entire agreement between NOKK Pty Ltd (ACN 619 220 763) and users of the NOKK Platform. If you browse or
otherwise access any content or data on the NOKK Platform, you agree to be bound by these terms and our
Platform at any time by publishing the new terms or conditions on the NOKK Platform. Your use of our
conditions, you must immediately cease to us use of the NOKK Platform.
NOKK reserves the right to exercise whatever means we deem necessary to prevent unauthorised access to or
use of the NOKK Platform, including but not limited reporting applicable conduct to the applicable
authority, person or entity.
NOKK does not warrant that content, links, or subdomains contained on, or associated with the NOKK
Platform will be available and accessible to you at all times. NOKK may change the path or location of a
link or sub-domain, or redirect content contained within a link or subdomain on the NOKK Platform at any
time without prior notice to you. NOKK does not warrant that any links that you forward will remain
constant at the time that you forward or share them, as they are subject to change at any time without
notice to you.
Information on the NOKK Platform or any of our publications should not be regarded as a substitute for
professional legal, financial or real estate advice.
NOKK makes no warranty as to the accuracy or reliability of the information contained on the NOKK Platform
(including, but not limited to, any content or information generated on our platform by or on our behalf,
and any third party content). NOKK and its related entities, directors, officers employees and agents
disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered
by any recipient through relying on anything contained in or omitted from the NOKK Platform.
Use through Agent's Portal
If you are, have been, or in the future become, an estate agent within the meaning set out in the Estate Agents Act 1980 (Vic) (or the corresponding or similar legislation applicable for the state or territory in which you are operating in), then in addition to
- Save for your use of the Agent's Portal, you will only use the website and NOKK platform for the express purpose of buying property for yourself or for selling your own property (Genuine Use);
- Save for Genuine Use, without the prior written consent of NOKK, you, your family members and employees, will not use any information or data obtained directly or indirectly from the NOKK Platform, for any other purpose whatsoever, including without limitation, to contact property owners, buyers or users of the NOKK Platform;
- If you use the NOKK Platform via the Agent's Portal, you:
• acknowledge and agree that you are wholly responsible for any and all content you upload for both yourself and other persons;
• agree to ensure the accuracy of all content and will delete, manage, edit and make all requisite amendments to achieve same;
• attend to any issues raised by us or third parties in relation to the content that you have uploaded in a timely and efficient manner;
• agree to comply with all obligations set out in the Estate Agents Act 1980 (Vic) and Estate Agents (Professional Conduct) Regulations 2018 (Vic) (or the corresponding or similar legislation and regulations applicable for the state or territory in which you are operating in). Where there is a conflicting obligation contained in the Regulations. For the avoidance of doubt, this includes without limitation, the obligations pertaining to a statement of information for property that the Agent is engaged to sell;
• respond to any NOKKs and enquiries in a timely and efficient manner; and
- You acknowledge that the NOKK Platform is primarily focused on off-market listings, and accordingly, you agree to immediately remove all content that you have uploaded in respect of any properties that become listed on Realestate.com.au, Domain.com.au or otherwise become listed as on-market properties;
- You expressly waive and release us from any service issues or outages to the NOKK platform, although we will use reasonable endeavours to deal with any issues in a timely and efficient manner; and
- You will indemnify and hold harmless NOKK (and any of its associates or associated entities) from all liabilities, losses, damages, costs and expenses (whether current, prospective or contingent) arising out of your (and any of your associates or
You warrant that you own and control all rights to any information, data, text, video or audio that you
host, share, publish, post, store or upload onto the NOKK Platform, including the right to licence and
authorise NOKK to use same. Further, you represent and warrant any information, data, text, video or audio
that you host, share, publish, post, store or upload onto the NOKK Platform:
- Does not infringe the intellectual property rights of any third party, and you agree to pay all
royalties, fees or other monies payable by reason of anything provided by you;
- Is not misleading, deceptive or materially incorrect; and
- Is not and is not likely to be considered offensive, obscene, defamatory or otherwise inappropriate.
NOKK may deal with any information, data, text, video or audio that you host, share, publish, post, store
or upload onto the NOKK Platform as follows:
- At our sole discretion, NOKK may at any time, remove or amend access to said information, data, text,
video or audio without notice to you;
- To use said information, data, text, video or audio a non-exclusive, royalty-free, perpetual,
transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish,
create derivative works from and display same throughout the world.
The subject matter on and accessible from the NOKK Platform is copyright in accordance with the Copyright
Act 1968 and is provided for private and non-commercial use only.
NOKK is not a real estate agency and does not provide services in respect of buying or selling property.
Rather, we provide a digital platform to connect buyers and owners to each other and trusted affiliates.
The NOKK Platform contains third party and user-generated content, as well as links to external websites
and widgets to which we have no affiliation nor control. NOKK does not accept any responsibility or
liability for the accuracy, content, completeness, legality, or reliability of the information contained
or linked to on the NOKK Platform.
You represent and warrant that you will make sure that you keep your username and password by which you
access the NOKK Platform confidential and secure at all times, and you accept all liability for any
unauthorised use of any username and password issued except for unauthorised use resulting from any
negligent act or omission legally attributable to NOKK.
Users of the NOKK Platform may include but are not limited to property owners, prospective buyers and real
estate agents. You acknowledge and agree that you may be approached by any of these parties through the
NOKK Platform, however you will only engage in further communication with other parties if you choose to
accept their initial request to engage.
You acknowledge and agree that NOKK may directly charge you fees and request payment authorisations from
you, but only after said fees have been disclosed to you and you have acknowledged your agreement or
authorisation of same. You acknowledge and agree to pay all fees as they become due and payable and that:
- Fees payable include fees for fixed amounts and for a percentage (%) of the total sale price of
- Timing of the payment of fees ranges and includes but is not limited to immediate payment and payment
upon a specified event occurring; and
- For the avoidance of doubt, failure to pay any fee as and when it falls due is a material breach of
You agree to indemnify and hold NOKK and its affiliates (and their officers, agents, partners and
employees) harmless against any and all loss, liability, claim or demand (including reasonable legal fees)
arising out of, or in connection with your use of and access to our platform or otherwise breaching these
To the extent permissible by law, NOKK's liability for breach of any implied warranty or condition that
cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of
re-supply of services.
You acknowledge and agree that NOKK will not be liable to you or any third party for any indirect,
consequential, exemplary, incidental, special or punitive damages, including lost profit, revenue,
goodwill, customers or capital in any way connected with these terms or the NOKK Platform.