Terms of Use

1. Introduction and Acceptance

1.1 These Terms of Use (“Terms”) govern your access to and use of the websites, portals, platforms, applications, products, and services (collectively, the “Services”) provided or operated by:

Sale Funder Operations Pty Ltd (ACN 646 741 826),
Agency Settlements Pty Ltd (ACN 686 630 688),
Loan Funder Pty Ltd (ACN 605 823 694),
and each of their related bodies corporate within the meaning of section 50 of the Corporations Act 2001 (Cth) (collectively referred to as “we”, “us”, or “our”).

1.2 By accessing or using any of the Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

1.3 If you access the Services on behalf of another person or entity (such as a real estate agency or vendor client), you warrant that you have authority to bind that person or entity to these Terms.

2. Updates to These Terms

2.1 We may amend these Terms from time to time. Material changes will be notified on our websites or by email at least 30 days before taking effect.

2.2 Your continued use of our Services after any change constitutes your acceptance of the amended Terms.

2.3 Archived versions of previous Terms may be made available on request.

3. Eligibility and Compliance

3.1 You must be at least 18 years old and capable of entering legally binding contracts.

3.2 You must comply with all applicable laws, regulations, and codes of conduct relevant to your use of the Services, including real estate, financial services, and anti-money-laundering laws where applicable.

3.3 If you are a consumer within the meaning of the Australian Consumer Law, you may have additional rights that cannot be excluded.

4. Use of the Services

4.1 You agree to use our Services only for lawful and authorised purposes.

4.2 You must not:

a) copy, reproduce, distribute, or modify any content except as expressly permitted;

b) interfere with, disrupt, or attempt unauthorised access to any system or network;

c) use the Services for fraudulent or misleading activity;

d) reverse engineer, decompile, or derive source code from any platform;

e) impersonate any person or misrepresent your affiliation;

f) infringe any intellectual property or privacy rights.

4.3 We may suspend or terminate access where we reasonably believe you have breached these Terms or applicable law.

5. Intellectual Property

5.1 All intellectual property rights in the Services—including designs, software, data, content, and trademarks—are owned by or licensed to Sale Funder Operations Pty Ltd, Agency Settlements Pty Ltd, Loan Funder Pty Ltd, or their related bodies corporate.

5.2 You are granted a limited, revocable, non-transferable licence to use the Services for their intended purpose.

5.3 Nothing in these Terms transfers ownership of any intellectual property to you.

6. Disclaimers and Limitation of Liability

6.1 The Services are provided “as is” and “as available”.

6.2 To the maximum extent permitted by law:

a) we disclaim all warranties (express or implied); and

b) our total aggregate liability to you for any claim arising from the Services is limited to the amount you paid for the relevant Service (if any).

6.3 We are not liable for indirect, special, or consequential loss, including loss of profit, opportunity, or data.

6.4 Nothing in these Terms excludes liability that cannot lawfully be excluded, including statutory guarantees under the Australian Consumer Law.

7. Indemnity

You agree to indemnify and hold harmless Sale Funder Operations Pty Ltd, Agency Settlements Pty Ltd, Loan Funder Pty Ltd, and their related bodies corporate, officers, and employees against all claims, damages, and expenses (including reasonable legal costs) arising from your:

a) breach of these Terms;

b) violation of law; or

c) misuse of the Services—except to the extent caused by our negligence or wilful misconduct.

8. Third-Party Content and Links

8.1 Our Services may contain links to or integrations with third-party websites, systems, or payment providers. We do not control, endorse, or accept responsibility for any third-party content or services.

8.2 Your use of third-party services is at your own risk and subject to their own terms.

9. Privacy and Data

9.1 We collect, use, store, and disclose personal information in accordance with our Privacy Policy and applicable privacy laws.

9.2 By using our Services, you consent to such collection and use.

10. Termination and Suspension

10.1 We may suspend or terminate your access to the Services immediately if you breach these Terms or for any other lawful reason.

10.2 On termination, all rights granted to you under these Terms will cease.

10.3 Provisions that by nature should survive termination (e.g. indemnities, limitations of liability, governing law) shall remain in effect.

11. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be interpreted to achieve its intent as nearly as possible, and the remainder will continue in full force.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia.
You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

13. General Provisions

13.1 Entire Agreement – These Terms, together with our Privacy Policy and any additional policies referenced, constitute the entire agreement between you and our Group in relation to the Services.

13.2 No Waiver – Failure to enforce any right does not constitute a waiver.

13.3 Assignment – We may assign or transfer our rights and obligations under these Terms without notice; you may not assign yours without our written consent.

13.4 Notices – All notices may be sent electronically via email or published on our websites.

Contact us
If you have questions about these Terms or the Services, please contact:
support@agencyportal.com.au or call 1300 001 371