1. About Mowhawk

Mowhawk Pty Ltd (ABN 40 087 351 102) operates the Mowhawk platform, which enables property owners, buyers, renters, landlords, tradespeople, strata managers, and other participants to transact directly in relation to real property in Australia, reducing reliance on traditional intermediaries.

Mowhawk does not act as a real estate agent, property manager, conveyancer, or legal practitioner. Where regulated services are required (such as conveyancing and settlement), Mowhawk facilitates access to a network of appropriately licensed professionals who provide those services independently.

Mowhawk is a self-management platform. Landlords who use the platform to manage rental properties remain the "rental provider" at law and retain all obligations under applicable tenancy legislation.

2. Acceptance of Terms

By registering an account, accessing the platform, or using any Mowhawk service, you agree to be bound by:

• These Platform Terms & Conditions;
• Any Role-Specific Terms applicable to the role(s) you select;
• Our Privacy Policy;
• Any additional terms presented at the time of accessing specific features or services.

If you do not agree, you must not use the platform. These terms supersede all prior agreements between you and Mowhawk relating to the platform.

3. Eligibility

To use the Mowhawk platform, you must:

• Be at least 18 years of age;
• Have legal capacity to enter into binding contracts under Australian law;
• Not be prohibited from using the platform by any applicable law or order;
• Provide accurate and complete information at registration and keep it current.

Corporate users warrant that the individual creating the account has authority to bind the entity.

4. Account Registration and Security

4.1 Registration

You must provide true, accurate, current, and complete information and update your details as necessary.

4.2 Verification

Mowhawk uses identity verification processes (including Verification of Identity under ARNECC standards where required). You agree to complete verification steps as prompted. Failure to complete required verification may restrict your access to certain features.

4.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify Mowhawk immediately at legal@mowhawk.com.au if you suspect unauthorised access.

4.4 One Account Per Person

Each individual may hold only one personal account. Creating duplicate accounts or impersonating another person is prohibited and will result in immediate suspension.

5. Platform Services

5.1 Services Overview

Mowhawk provides, or facilitates access to, the following services (subject to feature availability and your selected role):

• Private sale and auction listing for residential property;
• Buyer search, property inspection scheduling, and offer submission;
• Rental listing, tenancy application processing, and lease management;
• Landlord self-management tools including maintenance requests and rent tracking;
• AI-assisted document drafting and contract preparation;
• Access to a network of licensed Victorian conveyancers for settlement services;
• A trades marketplace connecting property owners with licensed and verified tradespeople;
• Strata management tools for owners corporations.

5.2 No Agency

Mowhawk is a technology intermediary only. Mowhawk does not act as your agent, solicitor, financial adviser, property manager, or conveyancer. Mowhawk does not hold a real estate agent's licence.

5.3 Third-Party Professionals

Where Mowhawk facilitates access to third-party professionals (such as conveyancers or tradespeople), those professionals operate independently and are solely responsible for the services they provide. Mowhawk is not liable for any act or omission of a third-party professional.

5.4 Service Availability

Mowhawk does not guarantee uninterrupted or error-free platform access.

6. Fees and Payments

6.1 Platform Fees

Mowhawk charges flat fees for access to specific services. All fees are in Australian dollars and inclusive of GST unless stated otherwise.

6.2 Payment Processing

Payments are processed via Stripe. By making a payment, you agree to Stripe's terms of service. Mowhawk does not store credit card or bank account details.

6.3 Refunds

Fees paid for platform access subscriptions are non-refundable except where required by the Australian Consumer Law. Fees for specific transaction services are subject to the terms disclosed at the time of purchase.

6.4 Late Payment

Where recurring fees fail, Mowhawk may suspend access to the relevant services until outstanding amounts are settled.

7. User Conduct

You must not use the platform to:

• Post false, misleading, or fraudulent information;
• Harass, intimidate, or abuse other platform users;
• Circumvent or attempt to circumvent Mowhawk's fee structure;
• Scrape, copy, or reproduce platform content without authorisation;
• Introduce malware, viruses, or other harmful code;
• Use the platform for any unlawful purpose;
• Attempt to gain unauthorised access to other users' accounts or platform systems;
• Engage in conduct that is discriminatory under Australian law.

You are solely responsible for all content you submit to the platform and you warrant that your content does not infringe any third party's intellectual property rights.

8. Listings and Content

8.1 Accuracy

You are solely responsible for the accuracy, completeness, and legality of any listing or content you publish. Mowhawk does not verify listing content.

8.2 Prohibited Content

Listings must not contain false or misleading information, discriminatory restrictions, or content that violates applicable law.

8.3 Removal

Mowhawk reserves the right to remove any listing or content that it believes violates these terms or applicable law, without notice and without liability.

8.4 Licence to Mowhawk

By submitting content to the platform, you grant Mowhawk a non-exclusive, royalty-free, worldwide licence to use, display, and distribute that content in connection with the operation of the platform.

9. Privacy and Data

Mowhawk collects and handles personal information in accordance with its Privacy Policy, available at mowhawk.com.au/privacy. By using the platform, you consent to the collection and use of your personal information as described in that policy. Mowhawk complies with the Privacy Act 1988 (Cth) and applicable Australian Privacy Principles.

10. Intellectual Property

All intellectual property in the Mowhawk platform, including software, design, branding, and trademarks, is owned by or licensed to Mowhawk. Nothing in these terms grants you any ownership rights in Mowhawk's intellectual property. You may not reproduce, modify, distribute, or create derivative works of Mowhawk's intellectual property without prior written consent.

11. Disclaimers

To the maximum extent permitted by law:

• The platform is provided on an "as is" and "as available" basis without warranties of any kind;
• Mowhawk does not warrant that the platform will be uninterrupted, secure, or error-free;
• Mowhawk does not warrant the accuracy of property data, market information, or AI-generated content;
• AI-assisted document drafting tools are provided for convenience only and do not constitute legal advice — you must obtain independent legal review of any legally significant document.

Where the Australian Consumer Law implies warranties that cannot be excluded, Mowhawk's liability is limited to resupplying the relevant service or paying the cost of having it resupplied.

12. Limitation of Liability

To the maximum extent permitted by law, Mowhawk's total aggregate liability to you for any claim arising from your use of the platform is limited to the fees you have paid to Mowhawk in the 12 months preceding the claim.

Mowhawk is not liable for any indirect, incidental, consequential, special, or punitive loss, including loss of profits, loss of data, or loss of opportunity, even if advised of the possibility of such loss. Nothing in these terms excludes liability that cannot be excluded under the Australian Consumer Law or other applicable law.

13. Indemnification

You agree to indemnify and hold harmless Mowhawk, its officers, employees, and agents from and against any claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the platform;
• Your breach of these terms;
• Any content you submit;
• Your violation of applicable law or the rights of any third party.

14. Third-Party Links and Services

The platform may contain integrations with third-party services including Google Maps, Stripe, and Twilio. These services are subject to their own terms and privacy policies. Mowhawk is not responsible for the content, security, or practices of third-party services.

15. Termination

15.1 By Mowhawk

Mowhawk may suspend or terminate your account at any time with or without notice if you breach these terms, engage in fraudulent or harmful conduct, or if Mowhawk ceases to provide the relevant service.

15.2 By You

You may close your account at any time by contacting legal@mowhawk.com.au. Closing your account does not entitle you to a refund of pre-paid fees.

15.3 Effect of Termination

On termination, your right to access the platform ceases immediately. Provisions that by their nature should survive termination — including limitation of liability, indemnification, and intellectual property — continue to apply.

16. Dispute Resolution

16.1 Informal Resolution

Please contact legal@mowhawk.com.au in the first instance. Mowhawk will endeavour to resolve disputes within 14 business days.

16.2 Mediation

If a dispute cannot be resolved informally, the parties agree to attempt mediation through a mutually agreed mediator before commencing court proceedings.

16.3 Consumer Complaints

Nothing in this clause limits your rights to complain to Consumer Affairs Victoria or the Office of the Australian Information Commissioner.

17. Governing Law

These terms are governed by the laws of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.

18. Amendments

Mowhawk may update these terms from time to time. Where a material change is made, Mowhawk will notify you via email or in-platform notification at least 14 days before the change takes effect. Continued use of the platform after the effective date constitutes acceptance of the updated terms.

19. General

19.1 Entire Agreement

These terms, together with any applicable Role-Specific Terms, constitute the entire agreement between you and Mowhawk with respect to the platform.

19.2 Severability

If any provision is found to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and remaining provisions continue in full force.

19.3 No Waiver

Mowhawk's failure to enforce any right or provision shall not constitute a waiver of that right.

19.4 Assignment

You may not assign your rights or obligations without Mowhawk's prior written consent. Mowhawk may assign its rights to a related entity or in connection with a business sale.

20. Contact

Mowhawk Pty Ltd
Email: legal@mowhawk.com.au
Website: mowhawk.com.au