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Terms of Use

Your Rights and Responsibilities

SaleMate – Terms of Use (Australia)

Effective Date: 1 July 2025

The Terms of Use govern the relationship between you and SaleMate. By accessing or using any SaleMate branded website or application, or by placing an order through such platforms, you acknowledge that you have read, understood, and agree to be bound by these terms. Where you choose to engage a third-party service provider through the platform, a separate contract will be formed between you and that service provider for the provision of the selected services.

PART A: KEY PRINCIPLES

  • SaleMate exclusively owns and operates the SaleMate platform, which facilitates the listing, sale, purchase, and management of real estate. The platform connects vendors, purchasers, and third-party service providers in a centralised digital marketplace. Your use of any SaleMate branded website, application, or related services constitutes your agreement to be bound by these Terms of Use and establishes a binding legal relationship between you and SaleMate. If you do not agree to these Terms, you must not access or use the platform.

  • You agree to use the platform in good faith and in accordance with applicable laws and platform policies. You are solely responsible for the accuracy of any content you provide and for ensuring that your conduct does not infringe the rights of others, mislead users, or disrupt the integrity of the platform.

  • SaleMate is primarily a technology platform. In most cases, SaleMate does not act as a real estate agent and is not a party to property transactions or service agreements between users. However, where a vendor engages SaleMate through certain paid service packages that expressly include real estate agency services, SaleMate may act in the capacity of a licensed real estate agency in accordance with applicable laws and regulations. In all other instances, SaleMate does not provide legal, financial, or professional advice and makes no representations regarding the outcome of any transaction.

  • By submitting content to or through the SaleMate platform (including, but not limited to, property images, written descriptions, or service reviews) you grant SaleMate a royalty-free, worldwide, non-exclusive licence to use, reproduce, publish, adapt, and display such content for any business purpose, including marketing, promotion, and social media distribution.

  • Any information made available via the SaleMate platform, including property data, estimates, or general advice, is provided for informational purposes only and does not constitute legal, financial, valuation, or professional advice. Users are encouraged to seek independent professional advice prior to making any real estate decisions or financial commitments.

  • SaleMate may refer users to third-party service providers (such as conveyancers, building inspectors, photographers, or tradespeople). These referrals are made for convenience only. Where such referrals occur, SaleMate may receive a commission or referral fee. SaleMate does not warrant, endorse, or guarantee the quality or performance of any third-party service and bears no liability for services provided by third parties.

  • SaleMate’s collection and use of personal information is governed by our Privacy Policy. SaleMate may disclose your personal information, including contact details, to insurers, claims processors, regulators, or legal authorities if reasonably necessary to investigate or resolve a complaint, dispute, or suspected unlawful activity involving you and another party.

  • This agreement outlines the fundamental terms under which you may use the SaleMate platform. It includes important provisions regarding intellectual property, user responsibilities, liability limitations, insurance arrangements, and rights of amendment or termination. You are advised to read the full Terms of Use carefully before using 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 Terms of Use (Terms) apply to your access to, use of, purchase of, and/or subscription to any products, services, or features offered via the SaleMate platform (collectively, the Products).

1.2. By accessing or using any SaleMate branded website or mobile application (collectively, the Platform), or by placing an order for any Product, you: a) confirm that you have read, understood, and considered the implications of these Terms; b) agree to be legally bound by these Terms as amended from time to time in accordance with clause 26.1; and c) warrant that you are legally competent to enter into this agreement with SaleMate.

1.3 These Terms form a legally binding agreement between you and SaleMate (Agreement) and take effect on the earlier of: a) the date you first access the Platform; or b) the date you enter into a separate agreement with SaleMate in relation to a Product, and will continue in full force and effect until terminated in accordance with the Agreement.

2. GENERAL TERMS

2.1 This Agreement governs the legal relationship between the parties and applies to all legal issues, rights, obligations, and disputes arising out of or in connection with: a) your access to and use of the Platform; b) any Product you acquire or subscribe to via the Platform; and c) any previous or superseded agreements between the parties relating to the same subject matter.

2.2. This Agreement contains the full and complete understanding and agreement between the parties relating to the subject matter of this Agreement, and this Agreement supersedes all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter of this Agreement. Nothing in this Agreement grants either party the authority to legally bind the other except as expressly provided in these Terms.

2.3. Each party acknowledges and agrees that it has entered into this Agreement 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 in these Terms.

2.4. Neither party shall be liable to the other party, or to any other person, for any failure or delay in the performance of its obligations under these Terms where such failure or delay is caused by events, circumstances, or causes beyond its reasonable control.

2.5. The Key Principles referenced prior to these Terms are provided for informational purposes only and do not form part of this Agreement.

3. RELATIONSHIP BETWEEN THE PARTIES

3.1. Unless expressly stated otherwise in a separate written agreement between you and SaleMate, nothing in this Agreement constitutes or creates a relationship of partnership, joint venture, agency, fiduciary duty, or employment between the parties.

3.2. You acknowledge that, except where you have engaged SaleMate under a specific service package that includes real estate agency services, SaleMate acts solely as a platform provider and technology facilitator. SaleMate is not a party to any agreement entered into between users of the Platform.

3.3 No party has the authority to bind or represent the other party in any way unless expressly authorised in writing under this Agreement or a separate agency agreement.

4. USER WARRANTIES AND REPRESENTATIONS

4.1. All content and materials submitted to the Platform, including listings, media, and descriptions, must be accurate, complete, and not infringe the rights of any third party, including intellectual property rights.

4.2. Where acting as a vendor or on behalf of a property owner, the user must have legal authority to list and sell or lease the property on the Platform, and must hold all required consents or authorisations under applicable law, such as an estate agent licence.

4.3. If SaleMate is engaged under a service package that includes real estate agency services, the user must comply with all laws and regulations applicable to real estate transactions, including disclosure, licensing, and consumer protection requirements.

4.5. Misrepresentation of identity, authority, or role in any transaction conducted via the Platform is prohibited.

5. USER ACKNOWLEDGEMENTS

5.1. Submission of any content to the Platform (including property images, listings, or user-generated content) grants SaleMate an irrevocable, worldwide, perpetual, royalty-free licence to use, reproduce, publish, adapt, modify, and distribute that content for purposes connected with operating and promoting the Platform. This licence survives termination of this Agreement.

5.2. Users are solely responsible for all content submitted to the Platform, including the accuracy of property details, pricing, and compliance with applicable laws and advertising standards. SaleMate acts solely as a publishing platform unless expressly engaged to act as an agent under a separate agreement.

5.3. SaleMate may amend, disable, or remove any content that, in its reasonable discretion, is unlawful, misleading, offensive, or otherwise in breach of this Agreement or any applicable law.

5.4. SaleMate may provide links or referrals to independent third-party service providers, including but not limited to conveyancers, building inspectors, tradespeople, mortgage brokers, photographers, and other professionals (Third-Party Services). You acknowledge that:
a) SaleMate does not warrant, guarantee, or endorse the services or performance of any Third-Party Service;
b) your engagement of any Third-Party Service is solely at your own risk and discretion;
c) any agreement you enter into with a Third-Party Service is between you and that provider, and not with SaleMate; and
d) SaleMate is not responsible for any loss, damage, dispute, or liability arising from or connected to the use of a Third-Party Service, including any negligent or misleading conduct by the provider.

5.5. You further acknowledge and agree that SaleMate may receive a referral fee, commission, or other commercial benefit in connection with referring you to a Third-Party Service. These commercial arrangements do not influence the inclusion or prominence of such referrals, and do not affect the independent status of the Third-Party Service.

5.6. You acknowledge that the Platform may provide access to third-party websites. You agree that:
a) SaleMate makes no representations and accepts no responsibility or liability for any use of, or reliance on, any Third-Party Website, or any content, information, products, or services available through such websites; and
b) your access to and use of any Third-Party Website is subject to the terms and conditions imposed by the operator of that website, which may differ from ours.

5.7. While SaleMate will use reasonable efforts to maintain uninterrupted access to the Platform, it does not guarantee continuous availability or error-free operation. Technical faults, delays, or interruptions may occur.

5.8. These Terms may be varied in accordance with clause 25.1. Where a variation is likely to cause material detriment, at least 30 days’ written notice will be provided. Users may terminate this Agreement in accordance with clause 21 during that notice period if they do not accept the variation.

5.9. SaleMate and its partners may contact users regarding Platform services, updates, or offers via email, SMS, push notification, or other electronic means, unless users opt out where permitted by law.

6. PLATFORM PROVIDERS

6.1. The SaleMate mobile applications and services are made available via third-party platforms and software providers, and your use of these apps is subject to the respective providers’ terms and conditions.

6.2. If you download or access the SaleMate app through the iOS App Store, you acknowledge and agree:
a) These Terms incorporate an end user licence agreement solely between you and SaleMate Pty Ltd–it is not an agreement between Apple Inc. (Apple) and you.
b) SaleMate grants you a non-transferable licence to use the app on any iPhone or iPad that you own or control, in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions.
c) Apple is not responsible for the app or its content and has no obligation to provide maintenance or support services.
d) In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no further warranty obligations.
e) SaleMate is responsible for addressing claims, losses, damages, or costs arising in connection with: (i) product liability; (ii) failure of the app to comply with legal or regulatory requirements; and (iii) claims arising under consumer protection or similar laws.
f) SaleMate is also responsible for defending and resolving any third-party intellectual property infringement claims related to the app or your use thereof.
g) You represent and warrant that you are not: (i) located in a country subject to a U.S. Government embargo, or designated as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this clause and may enforce it against you.

6.3. Your use of Google Maps within the Platform is subject to:
a) The Google Maps End User Additional Terms of Service available at https://maps.google.com/help/terms_maps/; and
b) The Google Privacy Policy available at https://policies.google.com/privacy.

6.4. Use of the SaleMate Platform via these providers constitutes your agreement to comply with the applicable platform terms.

7. USER OBLIGATIONS

7.1. Use of the Platform must comply with all applicable laws, including but not limited to:
a) the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law;
b) the Privacy Act 1988 (Cth);
c) relevant property, fair trading, anti-discrimination, and spam legislation.

7.2. All content submitted, uploaded, or transmitted to the Platform (including property listings, images, videos, reviews, Communications, business names, or branding) must:
a) be accurate, complete, and not misleading or deceptive;
b) not infringe any third party's intellectual property, moral rights, or privacy rights;
c) not contain unlawful, defamatory, obscene, offensive, discriminatory, or otherwise inappropriate material;
d) not impersonate any person or entity or misrepresent your affiliation with any person or entity;
e) not contain viruses, malware, or other malicious code;
f) comply with any content guidelines, Acceptable Use Policy, and editorial standards published by SaleMate from time to time.

7.3. SaleMate staff and users must be treated with respect and courtesy. Threatening, harassing, abusive, or defamatory behaviour is strictly prohibited.

7.4. Account credentials must be kept secure and not shared with unauthorised individuals. Users are responsible for all activity on their account, whether authorised or not.

7.5. Personal information obtained through the Platform may only be used for the specific purpose for which it was provided, and in compliance with the SaleMate Privacy Policy and applicable privacy laws.

7.6. Use of SaleMate’s trademarks or branding requires prior written consent and must not mislead others about any affiliation beyond the ordinary customer–service provider relationship.

8. FEES AND PAYMENT OBLIGATIONS

8.1. Certain features, Third-Party Services, or Products available on the SaleMate Platform may be subject to the payment of fees (Fees), including but not limited to subscription fees, listing upgrades, promotional tools, service bookings, or transaction facilitation charges.

8.2. Your access to paid features or Third-Party Services is conditional on the timely and full payment of all applicable Fees in accordance with this Agreement and SaleMate’s Payment Terms and Conditions.

8.3. All pricing and billing arrangements are made available on the Platform or via a provided order summary. All payments must be made in Australian dollars (AUD), unless stated otherwise.

8.4. SaleMate may vary its pricing, introduce new Fees, or modify billing structures from time to time. If any such change is reasonably likely to cause material detriment to your rights, SaleMate will provide at least 30 days’ notice in accordance with clause 26.1.

8.5. If payment is declined, reversed, or not received, SaleMate may suspend or terminate access to the relevant Third-Party Service or Product until payment is resolved in full.

9. REFUNDS

9.1. Unless required under the Australian Consumer Law or as otherwise set out in SaleMate’s Payment and Refund Policy, all Fees are non-refundable and non-creditable, including in the case of partial use, early termination, or user error.

9.2. SaleMate may, at its sole discretion and on a goodwill basis, offer partial or full refunds where a significant Platform error has prevented delivery of a paid feature.

9.3. Requests for refunds must be submitted in writing within 14 days of the relevant transaction. SaleMate is not required to investigate or resolve refund claims made after this period.

10. TAXES

10.1. All Fees are exclusive of applicable taxes, levies, duties, or charges imposed by law, including goods and services tax (GST), unless otherwise expressly stated.

10.2. You are responsible for paying all applicable taxes related to your use of the Platform, except for taxes based on SaleMate’s net income.

10.3. Where required by law, SaleMate may deduct or withhold taxes from amounts payable to you and provide applicable tax documents or confirmations.

11. WITHHOLDING AND OFFSETS

11.1. SaleMate may withhold any amounts otherwise payable to you if you owe SaleMate any sum under this or another agreement, or if required by law.

11.2. SaleMate may apply such withheld amounts to offset outstanding debts or liabilities, and will notify you where required.

12. COPYRIGHT

12.1. All content, data, images, text, software, scripts, designs, graphics, trademarks, logos, and other materials accessible via the SaleMate Platform (collectively, Content) are the proprietary property of SaleMate or its licensors, and are protected by the Copyright Act 1968 (Cth), international copyright treaties, and other applicable intellectual property laws. Except as expressly permitted under this Agreement or the Copyright Act 1968 (Cth), you must not reproduce, adapt, modify, publish, transmit, distribute, display, perform, sell, license, or otherwise use or exploit any part of the Content for any commercial purpose without the prior written consent of SaleMate or the relevant rights holder. Permission, where granted, is conditional on appropriate attribution to SaleMate or the applicable copyright owner, and any permitted use must not alter the integrity of the material or mislead as to its source. Unauthorised use of any Content may result in civil or criminal liability and SaleMate reserves all rights to enforce its intellectual property rights to the fullest extent permitted by law.

13. INTELLECTUAL PROPERTY

13.1. SaleMate owns all rights, title, and interest (including all intellectual property rights) in and to the SaleMate Platform, all software, tools, features, designs, content, code, and data associated with it, and all materials generated, collected, or compiled by SaleMate (SaleMate Data). Nothing in this Agreement transfers any intellectual property rights to you, except as expressly set out below.

13.2. Subject to your ongoing compliance with this Agreement, SaleMate grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform during the Term solely for the purpose of listing, managing, providing, or purchasing property or Third-Party Services through the Platform. No other rights are granted.

13.3. You must not:
a) reproduce, copy, modify, adapt, translate, publish, lease, sell, license, distribute, or otherwise exploit any part of the SaleMate Platform or SaleMate Data;
b) reverse engineer, decompile, or disassemble any software used in connection with the Platform, except to the extent permitted by law;
c) share, disclose, or make accessible the Platform or SaleMate Data to any third party, except as expressly permitted under this Agreement or required by law.

13.4. You must not use, imitate, or register any name, logo, domain name, slogan, or other mark that is identical or confusingly similar to any of SaleMate’s names, trademarks, service marks, logos, indicia, or copyrighted works (whether registered or unregistered) (SaleMate Marks) without SaleMate’s prior written consent.

13.5. Without limiting clause 13.4, you must not:
a) use any SaleMate Marks in social media handles, app titles, email addresses, business names, or advertising (including keyword advertising such as Google Ads);
b) display any SaleMate Marks on clothing, uniforms, or promotional materials, unless authorised in writing by SaleMate;
c) register, attempt to register, or claim ownership of any domain, handle, profile, or trademark incorporating or resembling SaleMate Marks.

13.6. If you are granted a limited right to use SaleMate Marks, you acknowledge that the rights of an authorised user under section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.

14. PRIVACY, DATA USE AND CONFIDENTIALITY

14.1. SaleMate collects, uses, stores, and discloses personal information in accordance with its Privacy Policy, which is available at https://salemate.com.au/privacy-policy. By accessing or using the Platform or acquiring a Product, you acknowledge and agree that:
a) SaleMate may collect, use, and disclose your personal information as described in the Privacy Policy;
b) SaleMate may use cookies and similar tracking technologies to improve your user experience and deliver personalised content, in the manner described in the Privacy Policy.

14.2. You must comply with all applicable data protection and privacy laws, including the Privacy Act 1988 (Cth) and any other laws relating to the collection, use, disclosure, and storage of personal or sensitive information (Data Protection Laws).

14.3. You may only access or use personal information obtained through the Platform for the limited purpose of fulfilling a legitimate property or service-related request under this Agreement. You must:
a) not retain any personal information for longer than necessary;
b) not use personal information for your own unrelated purposes;
c) not contact users other than through the approved Platform channels unless expressly permitted by SaleMate or required by law;
d) immediately and securely delete or destroy personal information once the relevant service or transaction is complete.

14.4. You must implement and maintain appropriate technical and organisational measures to protect all personal information and confidential data from unauthorised access, modification, disclosure, loss, or misuse.

14.5. If you become aware of or reasonably suspect any unauthorised access to, disclosure of, or interference with personal information or confidential information, you must immediately notify SaleMate and provide all information and cooperation reasonably requested to investigate, mitigate, or resolve the breach.

14.6. In the course of using the Platform, you may be given access to SaleMate’s confidential information or that of its users, partners, or affiliates, including names, contact details, transaction data, property information, or business methods (Confidential Information). You must:
a) maintain the strict confidentiality of all Confidential Information;
b) not disclose Confidential Information to any third party except with prior written consent or as required by law;
c) use Confidential Information only for the purpose of performing obligations under this Agreement;
d) ensure your employees, contractors, or representatives (if any) also comply with these obligations.

14.7. You are solely responsible for maintaining the integrity and confidentiality of your SaleMate account credentials. You must not share login credentials or access tokens with any third party. You remain responsible for any unauthorised use of your account, except where due to SaleMate’s breach.

14.8. You indemnify SaleMate and its Related Entities, officers, employees, and agents against any loss, liability, claim, damage, cost, or expense arising from your breach of this clause, including any unlawful use or disclosure of personal or confidential information.

15. INDEMNITY

15.1. You agree to indemnify, defend (at SaleMate’s option), and hold harmless SaleMate, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all liabilities, losses, damages, costs, claims, demands, and expenses (including reasonable legal fees) arising from or in connection with:
a) your breach of this Agreement or failure to comply with any applicable law;
b) your use of the Platform or provision of any Third-Party Services or property listings facilitated through the Platform;
c) any third-party claims resulting from your acts or omissions, or those of your employees, agents, or subcontractors;
d) any unauthorised use or disclosure of personal or confidential information by you.

15.2. Your liability under this clause will be reduced to the extent SaleMate caused or directly contributed to the relevant liability through its own negligence or misconduct.

15.3. Each indemnity in this clause is a continuing obligation, independent of any other rights or remedies. It survives termination of this Agreement and does not require SaleMate to incur an expense before enforcing it.

16. LIMITATION OF LIABILITY

16.1. To the maximum extent permitted by law, SaleMate and its affiliates are not liable for any:
a) indirect, incidental, special, consequential, exemplary, or punitive damages;
b) loss of profits, income, revenue, data, goodwill, opportunity, or anticipated savings;
c) business interruption or corruption of data; or
d) property damage, whether arising in contract, tort (including negligence), equity, statute, or otherwise, in connection with the use of the Platform, reliance on content, or provision of Third-Party Services or property transactions via the Platform.

14.2. Except as required under applicable consumer laws or otherwise stated in this Agreement, SaleMate’s total aggregate liability to you (for any claim or series of related claims) is limited to the total amount of fees actually paid by you to SaleMate in the six (6) months preceding the event giving rise to the liability.

14.3. Nothing in this clause limits or excludes any liability that cannot be lawfully limited or excluded, including liability under the Australian Consumer Law.

17. INSURANCE

17.1. You are solely responsible for ensuring that you hold and maintain all insurances appropriate to your use of the Platform, including but not limited to:
a) public liability insurance,
b) professional indemnity insurance (if you are offering real estate or related services),
c) contents or home insurance (if you are listing a property for sale or lease), and
d) any other insurance required by law or reasonably necessary in connection with your activities conducted through the Platform.

17.2. SaleMate does not insure you, your property, or any third party for any loss, damage, liability, claim, or expense of any kind, including in relation to transactions, services, or communications made through the Platform. You acknowledge that:
a) SaleMate is not liable for any failure by you or other users to hold adequate insurance; and
b) your use of the Platform and your reliance on or participation in any service or transaction facilitated by the Platform is undertaken entirely at your own risk.

17.3. SaleMate may, but is not obligated to, request evidence of insurance policies held by users. By using the Platform, you agree to provide such evidence promptly upon request.

17.4. You indemnify SaleMate and its Related Entities from any loss, damage, liability, cost, or expense incurred in connection with your failure to obtain or maintain any appropriate insurance.

17.5. If you engage or provide services via the Platform (including but not limited to real estate agents, tradespersons, or consultants), you must ensure that:
a) you have adequate insurance in place to cover any liability arising from your conduct or service provision; and
b) you comply with any additional legal or industry insurance requirements applicable to your service or jurisdiction.

18. RELEASE AND DISCLAIMERS

18.1. The SaleMate Platform and Third-Party Services are provided “as is” and “as available”. SaleMate makes no representations, warranties, or guarantees regarding the reliability, timeliness, suitability, accuracy, completeness, or uninterrupted availability of the Platform, or any listings, Third-Party Services, or other third-party content accessible through it.

18.2. To the fullest extent permitted by law, SaleMate disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

18.3. SaleMate is not responsible for:
a) delays, interruptions, technical errors, or loss of data due to internet issues or Third-Party Services failures;
b) the actions or inactions of other users, vendors, purchasers, or service providers on the Platform;
c) the outcome of any transaction facilitated through the Platform.

19. PROPERTY AND THIRD-PARTY SERVICE DISPUTES

19.1. SaleMate is not responsible for rectifying any errors, omissions, or deficiencies in Third-Party Services provided or property listings published by users of the Platform. Any issues or disputes relating to the performance of a service, the accuracy of a listing, or the conduct of a user must be resolved directly between the parties involved.

19.2. In the event of a dispute or failure relating to a service or property transaction facilitated via the Platform, SaleMate may, at its sole discretion and acting reasonably, withhold, reduce, or deny any payment, credit, listing visibility, or refund associated with the affected listing or service.

19.3. SaleMate may interrupt, restrict, or suspend access to the Platform or to specific features, listings, or accounts at any time in order to:
a) investigate a potential breach of this Agreement or applicable law;
b) prevent harm, fraud, or reputational damage to SaleMate or other users;
c) perform maintenance, updates, or technical upgrades.

20. TERMINATION OR SUSPENSION BY SALEMATE

20.1. Without limiting any other rights or remedies available under this Agreement or at law, SaleMate may immediately terminate this Agreement, suspend your access to the Platform, or temporarily remove any of your listings if:
a) any fees, charges, or subscriptions payable to SaleMate remain unpaid for more than 30 days after the due date;
b) any warranty or representation made under clause 4 is found to be materially incorrect or misleading;
c) you are in material breach of this Agreement (including, without limitation, any conduct prohibited under clause 7.2 or breach of applicable laws referred to in clause 7.1);
d) you are in breach of this Agreement (whether or not the breach is material), and fail to remedy the breach within 7 days of receiving written notice from SaleMate requiring it to be remedied;
e) you become bankrupt or insolvent, enter into liquidation, administration, receivership or any arrangement with creditors, or are otherwise unable to pay your debts as they fall due;
f) if an individual, you die; if a partnership, the partnership is dissolved or subject to an application for dissolution; or if a company, a winding-up application is made or determined.

20.2. If SaleMate:
a) terminates this Agreement under clause 20.1, you remain liable for all outstanding Product or Subscription fees up to the effective date of termination;
b) suspends or removes your listings under clause 20.1, you remain liable for any fees relating to the affected Products, except to the extent a refund is required by law.

20.3. SaleMate may restrict or suspend your ability to create new listings or access certain Platform features if any amount owing remains unpaid for more than 7 days after the due date.

21. TERMINATION BY USER

21.1. You may terminate this Agreement at any time by:
a) deleting your account via the Platform; or
b) providing written notice to SaleMate at admin@salemate.com.au. Termination will take effect once your account is deactivated or we confirm receipt of your notice.

21.2. If you are on a paid plan or subscription, you may terminate this Agreement at any time by:
a) following the cancellation process through the Platform; or b) by providing written notice to SaleMate at admin@salemate.com.au. Termination will take effect at the end of the current billing period unless otherwise required by law. No refunds will be issued for partial periods, except where required by law or SaleMate’s Payment and Refund Policy.

22. EFFECT OF TERMINATION OR SUSPENSION

22.1. Termination of this Agreement, or suspension or removal of listings under clause 20.1, does not:
a) relieve you of your obligation to pay any amounts owing up to the effective date of termination;
b) affect any accrued rights or liabilities of either party, whether arising before or after termination;
c) limit the right of either party to take legal action in respect of any breach of this Agreement.

22.2. SaleMate may, at its sole discretion, decline to enter into a new agreement with any user who has previously had an agreement terminated, suspended, or not renewed due to breach.

22.3. All fees or charges outstanding at the time of termination become immediately due and payable within 30 days of notice of termination.

23. DISPUTE RESOLUTION

23.1. In the event of any dispute arising out of or in connection with these Terms or the provision or use of the Platform or Products, the parties must first use their best efforts to resolve the dispute in good faith and on an informal basis.

23.2. If the dispute is not resolved within 30 days of one party giving written notice of the dispute to the other (or such other period agreed in writing), the dispute must be referred to and finally resolved by arbitration administered by the Resolution Institute, in accordance with the Resolution Institute Arbitration Rules. The decision of the arbitrator will be final and binding on both parties.

23.3. If the parties are unable to agree on an arbitrator, one will be appointed by the Chair of the Resolution Institute (or their delegate).

23.4. Any claims against SaleMate, its Related Entities, officers, employees, contractors, or agents must be brought by you in an individual capacity. Class actions, collective proceedings, or representative actions of any kind are expressly excluded to the maximum extent permitted by law.

23.5. This clause survives termination of this Agreement and remains binding even after the Agreement ends.

24. ASSIGNMENT

24.1. SaleMate may assign or transfer its rights or obligations under this Agreement, in whole or in part, without your prior consent.

24.2. You may not assign or transfer your rights or obligations without SaleMate’s prior written consent.

25. NOTICES

25.1. All notices under this Agreement must be made in writing. Notices to SaleMate must be sent by:
a) email to admin@salemate.com.au; or
b) post to Suite 7, Unit 114/22–30 Wallace Avenue, Point Cook, VIC 3030 (in the case of breach or termination related correspondence).

25.2. Notices to you will be sent to the email address associated with your account or published via the Platform, and will be deemed received upon transmission or publication, as applicable.

26. VARIATION OF TERMS

26.1. SaleMate may amend these 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.

27. RIGHTS AND REMEDIES

27.1. A failure or delay by either party in exercising a right under this Agreement does not constitute a waiver of that right. A partial exercise of any right does not prevent its further exercise.

27.2. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed or read down to the extent necessary, and the remainder of the Agreement will remain in full force and effect.

27.3. Except as expressly provided otherwise in these Terms, the rights, powers, privileges, and remedies conferred upon either party under these Terms are cumulative and not exclusive of any other rights, powers, privileges, or remedies provided at law, in equity, or otherwise.

28. JURISDICTION

28.1. Your use of our Platform, these Terms, our Privacy Policy, and all related legal terms and notices are governed by the laws of Victoria, Australia. By using our Platform, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State.

29. INTERPRETATION

29.1. In this Agreement, unless the context otherwise requires:
a) headings and information boxes are for convenience only and do not affect interpretation;
b) reference to any document includes reference to that document as amended, novated, supplemented, or replaced from time to time; and
c) if an example is given of anything, such as saying it includes something else, the example does not limit the scope of that thing.

29.2. Capitalised terms used in these Terms have the meanings given in clause 30 unless the context requires otherwise.

30. DEFINITIONS

30.1. In this Agreement, unless the context otherwise requires:

Agreement means these Terms of Use, the SaleMate Privacy Policy and all policies, guidelines, notices, and other documents incorporated by reference.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Communications means any text, comment, review, reply, question, or other content submitted or published by a user on discussion boards, community threads, or other interactive features of the Platform that are designed for public or semi-public user engagement and exchange of information.

Confidential Information means all information disclosed by one party to another that is designated as confidential or would reasonably be regarded as confidential, including Personal Data, customer data, technical, financial or commercial information.

Content means all information, data, text, images, graphics, videos, audio, software, code, scripts, documents, designs, databases, trademarks, logos, and other materials or works, whether proprietary to SaleMate or third parties, that are accessible via or contained on the Platform, including any user-submitted content, property listings, service reviews, advertisements, or other material published, transmitted, or stored through the Platform.

Customer means any individual or entity that purchases, subscribes to, or otherwise uses any Products, Third-Party Services, subscriptions, or features made available by SaleMate through the Platform, whether for personal, commercial, or investment purposes.

Data Protection Law means any applicable law, regulation or guidance relating to the processing of Personal Data, including the Privacy Act 1988 (Cth), and any relevant state or territory laws and regulations.

Fees means all fees, costs, charges, and payments due or payable by you under this Agreement or in relation to the use of the Platform or Third-Party Services.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means all present and future rights to intellectual property, including copyrights, trademarks, patents, designs, domain names, trade secrets and any application or right to apply for registration of those rights.

Law means any applicable statute, regulation, by-law, ordinance, rule, judgment, directive, standard or code of conduct issued by any governmental or regulatory authority in any applicable jurisdiction.

Liability means any loss, damage, cost, expense, fine, penalty, charge, or any other liability of any kind (whether actual, contingent or prospective), including any associated legal costs.

Personal Data or Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not and whether recorded in a material form or not, and includes information defined as such under applicable Data Protection Law.

Platform or SaleMate Platform means the digital property platform (including the website, mobile app, and any associated technology) operated by SaleMate Pty Ltd through which Vendors and Customers can engage for property-related transactions and services.

Product means any good, service, feature, subscription, tool, or functionality offered, sold, or made available by SaleMate via the Platform, including but not limited to property listing services, promotional tools, subscription plans, digital features, and third-party service bookings.

Purchaser means a person or entity that seeks property or enters into an agreement to acquire property via the SaleMate Platform.

Related Entity has the meaning given in the Corporations Act 2001 (Cth).

SaleMate means SaleMate Pty Ltd (ACN 683 043 147).

SaleMate Data means all data, content, analytics, metrics, reports, information and other materials, in any form, that are generated, collected, compiled, or derived by or on behalf of SaleMate through the operation of the Platform or the provision of the Services, including any information input or submitted by users, but excluding Your Content.

SaleMate Marks means all registered and unregistered trademarks, service marks, trade names, logos, domain names, business names, branding, and other indicia of origin owned or used by SaleMate or its related entities, including any names, marks, or symbols that are similar to or associated with SaleMate.

Service Failure means any act or omission that results in a material failure to provide Third-Party Services in accordance with the standards or requirements of this Agreement, including cancellation without cause, negligence, or material delay.

Subscription means a paid plan or package offered by SaleMate that provides access to specified Platform features, tools, services, or functionalities for a defined period, subject to applicable fees.

Tax means any tax, levy, duty, charge, impost, contribution or withholding of any kind (including GST), imposed by a government agency or authority, together with any related interest, penalty, fine or other charge.

Term means the period commencing when you first access the Platform or accept these Terms and continuing until the Agreement is terminated in accordance with its terms.

Third-Party Services means any product or service other than those offered by SaleMate which may be referred to, linked to, advertised on, or accessed through the Platform, including but not limited to conveyancers, tradespeople, mortgage brokers, property inspectors, photographers, or other real estate-related service providers.

Third-Party Website means any website that is not owned or controlled by SaleMate, but which may be accessible via a link on the Platform.

User means any individual or entity who accesses or uses the SaleMate Platform, including Vendors, Purchasers, and Third-Party Service providers.

Vendor means a person or entity using the SaleMate Platform to list property or offer Property Services.