investigate suspected breaches of this section and may suspend or terminate accounts, refuse bids, or remove listings as a result.
8. Content and intellectual property
All software, content, branding, designs and other materials forming part of the Timed Platform — other than content uploaded by users — are owned by Timed or our licensors. We grant you no rights in those materials except the limited licence to use the Timed Platform set out in Section 7.
You retain ownership of content you upload (such as listing photographs, floorplans, and descriptions). By uploading content, you grant us a worldwide, royalty-free, non-exclusive licence to host, display, reproduce, distribute, and otherwise use that content for the purpose of operating, promoting and improving the Timed Platform. You are responsible for ensuring you have the rights to grant this licence.
We may remove content that we reasonably believe breaches these Terms, infringes a third party's rights, or is otherwise unlawful or inappropriate, without notice.
If you give us feedback or suggestions, we may use them without obligation or compensation to you.
9. Notifications and communications
By using the Timed Platform, you agree that we may send you transactional notifications by email, in-app message, push notification or SMS in connection with your account and your activity — for example, outbid alerts, win confirmations, listing status changes, security alerts and verification codes. You cannot opt out of these messages while you have an active bid, registration, or listing.
Marketing messages are separate. You can opt out of marketing at any time as described in our Privacy Policy.
10. Availability and changes
We aim to keep the Timed Platform available, but we do not warrant that access will be uninterrupted, error-free, or completely secure. The internet is an inherently unreliable medium and outages and downtime can and do occur.
We may, at any time and without liability to you:
- perform maintenance that temporarily limits access;
- add, remove or change features of the Timed Platform; and
- discontinue all or part of the Timed Platform.
Where reasonably possible, we will give notice of significant changes that affect you adversely.
11. Third-party services and links
The Timed Platform may include or link to third-party services, websites, or content. We do not control, endorse or accept responsibility for any third-party service or content. Your use of a third-party service is governed by the terms and privacy policy of that third party.
12. Disclaimers
To the maximum extent permitted by law, the Timed Platform is provided as is and as available, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or that the platform will be free of errors or interruptions.
Without limiting the above:
- we make no representation or warranty about the accuracy, completeness or currency of any property information, listing, price, photograph or document published by an agent on the Timed Platform;
- we make no representation or warranty about the conduct or identity of any other user, including agents, sellers or bidders; and
- we do not warrant that bids placed through the Timed Platform will result in a binding contract of sale.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that the Australian Consumer Law (ACL) confers and that cannot lawfully be excluded. Where our liability for breach of a consumer guarantee can be limited under the ACL, our liability is limited at our option to supplying the services again or paying the cost of having them supplied again.
13. Limitation of liability
To the maximum extent permitted by law, and subject to Section 12 and any non-excludable rights you have under the ACL, in no event will Timed, its directors, officers, employees, contractors or related entities be liable to you or any other person for:
- any indirect, incidental, special, consequential, exemplary or punitive loss; or
- any loss of profit, loss of revenue, loss of bargain, loss of opportunity, loss of goodwill, or loss of data,
arising out of or in connection with your use of the Timed Platform, any sale or attempted sale of a property, any act or omission of another user, or any failure or unavailability of the Timed Platform.
To the maximum extent permitted by law, our total aggregate liability to you in connection with these Terms or the Timed Platform is limited to the greater of (a) any fees you have paid to us in the 12 months preceding the event giving rise to the claim; or (b) AUD $100.
14. Indemnity
You indemnify Timed and our directors, officers, employees, contractors and related entities against any loss, damage, cost or expense (including legal costs on a full indemnity basis) suffered or incurred arising out of or in connection with:
- your breach of these Terms;
- your breach of any law;
- any content you upload to the Timed Platform, including any claim that it infringes a third party's rights; and
- any negligent or unlawful act or omission by you in connection with the Timed Platform.
This indemnity does not apply to the extent the loss was caused by our negligence or wilful misconduct.
15. Suspension and termination
You may close your account at any time by contacting us at hello@timedproperty.com.au or using the in-app account closure flow if available. Some information may need to be retained as set out in our Privacy Policy.
We may suspend or terminate your access to the Timed Platform — in whole or in part — at any time and without liability to you if:
- you breach these Terms or any applicable law;
- we reasonably believe your account is being used fraudulently, in bad faith, or in a way that puts other users or our platform at risk; or
- we are required to do so by law or by a regulator.
Termination does not affect any rights or obligations that have accrued before termination, nor any clauses of these Terms that by their nature are intended to survive (including Sections 8, 12, 13, 14, 17 and 18).
16. Changes to these Terms
We may update these Terms from time to time. The version published on this page is always the current version, and the date at the top reflects when it was last updated. If we make material changes, we will take reasonable steps to notify you in advance — for example, by email, in-app message, or notice on the website.
Your continued use of the Timed Platform after changes take effect means you accept the updated Terms. If you do not accept them, you must stop using the Timed Platform.
17. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You and Timed each submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from those courts.
18. General
- Entire agreement. These Terms (together with the Privacy Policy and any other terms expressly incorporated) constitute the entire agreement between you and us in relation to the Timed Platform.
- Severance. If any part of these Terms is held to be invalid or unenforceable, that part is severed and the remaining Terms continue in full force.
- Waiver. Our failure to enforce a right under these Terms is not a waiver of that right.
- Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations to any successor or affiliate.
- No agency. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.
- Subcontracting. We may subcontract any of our obligations to a third party.
- Notices. We may send notices to you via the email address on your account or by notice through the Timed Platform. You should send notices to us at hello@timedproperty.com.au.
19. Contact
Questions about these Terms can be sent to hello@timedproperty.com.au.
