1. Acceptance of Terms
These Terms and Conditions ("Terms") govern access to and use of:
- The Property Platform customer website; and
- The Property Platform partner website and portal
(collectively, the Platform).
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. Definitions
Customer means a buyer, seller, landlord or tenant using the Platform.
Partner means an agent, agency, brand, supplier or other approved participant.
Financial Agreement means any commission split, payment arrangement or contractual financial structure recorded within the Platform.
Services means the digital services provided by TPP through the Platform.
3. Nature of the Platform
TPP provides a digital platform that:
- Facilitates property-related services;
- Enables contractual arrangements between parties;
- Calculates, collects and distributes commission payments in accordance with Financial Agreements recorded within the Platform.
TPP is not a real estate agency, financial institution, trustee or escrow agent unless expressly agreed in writing.
4. User Accounts
Users must:
- Provide accurate and complete information;
- Maintain the confidentiality of login credentials;
- Notify TPP immediately of unauthorised access.
TPP may suspend or terminate access if these Terms are breached.
5. Financial Agreements and Commission Administration
5.1 Recording of Financial Agreements
Partners may record commission structures, splits and other Financial Agreements within the Platform.
Users acknowledge:
- TPP relies on the accuracy of information entered by users;
- TPP does not independently verify commission split instructions;
- Users are responsible for ensuring Financial Agreements reflect their contractual intentions.
5.2 Collection of Funds
Where applicable:
- TPP may collect commission or service fees from Customers in accordance with Financial Agreements recorded within the Platform.
- Payments are processed via third-party payment providers.
5.3 Disbursement of Funds
TPP may distribute commission amounts:
- To authorised offices, brands, agents or nominated entities;
- Strictly in accordance with the Financial Agreement recorded within the Platform.
TPP is authorised to rely on the most current Financial Agreement data entered into the Platform.
5.4 Errors in Instructions
TPP is not liable for:
- Incorrect commission splits resulting from user-entered data;
- Delays caused by incorrect banking details;
- Disputes between parties regarding entitlement.
Parties must resolve commission disputes directly between themselves.
6. Payment Processing
Payments may be processed via secure third-party providers.
TPP does not store full credit card numbers unless required for operational purposes and subject to appropriate security safeguards.
Users warrant they are authorised to provide payment details.
7. Fees
TPP may charge fees for access to or use of the Platform. Fees (if applicable) will be disclosed separately in writing or within the Platform interface.
8. User Obligations
Users must not:
- Use the Platform for unlawful purposes;
- Upload false, misleading or fraudulent information;
- Attempt to interfere with system integrity or security;
- Access data not intended for them.
9. Intellectual Property
All intellectual property in the Platform remains the property of TPP.
Users are granted a non-exclusive, non-transferable licence to use the Platform for its intended purpose.
10. Limitation of Liability
To the maximum extent permitted by law:
- TPP excludes all implied warranties not required by law;
- TPP is not liable for indirect or consequential loss;
- TPP's liability is limited to resupplying the Services or refunding fees paid.
Nothing in these Terms excludes rights under the Australian Consumer Law.
11. Data and Privacy
Use of the Platform is subject to TPP's Privacy Policy.
Users consent to the collection, use and disclosure of personal information in accordance with that policy.
12. Suspension and Termination
TPP may suspend or terminate access if:
- A user breaches these Terms;
- There is suspected fraud or unlawful activity;
- Continued access poses a security or regulatory risk.
Termination does not affect accrued rights or outstanding payment obligations.
13. Regulatory Compliance
Users are responsible for ensuring compliance with:
- Real estate licensing obligations;
- Trust account requirements;
- Taxation obligations;
- Any other regulatory requirements applicable to their business.
14. Governing Law
These Terms are governed by the laws of Queensland, Australia.
Parties submit to the exclusive jurisdiction of Queensland courts.
15. Amendments
TPP may update these Terms from time to time. Continued use of the Platform constitutes acceptance of the updated Terms.