1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the BuyFinder platform ("Platform"), operated by Buyfinder Australia Pty Ltd (ACN 696 397 903, ABN 30 696 397 903) ("BuyFinder", "we", "us", "our").
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
2. Platform Role and Scope
- •Act as a real estate agent, broker, representative or transaction intermediary
- •Negotiate or conclude any transaction
- •Determine commission entitlement
- •Determine which user first introduced a buyer
- •Verify authority, identity, instructions, listing rights, property details, buyer details, legal capacity, document authenticity, or regulatory compliance except where expressly stated
- •Hold trust money or client funds
- •Provide legal, financial, tax, compliance or professional advice
- •Certify, adjudicate, validate or guarantee any outcome, record, agreement, entitlement, sale or commission
Platform role
BuyFinder provides software tools for workflow management, communications, document handling, buyer registration recording, offer workflow support and activity logging. BuyFinder is not a participant in the underlying property transaction and does not act on behalf of any buyer, seller, owner, agent or agency.
BuyFinder does not:
All contractual, agency and transaction relationships remain directly between the relevant users and external parties, not with BuyFinder.
3. Eligibility and Professional Responsibility
- •Licensed real estate agents
- •Agency representatives
- •Authorised administrative staff
- •They are responsible for maintaining all required licences
- •They remain fully responsible for compliance with all applicable laws, regulations, and professional obligations
- •Use of the Platform does not alter or transfer those responsibilities
The Platform is intended for use by:
Users acknowledge that:
4. Documents and Templates
- •Are provided for convenience only
- •Are generic in nature
- •May not be suitable for all transactions or jurisdictions
- •Draft documents for users in a legal advisory capacity
- •Warrant suitability for any specific jurisdiction, property type, agency structure or dispute scenario
- •Warrant that electronic execution through the Platform makes a document legally effective in every case
- •Reviewing all documents
- •Ensuring accuracy and completeness
- •Obtaining independent legal or professional advice where required
Any documents, templates, or forms made available on the Platform:
BuyFinder does not:
**BuyFinder recommends** that users obtain independent legal advice before relying on templates for enforceable rights.
Users are solely responsible for:
5. No Legal or Professional Advice
Nothing on the Platform constitutes legal, financial, or professional advice.
BuyFinder does not review, approve, or interpret any agreement executed using the Platform.
6. No Reliance
No reliance
Users acknowledge that the Platform is an administrative and workflow tool only. Users are solely responsible for assessing the appropriateness, legal effect and commercial implications of any communication, agreement, registration, offer, action or omission connected with a transaction.
Users must exercise their own skill and judgment and must not rely on the Platform as legal proof, legal advice, commission adjudication, or definitive evidence of rights.
7. User Responsibilities
- •Use the Platform lawfully
- •Provide accurate information
- •Do not misuse communications tools
- •Do not impersonate others
- •Do not use the Platform for unlawful or misleading purposes
Users agree that they:
Users remain solely responsible for all content, communications, and agreements they create or send using the Platform.
8. Communications (Email, SMS, Outreach)
- •They have all necessary rights, consents, and authority
- •They have obtained any required consent before sending commercial electronic messages
- •Communications comply with applicable spam, privacy, and telecommunications laws
- •Opt-out and consent obligations are satisfied
- •Unsubscribe requests will be honoured
Where the Platform enables email, SMS, or other communications, users represent and warrant that:
**Users must not** send unlawful commercial electronic messages.
BuyFinder may suspend messaging features where misuse is suspected. BuyFinder may monitor platform-level metadata for abuse, security and compliance purposes.
BuyFinder is not responsible for the content or legality of communications sent by users.
9. Audit Trails and Records
- •Are system-generated administrative records only
- •Depend on user inputs, third-party services, device settings, timestamps, connectivity, syncing and platform availability
- •May be incomplete, delayed, inaccurate, duplicated, unavailable or altered by subsequent system events
- •Do not determine legal rights, priority, procuring cause, agency status, introduction source, entitlement to commission, or enforceability of any agreement
Audit trails and records
Any timestamps, logs, execution records, workflow histories or other records generated by the Platform are provided for administrative and informational purposes only. They are not a legal registry, legal proof, certification, adjudication or determination of rights.
These records:
Users must keep their own independent records where required by law or good practice.
10. Fees and Payments
- •Fees are non-refundable
- •BuyFinder does not guarantee results or outcomes
Fees are payable as displayed on the Platform at the time of purchase.
Unless otherwise stated:
11. Limitation of Liability
- •Indirect, incidental, special or consequential loss
- •Loss of profit, commission, bargain, business opportunity or reputation
- •Loss or corruption of data
- •Transaction delay or failure
- •Disputes between users
- •Reliance on templates, records or third-party services
- •Conduct, content or representations of users
- •Legality or enforceability of agreements
- •Authority or capacity of signatories
- •Actions of third-party vendors
- •Availability, outages or delays caused by third-party integrations
- •Fees paid by the claimant to BuyFinder in the 12 months before the event giving rise to the claim, or
- •If no fees were paid, AUD $100
A. Non-excludable rights
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
B. Specific exclusions
To the maximum extent permitted by law, BuyFinder excludes liability for:
C. Platform-service limitation
BuyFinder is not liable for:
D. Liability cap
Where liability cannot be excluded, BuyFinder's total liability is limited to the greater of:
12. Indemnity
- •Breach of these Terms by the user
- •Unlawful, misleading or infringing content or communications by the user
- •Spam, privacy or telecommunications breaches by the user
- •Disputes caused by the user's conduct, representations, documents or instructions
- •Breach of law or third-party rights by the user
Users agree to indemnify and hold BuyFinder harmless from claims, losses, liabilities or expenses arising from:
The indemnity does not apply to the extent the claim is caused by BuyFinder's fraud, wilful misconduct, or non-excludable legal liability.
13. Suspension and Termination
- •Breaches these Terms
- •Uses the Platform unlawfully
- •Is suspected of legal or regulatory breaches
- •Engages in spam or messaging abuse
- •Engages in fraud, impersonation or misrepresentation
- •Creates legal, security or reputational risk
- •Is involved in disputes or conduct that may expose BuyFinder to third-party claims
BuyFinder may suspend or terminate access at its discretion if a user:
BuyFinder may remove content, pause communications tools, or require identity or authority verification before restoring access.
14. Third-Party Services
- •Availability and functionality may depend on those providers
- •BuyFinder does not control third-party terms, privacy practices, outages or service changes
- •Users may need to comply with third-party terms where relevant
The Platform may integrate with third-party providers such as hosting, messaging, e-signing, analytics and payment processors.
Users acknowledge that:
15. Variation and Notice
BuyFinder may update these Terms by notice on the Platform or by email. Continued use of the Platform after notice constitutes acceptance of the updated Terms, except where law requires something more specific (such as express consent for material changes).
16. Intellectual Property
All Platform software, branding, and content (excluding user-generated content) remains the property of Buyfinder Australia Pty Ltd.
Users are granted a limited, non-exclusive licence to use the Platform.
17. Governing Law
These Terms are governed by the laws of Queensland, Australia.
The courts of Queensland have exclusive jurisdiction.
Platform Disclaimer
BuyFinder is a technology platform only.
BuyFinder does not act as a real estate agent, broker, legal adviser, or intermediary.
Any agreements, communications, or transactions facilitated using the platform are entered into solely between users.
Users are responsible for reviewing and ensuring the legality, accuracy, and enforceability of any documents they execute.
Questions about these terms?
If you have any questions about these Terms and Conditions, please contact us.
admin@buyfinder.com.auBuyfinder Australia Pty Ltd · ACN 696 397 903 · ABN 30 696 397 903