Terms & Conditions

Terms and Conditions
Effective Date: 2025

These Terms and Conditions ("Terms") govern your use of the services provided by The Modern Agent Brisbane (ABN: 13678734588, referred to in these Terms as “we”, “us” or “our”). By accessing or using our website, engaging our services, or communicating with our agents, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use our services or website.

1.1. You agree to use our services for lawful purposes only and in a way that does not infringe the rights of others or restrict their use of our services.

1.2. We reserve the right to refuse service, suspend access or terminate your engagement with us if you breach these Terms or behave inappropriately toward our staff or clients.

2.1. You must provide accurate, complete, and current information when requested, including in relation to your identity, financial position, or property details.

2.2. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

3.1. Our services include (but are not limited to) real estate sales, property management, marketing, market appraisals, and advisory services.

3.2. Any engagement of our services is subject to a formal agency agreement or management agreement that outlines specific obligations, fees, and authorities.

3.3. All property listings and market appraisals are estimates only and are not to be taken as valuations or guarantees of sale or rental price.

4.1. Fees for our services will be detailed in your agency agreement or service engagement. Additional out-of-scope services may incur additional fees with your prior approval.

4.2. You agree to pay any invoiced fees within the time specified. Late payments may incur interest and recovery costs.

5.1. All content on our website and in our materials — including but not limited to text, graphics, logos, and images — is owned or licensed by The Modern Agent Brisbane and is protected under Australian intellectual property laws.

5.2. You may not reproduce, transmit, modify, distribute, or use our content for commercial purposes without our prior written consent.

6.1. Your use of our services is subject to our Privacy Policy, which outlines how we collect, store, and manage your personal information.

6.2. By using our services, you consent to us handling your personal information in accordance with our Privacy Policy.

7.1. To the extent permitted by law, we are not liable for any loss, damage, or expense incurred by you in connection with the use of our services or website.

7.2. We do not accept responsibility for loss arising from third-party service providers, market fluctuations, or actions outside of our reasonable control.

7.3. Nothing in these Terms excludes or modifies any right or guarantee you may have under the Australian Consumer Law which cannot be excluded.

8.1. Our website or communications may contain links to third-party websites. We do not control and are not responsible for the content or privacy practices of those websites.

8.2. Any third-party content provided is for informational purposes only and does not imply our endorsement.

9.1. We may terminate or suspend your access to our website or services at any time without notice if you breach these Terms.

9.2. Upon termination, all rights granted to you under these Terms cease immediately.

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland in relation to any dispute arising under these Terms.

We may update these Terms from time to time. Changes will be published on our website and will take effect immediately unless stated otherwise. Your continued use of our services constitutes your acceptance of any amended Terms.

If you have any questions about these Terms, please contact:

The Modern Agent Brisbane
Post: GPO Box 2433, Brisbane QLD 4001
Email: hello@themodernagentbrisbane.com.au

Privacy Policy of The Modern Agent Brisbane

The Modern Agent Brisbane and its related bodies corporate (we, our, us) recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information. This document is our privacy policy and it tells you how we collect and manage your personal information.

When used in this privacy policy, the term “personal information” has the meaning given to it in the Privacy Act 1998 (Cth). In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

We may collect your name, mailing or street address, email address, telephone number, facsimile number, age or birth date, profession, occupation or job title and any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise and information you provide to us through our service centre, customer surveys or visits by our representatives from time to time.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

• through your access and use of our website;
• by telephone, letter, fax or email;
• during conversations between you and our representatives;
• by contracting with us or completing application forms;
• by entering competitions, promotions or requesting information or material from us; or
• completing surveys, providing feedback or complaining to us.

We may also collect personal information from third parties including:

• from third party companies such as credit reporting agencies, law enforcement agencies and government entities;
• your representatives (lawyers, accountants and financial advisers);
• your employer;
• publicly available sources of information or any other organisations where you have given your consent.

When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer. It also enables us to keep track of your activity on our website for a period of time. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website and track users' movements.

If you do not provide us with the personal information described above, some or all of the following may happen:

• we may not be able to provide the requested products or services to you, either to the same standard or at all;
• we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
• we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.

We collect personal information about you so that we can perform our business activities and functions and to provide the best possible quality of customer service.

We collect, hold, use and disclose your personal information for the following purposes:

• to provide products and services to you and to send communications requested by you;
• to answer enquiries and provide information or advice about existing and new products or services;
• to provide you with access to protected areas of our website;
• to assess the performance of the website and to improve the operation of the website;
• to conduct business processing functions including providing personal information to our related bodies corporate, employees, contractors, service providers or other third parties;
• for the administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes of The Modern Agent Brisbane and its related bodies corporate and employees, contractors or service providers;
• to provide your updated personal information to our related bodies corporate and service providers;
• to update our records and keep your contact details up to date;
• to process and respond to any complaint made by you; and
• to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in cooperation with any governmental authority of any country (or political sub-division of a country).

We may disclose your personal information to:

• our employees, related bodies corporate, contractors, and service providers for the purposes of operating our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, utilities providers, and professional advisors such as accountants, solicitors, business advisors and consultants;
• suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and
• any organisation for any authorised purpose with your express consent.

We may combine or share any information that we collect from you with information collected by any of our related bodies corporate (within Australia).

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. You may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the communications.

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge a fee to cover our administrative costs in providing the information to you. We will not charge for simply making the request or correcting your information.

If you believe that the personal information we hold about you is incorrect, incomplete or inaccurate, you may request us to amend it.

If you believe that your privacy has been breached, please contact us using the information below and provide details so that we can investigate. Our process for dealing with complaints aligns with our complaints handling procedures.

We may disclose personal information to related bodies corporate and third-party suppliers and service providers located overseas for the purposes listed above. Your personal information may be stored in the cloud or on servers in overseas countries. By using our services, you consent to your information being disclosed in this manner. We take reasonable steps to ensure overseas recipients handle your personal information securely and in compliance with applicable laws.

As our website is linked to the internet, we cannot provide assurance regarding the security of information you transmit online. Any personal or other information you send us online is at your own risk.

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those sites. You should review their privacy policies independently.

If you have any questions, concerns, or feedback about this privacy policy, or believe your privacy has been breached, please contact:

Privacy Officer
The Modern Agent Brisbane
Post: GPO Box 2433, Brisbane QLD 4001
Email: privacy@themodernagentbrisbane.com.au 

A representative will respond within a reasonable time to discuss your concerns and seek resolution.

We may change this policy from time to time. Any updates will be posted on our website.
Last updated: 2025