SaleMate – Payment Terms and Conditions (Australia)

Effective Date: 1 July 2025

The Payment Terms and Conditions govern the financial relationship between you and SaleMate. By initiating, receiving, or facilitating any payment through a SaleMate branded website, application, or related service, you acknowledge that you have read, understood, and agree to be bound by these terms. Where you engage a third-party service provider and make payments through the platform, a separate contractual relationship is formed between you and that service provider, and SaleMate acts solely as a payment intermediary unless expressly stated otherwise.

PART A: KEY PRINCIPLES

• SaleMate facilitates a range of real estate-related transactions through its digital platform, including listing services, agency packages, property auctions, and access to third-party providers. Many of these services involve the collection, processing, and disbursement of payments. These Payment Terms and Conditions govern how such payments are handled and outline your rights, obligations, and liabilities in connection with financial transactions made through the platform.

• By initiating or receiving payments via SaleMate, whether as a vendor, buyer, service provider, or other participant, you agree to comply with all applicable pricing structures, billing practices, and refund policies. You are responsible for ensuring the accuracy of your payment details, the legality of any transaction you undertake, and your compliance with taxation or reporting obligations under law.

• SaleMate may facilitate payment processing through third-party providers, escrow arrangements, or integrated invoicing features. Unless otherwise stated, SaleMate is not a party to the underlying transaction and does not hold deposit monies or guarantee the fulfilment of services or property transfers. Where escrow functionality is offered (such as during auctions), it is administered through external providers subject to their own terms.

• You acknowledge that SaleMate may charge service fees, commissions, or transaction costs for use of the platform’s features. These charges will be disclosed prior to payment and are non-refundable unless stated otherwise or required by law. Subscriptions and recurring services may be automatically billed unless cancelled in accordance with the terms.

• All users are expected to act in good faith, avoid fraudulent conduct, and not misuse the payment system to circumvent platform processes. SaleMate reserves the right to suspend accounts, withhold payments, or take enforcement action in cases of non-payment, chargeback abuse, or prohibited activity.

• This agreement forms part of the broader legal relationship between you and SaleMate. You are encouraged to read the full Payment Terms and Conditions carefully before using any paid services or making financial commitments through the platform.

PART B: TERMS AND CONDITIONS

1. SCOPE AND APPLICATION

1.1. Unless otherwise agreed in writing by an authorised representative of SaleMate Pty Ltd (ACN 683 043 147) (SaleMate), these Payment Terms and Conditions (Payment Terms) apply to all payments, transactions, billing arrangements, and monetary dealings conducted through or facilitated by any SaleMate branded website, mobile application, or related services (collectively, the Platform).

1.2. By accessing or using the Platform, initiating or receiving a payment, purchasing a Product, subscribing to a paid service, engaging a Third-Party Service provider, or participating in an auction:
a) you confirm that you have read, understood, and considered the implications of these Payment Terms;
b) you agree to be bound by these Payment Terms, including the pricing, billing, refund, and dispute terms herein; and
c) you warrant that you are legally authorised to make or receive payments using the method(s) provided and, where applicable, are acting with the authority of the relevant account holder.

1.3. These Payment Terms form part of the Agreement between you and SaleMate and take effect on the earlier of:
a) the date you first make or receive a payment via the Platform;
b) the date you first access or use any paid functionality of the Platform; or
c) the date you enter into a separate written agreement with SaleMate referencing these Payment Terms.

2. GENERAL TERMS

2.1. These Payment Terms govern the legal relationship between the parties regarding all legal issues, rights, obligations, and disputes arising from or relating to:
a) your making or receiving of payments through the Platform;
b) any fees, subscriptions, escrow arrangements, or third-party service payments processed via the Platform;
c) your access to and use of any paid features or services offered by SaleMate; and
d) any prior or superseded payment-related terms, conditions, or arrangements between the parties relating to the same subject matter.

2.2. These Payment Terms contain the full and complete understanding and agreement between the parties with respect to payment, billing, and financial matters, and supersede all prior and contemporaneous understandings or agreements, whether oral or written. Nothing in these Payment Terms grants either party authority to legally bind the other except as expressly stated herein.

2.3. Neither party will be liable to the other, or to any third party, for any failure or delay in the performance of its obligations under these Payment Terms where such failure or delay is caused by circumstances beyond its reasonable control.

2.4. Each party acknowledges and agrees that it has entered into these Payment Terms without relying on any representation, statement, or warranty (whether oral or written) made by or on behalf of the other party, except as expressly set out herein.

2.5. These Payment Terms should be read in conjunction with the SaleMate Terms of Use, which collectively form the Agreement governing your relationship with SaleMate regarding your use of the Platform. Any matters relating to dispute resolution, assignment, notices, variation, rights and remedies, jurisdiction, or interpretation not expressly addressed in these Payment Terms will be governed by the corresponding provisions of the Terms of Use. In the event of any inconsistency, these Payment Terms will prevail solely in respect of payment and financial matters.

3. USER WARRANTIES AND REPRESENTATIONS

3.1. By using the Platform to initiate, receive, or otherwise participate in any payment transaction, you represent and warrant that you have the full legal capacity and authority to enter into and comply with these Payment Terms. You warrant that all payment information provided by you is accurate, complete, and lawfully obtained, and that you are duly authorised to use the nominated payment method, including credit or debit cards, bank accounts, or other instruments linked to your account.

3.2. Where you act on behalf of another person or entity (such as in your capacity as an agent, representative, or account administrator) you warrant that you are authorised to bind that party in respect of the transaction. You further warrant that any property or services listed or offered for payment through the Platform comply with all applicable laws, including those governing property, taxation, and financial services, and that you hold all necessary licences, registrations, or authorisations required under such laws.

3.3. You agree not to engage in, or attempt to engage in, any fraudulent activity, unauthorised transaction, money laundering, or use of the Platform for unlawful or prohibited purposes. You also warrant that you will comply with all applicable taxation and reporting obligations in connection with payments received or made through the Platform. These warranties are deemed to be made by you each time you use the Platform to process or facilitate a payment.

4. USER ACKNOWLEDGEMENTS

4.1. You acknowledge and agree that SaleMate operates as a technology platform and, unless expressly stated otherwise, is not a party to transactions involving the payment for goods, services, or property facilitated via the Platform. While SaleMate may facilitate payment collection and remittance between users, or between users and third-party service providers, it does not hold or manage deposit funds and is not a custodian of user monies. Where the Platform provides escrow functionality, SaleMate’s involvement is limited to administering the technical process through a third-party escrow provider.

4.2. You acknowledge that SaleMate makes no representations or guarantees in relation to the performance, delivery, or outcome of any service, property, or transaction facilitated through the Platform, including those involving third-party providers. You further acknowledge that SaleMate has no control over, and bears no responsibility for, delays, interruptions, or failures in payment processing that arise from external financial institutions, gateways, regulatory authorities, or user error.

4.3. You are responsible for reviewing and understanding all transaction-related charges that may apply, including but not limited to processing fees, surcharges, or platform service fees. You accept that SaleMate may suspend, withhold, or reverse a transaction where it reasonably suspects fraud, unauthorised activity, or breach of these Payment Terms. You remain solely responsible for complying with any applicable tax obligations resulting from your use of the Platform and the receipt or disbursement of funds through it.

5. FEE STRUCTURE AND PRICING

5.1. SaleMate may charge service fees in connection with the use of the Platform, including fees applicable to listing, promotion, transaction processing, service subscriptions, or optional features. The applicable fees, pricing tiers, and payment schedules will be clearly communicated at the point of purchase or engagement and may vary depending on the type of user, the nature of the service, and the level of functionality selected.

5.2. Unless stated otherwise in writing, all fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), which will be applied in accordance with applicable law. SaleMate reserves the right to introduce new fees or modify existing fees by providing reasonable notice through the Platform or via email. Continued use of the relevant service after such notice constitutes your agreement to the updated pricing.

5.3. Some fees are one-off and payable upfront, while others may be charged on a recurring or usage-based basis. Where a recurring fee applies, it will be automatically charged to your nominated payment method unless cancelled in accordance with the applicable cancellation terms. You acknowledge that failure to pay fees when due may result in suspension or restriction of your access to certain Platform features or services.

5.4. Any promotional offers, discounts, or fee waivers are offered at SaleMate’s discretion and may be subject to conditions or time limitations. SaleMate may withdraw or amend such offers at any time without liability. All fees paid are non-refundable unless otherwise stated in these Payment Terms or required by law.

6. BILLING, INVOICING, AND RECEIPTS

6.1. SaleMate will issue invoices for any payable amounts in accordance with the relevant service package or transactional arrangement entered into via the Platform. Invoices will be made available to you via your registered account or sent to your nominated email address, and will set out the fees charged, any applicable taxes, and the payment due date.

6.2. You are responsible for ensuring that your billing and contact details remain accurate and up to date at all times. SaleMate is not liable for any delay or failure to deliver invoices or receipts arising from your failure to provide correct or current information.

6.3. Receipts for successful payments will be issued automatically following confirmation of payment. These may be accessed via your user account or emailed to the address provided at the time of payment. Where payment is made through a third-party gateway, the timing and format of receipts may be subject to that provider’s terms and technical processes.

6.4. If you believe there is an error or discrepancy in any issued invoice or receipt, you must notify SaleMate in writing within 7 days of issue. Failure to do so may be deemed an acceptance of the accuracy of the relevant invoice or receipt.

6.5. SaleMate reserves the right to correct any billing errors or omissions, including those resulting from system errors, miscalculations, or incorrect application of discounts. Where such corrections result in an amount being payable, you will be notified and provided with an updated invoice and reasonable time to rectify the balance.

7. ACCEPTED PAYMENT METHODS

7.1. All pricing and billing arrangements are made available on the Platform or via a provided order summary. All payments must be made in AUD, unless stated otherwise. SaleMate is not liable for any losses or discrepancies arising from currency exchange rates or cross-border transactions.

7.2. Payments on the Platform must be made using the methods expressly approved by SaleMate, which may include credit cards, debit cards, bank transfers, third-party payment gateways, or other digital payment methods as specified from time to time.

7.3. SaleMate reserves the right to modify or restrict accepted payment methods at its sole discretion, including discontinuing support for a particular payment method or imposing conditions or limits on its use. Any such changes will be published on the Platform or communicated to you directly where reasonably practicable.

7.4. Where payment is facilitated through a third-party payment processor, your use of that payment method will be subject to the terms and conditions of the applicable third-party provider. SaleMate accepts no responsibility for any errors, delays, or interruptions arising from such third-party services.

7.5. You acknowledge that any applicable merchant fees, currency conversion charges, or international transaction costs may be charged by your payment provider and are your sole responsibility.

8. SUBSCRIPTION AND RECURRING PAYMENTS

8.1. Where you subscribe to a recurring service or membership plan via the Platform, you authorise SaleMate to charge your nominated payment method at the intervals specified at the time of subscription (e.g. monthly or annually), until such time as the subscription is cancelled or terminated in accordance with these terms.

8.2. All recurring charges will be billed in advance of the applicable service period. You are responsible for ensuring that your payment details remain current and valid throughout the subscription term. SaleMate is not responsible for any interruption to services caused by failed or declined payments.

8.3. You may cancel your subscription at any time by following the cancellation procedure outlined on the Platform. Where cancellation occurs before the end of a prepaid billing cycle, access to the relevant features will continue until the end of that cycle, unless otherwise stated. No refunds will be provided for partial billing periods unless required by law or agreed in writing.

8.4. SaleMate reserves the right to modify its subscription offerings, billing cycles, or pricing structure upon reasonable notice to users. Any changes will take effect from the start of your next billing cycle, provided you have been given at least 30 days’ notice. Continued use of the subscription service after notice constitutes your acceptance of the changes.

9. ESCROW PAYMENTS FOR AUCTIONS

9.1. Where an auction is conducted via the Platform, SaleMate may facilitate escrow payment arrangements through a third-party escrow provider, as disclosed at the time of auction or settlement. SaleMate does not hold deposit funds and is not the custodian of escrow monies.

9.2. By participating in an auction that involves escrow, you acknowledge and agree that any payments required as part of the escrow process must be made in accordance with the terms and conditions of the designated escrow service provider. You must review and accept the applicable terms of that provider before proceeding with payment.

9.3. SaleMate bears no responsibility or liability for the holding, disbursement, or refund of any escrow funds, which are managed exclusively by the third-party provider. Any disputes in relation to escrow funds must be resolved directly with the provider in accordance with their procedures.

9.4. SaleMate may receive notification from the escrow provider confirming when funds are received, cleared, or released for settlement purposes. This information is used to coordinate timing and documentation only, and does not constitute control or possession of the funds by SaleMate.

10. PAYMENTS TO THIRD-PARTY SERVICE PROVIDERS

10.1. The Platform may allow you to engage Third-Party Service providers for a variety of real estate-related services, such as conveyancing, inspections, photography, or trades. Unless expressly stated otherwise, SaleMate is not a party to any agreement between you and the Third-Party Service provider, and does not guarantee or endorse the performance of any such services.

10.2. Where payment to a Third-Party Service provider is facilitated through the Platform, SaleMate acts solely as an intermediary for the limited purpose of transmitting funds. In such cases, SaleMate may receive payment from you on behalf of the service provider and disburse it accordingly, but does not retain the funds for any longer than reasonably necessary to complete the transaction.

10.3. You acknowledge and agree that:
a) you are entering into a separate contractual relationship with the selected Third-Party Service provider;
b) you remain solely responsible for evaluating the suitability, qualifications, and performance of the service provider; and
c) any payment disputes, refund requests, or service complaints must be directed to the service provider directly and resolved in accordance with their terms.

10.4. SaleMate may, at its discretion, provide a rating or review system for Third-Party Services, but does not warrant the accuracy or completeness of such reviews and is not liable for any loss arising from your reliance on them.

11. REFUNDS AND CANCELLATIONS

11.1. All payments made through the Platform are final and non-refundable unless:
a) required by applicable law;
b) expressly stated otherwise in the relevant product or service description; or
c) authorised by SaleMate or a Third-Party Service Provider in their sole discretion due to exceptional circumstances.

11.2. If you wish to request a refund or cancel a service, you must notify SaleMate in writing as soon as possible, including relevant details such as the transaction reference, reason for cancellation, and supporting documentation. SaleMate will assess the request in good faith but makes no guarantee that a refund will be provided unless mandated by law.

11.3. Where the payment relates to a Third-Party Service provider, SaleMate will, where appropriate, refer your request to the relevant provider. You acknowledge that the availability of refunds or cancellations for Third-Party Services is subject to the individual provider’s terms and policies.

11.4. Subscription-based services may be cancelled at any time, but any fees already paid will not be refunded for the remaining duration of the billing period unless otherwise stated. It is your responsibility to cancel a subscription before the next renewal date if you do not wish to incur further charges.

11.5. Refunds, if approved, will be processed to the original payment method, unless otherwise agreed. Processing times may vary depending on your financial institution and the nature of the transaction.

12. TAXES AND GST

12.1. All fees, charges, and payments quoted or processed through the Platform are, unless expressly stated otherwise, inclusive of GST as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

12.2. You are responsible for determining and meeting any tax obligations that apply to you in connection with your use of the Platform, including but not limited to income tax, GST, stamp duty, or capital gains tax. SaleMate does not provide tax advice and recommends that you seek independent professional advice regarding your individual tax obligations.

12.3. Where SaleMate is required by law to collect or remit taxes on behalf of any party (including withholding taxes or GST), SaleMate will do so in accordance with applicable legislation. Any such amounts will be clearly identified in your invoice or payment summary.

12.4. If you are registered for GST and using the Platform in the course of your business, you must provide a valid Australian Business Number (ABN) and notify SaleMate if your GST status changes. SaleMate reserves the right to withhold payment or restrict access to services where you fail to comply with these obligations.

13. LATE PAYMENTS AND CHARGEBACKS

13.1. All payments to SaleMate must be made in full and on time in accordance with the payment terms set out in your service agreement or transaction summary. Failure to pay any amount by the due date may result in suspension or termination of your access to the Platform or related services, without prejudice to any other rights SaleMate may have under this Agreement or at law.

13.2. SaleMate reserves the right to apply late payment fees, interest, or administrative charges on any overdue amounts, calculated at the rate prescribed under the Penalty Interest Rates Act 1983 (VIC), from the due date until payment is received in full.

13.3. If you initiate a chargeback or payment dispute through your financial institution without first contacting SaleMate to resolve the matter in good faith, we reserve the right to dispute the chargeback, recover any associated costs, and take further action, including account suspension or legal proceedings. You remain liable for any fees or losses incurred by SaleMate due to improper or unjustified chargebacks.

13.4. If your payment method is declined or a chargeback is received, you must promptly update your payment information and settle any outstanding amounts. SaleMate may refer unpaid amounts to a debt collection agency or law firm, and you agree to bear all reasonable costs incurred in the recovery of such debts, including legal fees.

14. SUSPENSION OR TERMINATION FOR NON-PAYMENT

14.1. SaleMate reserves the right to suspend or terminate your access to the Platform, any active listings, services, or subscriptions, without prior notice, if you fail to make payment of any amounts owing to SaleMate by the applicable due date.

14.2. In the event of non-payment, SaleMate may:
a) suspend your account or restrict your access to specific features;
b) withhold the provision of services, including paid support or agency functions;
c) disable or delist any content or materials you have submitted to the Platform;
d) refuse to process future transactions or renewals until outstanding balances are paid.

14.3. Where services have already been provided, SaleMate remains entitled to recover any unpaid amounts, including interest and collection costs. Suspension or termination under this clause does not limit SaleMate’s rights to pursue any other remedies available under this Agreement or at law.

14.4. You acknowledge that SaleMate bears no liability for any loss, damage, or business interruption arising from the suspension or termination of your account or access due to non-payment.

15. DISPUTES AND RESOLUTIONS

15.1. Disputes arising specifically in relation to payments, billing discrepancies, unauthorised charges, or payment processing errors must be raised with SaleMate in writing within a reasonable time of becoming aware of the issue, and no later than 30 days from the transaction date.

15.2. You agree to cooperate in good faith to resolve any payment-related dispute promptly, including by providing supporting documentation where requested. SaleMate may, at its discretion, temporarily withhold disputed amounts during the resolution process.

15.3. Nothing in this clause limits or modifies the broader dispute resolution procedures set out in the Terms of Use, which continue to apply to all matters arising under or in connection with this Agreement.

16. PROHIBITED ACTIVITIES

16.1. You must not engage in any activity in connection with any payment functionality, transaction, or financial process made available through or facilitated by the Platform that:
a) involves fraud, misrepresentation, or providing false, misleading, or incomplete information, including but not limited to payment credentials, identity, or transaction details;
b) seeks to avoid or bypass platform fees, taxes, escrow arrangements, or SaleMate’s payment processes;
c) involves the manipulation of pricing, bid amounts, or financial terms outside the Platform to gain an unfair advantage or undermine the integrity of the payment system;
d) circumvents or attempts to circumvent SaleMate’s security, verification, or dispute resolution procedures;
e) results in unauthorised access to another user’s payment data, wallet, or financial account;
f) initiates or threatens chargebacks, payment reversals, or refunds in bad faith;
g) uses the Platform to launder money, finance unlawful activity, or breach any applicable financial or anti-terrorism legislation;
h) impersonates any person or misrepresents your relationship with any party, including SaleMate, a vendor, buyer, or service provider;
i) facilitates or promotes the use of unofficial, unverified, or external payment channels for transactions intended to be processed through the Platform;
j) violates any applicable law, regulation, or order relating to payments, including financial services regulation, consumer protection, or tax reporting obligations.

16.2. SaleMate reserves the right to suspend or terminate your access to payment features, delay or withhold disbursements, or notify relevant authorities where it has reason to believe you have engaged in any prohibited activity.

17. LIABILITY AND INDEMNITY

17.1. The limitation of liability and indemnity provisions set out in the SaleMate Terms of Use apply in full to these Payment Terms and Conditions. Nothing in these Payment Terms limits or modifies those provisions, except to the extent expressly stated herein.

18. VARIATION OF TERMS

18.1. SaleMate may amend these Payment Terms at any time by publishing the updated version on the Platform. Continued use of the Platform after publication constitutes acceptance of the amended Terms. Where an amendment is reasonably likely to cause material detriment to your rights, SaleMate will provide at least 30 days’ prior notice by email or platform notification. You may terminate the Agreement during that notice period without penalty.

19. NOTICES

19.1. If you have any questions, concerns, or complaints regarding these Payment Terms or any payment-related issue arising from your use of the Platform, you may contact us by:
a) email to admin@salemate.com.au; or
b) post to Suite 7, Unit 114/22–30 Wallace Avenue, Point Cook, VIC 3030.

19.2. SaleMate takes all payment-related complaints seriously. Upon receiving a complaint, we will acknowledge receipt within a reasonable timeframe and aim to investigate and respond within 30 days. If more time is required, we will notify you accordingly.

19.3. Nothing in this clause limits or modifies the dispute resolution process set out in the Terms of Use, which continues to govern the resolution of all contractual disputes under this Agreement.

20. DEFINITIONS

20.1. Capitalised terms used in these Payment Terms have the same meanings as those given in clause 30 of the SaleMate Terms of Use, unless expressly defined otherwise in these Payment Terms.