Buyer Terms & Conditions

These Terms and Conditions govern the use of the property sourcing and notification services provided by Crossmatch ("Crossmatch", "we", "us" or "our").

By registering with Crossmatch, paying the applicable onboarding fee or using our services, you ("Buyer", "you" or "your") acknowledge that you have read, understood and agree to these Terms and Conditions.

Crossmatch provides a property sourcing and notification service designed to help buyers access additional property opportunities that may not otherwise come to their attention.

Our service is limited to identifying and communicating potential property opportunities. Crossmatch does not act as a buyer's agent or represent buyers in property transactions.

Crossmatch provides a property sourcing and notification service that may include:

• –Establishing and maintaining a buyer profile based on your nominated geographical areas and general property preferences.
• –Identifying potential property opportunities through our extensive network of real estate agents, agency principals and other available sources.
• –Engaging in ongoing communication, telephone conversations and meetings with selling agents and agency principals to identify new property opportunities.
• –Notifying buyers of relevant off-market, pre-market, newly listed and other available properties within their nominated geographical areas.
• –Providing available property information and contact details to enable buyers to make their own enquiries directly with the relevant selling agent.
• –Continuing to notify active buyers of potential property opportunities, subject to availability and these Terms.

• –Acting as a buyer's agent or providing buyer representation of any kind.
• –Property inspections, valuations or appraisals.
• –Negotiating purchase prices or contract conditions.
• –Preparing or submitting offers on behalf of buyers.
• –Contract preparation, review or conveyancing.
• –Property investment recommendations or financial advice.
• –Legal, taxation, building, pest or other professional advice.
• –Managing or overseeing property purchases or settlements.

Crossmatch charges a one-time onboarding fee, as disclosed at the time of registration.

The onboarding fee covers the establishment and activation of your buyer profile, administration, immediate access to educational resources including property due diligence guidance, ongoing property broadcasting and notification costs, and access to Crossmatch's property sourcing and notification service.

• –The onboarding fee is payable before activation of your buyer profile.
• –All applicable fees will be disclosed before payment, including GST.
• –The fee is charged once and is not a recurring subscription.
• –There are no ongoing membership or subscription charges under the current service model.
• –No success fee, commission or additional fee is payable to Crossmatch if you purchase a property.
• –Payment does not guarantee any specific number of property notifications, successful property matches or property purchases.

Crossmatch makes reasonable efforts to identify and communicate property opportunities within buyers' nominated geographical areas.

Crossmatch operates a broad-based property sourcing and notification service rather than an individually tailored property search service.

While buyers may provide specific purchasing criteria during registration, property notifications are primarily based on geographical areas and may not necessarily match individual preferences, including budget, property type, size, features or other requirements.

Buyers may therefore receive notifications of properties that do not meet all or any of their specific purchasing criteria.

However, property availability is dependent on numerous external factors, including market conditions, property supply, vendor decisions, agent participation and the buyer's individual requirements.

Accordingly, Crossmatch does not guarantee:

• –That any suitable properties will become available.
• –That properties matching some or all of your criteria will be identified.
• –Any minimum number or frequency of property notifications.
• –Access to every off-market, pre-market or newly listed property.
• –That a notified property will remain available.
• –That a property will be offered exclusively to Crossmatch buyers.
• –That a buyer will receive preferential treatment from a selling agent or vendor.
• –That a buyer will successfully negotiate or secure a property.
• –Any financial savings, investment returns or particular purchasing outcome.

Property information communicated by Crossmatch may originate from selling agents, property owners, public property listings, third-party databases or other external sources.

Crossmatch does not independently inspect, investigate, assess or verify property information supplied by third parties. Our role is limited to communicating available information about potential property opportunities.

Information provided may include inaccuracies, omissions or changes relating to:

• –Asking prices and price expectations.
• –Property dimensions and land areas.
• –Property features, conditions and improvements.
• –Planning, zoning and development restrictions.
• –Property availability and sales status.
• –Other material information relevant to a property.

Crossmatch does not conduct property due diligence or provide legal, financial, taxation, investment, building, pest or other professional advice.

Buyers are solely responsible for conducting their own investigations and seeking independent professional advice before purchasing any property.

This may include engaging qualified professionals to assess:

• –Property ownership, title, easements and encumbrances.
• –Building condition, structural integrity and pest activity.
• –Flooding, drainage, environmental and natural hazard risks.
• –Zoning, planning regulations and development restrictions.
• –Property valuations and comparable sales.
• –Finance, lending eligibility and affordability.
• –Contract conditions, legal obligations and settlement requirements.
• –Taxation consequences and investment suitability.

To assist Crossmatch in providing relevant notifications, buyers agree to:

• –Provide accurate and current contact information.
• –Supply reasonable details of their property requirements, including preferred locations, property types and purchasing budgets.
• –Notify Crossmatch of material changes to their purchasing requirements.
• –Make their own independent enquiries regarding any property of interest.
• –Contact selling agents directly to arrange inspections, discuss properties, submit offers or negotiate purchases.
• –Undertake appropriate due diligence before entering any property transaction.
• –Use property information provided by Crossmatch only for lawful, personal property search purposes.

Crossmatch's role is limited to identifying and communicating potential property opportunities.

Following receipt of a property notification, buyers are responsible for contacting the relevant selling agent directly.

All property discussions, inspections, offers, negotiations, contract arrangements and settlements are conducted independently of Crossmatch.

Crossmatch is not a party to any agreement between a buyer, seller or selling agent.

We do not control the actions, representations, decisions or conduct of third-party selling agents, vendors or other professionals.

Any property transaction entered into following a Crossmatch notification is a separate transaction between the relevant parties.

Crossmatch does not require buyers to enter into an exclusive arrangement.

Buyers remain free to:

• –Continue searching for properties independently.
• –Engage with selling agents directly.
• –Use other property search platforms or services.
• –Engage a licensed buyer's agent or other property professional.
• –Purchase properties not identified or communicated by Crossmatch.
• –Decide not to purchase any property.

Crossmatch may enter into referral arrangements with real estate agents, agency principals, businesses and other eligible third parties who introduce prospective customers to Crossmatch's services.

Under these arrangements, Crossmatch may pay a fixed referral fee of $50 to an eligible referring party when a referred customer successfully registers and pays the applicable onboarding fee.

Referral payments are funded from Crossmatch's own revenue and do not result in any additional charge to the customer.

Referral payments relate solely to the introduction of a paying customer to Crossmatch's property information and notification service. They are not dependent upon, calculated by reference to, or connected with the subsequent purchase or sale of any property.

Crossmatch does not pay referral commissions based on property transactions under this arrangement.

Where required by applicable law, details of referral arrangements, including the identity of the referring party and any financial benefit, will be disclosed to customers.

All referral arrangements are subject to applicable laws, disclosure requirements and regulatory obligations.

Crossmatch endeavours to provide property notifications to active buyers as relevant opportunities become available.

Notifications may be communicated via email, SMS, telephone, WhatsApp, social media platforms, social media messaging services or other agreed electronic communication channels.

The timing, frequency and volume of notifications will vary depending on market conditions, property availability and the buyer's nominated geographical areas.

Crossmatch does not guarantee uninterrupted service availability and is not liable for delays, interruptions or failures caused by technical issues, third-party service providers, force majeure events or other circumstances beyond our reasonable control.

The onboarding fee is generally non-refundable once your buyer profile has been activated and service delivery has commenced.

Crossmatch will consider refund requests in accordance with applicable Australian Consumer Law obligations.

If you wish to cancel your registration or request a refund, please contact Crossmatch using the details provided in these Terms.

Crossmatch reserves the right to suspend or terminate a buyer's registration where these Terms are breached, where the buyer engages in conduct that is unlawful, fraudulent, abusive or harmful to Crossmatch or others, or where continued service is not reasonably practicable.

Crossmatch collects, holds, uses and discloses personal information in accordance with its Privacy Policy, available at crossmatch.au/privacy-policy.

By registering with Crossmatch, you consent to the collection, use and disclosure of your personal information as described in the Privacy Policy.

Crossmatch may share buyer information, including contact details and property preferences, with participating selling agents and agency principals for the purposes of providing the service, subject to the Privacy Policy and applicable law.

You may request access to, or correction of, your personal information by contacting Crossmatch.

All content, materials, systems, processes, branding and intellectual property associated with Crossmatch's website and services remain the property of Crossmatch or its licensors.

You may not reproduce, distribute, modify, publish or otherwise use Crossmatch's intellectual property without prior written consent.

Property information communicated by Crossmatch may be subject to the intellectual property rights of third parties, including selling agents and property owners.

To the maximum extent permitted by law, Crossmatch's liability to you in connection with the services is limited to the amount of the onboarding fee paid by you.

Crossmatch is not liable for any indirect, consequential, special, incidental or punitive loss or damage, including loss of profit, loss of opportunity, loss of data or any other economic loss, arising from or in connection with the services or these Terms.

Crossmatch is not liable for the acts, omissions, representations or conduct of third parties, including selling agents, vendors, buyers' agents, conveyancers or other professionals.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law.

To the maximum extent permitted by law, Crossmatch provides its services on an 'as is' and 'as available' basis without warranties of any kind, express or implied.

Crossmatch does not warrant that the services will be uninterrupted, error-free, complete or suitable for any particular purpose.

Crossmatch does not make any representation or warranty regarding the accuracy, completeness, currency or reliability of property information communicated through the service.

You agree to indemnify and hold harmless Crossmatch, its officers, employees, contractors and agents from and against any claims, losses, damages, costs and expenses (including reasonable legal costs) arising from or in connection with your use of the services, your breach of these Terms, or your unlawful or negligent conduct.

These Terms and Conditions are governed by the laws of Queensland, Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.

Crossmatch may amend these Terms and Conditions from time to time.

Updated Terms will be published on our website and will take effect from the date shown.

Continued use of the services following publication of updated Terms constitutes acceptance of the amended Terms.

These Terms and Conditions, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Crossmatch in relation to the services.

These Terms supersede all prior representations, agreements, statements and understandings between the parties relating to the services.

For enquiries, complaints or requests relating to these Terms and Conditions, please contact:

Crossmatch Project Gemini 55 Pty Ltd Email: [email protected] Website: crossmatch.au