Terms of Use

1.1 Agent MQ is an online platform operated by MarkQ that allows approved partner agents to view MarkQ's house-and-land packages, register client enquiries, and manage their deal pipeline.

1.2 These Terms of Use (“Terms”) govern your access to and use of Agent MQ. By requesting access, activating an account, or using the platform, you agree to these Terms for yourself and on behalf of the agency you represent.

1.3 If you do not agree to these Terms, do not access or use Agent MQ.

1.4 These Terms are separate from any Partner Agreement, Referral Agreement or commission arrangement between MarkQ and your agency. For commercial matters (fees, commissions, referrals) that agreement prevails; for use of the platform, these Terms prevail.

“Client” means a prospective purchaser whose details you register in Agent MQ. “Client Data” means personal information about a Client. “Package” means a house-and-land package or building offer listed by MarkQ. “Partner Agent”, “you” and “your” mean the person and agency accessing Agent MQ. “Platform” means the Agent MQ website, portal and related services. “AML/CTF Laws” has the meaning given in clause 5.1.

3.1 Agent MQ is a closed platform. Accounts are provisioned by MarkQ or your agency administrator. There is no public sign-up.

3.2 You must be at least 18 years old and authorised by your agency to use Agent MQ and to accept these Terms.

3.3 You must provide accurate account details and keep them up to date.

3.4 You are responsible for your login credentials and for all activity under your account. Keep your credentials confidential, do not share logins, and enable multi-factor authentication where it is offered.

3.5 Notify us immediately at admin@markq.com.au if you suspect any unauthorised access to your account.

3.6 Acting reasonably, we may provision, configure permissions for, suspend or revoke accounts.

4.1 You warrant that you and your agency hold all licences, registrations and authorisations required to carry out your activities in each State or Territory in which you operate, including any real estate agent licence or certificate of registration required under the Property and Stock Agents Act 2002 (NSW), the Property Occupations Act 2014 (Qld), or the equivalent law of the relevant State or Territory.

4.2 You will comply with all laws that apply to your dealings with Clients and with MarkQ, including that legislation, the Australian Consumer Law, the AML/CTF Laws (clause 5), the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth).

4.3 You must not use Agent MQ to perform any activity for which you are not appropriately licensed. You acknowledge that receiving a fee or other reward for introducing a purchaser of land can require a real estate licence, and that ensuring your arrangements are lawful is your responsibility.

4.4 You must tell us promptly if any licence or registration you rely on is suspended, cancelled, or made subject to conditions.

5.1 In this clause, “AML/CTF Laws” means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the rules and instruments made under it, as amended (including by the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth)), which from 1 July 2026 apply to real estate and property-related designated services.

5.2 You acknowledge that brokering, selling or transferring real estate — including selling house-and-land packages — can be a “designated service” under the AML/CTF Laws, so that you, your agency and/or MarkQ may be a “reporting entity” with obligations to AUSTRAC, and that where an agent brokers a sale both the buyer and the seller may be treated as the customer.

5.3 You must comply with your own obligations under the AML/CTF Laws where they apply to you, including: enrolling and registering with AUSTRAC; maintaining an AML/CTF program; appointing an AML/CTF compliance officer; carrying out customer due diligence (verifying a customer's identity) before providing a designated service, and enhanced due diligence for higher-risk customers; ongoing customer monitoring; sanctions and politically-exposed-person screening; submitting suspicious matter reports and any threshold transaction reports; and keeping records for the required period.

5.4 You must not use Agent MQ, or a Client registration, to engage in, assist, or conceal money laundering or terrorism financing, or to avoid an AML/CTF obligation.

5.5 Where MarkQ has AML/CTF obligations in relation to a transaction, you must cooperate with MarkQ's customer due diligence — including by collecting and promptly providing accurate identity and verification information about the Client that MarkQ reasonably requires — and you must not do anything that would cause MarkQ to breach the AML/CTF Laws.

5.6 You must not disclose to a Client or any other person that a suspicious matter report has been, will be, or is being considered or prepared, or disclose related information, except as permitted by the AML/CTF Laws (the prohibition on “tipping off”).

5.7 MarkQ may delay, suspend or decline to provide a service, or suspend your access, where it reasonably considers it necessary to meet its AML/CTF obligations, or where required customer due diligence has not been completed.

5.8 This clause operates in addition to, and does not limit, each party's independent obligations under the AML/CTF Laws.

6.1 You may use Agent MQ only to: view Packages; register genuine Client enquiries with the Client's knowledge and consent; communicate with MarkQ; and manage your own pipeline.

7.1 Before you enter any Client's personal information into Agent MQ, you must have: (a) collected it lawfully; (b) given the Client a collection notice that covers disclosure to MarkQ and its related entities; and (c) obtained the Client's consent to that disclosure and to being contacted by MarkQ about Packages.

7.2 You warrant that you have handled Client Data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in collecting and disclosing it to us.

7.3 You must only enter Client Data that is accurate and reasonably necessary. Do not enter sensitive information (such as health information) unless it is necessary and the Client has consented.

7.4 Our handling of Client Data is described in the Agent MQ Privacy Policy.

7.5 You indemnify MarkQ against loss, claims and liability to the extent they arise from your breach of this clause 7 or from your unlawful handling of Client Data.

8.1 You must only use marketing materials, pricing and Package information that MarkQ has provided or approved.

8.2 You must not make any representation to a Client about a Package — including price, inclusions, timeframes, finance, rental return, capital growth, or tax outcomes — that is not contained in current MarkQ-approved materials.

8.3 You must not engage in misleading or deceptive conduct, or make false or misleading representations, contrary to the Australian Consumer Law.

8.4 MarkQ is not bound by any statement you make that is outside approved materials, and you are responsible for such statements.

9.1 MarkQ (or its licensors) owns the Platform, its content, and the Agent MQ and MarkQ brands and trade marks.

9.2 We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform for the permitted purpose while your account is active.

9.3 You must not use the Agent MQ or MarkQ names, logos or trade marks except as we approve in writing.

10.1 Package pricing, lead information, and non-public information about the Platform are confidential. You must keep them confidential, use them only for the permitted purpose, and not disclose them except as required by law. This clause survives termination.

11.1 Unless your Partner Agreement states otherwise, access to Agent MQ is provided at no charge.

11.2 Any commission or referral fee is governed by your Partner / Referral Agreement, not by these Terms.

12.1 We aim to keep Agent MQ available but do not warrant that it will be uninterrupted or error-free. We may carry out maintenance and may update, change or withdraw features on reasonable notice.

12.2 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded (“Non-excludable Rights”).

12.3 To the extent we are entitled to limit our liability for failure to comply with a consumer guarantee, our liability is limited to re-supplying the relevant service or paying the cost of having it re-supplied.

13.1 Subject to your Non-excludable Rights and to the extent permitted by law: (a) neither party is liable to the other for indirect or consequential loss, or loss of profit, data, goodwill or business; and (b) our total aggregate liability arising out of or in connection with Agent MQ is limited to the total fees you paid us for the Platform in the 12 months before the claim.

13.2 Each party's liability is reduced to the extent the other party's act or omission caused or contributed to the loss.

14.1 Either party may terminate your access to Agent MQ on 30 days' written notice.

14.2 We may suspend or terminate your access immediately if you breach these Terms, if a licence or registration you rely on is lost, or if we reasonably suspect misuse or a risk to Client Data or the Platform.

14.3 On termination you must stop using Agent MQ. Clauses 5, 7, 9, 10 and 13, and any clause that by its nature should survive, continue after termination.

15.1 We may update these Terms. We will give you reasonable notice — at least 14 days for material changes — by email or in-platform notice, stating when the change takes effect.

15.2 If you continue to use Agent MQ after a change takes effect, you accept the updated Terms. If you do not agree, you may stop using the Platform before that date.

16.1 These Terms are governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

16.2 Nothing in this clause limits your rights under the Australian Consumer Law in your home State or Territory, or your ability to complain to the relevant consumer protection or fair trading regulator.

16.3 Before starting court proceedings, the parties will attempt in good faith to resolve any dispute, including through negotiation or mediation.

17.1 We may assign these Terms to a related entity or in connection with a sale of our business; you may not assign your rights without our consent.

17.2 If any provision is unenforceable, it is severed and the rest continues in force.

17.3 A failure to enforce a provision is not a waiver of it.

17.4 These Terms (together with the Privacy Policy and your Partner Agreement) set out the entire agreement about your use of the Platform. This clause does not exclude liability for any representation that cannot lawfully be excluded.

17.5 Notices to you may be given by email or in-platform; notices to us must be sent to admin@markq.com.au.