Terms & Conditions

Version 1.0 · Effective 1 July 2026

Beat The Agent Operations Pty Ltd · ABN 85 694 398 233

Effective date: 1 July 2026

1. Acceptance of Terms

These Terms govern your access to and use of the Platform and Services.

By accessing or using the Platform, creating an account or otherwise using the Services, you agree to be bound by these Terms and to our Privacy Policy here: our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform or Services.

This Platform is owned and operated by Beat The Agent Operations Pty Ltd (ABN 85 694 398 233 (BTA). BTA provides marketing, advertising, technology and platform services so that property owners can market and advertise their property, including by assisting with listing distribution to third-party property portals such as realestate.com.au and Domain.

We do not negotiate with buyers for you. We do not handle contracts, deposits or settlement. You remain responsible for pricing, enquiries, negotiations and accepting offers. We do not guarantee enquiries, sale price, buyer performance or settlement.

2. Definitions

In these Terms, unless the context requires otherwise:

BTA, we, us or our means Beat The Agent Operations Pty Ltd (ABN 85 694 398 233).

Platform means the BTA website, software, systems, applications, dashboards, communication tools via which Users can use or access the Services.

User or you means any person who registers as Buyer or Seller with BTA and/ or accesses or uses the Platform.

Seller means a property owner or authorised representative registers as a Seller with BTA and/ or creates, submits or publishes a property Listing.

Buyer means a person who registers as a Buyer with BTA and/ or views, enquires about or communicates with a Seller regarding a Listing.

Listing means a property advertisement, profile, listing page, campaign or marketing content created or submitted through the Platform.

Lead means an enquiry or contact generated in relation to a Listing.

Services means marketing, advertising, listing distribution (including submitting a Listing), technology tools, platform access and related customer support services, including making an enquiry or purchasing a package, provided by BTA.

Third-Party Portals includes realestate.com.au, Domain and any other external website or platform on which Listings may be published or syndicated.

Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings, loss of opportunity, loss of data, business interruption loss, loss of goodwill, and consequential loss.

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

Listing Materials means all text, images, photographs, floor plans, videos, virtual tours, descriptions and other content provided by a Seller in connection with a Listing.

3. Platform

BTA owns and operates the Platform.

Users acknowledge and agree that BTA’s role is limited to facilitating access to the Platform and Services. Sellers and Buyers are responsible for and conduct all correspondence, negotiations, due diligence, contract steps and settlement arrangements (as applicable) independently of BTA.

You acknowledge and agree that BTA does not:

negotiate with Buyers on behalf of Sellers;
act as an intermediary in negotiations;
make representations on behalf of Sellers or Buyers;
accept, reject or counter offers;
prepare, advise on or execute contracts of sale;
provide legal, financial, taxation, valuation or conveyancing advice;
hold deposits or operate as a trust account holder for the transaction; or
guarantee that a property will sell or achieve any particular price.

4. Seller Terms & Listing Agreement

4.1 Seller Engagement

The Seller engages BTA to provide use of and/or access to the Platform and Services in relation to the Seller’s property.

4.2 Seller Control

The Seller retains full control and responsibility for:

setting the asking price or price guide for a property;
reviewing and approving Listing content;
responding to Buyer enquiries;
conducting inspections or open homes;
negotiating with Buyers;
accepting, rejecting or countering offers;
obtaining legal or conveyancing advice;
entering into any contract of sale; and
settlement and transaction completion.

In addition to the above, the Seller agrees to:

provide accurate, current and complete Listing Materials to BTA, including the correct property address and all required disclosure information;
respond to Buyer enquiries promptly and professionally;
ensure each Listing relates to one property only and must not be used to solicit enquiries for other properties; and
comply with all applicable advertising and marketing laws, residential tenancy laws and anti-discrimination laws, including ensuring that Listing Materials do not contain false, misleading or deceptive representations, unlawful pricing claims or discriminatory criteria.

4.3 Seller Warranties

The Seller warrants that:

the Seller is the legal owner of the property or is duly authorised to advertise and sell the property;
all information provided to BTA is accurate, complete, current and not misleading;
all material facts and required disclosures have been made;
the Listing complies with Australian Consumer Law and all applicable property laws;
the Seller has the right to use and authorise BTA to use all photos, videos, floorplans, text and other Listing Materials;
the Seller will immediately notify BTA of any change that may affect the accuracy of the Listing;
the Seller is not aware of any legal impediment, encumbrance, caveat, court order, prohibition or restriction that would prevent the Seller from selling or advertising the property; and
all Listing Materials are original or the Seller holds all necessary rights to use them, and do not infringe any third party’s intellectual property, privacy or other legal rights.

4.4 Listing Content Rules

In addition to the warranties above, the Seller agrees to comply with the following content rules when creating or updating a Listing:

personal contact details (phone numbers, email addresses or URLs) must not be placed in the public property description field; all enquiries are routed through the Platform and forwarded to the Seller;
Listing Content must not be unlawful, misleading, defamatory, obscene, discriminatory, infringing or otherwise in breach of applicable law or Third-Party Portal rules, policies or terms;
BTA may edit, reformat, refuse or remove Listing Content that breaches these Terms, Third-Party Portal rules or applicable law; and
where BTA receives a legal complaint, infringement notice or request from a regulatory authority in relation to a Listing, BTA may edit, hide or remove the Listing without prior notice and will notify the Seller where legally permitted to do so.

4.5 Seller Acknowledgement

The Seller expressly acknowledges that BTA has no control over Buyer behaviour, Buyer finance, Buyer due diligence, contract performance, market conditions, settlement, legal advice obtained by the parties or the commercial decisions made by the Seller or Buyer.

The Seller acknowledges and agrees that BTA is not responsible for:

failed negotiations;
withdrawn or reduced offers;
Buyer default;
collapsed sales;
contract termination;
finance failure;
building and pest outcomes;
valuation outcomes;
settlement delays or settlement failure;
changes in market conditions;
time on market; or
the final sale price achieved or not achieved.

The Seller releases BTA from all claims, loss, damage, cost or liability arising from sale outcome, transaction failure, Buyer conduct, market performance or settlement issues, except to the extent such liability cannot be excluded by applicable law.

Information on our Platform is general in nature and we make no warranty in respect of same. It is not legal, financial or real estate advice. Users must seek their own professional advice before entering any binding transaction.

4.6 Advertising Authority

The Seller authorises BTA to use, reproduce, publish, edit, reformat, distribute and syndicate Listing Material and content for the purpose of providing use of or access to the Platform and the Services, including publication on the Platform and Third-Party Portals.

4.7 Listing Content Licence

The Seller grants BTA a non-exclusive, royalty-free, worldwide, sublicensable (to the extent required for publication on Third-Party Portals) licence to use, reproduce, publish, distribute, modify and display Listings and Listing Materials for the purposes of providing the Services, operating the Platform, marketing the Listing, reporting, analytics and complying with Third-Party Portal requirements. This licence survives withdrawal or expiry of a Listing or Listing Materials to the extent required for archival and reporting purposes.

5. Buyer Terms

Buyers acknowledge that Listings are created from information supplied by Sellers. BTA does not guarantee the accuracy, completeness or currency of any Listing.

Buyers are responsible for making their own enquiries, inspections, due diligence and obtaining independent legal, financial, building, pest, valuation or other professional advice before entering into any transaction.

Buyers agree not to misuse Seller contact details, harass Sellers, submit false enquiries, impersonate another person or use the Platform for unlawful or misleading purposes.

Buyers must be at least 18 years of age and legally capable of entering into a binding contract.

BTA does not verify the identity, credentials, finance position or intentions of Buyers who submit enquiries through the Platform. Sellers should exercise their own caution and conduct independent verification before granting property access or disclosing sensitive information to any Buyer.

6. Third-Party Portals & Syndication

BTA may submit, publish, upload, syndicate or distribute Listings and Listing Material to Third-Party Portals including realestate.com.au, Domain and other external property websites in order to provide the Services.

6.1 No Control Over Third-Party Portals

The Seller acknowledges and agrees that Third-Party Portals are independently owned and operated and BTA does not control:

portal ranking or search placement;
listing visibility;
algorithmic performance;
portal outages, downtime or technical errors;
portal policies, pricing, moderation or approval processes;
listing suppression, rejection, removal or reclassification;
display formatting or data mapping;
lead volumes or enquiry quality; or
changes to Third-Party Portal rules, terms, systems or commercial arrangements.

6.2 Third-Party Portal Indemnity

The Seller indemnifies and holds harmless BTA, its directors, officers, employees, contractors and related entities against any claim, loss, damage, cost, liability or expense arising directly or indirectly from:

publication, non-publication, delay, rejection, suspension or removal of a Listing by a Third-Party Portal;
errors, omissions, formatting issues or display issues on a Third-Party Portal;
portal outages, downtime, technical failures, cyber incidents or service interruptions;
portal policy changes, pricing changes or algorithm changes;
lead delivery failures or enquiry routing issues;
data transfer, feed, syndication, integration or API issues;
claims made by Buyers, Sellers or third parties arising from Third-Party Portal content or publication; and
any act, omission, decision or failure of realestate.com.au, Domain or any other Third-Party Portal.

6.3 Listing Upgrades and Campaign Periods

Any Third Party Portal Listing upgrades, premium placements or campaign features are subject to the relevant Third-Party Portal’s rules, terms and timeframes. BTA does not guarantee that Third Party Portal Listing upgrades can be paused, extended, refunded, transferred or reinstated.

6.4 Portal Policy Compliance and General Listing Authority

Users acknowledge that Third-Party Portals, including realestate.com.au and Domain, permit listing only via licensed real estate agencies. Private vendors cannot publish directly on such portals.

The Seller agrees to execute (as may be required) a General Listing Authority and any other compliance documents or forms reasonably requested by BTA before publication. This enables BTA to publish Listings through its licensed account in accordance with Third-Party Portal rules. Failure to provide a completed General Listing Authority may result in the Listing being delayed, refused or removed by the Third Party Portal, and BTA is not liable for any such delay or loss.

Any reinstatement following portal removal is subject to the relevant Third Party Portal’s discretion and any associated reinstatement fees are at the Seller’s cost.

7. Fees, Payments, Service Inclusions & Refunds

Fees are fixed service fees for access to the Platform and Services and are set out here: our pricing page. Fees are not commission and are not contingent on the sale of a property.

Unless otherwise agreed in writing, fees are payable upfront before a Listing is activated or submitted for publication.

All fees are stated inclusive of GST unless otherwise specified. Where BTA is required to charge GST, it will be included in the stated fee and BTA will issue a valid tax invoice upon receipt of payment.

7.1 Standard Package Service Inclusions

Unless otherwise stated in the package selected by the Seller, BTA’s standard service package includes:

Professional photography - up to fifteen (15) edited property images;
One (1) ‘For Sale’ signage board - subject to supplier availability, property access and installation requirements;
Access to BTA’s exclusive online Platform - for creating, managing and monitoring the Seller’s listing journey;
Free desktop appraisal - prepared from available market information and provided as general information only;
Standard Listing on realestate.com.au - subject to Third-Party Portal acceptance, rules and availability; and
Silver Listing on Domain.com.au -subject to Third-Party Portal acceptance, rules and availability.

To the maximum extent permitted by applicable law, the Platform and Services are provided on an “as available” basis. We do not promise uninterrupted or error-free operation. Support is provided during published business hours and response times are not guaranteed.

Desktop appraisal disclaimer: Any desktop appraisal, market estimate, comparable sales information or price guidance is general information only. It is not a formal valuation, not financial advice, not legal advice, and not a guarantee of sale price. Sellers remain responsible for setting their own price and should obtain independent professional advice where required.

7.2 Third-Party and Supplier Costs

Where a package includes photography, signage, portal listings or third-party services, those components may be delivered by external suppliers or Third Party Portals and are subject to external supplier or Third Party Portal rules and terms. BTA is not responsible for delays, access issues, weather impacts, supplier availability, portal approval delays or matters outside BTA’s reasonable control.

Users acknowledge and agree that photography sessions booked through or facilitated by BTA are non-refundable after booking. If a Seller cancels, delays or reschedules a photography session, any rebooking fee, call-out fee, late-change fee, no-show fee or travel cost charged by the photographer or their booking agency will be passed on to the Seller. Any re-editing requested after image delivery is billable to the Seller.

7.3 Refunds

While it is generally the case that orders of third party providers or suppliers (or Third Party Portals) cannot be cancelled or changed, there are some circumstances when it may be allowed. To the extent permitted by applicable law:

Before work commences and before portal publication: a refund may be requested by the User within 7 days of purchase provided the Listing has not appeared on any Third-Party Portal or BTA Platform. After 7 days the service is deemed commenced and no refund is available on this basis.
After Listing preparation has commenced: a partial refund may be considered at BTA’s discretion and subject to services already booked, incurred or performed.
After photography, signage, appraisal, Platform account setup, portal submission or publication has commenced: fees are generally non-refundable to the extent those Services have been delivered, booked, incurred or committed.
After publication or portal submission: fees are non-refundable, except where required by law.
After enquiries are generated: fees are non-refundable.
After contract, sale, withdrawal or campaign cancellation: fees are non-refundable.
Portal subscription disruption: if a Listing is removed from a Third-Party Portal due to cancellation, removal or termination of BTA’s portal subscription, the Seller may request a refund only if the Listing first appeared on that Portal within the 5 days immediately before the removal or termination date. After 5 days, no refund, credit or compensation is available.

7.4 Cooling-Off / Cancellation Requests

A Seller may request cancellation within twenty-four (24) hours of purchase if Services have not commenced. Refund eligibility remains subject to these Terms, applicable law, third-party costs (and Third Party Portal costs) and payment processing fees (if applicable).

8. Leads, Enquiries & Communication

Leads generated from a Listing belong to the Seller associated with that Listing, subject to BTA’s IP rights and BTA's rights to retain aggregated, de-identified and analytics data.

BTA may facilitate technical delivery of Leads but does not act as negotiator, representative, broker or intermediary in communications between Buyers and Sellers.

Sellers agree that they are solely responsible for responding to Leads, qualifying Buyers, arranging inspections, negotiating terms and managing communications.

9. Identity Verification (KYC)

To the extent (if any) BTA has obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (As Amended) (the AML/CTF Act), BTA may collect, verify, and record specific personal information to confirm Users' identity, business structure, or the identities of any beneficial owners. This information may include, but is not limited to, a User's full name, residential address, and date of birth.

BTA may require Users to complete identity, authority and ownership verification prior to Listing publication, continued listing display, account activation or continued use of the Platform.

Verification may include:

government-issued identification;
proof of property ownership or authority to list the property;
address confirmation;
company, trust or representative authority documents where applicable;
payment verification; and
any additional verification checks reasonably required for fraud prevention, legal compliance or platform integrity.

BTA may suspend, delay, refuse, restrict or remove access to the Platform, Services or any Listing where verification is incomplete, inconsistent, suspicious, unavailable, or where BTA considers there is a fraud, compliance, consumer protection, safety, regulatory or reputational risk.

(If required) BTA may disclose Users' personal information to external third parties to verify identity, including independent data verification providers and government document verification services. Furthermore, (if required) BTA will disclose personal information and transaction details to the Australian Transaction Reports and Analysis Centre (AUSTRAC) or relevant law enforcement agencies if a threshold transaction is triggered, pursuant to the AML/CTF Act. BTA is not liable for delay, loss, missed opportunity, campaign impact or Third-Party Portal delay arising from incomplete or failed verification.

10. Listing Duration, Withdrawal and Reactivation

Unless a fixed package term applies, Users agree that a Listing remains live on the Platform until the property is sold, leased or the Seller requests removal.

Where a package specifies a fixed listing period (Package Term), publication will end at expiry unless the Seller renews, extends or upgrades before the expiry date. Portal publication may also end when a Package Term ends, subject to the relevant portal’s policies.

After upload to a Third-Party Portal, the Seller may withdraw a Listing for up to 60 days from the date of first withdrawal without incurring additional portal fees. Listings re-added to a Portal after 60 days may be treated by the portal as a new listing and may incur a new listing fee at the Seller’s cost. If the applicable package has expired, reactivation may require a renewal or upgrade. Requests for removal, renewal, extension or reactivation must be made through the Platform or by written notice to BTA.

11. Website Disclaimer

Use of the Platform is at the User’s own risk.

Information provided through the Platform or Services, including guides, templates, desktop appraisal information, comparable sales information, market commentary, Listing suggestions or educational content, is general information only and does not constitute legal, financial, taxation, valuation, building, pest, conveyancing or real estate advice specific to the User’s circumstances.

Users acknowledge and agree that BTA does not guarantee:

that a property will sell;
the price at which a property may sell;
Buyer behaviour, finance approval, due diligence outcomes or settlement performance;
listing acceptance, visibility, ranking or enquiry levels on any portal;
contract success, contract completion or settlement;
the accuracy of third-party data, market data or portal data; or
that the Platform will be uninterrupted, error-free or available at all times.

Users acknowledge that selling or buying property involves risk and should obtain independent legal, financial, conveyancing, taxation and property advice before entering into any transaction.

12. Ethics & Behaviour Policy

All Users must act lawfully, honestly, respectfully and in good faith when using the Platform and interacting with other Users, BTA, suppliers and third-party service providers.

Users must:

act honestly and in good faith;
provide accurate, truthful and non-misleading information;
avoid misleading, deceptive, fraudulent or abusive behaviour;
treat other Users with respect and professionalism;
comply with all applicable laws, regulations and Third Party Portal rules and terms; and
promptly correct any inaccurate information they become aware of.

Users must not:

submit false, misleading or unauthorised Listings;
engage in harassment, intimidation, abuse, threats or discriminatory behaviour;
impersonate another person or misrepresent authority;
attempt to manipulate enquiries, offers, reviews, data or platform performance;
scrape, harvest or misuse personal information; or
use the Platform for unlawful, fraudulent or improper purposes.

Users must not conduct, facilitate, authorise or permit any text or data mining, web scraping, automated data extraction or similar activity in relation to the Platform or any content or Services available through it, including (without limitation) for the purpose of developing, training, fine-tuning or validating artificial intelligence systems or models. This prohibition applies regardless of the technology used.

BTA may suspend, restrict, remove or terminate access to or use of the Platform or Services where a User breaches this policy or where BTA reasonably considers there is a risk to Users, the Platform, third parties, regulatory compliance or BTA’s reputation.

Users acknowledge that BTA may report to law enforcement, regulators, portals, insurers or other appropriate authorities fraudulent, abusive, threatening or unlawful conduct.

13. Safety, Access and Insurance

The Seller is solely responsible for the safety of all persons attending inspections or accessing the property in connection with a Listing, and for securing the premises before, during and after any inspection.

The Seller must arrange their own insurance, including public liability insurance where required, for any inspection or property access event. BTA is not liable for any loss, injury, damage or theft arising from an inspection, property access or the handing over of keys or access codes in connection with a property.

14. Complaint Handling Policy

Users may submit complaints to BTA through the designated contact channels published on the Platform.

BTA will aim to:

acknowledge complaints promptly and in any event within 2 business days of receipt;
investigate complaints fairly and reasonably;
request further information where required;
provide a response or proposed resolution where appropriate; and
maintain complaint records where required for compliance or operational purposes.

If you remain dissatisfied, you may refer your complaint to the relevant consumer protection authority or, for privacy-related complaints, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au for guidance on further steps available to you.

BTA is not responsible for resolving disputes between Buyers and Sellers about price, negotiations, representations, contract terms, settlement, property condition or transaction performance. Those disputes must be handled directly between the parties and their professional advisers.

If you have a complaint about any third party services or Third Party Portal, please contact the relevant third party provider using the contact details as provided by the relevant third party provider.

15. Platform Availability & Service Levels

BTA aims to provide reliable Platform access but does not guarantee uninterrupted, continuous, secure, error-free or delay-free operation.

Users agree that BTA is not liable for:

system outages, maintenance, bugs or technical failures;
data transmission delays or integration errors;
cyber incidents, malware, unauthorised access or denial-of-service events;
third-party hosting, software, payment, portal, email, SMS or API failures;
internet, device or browser issues; or
any loss arising from temporary unavailability of the Platform or Third-Party Portals or third party systems.

16. Force Majeure

BTA is not liable for any delay or failure to provide the Services caused by events beyond BTA’s reasonable control, including but not limited to natural disasters, acts of government, power or internet outages, cyber attacks, pandemics, industrial disputes or Third-Party Portal failures.

If a force majeure event continues for more than 14 days, BTA may suspend or terminate the affected Services by written notice to the User. In such circumstances, BTA will consider reasonable remedies on a case-by-case basis but is not obliged to provide a refund unless required by applicable law.

17. Privacy & Data Governance

BTA may collect personal information including names, contact details, account information, identity verification information (KYC), property information, payment records, usage data and communication records in order to provide Users with access to or use of the Platform or Services and for the purposes set out in our Privacy Policy. If you do not provide this information, we may not be able to provide you with access to or use of the Platform or Services.

Without limiting the above, BTA may use personal information to:

provide access to and use of the Platform;
provide access to and improve the Services;
verify identity and authority;
publish and manage Listings;
process payments;
communicate with Users;
provide customer support;
meet legal and regulatory obligations;
develop analytics, insights and platform improvements; and
send marketing communications where permitted by law.

In order to provide Users with access to and use of the Platform and Services, BTA may disclose information to service providers, contractors, payment processors, verification providers, Third-Party Portals, professional advisers, insurers, regulators, law enforcement agencies and other parties where required or permitted by law.

Users may request access to or correction of their personal information in accordance with applicable privacy laws.

BTA’s collection and handling of personal information is governed by its Privacy Policy, which is incorporated into these Terms by reference and available at /terms/privacy-policy. By using the Platform and/or the Services, you consent to the collection, use and disclosure of your personal information as described in the Privacy Policy. Direct marketing communications will only be sent to you by us where you have expressly consented to receive them in accordance with our Privacy Policy.

The Platform uses cookies and similar tracking technologies to support its operation, track User preferences and activity, and for analytics and marketing purposes. By using the Platform, you consent to BTA’s use of cookies. You may adjust your browser settings to decline cookies, however this may limit or affect certain Platform functionality. Further information about BTA's use of cookies is set out in BTA’s Privacy Policy, available here.

BTA may retain account and Listing records as required by applicable law and for its legitimate business purposes, including compliance and fraud prevention, even after a Listing is removed or an account is closed. BTA may anonymise and use aggregated, de-identified data to improve the Platform and Services.

18. Intellectual Property & Platform Rights

All intellectual property rights in the Platform, software, systems, branding, designs, workflows, templates, documentation, analytics, databases and related materials remain owned by BTA or its licensors.

Users must not copy, scrape, reproduce, reverse engineer, decompile, interfere with, resell, adapt or commercially exploit the Platform without BTA’s written consent.

BTA retains ownership of aggregated data, usage data, analytics, insights, performance benchmarks and de-identified market data generated through use of the Platform.

“Beat The Agent”, “BTA” and all associated logos, brand elements and slogans are trade marks of BTA (whether registered or unregistered). Users must not use BTA’s trade marks without BTA’s prior written consent, except as permitted by these Terms or applicable law.

The Seller consents to BTA making technical changes to Listing Materials that might otherwise engage moral rights under the Copyright Act 1968 (Cth), including resizing, reformatting, cropping or watermarking images and other media for publication on the Platform or Third-Party Portals.

BTA may employ digital watermarking, metadata tagging and similar technical measures to detect and evidence unauthorised copying or use of content from the Platform. Unauthorised copying, scraping or republication of Platform content (including Listing Materials, pricing, photos, floor plans, metadata and schema) may constitute infringement of copyright under the Copyright Act 1968 (Cth) and misleading or deceptive conduct under the Australian Consumer Law. BTA reserves the right to take enforcement action, including issuing takedown notices, blocking access, notifying regulators and commencing legal proceedings for injunctions, damages or an account of profits.

19. Indemnity

To the maximum extent permitted by applicable law, each User indemnifies BTA, its directors, officers, employees, contractors, agents, suppliers and related entities against all claims, losses, liabilities, damages, costs and expenses arising from or in connection with:

the User’s breach of these Terms;
misleading, inaccurate, incomplete or unlawful Listing content;
failure to disclose material facts;
breach of Australian Consumer Law or applicable property legislation;
claims by Buyers, Sellers or third parties in relation to a Listing or property transaction;
negotiations, offers, contracts, settlement or failed settlement;
Buyer withdrawal, default or conduct;
Seller conduct, representations or omissions;
misuse of the Platform;
fraudulent, unlawful or unauthorised activity;
Third-Party Portal issues, failures, errors, outages or claims;
third-party suppliers, contractors or service providers;
the User's breach of Third-Party Portal rules or terms;
photography, signage, appraisal, supplier access, installation, weather, scheduling or third-party delivery issues not caused by BTA’s wilful misconduct;
referral services or decisions made by independent professionals;
fraud, scams, identity misuse, impersonation or unauthorised use caused or contributed to by a User;
any attempt to send, receive or request trust money, deposits or settlement funds through BTA;
any decision of a User to buy or sell property or an interest in real property; and
any regulatory investigation or claim caused or contributed to by User conduct.

This indemnity is continuing and survives termination or expiry of these Terms.

20. Limitation of Liability

To the maximum extent permitted by applicable law, BTA excludes liability for:

failure to sell a property;
sale price achieved or not achieved;
time of property on market;
loss of profit, revenue, opportunity, goodwill or business;
loss of property value;
Buyer or Seller withdrawal, default or financial failure;
contract collapse, termination or settlement failure;
market changes or economic conditions;
Third-Party Portal performance, outages, policies or display issues;
Seller, supplier or contractor acts or omissions;
data loss, cyber incidents or service interruptions;
Consequential Loss (being loss of revenue, loss of profits, loss of anticipated savings, loss of opportunity, loss of goodwill, business interruption loss and any other indirect or consequential loss); and
any matter outside BTA’s reasonable control.

Where liability cannot be excluded, BTA’s total aggregate liability is limited, to the maximum extent permitted by applicable law, to the amount of fees paid by the relevant User to BTA for the relevant Services giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law. BTA does not exclude or limit in any way its liability to Users where it would be unlawful to do so, including liability for death or personal injury caused by BTA’s negligence, or for fraud or misconduct.

21. Suspension, Removal & Enforcement

BTA may suspend, remove, edit, refuse or terminate any Listing, Service, account or Platform access where BTA reasonably considers that:

there is fraud, misleading conduct or unlawful activity;
information is inaccurate or incomplete;
payment obligations are not met;
verification of identification is incomplete;
there is a regulatory, legal, reputational or consumer protection risk;
a User has breached these Terms or Third Party Portal rules or terms; or
action is required by a Third-Party Portal, regulator, insurer, payment processor or law enforcement agency;
fraud, scams, identity misuse or suspicious activity is suspected;
there is a risk to Platform integrity, Buyer or Seller safety, privacy, data security or BTA’s reputation; or
BTA considers suspension reasonably necessary to comply with Queensland or other Australian legal requirements.

BTA’s enforcement rights may be exercised without refund where Services have commenced or publication has occurred.

22. Dispute Resolution

A party must notify the other party in writing of any dispute arising under these Terms. The parties must first attempt to resolve the dispute in good faith.

If the dispute is not resolved within 14 days of the written dispute notice (or such longer period as the parties agree in writing), the parties agree to consider mediation before commencing court proceedings, except where urgent injunctive or equitable relief is required.

23. Governing Law & Jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and applicable appellate courts.

23.1 Queensland

These Terms are structured for a Queensland-first operating model. Users remain responsible for complying with all applicable property, disclosure, consumer protection, privacy and transaction laws relevant to their property, conduct and jurisdiction.

Where BTA expands operations outside Queensland, these Terms may be supplemented by state or territory-specific requirements, disclosures, forms, licence conditions, portal rules or additional user acknowledgements.

24. Account Security

If Users are issued with, or create, login credentials as part of BTA’s security procedures, Users must treat such information as confidential and must not disclose it to any third party. BTA may disable any User login at any time if, in BTA's reasonable opinion, the User has failed to comply with these Terms. If you know or suspect that any person other than you has access to your login credentials, you must promptly notify BTA at hello@beattheagent.com.au. You are responsible for all activity carried out under your account.

25. Linking to the Platform

You may link to the Platform’s home page provided you do so in a way that is fair and legal and does not damage BTA’s reputation. You must not establish a link that suggests any form of association, approval or endorsement by BTA where none exists. The Platform must not be framed or mirrored on any other website. BTA reserves the right to withdraw linking permission at any time without notice.

26. Severability

If any provision of these Terms is found to be invalid, unenforceable or illegal in any jurisdiction, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect. The invalidity of a provision in one jurisdiction does not affect its validity in any other jurisdiction.

27. Circumvention Prohibited

If BTA suspends, bars or restricts a User’s access for a material breach of these Terms, that User must not circumvent that action by creating another account, posting under a different name or otherwise re-accessing the Platform in an unauthorised manner. BTA may remove any such Listing and the User will forfeit all fees paid in connection with that Listing.

28. Assignment and Subcontracting

BTA may assign its rights or subcontract its obligations under these Terms without notice to the Seller, provided such assignment or subcontracting does not reduce the Seller’s statutory rights. The Seller must not assign, transfer or sub-licence their account or any rights under these Terms without BTA’s prior written consent.

29. Entire Agreement

Unless otherwise expressly agreed, these Terms, together with any package-specific inclusions and the Privacy Policy, form the entire agreement between BTA and the User with respect to the Services and supersede all prior representations, agreements or understandings (whether oral or written) relating to the subject matter.

30. Changes to Terms

BTA may update content, features, packages, fees and these Terms at any time by publishing the updated version on the Platform. The updated Terms apply from the date of publication. Continued use of the Platform after publication of an update constitutes acceptance of the amended Terms. If you do not agree with an update, you must cease using the Platform and/or the Services.

31. Contact

For questions about these Terms, contact: BTA Operations Pty Ltd at hello@beattheagent.com.au or by post: PO Box 719, Coorparoo QLD 4151

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