Terms of Service

1. Acceptance of Terms

By creating an account and accessing the Companion Pro platform, you agree to be bound by these Terms of Service in their entirety. If you do not agree with any part of these terms, you must not create an account or use the platform. These terms form a binding agreement between you and Companion Pro.

2. Eligibility — Real Estate Professionals Only

Access to Companion Pro is restricted to licensed real estate professionals. By subscribing, you represent and warrant that:

• You are a licensed real estate agent or property manager holding a current licence issued under the Property Occupations Act 2014 (Qld) or the equivalent legislation in your jurisdiction;
• You are employed by or act on behalf of a licensed real estate agency;
• Your licence is in good standing and has not been suspended, cancelled, or subject to conditions that would prevent you from operating as a real estate agent; and
• You will notify Companion Pro immediately in writing if your licence status changes for any reason, including suspension, cancellation, or expiry.

Companion Pro reserves the right to suspend or terminate your account immediately upon becoming aware that you no longer hold a current and valid real estate licence.

3. Description of Service

Companion Pro is a digital platform that enables licensed real estate agents to collect, manage, and respond to property offers submitted by buyers. The platform provides tools for offer management, buyer communication records, listing administration, and performance analytics. Companion Pro is not a licensed real estate agency and does not provide real estate, legal, financial, or property advice of any kind. The platform does not act as an agent in any transaction facilitated through it.

4. Subscriber Accounts

You are responsible for maintaining the strict confidentiality of your login credentials. You must not share your account credentials with any other person. You are solely responsible for all activity that occurs under your account, whether or not authorised by you. You must notify Companion Pro immediately if you become aware of any unauthorised access to or use of your account. Companion Pro accepts no liability for any loss or damage arising from your failure to maintain the security of your account credentials.

5. Subscription and Payment

Subscriptions are billed monthly in advance at the rate current at the time of your signup or as otherwise agreed in writing. Payments are processed securely through Stripe. By providing payment details, you authorise Companion Pro to charge the applicable subscription fee on a recurring monthly basis. Subscriptions may be cancelled at any time from your account settings, with cancellation taking effect at the end of the then-current billing period. No refunds are provided for partial months. Companion Pro reserves the right to change subscription pricing with 30 days written notice to subscribers.

6. Buyer Data — Obligations and Restrictions

In using the Companion Pro platform, you will collect and have access to personal information submitted by buyers. You acknowledge and agree that:

• You will only use buyer personal information for the purposes set out in the Companion Pro Buyer Privacy Policy, which forms part of these terms by reference;
• You will handle all buyer personal information in strict compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any other applicable privacy or data protection laws;
• You will not use buyer personal information for direct marketing purposes without first obtaining the buyer's express consent in accordance with the Spam Act 2003 (Cth);
• You will store all buyer information securely and take all reasonable steps to protect it from unauthorised access, disclosure, alteration, or destruction;
• You will not share buyer personal information with any third party other than as expressly permitted under the Buyer Privacy Policy or as required by law; and
• You will promptly notify Companion Pro if you become aware of any actual or suspected unauthorised access to or disclosure of buyer personal information.

A breach of this section is considered a material breach of these Terms and may result in immediate account termination.

7. Compliance with Real Estate Laws

You agree to use the platform at all times in accordance with the Property Occupations Act 2014 (Qld), the Real Estate Industry Award, and all other applicable real estate legislation, regulations, and professional codes of conduct. You must not use the platform in any way that would constitute a breach of your professional obligations as a licensed agent, including obligations relating to disclosure, fair dealing, and the handling of offers on behalf of vendors.

8. No Misrepresentation

You must not misrepresent the role or nature of the Companion Pro platform to buyers, vendors, or any other party. In particular, you must not represent to buyers that the platform itself is a licensed real estate agency, that offers submitted through the platform are legally binding, or that Companion Pro provides any guarantee regarding the outcome of any offer or negotiation. You are solely responsible for all representations you make to buyers and vendors in connection with your use of the platform.

9. Non-Binding Offers

Offers submitted through the Companion Pro platform by buyers are expressions of interest only and are not legally binding on any party. A binding contract of sale is only formed when a formal written contract has been signed by all parties in accordance with applicable law. You acknowledge that it is your professional responsibility to ensure that buyers and vendors understand the non-binding nature of offers submitted through the platform.

10. Acceptable Use

You agree not to use the platform to:

• Violate any applicable law or regulation;
• Enter false, misleading, or fraudulent information into the platform;
• Infringe on the intellectual property or other rights of any third party;
• Attempt to gain unauthorised access to any part of the platform or its underlying systems;
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the platform; or
• Use the platform for any purpose other than the legitimate management of property offers in the course of your real estate practice.

11. Indemnity

You agree to indemnify, defend, and hold harmless Companion Pro, its directors, employees, contractors, and agents from and against any and all claims, demands, losses, costs, damages, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the platform;
• Your breach of any provision of these Terms;
• Your breach of any applicable law, including privacy and real estate legislation;
• Any misrepresentation made by you to a buyer, vendor, or third party; or
• Any claim by a buyer or vendor arising from your handling of their personal information or from the conduct of any transaction facilitated through the platform.

12. Limitation of Liability

The platform is provided on an "as is" basis without warranties of any kind, whether express or implied. Companion Pro does not warrant that the platform will be uninterrupted, error-free, or free of viruses or other harmful components. To the maximum extent permitted by law, Companion Pro accepts no liability for any loss or damage — including loss of revenue, loss of data, loss of opportunity, or any indirect or consequential loss — arising from your use of or inability to use the platform, the outcome of any offer or negotiation conducted through the platform, or any reliance on information provided through the platform. Where liability cannot be excluded by law, our total aggregate liability to you is limited to the amount you paid in subscription fees in the three months preceding the event giving rise to the claim.

13. Account Suspension and Termination

Companion Pro may suspend or terminate your account immediately and without notice if you breach any material provision of these Terms, including but not limited to obligations relating to buyer data, professional licensing, or acceptable use. Upon termination, your right to access the platform ceases immediately. You remain bound by obligations that by their nature survive termination, including obligations relating to buyer data, indemnity, and confidentiality.

14. Modifications to the Service

Companion Pro reserves the right to modify, update, or discontinue any feature of the platform at any time. Where changes are material, we will provide subscribers with reasonable prior notice. Continued use of the platform following notice of changes constitutes your acceptance of the updated terms or features.

15. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any dispute arising in connection with these Terms or your use of the platform will be subject to the exclusive jurisdiction of the courts of Queensland.

16. Contact

For questions about these Terms, please contact: legal@companionpro.com.au