Legal
Terms of Use
Last updated: 17 August 2026
1. Introduction
These Terms of Use (Terms) govern access to and use of the ListingLogic platform and services. They explain our obligations as a service provider and your obligations as a customer.
These Terms apply from the earlier of the date on which you accept an Order Form incorporating them, register for or use the Service, or authorise ListingLogic to provide the Service on your behalf.
By accepting these Terms, you confirm that you have read and understood them and have authority to bind the person or organisation on whose behalf you use the Service.
If an Order Form, enterprise agreement or other written agreement signed by ListingLogic conflicts with these Terms, the signed agreement prevails to the extent of the conflict.
Questions may be sent to sales@listinglogic.com.
2. Definitions
Advertising Fee means the portion of a Fee applied to advertising inventory, media placement or other third-party advertising costs.
Advertising Platform means a third-party advertising, search, social media, discovery or distribution platform used with the Service, including Meta and Google.
AI Feature means a feature using artificial intelligence, machine learning, automated optimisation or generative technology.
Authorised User means a person authorised by a Customer to use the Service.
Confidential Information means non-public information disclosed in connection with the Agreement, including business, commercial, technical, security and customer information. It excludes information the recipient can demonstrate is public without breach, was already lawfully known, was lawfully received without a duty of confidence, or was independently developed.
Content means property information, text, images, video, audio, branding, advertising material, instructions and other material supplied or authorised by the Customer.
Customer, you or your means the person or organisation acquiring or using the Service, including through Authorised Users.
Customer Data means data, information and Content submitted to, made available to or processed through the Service by or for the Customer.
Fee means any amount payable for the Service, including ListingLogic Fees and Advertising Fees.
Fixed Term means a minimum service period specified in an Order Form.
ListingLogic, we, us or our means ListingLogic Limited and, where applicable, the ListingLogic entity identified in an Order Form.
ListingLogic Fee means the fee for access to or provision of the Service, excluding Advertising Fees unless stated otherwise.
Order Form means an accepted order, proposal, subscription, statement of work or other document describing the Service, Fees, term or commercial arrangements.
Platform means the ListingLogic website, dashboard, APIs, applications and related technology.
Service means ListingLogic's advertising creation, automation, distribution, placement, optimisation, data integration, audience activation, analytics, reporting and related services.
3. Access to the Service
Subject to payment and compliance with the Agreement, ListingLogic grants the Customer a limited, non-exclusive, non-transferable and revocable right during the applicable term to use the Service for lawful business purposes.
The Customer:
- determines its Authorised Users and their access;
- is responsible for their conduct and account activity;
- must ensure credentials are secure and not shared between individuals;
- must promptly revoke access no longer required; and
- must immediately notify ListingLogic of suspected unauthorised access or security incidents.
ListingLogic may require password resets, multi-factor authentication, advertiser verification or other reasonable security measures.
4. Customer obligations
The Customer must:
- use the Service lawfully and in accordance with the Agreement;
- comply with applicable laws, industry requirements and Advertising Platform policies;
- provide accurate account, billing and campaign information;
- hold all rights, permissions, notices, consents and lawful bases required for ListingLogic to process Customer Data;
- ensure that Content and campaign instructions are accurate, lawful and not misleading;
- review and approve material campaign settings and Content when requested;
- maintain appropriate privacy notices and cookie disclosures on connected websites;
- obtain consent required for pixels, cookies, remarketing, audience matching, email, SMS or other marketing activity;
- comply with applicable real estate, advertising, consumer, anti-spam, intellectual property and privacy laws; and
- cooperate with verification, security and compliance requirements.
The Customer must not:
- undermine or bypass the security or integrity of the Platform or a connected system;
- access data, accounts or systems without authorisation;
- introduce malware or harmful code;
- publish unlawful, discriminatory, defamatory, deceptive, offensive or infringing material;
- send unlawful unsolicited communications;
- scrape or harvest data except through an authorised feature or API;
- copy, modify, reverse engineer or decompile the Platform, except to the extent applicable law expressly permits and that right cannot be excluded;
- resell or sublicense the Service without written approval; or
- use the Service or non-public information obtained through it to develop, train or improve a competing product or service.
The Customer is responsible for determining whether the Service suits its business and for retaining records required by law or its policies.
5. Advertising services and third-party platforms
The Service may create, purchase, manage, distribute or report on advertising through Advertising Platforms. The Customer agrees to comply with all applicable platform terms and policies, including advertising, commerce, business tools, customer-list audience and data-processing terms.
Advertising Platforms are independent third parties and are not agents, partners or representatives of ListingLogic. ListingLogic does not control and is not responsible for their availability, policies, algorithms, approval decisions, account restrictions, targeting options, attribution, reporting, pricing, auction outcomes or independent data handling.
ListingLogic may refuse, pause, modify or remove a campaign where reasonably necessary to comply with law, protect systems or users, respond to a platform requirement, address a security concern or avoid material reputational harm. Where practicable, ListingLogic will notify the Customer and allow a reasonable opportunity to address the issue.
Campaign dates, forecasts and performance estimates are indicative. Advertising results vary and ListingLogic does not guarantee impressions, clicks, enquiries, leads, listings, sales or other outcomes.
6. Customer lists, audiences, pixels and tracking
Where the Customer uses customer-list audiences, remarketing, conversion APIs, pixels, cookies or similar technologies, it instructs ListingLogic to process and transmit relevant Customer Data to the selected Advertising Platform for matching, delivery, measurement and reporting.
The Customer represents that:
- it is legally entitled to collect, use and disclose the data for those purposes;
- it has provided required notices and obtained required consents;
- the data excludes individuals whose applicable opt-outs must be honoured;
- it will promptly communicate relevant withdrawals, corrections, suppression requests and opt-outs; and
- it will not provide sensitive information or data prohibited by the relevant platform.
Identifiers may be hashed before transmission where supported. Hashing does not necessarily make information anonymous or remove privacy obligations.
ListingLogic may deploy pixels, cookies, tags or conversion technology only where authorised. The Customer remains responsible for its website, consent-management settings and visitor disclosures.
7. Artificial intelligence and automated features
The Service may use AI Features to create or adapt advertising content, recommend audiences or settings, optimise delivery, analyse performance, identify patterns, improve search and digital discovery, generate reports or assist customer support.
The Customer authorises ListingLogic to process Customer Data through AI Features as reasonably necessary to provide the Service. ListingLogic will not permit confidential Customer Data or personal information to train a publicly available or general-purpose AI model unless expressly authorised and appropriate protections apply.
AI outputs may be incomplete, inaccurate or unsuitable. The Customer must apply appropriate human review before relying on or publishing a material output and remains responsible for the accuracy, legality and appropriateness of its campaigns and Content.
ListingLogic does not guarantee any particular placement, ranking, citation or treatment from a search engine, AI assistant or discovery platform.
Unless expressly agreed otherwise, ListingLogic does not use Customer Data to make decisions that produce legal effects or otherwise significantly affect an individual's rights or interests without appropriate human involvement.
8. Fees and payment
8.1 Fees
The Customer must pay the Fees stated in the Platform, Order Form or invoice. Fees may include ListingLogic Fees and Advertising Fees.
ListingLogic may allocate the total campaign Fee between service costs and Advertising Fees as described in the applicable product, proposal or Order Form. Advertising costs may vary with auction conditions, exchange rates, taxes and platform pricing.
Unless stated otherwise, Fees exclude GST and other applicable taxes, duties and levies.
8.2 Upfront and recurring payments
ListingLogic may require a valid payment method and payment in advance. The Customer authorises ListingLogic and its payment provider to charge the nominated method for campaign and subscription Fees, recurring services, approved add-ons, applicable taxes and properly disclosed charges.
The Customer must keep payment details current. Recurring services and charges continue until cancelled in accordance with the Agreement.
8.3 Invoicing
Where invoicing is approved, invoices are due within 14 calendar days unless the Order Form states otherwise.
If an amount remains overdue after notice, ListingLogic may charge reasonable default interest or late fees disclosed in the Order Form or invoice and permitted by law, recover reasonable third-party collection costs, pause campaigns, suspend access or terminate the affected Service under section 16.
The Customer must notify ListingLogic of a genuine invoice dispute before the due date and pay any undisputed amount on time. The parties will work in good faith to resolve the dispute.
8.4 Refunds and advertising commitments
Advertising Fees committed to or spent with an Advertising Platform are non-refundable except where ListingLogic receives a corresponding refund or law requires otherwise.
If ListingLogic cancels a campaign without cause before the relevant Advertising Fee is committed or spent, it will refund or credit the uncommitted amount. Other refunds or credits are available only where agreed or legally required.
8.5 Fee changes
ListingLogic may change Fees for a future renewal or new service on reasonable prior notice. A change will not retrospectively increase Fees for a current Fixed Term unless it results from a tax, government charge, Advertising Platform cost or agreed scope variation.
9. Customer Data and privacy
The Customer retains ownership of Customer Data.
The Customer grants ListingLogic and its providers a non-exclusive, worldwide licence during the term and any reasonable transition or retention period to host, copy, transmit, transform, display and process Customer Data only to provide, secure, support and improve the Service; follow lawful instructions; comply with law and platform requirements; and create aggregated or de-identified analytics that do not reasonably identify the Customer or an individual.
Each party must comply with applicable privacy and data-protection laws. ListingLogic's Privacy Policy explains how it handles personal information and forms part of the Agreement.
Where ListingLogic processes personal information for the Customer, ListingLogic will:
- process it under the Agreement and lawful Customer instructions;
- implement reasonable technical and organisational safeguards;
- restrict access to personnel and providers who require it;
- provide reasonable assistance with privacy requests and notifiable breaches, taking account of the processing; and
- delete or return it after the Service where reasonably practicable, subject to legal, security, backup and retention requirements.
Customer Data may be processed in other countries by authorised providers and Advertising Platforms, as described in the Privacy Policy or service documentation.
10. Intellectual property and content licence
ListingLogic and its licensors retain all rights in the Platform, Service, software, documentation, templates, workflows, methodologies, models, designs and related intellectual property. No rights are granted except those expressly stated.
The Customer retains ownership of its Content and grants ListingLogic a non-exclusive, worldwide, royalty-free licence during the term, and for the reasonable life of campaigns initiated during it, to use, reproduce, adapt, format, distribute, publish and display the Content as necessary to provide the Service.
The Customer represents that it owns the Content or holds all permissions required for ListingLogic and relevant Advertising Platforms to use it.
ListingLogic may use Customer feedback without restriction or payment, provided it does not disclose Confidential Information.
ListingLogic may identify the Customer in ordinary customer lists only with its consent. Detailed case studies, performance claims or testimonials require separate approval.
11. Confidentiality
Each party must protect the other's Confidential Information using at least reasonable care, use it only for the Agreement, and disclose it only to personnel, advisers and providers who need it and are subject to appropriate obligations.
A party may disclose Confidential Information where legally required, provided it gives advance notice where permitted and reasonably assists the other party to seek protective treatment.
These obligations continue after termination.
12. Security, quality and service management
ListingLogic maintains management systems certified to:
- ISO/IEC 27001, the international standard for information security management systems; and
- ISO 9001, the international standard for quality management systems.
The certifications apply within the scope stated on ListingLogic's current certificates. Certification supports, but does not guarantee, security, availability or compliance in every circumstance.
ListingLogic uses reasonable technical and organisational safeguards. The Customer acknowledges that no online system is entirely secure or continuously available.
The Customer must retain source copies of Content and Customer Data required for continuity, compliance or recordkeeping. ListingLogic's backup processes are not a substitute for the Customer's records unless expressly agreed.
13. Service operation and changes
ListingLogic may update or modify the Service as technology, laws, Advertising Platforms and customer requirements evolve.
ListingLogic will not materially reduce the core functionality of a paid Service during a Fixed Term without reasonable notice, except where necessary for law, security, third-party requirements or circumstances beyond its control. If a change materially disadvantages the Customer and no reasonably equivalent alternative is available, the Customer may terminate the affected Service and receive a pro-rata credit for prepaid, unused ListingLogic Fees.
The Service may be unavailable for maintenance, security work, third-party outages or other operational reasons. ListingLogic will use reasonable efforts to minimise material disruption and provide notice of planned maintenance where practicable.
Support requests may be sent to operations@listinglogic.com. The Customer must provide reasonable information and cooperation.
14. Warranties and disclaimers
Each party warrants that it has authority to enter the Agreement.
ListingLogic warrants that it will provide the Service with reasonable care and skill. If it breaches this warranty, it will use reasonable efforts to re-perform or correct the affected Service.
Except for express terms and rights that cannot lawfully be excluded, the Service is provided on an "as available" basis. ListingLogic does not warrant uninterrupted or error-free operation, suitability for every purpose or a particular campaign outcome.
Nothing excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law, New Zealand Fair Trading Act 1986 or New Zealand Consumer Guarantees Act 1993 where applicable.
To the extent legally permitted, the parties agree the Service is acquired for business purposes. Any permitted contracting out of business-to-business statutory guarantees applies only where fair and reasonable.
15. Liability and indemnity
To the maximum extent permitted by law, neither party is liable for indirect, consequential, special or exemplary loss, or loss of profit, revenue, goodwill, anticipated savings or business opportunity, except where such loss forms part of a covered third-party claim.
Subject to the exclusions below, each party's total aggregate liability relating to the Agreement is limited to the ListingLogic Fees paid or payable for the affected Service during the six months before the event giving rise to the claim.
The cap and exclusions do not apply to payment obligations, fraud or wilful misconduct, death or personal injury caused by negligence, infringement or misuse of intellectual property, breach of confidentiality, indemnity obligations or liability that cannot lawfully be limited.
The Customer indemnifies ListingLogic against third-party claims, losses and reasonable costs arising from Customer Data, Content or instructions; the Customer's breach of sections 4, 6 or 10; infringement of third-party rights; or breach of advertising, privacy, anti-spam or consumer law, except to the extent caused or contributed to by ListingLogic's breach, negligence or wilful misconduct.
The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation and allow it to control the defence and settlement. A settlement may not admit fault or impose a non-monetary obligation on the indemnified party without consent.
16. Suspension and termination
16.1 Suspension
ListingLogic may suspend the Service where reasonably necessary because Fees remain overdue after notice, the Customer breaches the Agreement, continued use creates a material security or legal risk, a platform restricts a relevant account or feature, or suspension is legally required.
Where practicable, ListingLogic will give prior notice and an opportunity to remedy the issue and will restore the Service promptly once resolved.
16.2 Term and renewal
The Service begins on the date stated in the Order Form or when first provided. Any Fixed Term and renewal period will be stated in the Order Form.
Unless the Order Form states otherwise, a subscription continues after the Fixed Term month to month. Either party may terminate a month-to-month Service on 30 days' written notice.
If an Order Form provides automatic renewal for a further Fixed Term, ListingLogic will give reasonable advance notice where legally required. Any agreed notice period applies.
16.3 Termination for breach
Either party may terminate the affected Service if the other materially breaches the Agreement and fails to remedy it within 10 business days after written notice, commits an irremediable material breach, or becomes insolvent except as part of a solvent restructuring.
ListingLogic may terminate immediately for unlawful conduct, fraud, deliberate security compromise or repeated material breach.
16.4 Effect of termination
On termination, the Customer must stop using the terminated Service; accrued and undisputed Fees remain payable; committed or spent Advertising Fees remain non-refundable; and each party must return or securely dispose of the other's Confidential Information where reasonably practicable, subject to lawful retention.
ListingLogic may delete Customer Data after a reasonable transition period, subject to legal, backup and security requirements. The Customer must request any export before termination or within 30 days afterwards. ListingLogic may charge a reasonable fee for non-standard extraction or transition assistance.
Provisions intended by nature to continue—including payment, intellectual property, confidentiality, privacy, liability, indemnities and general provisions—survive termination.
17. Changes to these Terms
ListingLogic may update these Terms for changes to law, security, Advertising Platforms, technology or the Service.
ListingLogic will give reasonable notice of a material change by email, through the Platform or another reasonable method. Changes apply from the stated date and will not retrospectively alter an existing claim or payment obligation.
If a material change substantially disadvantages the Customer during a Fixed Term, the Customer may notify ListingLogic within 30 days. If the concern cannot be resolved in good faith, the Customer may terminate the materially affected Service and receive a pro-rata credit for prepaid, unused ListingLogic Fees.
18. General
Entire agreement
The Agreement comprises these Terms, the Order Form, Privacy Policy and documents expressly incorporated by reference. It replaces prior discussions and representations concerning its subject matter, except in the case of fraud.
Assignment
The Customer may not assign the Agreement without ListingLogic's prior written consent, not to be unreasonably withheld. ListingLogic may assign it as part of a merger, reorganisation, financing or sale of the relevant business or assets if the assignee assumes its obligations.
Force majeure
Neither party is liable for delay or failure caused by events beyond reasonable control, excluding payment obligations. The affected party must take reasonable steps to minimise the impact and resume performance.
Notices
Notices must be in writing. Notices to ListingLogic must be sent to operations@listinglogic.com or another notified address. Notices to the Customer may be sent to its recorded account, billing or administrative email.
A notice is treated as received when transmitted unless a delivery-failure notification is received, or on the next business day if sent outside normal business hours in the recipient's location.
Waiver and severability
A waiver is effective only in writing and only for the specific circumstance. If a provision is invalid or unenforceable, it will be read down or severed and the remainder will continue.
Relationship
The parties are independent contractors. The Agreement does not create a partnership, joint venture, employment, fiduciary or agency relationship, except that ListingLogic may act as the Customer's limited agent where expressly necessary to purchase or manage advertising on its behalf.
Third-party rights
A non-party has no right to enforce the Agreement, except a permitted assignee or indemnified party to the extent necessary to receive an indemnity.
Governing law
Unless an Order Form states otherwise, the Agreement is governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of New Zealand courts. This does not prevent urgent interim relief elsewhere or limit mandatory laws applicable to the Customer.
19. Contact
ListingLogic Limited Email: operations@listinglogic.com Business address: 2.1a / 30 Saint Benedict Street, Newton, Auckland, New Zealand