Buyer Terms of Service

1. Acceptance of These Terms

By submitting an offer through the Companion Pro platform, you agree to be bound by these Buyer Terms of Service. Please read them carefully before submitting your offer. If you do not agree with any part of these terms, you should not submit an offer through this platform.

2. What Companion Pro Is

Companion Pro is a digital platform that enables buyers to submit expressions of interest in property to real estate agents. Companion Pro is not a real estate agency and does not hold a real estate licence. Companion Pro does not provide real estate, legal, financial, investment, or property advice of any kind. The platform exists solely to facilitate the communication of offer details between a buyer and a listing agent.

3. Non-Binding Nature of Offers

Offers submitted through this platform 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 of sale is prepared and executed by all relevant parties;
• The contract has been signed by all buyers and the vendor; and
• Any required exchange of contracts has occurred in accordance with applicable Queensland law.

Submission of an offer through this platform does not obligate the vendor to accept your offer, enter into a contract, continue negotiations, or give you any priority over other prospective buyers.

4. Due Diligence and Independent Investigation

By submitting an offer, you acknowledge and confirm that:

• You have conducted, or have had a reasonable opportunity to conduct, your own independent due diligence in respect of the property prior to submitting your offer;
• You have either inspected the property personally or have been given a reasonable opportunity to arrange an inspection and have chosen to proceed without one;
• You have not relied solely on information, representations, or statements provided by the listing agent, the agency, or through the Companion Pro platform in forming your decision to submit an offer;
• You have satisfied yourself as to the condition, size, location, zoning, permitted use, and any other characteristics of the property that are material to your decision; and
• You have been encouraged to obtain independent legal, financial, and building and pest inspection advice prior to submitting your offer and have had the opportunity to do so.

5. No Warranty on Property Information

The listing agent and agency make no representation or warranty, express or implied, as to the accuracy, completeness, currency, or reliability of any property information, descriptions, measurements, floor plans, photographs, or other materials provided in connection with the property. All such information is provided for general marketing purposes only and should be independently verified. Photographs, virtual tours, and property descriptions may not reflect the current condition or state of the property.

6. Agent Acts for the Vendor

The real estate agent and agency managing the listing act exclusively on behalf of the vendor (the seller) and not on your behalf. Nothing in these terms or in the conduct of the agent creates a fiduciary relationship or duty of care to you as a buyer. You are strongly encouraged to obtain independent legal representation and financial advice before submitting any offer or entering into any contract.

7. Accuracy of Your Information

You agree that all information you provide in your offer submission is accurate, complete, truthful, and not misleading in any material respect. You must not submit false, fraudulent, or speculative offers with no genuine intention to proceed. Providing materially false information may have legal consequences including potential liability to the vendor and their agent.

8. Vendor Disclosure

By submitting your offer, you consent to receive the Vendor Disclosure Statement and any other required disclosure documents digitally, where applicable under Queensland law. It is your responsibility to read and understand any disclosure documents provided to you.

9. Use of Your Personal Information

Your personal information and offer details will be shared with the listing agent and agency, and where required as part of the offer process, with the vendor. Your information will be handled in accordance with our Buyer Privacy Policy. By submitting an offer you consent to this use of your information.

10. No Guarantee of Outcome

Submitting an offer through this platform does not guarantee that your offer will be accepted, that you will be informed of the existence or terms of any competing offers, that the property will be sold, or that the sales process will be conducted in any particular way. The vendor and their agent retain full and absolute discretion over the conduct of the sale and the acceptance or rejection of any offer.

11. Limitation of Liability

To the maximum extent permitted by law, Companion Pro, its directors, employees, and agents accept no liability whatsoever for any loss, damage, cost, or expense arising directly or indirectly from your use of this platform, the submission of an offer, the outcome of any negotiation, or any reliance on property information provided through the platform. This includes but is not limited to loss of any deposit, financing costs, inspection fees, legal fees, or any consequential or indirect loss of any kind.

Where liability cannot be excluded by law, our total aggregate liability to you is limited to the greater of AUD $100 or the amount you have paid to use the platform.

12. Electronic Acknowledgement

By ticking the acknowledgement checkbox and submitting your offer through this platform, you confirm that you have read, understood, and agree to these Buyer Terms of Service in their entirety. Your electronic submission constitutes your acceptance of these terms and carries the same weight as a written signature for the purposes of this agreement.

13. Governing Law

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

14. Changes to These Terms

Companion Pro reserves the right to update these terms from time to time. The version in effect at the time you submit your offer is the version that applies to that submission.

15. Contact

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