Terms of Service

IMPORTANT DISCLAIMER
This document is a sample template only and does not constitute legal advice. It has been tailored for OnShowing, a B2B SaaS platform for licensed residential real estate agents in Australia. You must have this reviewed and approved by a qualified Australian lawyer (ideally experienced in SaaS/proptech and Australian Consumer Law) before publishing or relying upon it. OnShowing and the author accept no liability for any issues arising from the use of this template.

These Terms of Service (“Terms”) constitute a binding legal agreement between you (“you”, “your”, “User” or “Customer”) and TMSM HOLDINGS PTY LTD ABN 21 652 596 211 trading as OnShowing, operating as “OnShowing” with its principal place of business at PO Box 999, Hamilton Central QLD 4007, Australia (“we”, “us”, “our” or “OnShowing”) regarding your access to and use of the website https://onshowing.com and the SaaS platform, tools, analytics and content (collectively, the “Service”).

By accessing, registering for, or using the Service, you agree to these Terms and our Privacy Policy. If you are acting on behalf of a company or agency, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Service.

Any new features, tools or functionality added to the Service shall also be subject to these Terms. You can review the most current version of the Terms at any time at https://onshowing.com/terms-of-service. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

1. The Service

OnShowing provides a SaaS platform exclusively for licensed residential real estate agents and agencies in Australia to collect, manage and analyse property showing and buyer-interaction data to generate insights into potential buyers, including but not limited to:

• Buyer engagement tracking and analytics
• Property listing performance insights
• Lead management and buyer interest indicators
• Data-driven reporting tools for agent decision-making
• Integration with third-party real estate platforms and services

We reserve the right to modify, suspend or discontinue any feature of the Service at any time with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

2. Eligibility and Account Registration

2.1 Eligibility

To use the Service, you must be:

• A licensed real estate agent or an authorised representative of a licensed real estate agency in Australia
• At least 18 years of age (or the age of majority in your jurisdiction)
• Legally capable of forming a binding contract

2.2 Account Registration

When registering for an account, you agree to:

• Provide accurate, current and complete information during registration and keep it updated, including your email address and payment details, so that we can complete your transactions and contact you as needed
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

We may refuse service to anyone, suspend or terminate any account at our sole discretion if we believe continued use would expose us to legal or regulatory risk, or if any information provided is found to be inaccurate, misleading or in violation of these Terms.

3. Subscriptions, Fees and Payment

Access to the Service is provided on a subscription basis. Current plans, pricing and billing details are available on our website or in your order confirmation.

3.1 Fees and Billing

• Fees are charged in advance (monthly, quarterly or annually as selected) and are exclusive of GST. You must pay any applicable GST.
• We may change prices with at least 30 days’ written notice. Continued use after the change constitutes acceptance. Prices are subject to change without notice for new subscribers.
• Payments are processed automatically via your designated payment method. You authorise us to charge your payment method for recurring fees.
• Late payments may incur interest at 1.5% per month (or the maximum permitted by law). We may suspend your access until payment is received.
• You agree to provide current, complete and accurate billing information and to promptly update any changes.

3.2 Cancellation and Refunds

• You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period.
• No refunds are provided for partial months or unused portions unless required by the Australian Consumer Law.
• Refund requests will be assessed on a case-by-case basis in accordance with applicable law.

3.3 Billing Errors

We reserve the right to refuse or cancel any subscription in our sole discretion. In the event that we make a change to or cancel a subscription, we may attempt to notify you by contacting the email address and/or billing information provided at the time the subscription was created. We reserve the right to limit or prohibit subscriptions that, in our sole judgement, appear to be placed by unauthorised parties.

4. Free Trials

We may offer free trial periods for certain subscription plans at our discretion. At the end of a free trial, your subscription will automatically convert to a paid plan unless you cancel before the trial period ends. We reserve the right to limit free trial availability to one per user or entity.

5. Licence and Restrictions

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service solely for your internal business purposes as a licensed residential real estate agent during your active subscription.

You must not:

• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying structure of the Service
• Copy, modify, adapt, translate or create derivative works of the Service
• Use the Service for any competitive purpose or to develop a competing product or service
• Scrape, crawl or use any automated means to access or extract data from the Service without our prior written consent
• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us
• Share your account or allow access by anyone other than your authorised employees or contractors who are bound by equivalent confidentiality obligations
• Use the Service in any way that violates applicable laws, including real estate licensing laws, privacy laws or anti-spam legislation
• Upload or transmit any harmful code, viruses or material that infringes third-party rights

6. Prohibited Uses

In addition to the restrictions above, you are prohibited from using the Service:

(a) for any unlawful purpose or in violation of any applicable laws (including real estate licensing, privacy or anti-spam laws);
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, state or local regulations, rules, laws or ordinances;
(d) to infringe or violate our or any third party’s intellectual property rights;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, worms, malware or any other malicious code that could affect the functionality or operation of the Service;
(h) to collect or track the personal information of others without consent;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene, immoral or illegal purpose; or
(k) to interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service immediately for any violation of these prohibited uses.

7. Your Data and Buyer Insights

7.1 Ownership and Licence

You retain ownership of all data you upload or input into the Service (“Your Data”). You grant us a worldwide, royalty-free, non-exclusive licence to host, use, copy, process, display and analyse Your Data solely to provide, maintain, improve and protect the Service (including generating aggregated, anonymised insights that do not identify you or individual buyers).

7.2 Your Responsibilities

You represent and warrant that you have all necessary rights, consents and permissions (including from potential buyers under the Australian Privacy Principles) to provide Your Data to us. You are solely responsible for the accuracy, legality and compliance of Your Data.

7.3 Buyer Insights Disclaimer

Important: Insights are generated from the data you supply and are for informational purposes only. They do not constitute guarantees of buyer interest, purchase intent or any outcome. We do not verify buyer information and make no representations about its accuracy or completeness. You are solely responsible for any decisions or actions taken based on the insights.

7.4 Data Portability and Deletion

Upon termination of your account, you may request a copy of Your Data in a standard, machine-readable format. We will retain Your Data for a reasonable period following termination to allow for data export, after which it will be securely deleted in accordance with our data retention policies and applicable law.

8. User Submissions and Feedback

If you send us any comments, suggestions, proposals, ideas, feedback or other materials (collectively “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any Submissions in any medium. We have no obligation to (1) maintain any Submissions in confidence; (2) pay compensation for any Submissions; or (3) respond to any Submissions.

You agree that your Submissions will not violate any right of any third party (including copyright, trademark, privacy or other personal or proprietary rights), contain libelous or otherwise unlawful, abusive or obscene material, contain any computer virus or other malware, or use a false email address or otherwise mislead us or third parties as to the origin of any content. You are solely responsible for the accuracy and legality of your Submissions.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory or otherwise objectionable or that violates any party’s intellectual property or these Terms.

9. Data Transmission and Security

You understand that your content (not including payment card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.

We implement commercially reasonable technical and organisational measures to protect Your Data. However, no method of electronic storage or transmission over the internet is 100% secure, and we cannot guarantee absolute security.

10. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. You are the data controller of any personal information in Your Data; we act as a data processor. You must obtain all required consents and comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs).

We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth). If you have concerns about how your personal information is handled, you may lodge a complaint with us or with the Office of the Australian Information Commissioner (OAIC).

11. Electronic Communications

By creating an account on the Service, you consent to receiving electronic communications from us, including but not limited to emails, notifications within the Service and other digital messages. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of non-essential marketing communications at any time through your account settings or by using the unsubscribe mechanism in any marketing email. This does not affect transactional or service-related communications, which are necessary for the operation of the Service.

12. Third-Party Tools, Links and Services

We may provide access to third-party tools, integrations or services over which we have no control. These are provided “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Your use of third-party tools is entirely at your own risk. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or integrations.

The Service may contain links to third-party websites. We are not responsible for examining or evaluating their content, accuracy or practices. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Review their terms and policies before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

13. Intellectual Property

We (or our licensors) own all right, title and interest in the Service, including all software, designs, text, graphics, logos, icons, images, trademarks and all related intellectual property. The Service is protected by Australian and international intellectual property laws. Nothing in these Terms transfers any ownership rights to you beyond the limited licence granted in Section 5.

Any Feedback you provide is licensed to us on a perpetual, irrevocable, worldwide, royalty-free basis to use, modify and incorporate into the Service without obligation to you.

14. Accuracy of Information

We are not responsible if information made available through the Service is not accurate, complete or current. All material is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on information provided through the Service is at your own risk.

The Service may contain certain historical or aggregated information provided for reference only. We reserve the right to correct errors, inaccuracies or omissions and to change or update information at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service except as required by law.

15. Disclaimers and Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without any representations, warranties or conditions, express or implied (including merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement).

We do not guarantee that the Service will be uninterrupted, timely, secure or error-free, or that buyer insights will be accurate or reliable. We do not guarantee the accuracy, completeness or usefulness of any data, analytics or insights provided through the Service. Your use of the Service is at your sole risk.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.

16. Limitation of Liability

In no case shall OnShowing, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service, or for any other claim related in any way to your use of the Service, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content made available via the Service, even if advised of their possibility.

To the fullest extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to these Terms or the Service is limited to the total fees you paid to us in the 12 months immediately preceding the event giving rise to the claim.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend and hold harmless OnShowing, its parent, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers and interns from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of:

• Your use of the Service (including decisions based on insights)
• Your breach of these Terms or the documents they incorporate by reference
• Your Data or any buyer information
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party

18. Termination

18.1 Termination by You

You may cancel your subscription at any time via your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. Termination does not entitle you to a refund of any prepaid fees except as required by applicable law.

18.2 Termination by Us

We may suspend or terminate your access to the Service immediately for breach, non-payment, or if we reasonably believe your use poses a legal, regulatory or security risk. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

18.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Sections 7, 8, 10, 13, 15, 16, 17, 19 and 20 survive termination.

19. Changes to These Terms

You can review the most current version of the Terms of Service at any time at https://onshowing.com/terms-of-service.

We may update these Terms from time to time. We will notify you by email or through the Service at least 30 days before material changes take effect. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

20. Governing Law and Dispute Resolution

20.1 Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law principles.

20.2 Dispute Resolution

Any dispute must first be attempted to be resolved by good-faith negotiation. If unresolved within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre before commencing litigation. If mediation fails, the dispute shall be submitted to the non-exclusive jurisdiction of the courts of Queensland, Australia.

21. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any order form or agreement expressly incorporated by reference, constitute the entire agreement between you and OnShowing regarding the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Severability. If any provision is held unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or internet or telecommunications failures.

Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Notices. All notices required or permitted under these Terms must be in writing and sent to the address or email associated with your account, or to such other address as may be designated by either party from time to time.

22. Contact Us

Questions about these Terms of Service should be sent to us at:

OnShowing
PO Box 999
Hamilton Central QLD 4007
Australia
Help us fight spam. Use our contact form to reach out: https://onshowing.com/contact
Website: https://onshowing.com

By using OnShowing, you acknowledge that you have read, understood and agree to be bound by these Terms.

Last Updated: 1 March 2026