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 in Australia
- •Agency representatives acting under the authority of a licensed agent
- •Authorised administrative staff of a licensed real estate agency
- •This product is for licensed real estate agents only
- •They hold a valid real estate licence issued in Australia and 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
- •BuyFinder reserves the right to request proof of licensure and to suspend or terminate accounts that cannot demonstrate valid licensing
The Platform is designed exclusively for licensed real estate agents in Australia and their authorised representatives. By creating an account and using the Platform, you represent and warrant that you hold a current and valid real estate agent licence in Australia.
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 and Acceptable Use
- •Use the Platform lawfully and only for its intended purposes
- •Provide accurate, complete and up-to-date information
- •Do not misuse communications tools
- •Do not impersonate any person, agency or BuyFinder staff
- •Do not use the Platform for unlawful, misleading or deceptive purposes
- •Share account credentials or allow unauthorised persons to access their account
- •Scrape, crawl or use automated means to extract data from the Platform without BuyFinder's written consent
- •Reverse engineer, decompile or attempt to access Platform source code
- •Conduct security or penetration testing of the Platform without BuyFinder's prior written consent
- •Upload or transmit malware, viruses or any disruptive or harmful code
- •Send bulk, automated or unsolicited messages through Platform communications tools
- •Attempt to circumvent access controls, usage limits or billing mechanisms
- •Use the Platform to collect or process personal information in breach of applicable privacy law
Users agree that they:
Prohibited conduct — users must not:
Users remain solely responsible for all content, communications, and agreements they create or send using the Platform.
8. Account Security
- •Keep passwords and one-time verification codes confidential
- •Not share account access with any other person
- •Take reasonable steps to prevent unauthorised access to their account
- •Notify BuyFinder immediately at admin@buyfinder.com.au if they suspect unauthorised access or any security breach
Users are responsible for maintaining the confidentiality of their account credentials and for all activity that occurs under their account.
Users must:
BuyFinder will not be liable for any loss or damage arising from unauthorised account access where the user failed to take reasonable precautions or failed to notify BuyFinder promptly upon becoming aware of the issue.
9. 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.
10. Electronic Signatures
- •Your full name and email address
- •The date and time of signing (UTC)
- •Your IP address at the time of signing
- •A one-time SMS verification code (OTP) confirming possession of your registered phone number
- •A cryptographic hash of the document content at the time of signing
The Platform facilitates electronic signing of Conjunction Agreements and other documents between users.
Validity
Electronic signatures applied through the Platform constitute valid and binding signatures under the *Electronic Transactions Act 1999* (Cth) and applicable state and territory electronic transactions legislation, provided the signatory has capacity to contract and has consented to signing electronically.
What is recorded
When you sign a document through the Platform, the following are recorded and associated with your signature:
Identity verification
Prior to signing, you must verify your identity via a one-time code sent to your registered phone number. By completing this verification, you confirm you are authorised to sign the document on behalf of yourself or the entity you represent.
Consent
By proceeding to sign electronically, you consent to the use of electronic signatures and acknowledge that your electronic signature has the same legal effect as a handwritten signature.
No guarantee of enforceability
BuyFinder facilitates the signing process and maintains audit records, but does not certify, adjudicate, or guarantee the legal enforceability of any agreement. Users are encouraged to obtain independent legal advice if required.
11. 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.
**Note on conjunction agreement records:** The above disclaimer applies to BuyFinder's role as platform operator and does not limit the evidentiary weight that platform records may carry between the parties under a separately executed conjunction agreement.
12. Fees and Payments
Fee structure
The fee for publishing a listing on the BuyFinder platform is a one-time, per-listing fee as displayed at the time of purchase. There is no ongoing subscription unless otherwise stated on the Platform.
Payment processing
Payments are processed by Stripe. By completing a purchase you also agree to Stripe's terms of service. BuyFinder does not store payment card details.
Non-refundable
Fees are non-refundable once payment is processed, except where required by the Australian Consumer Law or other applicable law. BuyFinder does not guarantee any outcome, sale or commission result from publication.
Suspension and termination
If access is suspended or terminated for breach of these Terms, no refund will be issued for fees already paid. If BuyFinder terminates access for reasons unrelated to user breach, BuyFinder will consider a pro-rata refund at its discretion.
13. Privacy and Data Handling
- •Comply with the Privacy Act 1988 (Cth) and any applicable state privacy legislation
- •Have a lawful basis for collecting and sharing that information
- •Not upload personal information for any purpose other than facilitating the transaction for which it was collected
BuyFinder's handling of personal information
BuyFinder collects, uses and discloses personal information in accordance with its Privacy Policy, available at buyfinder.com.au/privacy. The Privacy Policy forms part of these Terms and users should read it carefully.
Third-party providers
The Platform uses third-party service providers including Stripe (payments), Twilio (SMS), Firebase (data storage and authentication) and others. These providers may process personal information outside Australia. By using the Platform, users consent to personal information being handled by these providers in accordance with their respective privacy policies.
Users' privacy obligations
When uploading, transmitting or processing personal information about buyers, vendors or third parties through the Platform, users must:
14. Service Availability
- •Take the Platform offline for scheduled maintenance, upgrades or emergency repairs
- •Experience unplanned outages due to third-party infrastructure, hosting or integration failures
- •Modify, suspend or discontinue features or functionality with reasonable notice where practicable
The Platform is provided on an "as available" basis. BuyFinder does not warrant that the Platform will be available continuously, free from errors, or free from interruptions.
BuyFinder may:
BuyFinder will endeavour to provide reasonable notice of planned maintenance where this is likely to cause material disruption, but does not guarantee any minimum level of platform availability or uptime.
Unavailability of the Platform does not, by itself, give rise to a right to refund or compensation.
15. 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:
16. 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.
17. Suspension and Termination
- •Creates an active security risk to the Platform or other users
- •Is suspected of fraud, impersonation or criminal conduct
- •Is engaged in activity that is or may be unlawful
- •Transmits malware or attempts to compromise Platform integrity
- •Agreements already executed between users through the Platform prior to termination
- •Rights already accrued under those agreements
- •BuyFinder's rights to recover outstanding amounts
Immediate suspension (no notice required)
BuyFinder may suspend or restrict access immediately, without prior notice, where a user:
Suspension with notice
For other breaches of these Terms, BuyFinder will endeavour to give the user reasonable written notice and an opportunity to remedy the breach before suspending or terminating access, except where the breach cannot be remedied.
Effects of termination
Termination does not affect:
BuyFinder may remove content, pause communications tools, or require verification before restoring access.
18. 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:
19. Variation and Notice
BuyFinder may update these Terms by notice on the Platform or by email.
For material adverse changes, BuyFinder will endeavour to give at least 14 days notice before the changes take effect. For other changes, 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).
20. Intellectual Property
BuyFinder's IP
All Platform software, branding, content and underlying technology (excluding user-generated content) remains the property of Buyfinder Australia Pty Ltd. Users are granted a limited, non-exclusive, non-transferable licence to use the Platform for its intended purposes.
User content licence
By uploading or transmitting content through the Platform, users grant BuyFinder a non-exclusive, royalty-free licence to host, store, transmit and process that content to the extent necessary to operate the Platform and provide the services. This licence does not give BuyFinder the right to use user content for marketing or other purposes without consent.
21. Dispute Resolution
- •Written notice: the party raising the dispute must give written notice to the other party describing the dispute in reasonable detail
- •Negotiation: both parties must attempt to resolve the dispute by good faith negotiation within 10 business days of that notice
- •Mediation: if the dispute is not resolved by negotiation, either party may refer it to mediation administered by the Resolution Institute (or a successor body) before commencing court proceedings
Before commencing any legal proceedings, parties must attempt to resolve disputes in good faith by following these steps:
Nothing in this clause prevents either party from seeking urgent interlocutory relief.
22. 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