Legal
Privacy Policy
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Last Updated: 25 AUG 2025
APPLICABLE TO ALL CUSTOMERS
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PublicSquare Technology Pty Ltd (“PublicSquare”, “we”, “our”, “us”) respects your privacy and is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
This Privacy Policy applies to our websites (including publicsquare.com.au and subdomains such as hello.publicsquare.com.au), communications (email, SMS, phone), and any services we provide. By using our services, you consent to the practices described below.
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We collect information necessary to provide our products and services, including:
Your name, email address, and mobile number.
Information about co-applicants, co-investors or affiliated parties you authorise us to receive.
Payment and billing details where needed for transactions.
Technical data (e.g. IP address, browser type, access times, referring site).
Non-identifiable information (e.g. suburb/region, testimonials) for marketing and analysis.
We may also use cookies and similar technologies to personalise your experience, remember preferences and analyse site usage. You can disable cookies in your browser, but some features may not function as intended.
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We use your personal information to:
Deliver and manage our services and communications.
Assess your eligibility for our products (including payment serviceability checks).
Provide you with updates and offers relevant to your interests.
Improve our services, website and customer experience.
We do not sell or rent your information. We may share it with trusted service providers (e.g. for hosting, communications, analytics, compliance checks), who must keep it secure and use it only for agreed purposes.
We may also disclose your information where required by law, to protect our rights or property, or to ensure user and public safety.
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We take steps to protect your information, including SSL encryption and secure hosting through contracted third-party providers. While we aim for high standards of security, no internet transmission or storage system is completely secure.
We keep personal information only as long as needed for the purposes described in this policy, or as required by law.
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You have the right to:
Request access to the personal information we hold about you.
Request correction or deletion of your information (subject to legal and contractual requirements).
Opt out of marketing at any time by unsubscribing from emails, replying to SMS, or contacting us.
Please note we may need to retain certain information to comply with law, prevent fraud, complete transactions, or fulfil contractual obligations.
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Last Updated: 06 SEP 2025
APPLICABLE TO ALL CUSTOMERS
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1.1 These Terms govern your use of the PublicSquare Technology Pty Ltd (PublicSquare, we, us, our) platform, content and services (Services).
1.2 By using the Services, creating an account, submitting information, or paying any fees, you agree to these Terms.
1.3 These Terms apply to all customers, including individuals and entities (e.g. companies, trustees, SMSFs).
1.4 If you are entering these Terms on behalf of an entity, you confirm you are authorised to bind that entity.
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Customer, you and your mean the person or entity using the Services.
Platform means our websites, applications, tools, content, calculators and related technology.
Partners means third parties we introduce or work with (e.g. lawyers, mortgage brokers, accountants, property managers, builders, developers, sellers, investors).
Pathways means any pathways to property ownership facilitated by PublicSquare.
Fees means amounts payable for the Services.
Transaction Documents means any agreements, appointments, forms or instruments executed in connection with the Pathways, including contracts of sale, leases/tenancies, option deeds, participation agreements, agency appointments (e.g., QLD Form 6), disclosures and special conditions.
Business Day means a day other than a Saturday, Sunday or public holiday in Queensland, Australia.
Homebuyer means a Customer who enters into an arrangement under which they lease a Property with the intention of purchasing it at a later date, as documented in the Transaction Documents.
Investor means a Customer who participates in an arrangement facilitated by PublicSquare as an Owner, counterparty, or financier of a Property, as documented in the Transaction Documents.
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3.1 We provide support related to home ownership, including eligibility views, property searches, investor matchmaking, introductions to Partners, and end-to-end guidance relating to the Pathways.
3.2 We may introduce you to licensed third-party providers. Their services are provided under their own terms and fees, and you are responsible for those relationships.
3.3 We and our staff (unless specifically licensed) do not provide legal, financial planning, tax agent, credit or accounting advice; we do not hold an Australian Financial Services Licence (AFSL) or an Australian Credit Licence (ACL). You should obtain independent professional advice before acting or signing any documents.
3.4 Our Services rely on the information you provide.
3.5 We may act for vendors and property managers. We do not act as your agent unless we are separately and expressly appointed in writing.
3.6 Official real-estate documents (state-based forms): From time to time we may provide you with official real-estate forms required by law in your state or territory (for example, a Form 6 Appointment of Property Agent in Queensland) and other agency appointments or disclosures. These documents define any authority we may have to act for you, our remuneration (if any), and other statutory terms. No agency relationship is created unless and until the relevant appointment is properly executed. If an agency appointment applies, its terms govern the scope of our authority and prevail over any inconsistent statement in these Terms to the extent of any inconsistency.
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4.1 All fees payable to PublicSquare are published or otherwise made available through PublicSquare’s official channels (including its website, home page, calculator breakdowns, guides and related materials). You are responsible for reviewing and understanding these fees before proceeding with PublicSquare's services. By engaging PublicSquare’s services, you acknowledge and agree to the fees in effect at the time of engagement. Before selecting a property, you may request a full fee disclosure from your PublicSquare representative
4.2 PublicSquare may change its fees at any time without prior notice; however, changes will not affect transactions that PublicSquare, in its sole discretion, deems already underway (for example, where a property has been selected).
4.3 Where you are a Homebuyer under lease facilitated by PublicSquare, all day-to-day support, administration and communications must be directed through PublicSquare. For this service, you must pay PublicSquare’s weekly Customer Support Fee of $33 per week, as accounted for in the Calculator on our website, during the full term of the lease. This fee is separate from Rent and Contributions and remains payable in addition to any other amounts due. It is also a condition of maintaining eligibility for PublicSquare’s Future Mortgage Guarantee.
4.4 Unless required by law, approved on compassionate or extenuating grounds, expressly stated on an invoice, or approved in writing by an authorised PublicSquare representative, all PublicSquare fees are strictly non-refundable. If a refund is approved, PublicSquare may deduct any reasonable costs, expenses or third-party charges (including payment processing fees) incurred in connection with the services.
4.5 Unless otherwise stated, fees include GST. Tax invoices and receipts are available on request.
4.6 Invoice due dates will be stated on each invoice. Late payments may incur interest at the rate permitted under applicable law, calculated daily and payable on demand. PublicSquare may change accepted payment methods with reasonable notice. You authorise PublicSquare to debit any nominated account or payment method for fees as they fall due, and PublicSquare may set off any amounts it owes to you against amounts you owe to PublicSquare.
4.7 You are responsible for any taxes, levies or charges imposed in connection with payments, other than PublicSquare’s income tax.
4.8 Any dispute relating to fees must be raised in writing within 14 days of the invoice date; failure to do so constitutes acceptance of the invoice. PublicSquare’s failure to enforce fee terms at any time does not constitute a waiver of its rights. Fee obligations incurred prior to termination or expiry will survive such termination or expiry.
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5.1 We will provide the Services with reasonable care and skill, based on the information you provide.
5.2 We will offer access to educational tools and resources to support your decision-making.
5.3 We may introduce you to qualified professionals (e.g. lawyers, mortgage brokers, accountants, property managers). They may charge their own Fees.
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6.1 If Services are provided for multiple parties, we may rely on information provided by any of them.
6.2 You agree to provide requested information to us and (as relevant) to Partners within three (3) Business Days of request or sooner when instructed that time is of the essence.
6.3 You agree to keep information provided to PublicSquare consistent with information provided to Partners.
6.4 You agree to read documents we provide and ask questions if anything is unclear. Our documents and tools are general in nature and are not legal, financial, tax, credit or accounting advice.
6.5 You agree to keep your contact details current and to contact us using the details on our website or as otherwise provided.
6.6 You must promptly notify us if you are, or become, insolvent or bankrupt, or at risk of insolvency/bankruptcy.
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7.1 Third-party services. Third-party services are provided under the third party’s terms and fees; you are responsible for those relationships.
7.2 Introductions and sharing details. You authorise us to facilitate introductions (including to sellers, builders, developers and their representatives) and, where relevant and as permitted by our Privacy Policy, to share your basic contact details with property managers for properties of interest or selection.
7.3 We are not responsible for third parties. We are not liable for any act, omission, advice, statement or failure of any third party (including Partners).
7.4 Facilitated agreements between Customers. We may coordinate or facilitate agreements between Customers (for example, between homebuyers and investors) and provide or arrange template documents such as call option deeds, lease/tenancy documents, participation agreements, or similar Pathways documentation (Transaction Documents). Unless we expressly sign as a party, we are not a party to Transaction Documents and do not hold fiduciary duties in respect of them. You must obtain independent legal, financial and tax advice before signing.
7.5 Document precedence: If there is any inconsistency between documents, the following order applies (highest to lowest):
(a) executed Transaction Documents (including contracts of sale, leases/tenancies, option deeds, agency appointments, and any special conditions);
(b) required state/territory real-estate forms and disclosures;
(c) any specific written variation signed by the relevant parties;
(d) these Terms;
(e) our website/app content and marketing materials.
7.6 Electronic signatures & counterparts. Transaction Documents and state forms may be executed electronically and in counterparts. A digital or e-signed copy is treated the same as an original, to the extent permitted by law.
7.7 State & territory variations. Real-estate processes and forms differ by jurisdiction. We may issue jurisdiction-specific documents. Where local law requires different wording or process, local law and the executed Transaction Documents prevail.
7.8 Funds handling and trust accounts. Any deposits, rents, option fees or other monies payable under Transaction Documents are handled in accordance with those documents and applicable law. Where monies must be held in trust, they will be held in a compliant trust account by us or a licensed agent/property manager, as specified in the relevant Transaction Documents. Disbursements, refunds and timing are governed by those documents.
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8.1 You may receive information, documentation, systems, strategies and processes that are proprietary, confidential or commercially sensitive to PublicSquare (Confidential Information). You must keep Confidential Information strictly confidential and use it only for evaluating or participating in the Services and Pathways.
8.2 Permitted disclosures: (a) to your legal/financial/tax advisers on a need-to-know basis where they are bound by confidentiality; (b) where required by law, regulation or court order, provided you give us prompt written notice (where legally permissible) and disclose only what is strictly required.
8.3 Carve-outs: these obligations do not apply to information that is already known to you without confidentiality obligations, is or becomes public (other than through your breach), or is independently developed by you without reference to our Confidential Information; nor do they restrict your general skills and experience.
8.4 You must promptly notify us of any suspected or actual unauthorised access, use or disclosure of Confidential Information and cooperate with reasonable remedial steps.
8.5 Non-compete: for two (2) years from the later of (i) the date you first receive Confidential Information, or (ii) the termination or expiry of any engagement with us, you must not directly or indirectly establish, operate, advise, finance or be involved in any business or enterprise that offers, facilitates or promotes Pathways or materially similar pathways to property ownership, in Australia or internationally, to the extent permitted by law.
8.6 Non-solicitation / non-dealing: for the same two-year period, you must not solicit, entice, deal with or attempt to influence any of our clients, prospective clients, referral or channel partners, builders, developers, property managers, sellers or investors that we introduce to you or that you become aware of through the Services, in order to bypass PublicSquare or divert business, to the extent permitted by law.
8.7 Remedies: you acknowledge these obligations are reasonable and necessary to protect our legitimate interests. A breach may cause irreparable harm. We may seek injunctive or equitable relief, in addition to any other remedies.
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9.1 We own all intellectual property in the Platform and Services, including our brand, trademarks (including PublicSquare®), tools, calculators, content, data compilations, designs and reports.
9.2 We grant you a limited, revocable, non-transferable licence to use the Platform and Services for your personal or internal business purposes in connection with the Pathways. You must not copy, adapt, reverse engineer, decompile, commercialise, or use our materials to develop competing products, services or business models without our prior written consent.
9.3 PublicSquare® is a registered trademark (No. 2315715).
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10.1 We may contact you by email, SMS or phone for service-related communications. You consent to receive marketing communications and can opt-out at any time (service notices may still be sent).
10.2 Formal notices to PublicSquare must be emailed to your PublicSquare representative
10.3 A notice sent by email is deemed received on the date sent.
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11.1 We do not guarantee any specific financial outcome or that any property will be secured or transacted. Property markets involve risk.
11.2 To the maximum extent permitted by law, we are not liable for any act, omission, advice, statement or failure of any third party (including Partners).
11.3 To the maximum extent permitted by law, our aggregate liability for all claims arising out of or in connection with the Services in any 12-month period is capped at the total Fees paid by you to us in that 12-month period.
11.4 To the maximum extent permitted by law, we exclude liability for indirect, special or consequential loss, loss of profit, loss of opportunity and loss of goodwill.
11.5 You indemnify us against claims, losses, damages, costs and liabilities (including legal costs) arising from: (a) your misuse of the Services, (b) your breach of these Terms, or (c) your infringement of third-party rights.
11.6 Nothing in these Terms limits your rights under the Australian Consumer Law. This clause survives termination.
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12.1 You must be at least 18 years old to use the Services.
12.2 International customers may use the Services, but these Terms are governed by Australian law as set out below.
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13.1 We may update the Services from time to time.
13.2 We may update these Terms by posting the updated version on our website/app. Your continued use after posting constitutes acceptance of the updated Terms.
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14.1 These Terms start when you first use the Services or pay Fees.
14.2 We may suspend or terminate the Services (with Fees forfeited where permitted by law) if: (a) you breach these Terms or applicable laws; (b) you or a related party bypass us to deal directly with our Partners, sellers of properties under consideration, or participating investors; (c) you or your representative engage in unacceptable conduct towards our team; (d) you fail to pay Fees; or (e) you provide false or misleading information.
14.3 On termination: amounts due remain payable; your licence ends; you must cease using and, if requested, return or destroy Confidential Information.
14.4 Clauses that by their nature should survive termination do so, including confidentiality, non-circumvention, IP, Fees due, liability, dispute resolution and governing law.
14.5 If documents are not executed, we may decline to proceed, suspend activity or withdraw introductions where required Transaction Documents or agency appointments are not executed, are withdrawn, or are materially altered without our agreement. Any fees already due remain payable per section 4.
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15.1 We handle personal information in accordance with our Privacy Policy available on our website. Please review it for details on collection, use and disclosure.
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16.1 These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.
16.2 If a dispute arises, the parties will first attempt to resolve it in good faith by negotiation, then mediation. If unresolved, either party may commence arbitration or court proceedings.
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17.1 Entire agreement: these Terms are the entire agreement between the parties regarding their subject matter and supersede all prior discussions and understandings.
17.2 Force majeure: neither party is liable for failure to perform due to events beyond reasonable control.
17.3 Severability: if any part is invalid or unenforceable, the remainder remains effective.
17.4 Waiver: a failure to exercise a right is not a waiver of that right.
17.5 Assignment: you must not assign or transfer your rights without our consent; we may assign on notice.
17.6 Survival: provisions intended to survive termination do so.
17.7 Standing effect: protections and obligations that logically continue after your use ceases remain in force.
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18.1 By using the Services, ticking acceptance, signing a document, or paying Fees, you confirm you have read and understood these Terms and agree to be bound by them.
18.2 You acknowledge that additional Fees may apply if you proceed with further documentation related to the Pathways.
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19.1 Disclaimer & Precedence
Terms, fees, conditions and waiting periods may apply. PublicSquare® is a registered trademark (No. 2315715) of PublicSquare Technology Pty Ltd, a real estate, software and educational company holding Queensland real estate licence No. 4555627. The information we provide is general in nature and does not constitute legal, financial, tax, credit or other regulated advice. We do not hold an AFSL or an ACL and we do not provide financial or credit services. Both these Terms and any executed transaction documents apply. These Terms govern your use of the Platform and Services generally. In addition to these terms, specific transactions and pathways—are governed by executed transaction documents (for example, contracts of sale, option deeds, leases/tenancies, participation agreements) and any required state/territory real-estate forms (for example, agency appointments such as a Queensland Form 6). If both address the same subject and there is any inconsistency, the precedence in §7.5 applies (executed transaction documents and required real-estate forms prevail to the extent of the inconsistency). Nothing in our materials is a legally binding offer, warranty or guarantee, and participation is subject to application criteria determined by PublicSquare and is not assured. To the maximum extent permitted by law, PublicSquare disclaims all liability for any representations, whether express or implied, made in connection with our materials.
19.2 Copyright
© PublicSquare Technology Pty Ltd. All rights reserved. Our platform, reports and associated content—including text, graphics, data, layouts, calculators and design elements—are our intellectual property protected under the Copyright Act 1968 (Cth) and international laws. No part may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any form or by any means without our prior written consent. This material is provided for informational purposes only and must not be used for commercial purposes, reverse engineering, or as the basis for developing competing products, services, business models or investment strategies. Unauthorised use may result in civil and/or criminal liability. For permission requests, please speak with your PublicSquare representative.
Future Mortgage Guarantee
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APPLICABLE TO HOMEBUYERS
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1.1 This Future Mortgage Guarantee (Guarantee) is issued by PublicSquare Technology Pty Ltd (PublicSquare, we, us, our), a licensed real estate agent in Australia.
1.2 This Guarantee applies in favour of Homebuyers, defined as tenants who have entered into an arrangement facilitated by PublicSquare, with the intention of purchasing a Property at a later date under an executed option or similar right.
1.3 For the avoidance of doubt, this Guarantee comes into force only once the Homebuyer has taken occupancy of the Property and all required contracts (including the lease/tenancy agreement and call option deed) have been fully executed, all fees and contributions required under those contracts have been paid (including but not limited to setup fees and customer support fees), and the Homebuyer remains up to date with all ongoing payments due under the agreements.
1.4 This Guarantee is governed by the laws of Queensland, Australia.
1.5 The purpose of this Guarantee is to provide an orderly, low-cost pathway for a Homebuyer to recover their contributions via a sale of the Property if they are unable to obtain an Eligible Home Loan to complete their purchase.
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2.1 Homebuyer means the tenant(s) who enter an arrangement for a Property with the intention of renting first and purchasing later under an executed option or similar right.
2.2 Property means the specific property the Homebuyer occupies under an arrangement that was introduced or facilitated by PublicSquare.
2.3 Owner means the person(s) or entity/entities holding title to the Property who have entered into the applicable lease/tenancy and call option (or similar) documents with the Homebuyer.
2.4 Eligible Home Loan means a first-mortgage home loan offered by an Australian financial institution that holds an Australian Credit Licence.
2.5 Rejection means a written declination from a lender or an authorised broker for an application for an Eligible Home Loan.
2.6 Lenders’ Interest Rates means the owner-occupier variable housing rates as published by the Reserve Bank of Australia.
2.7 Competitive Option means an Eligible Home Loan with an interest rate no greater than 1.5% above the Lenders’ Interest Rates.
2.8 Transaction Documents means the executed documents for the Property (e.g., lease/tenancy, call option deed, contract of sale, and any special conditions).
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3.1 This Guarantee operates alongside the Transaction Documents.
3.2 If this Guarantee and the Transaction Documents address the same subject and are inconsistent, the Transaction Documents prevail to the extent of that inconsistency.
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4.1 The Homebuyer must comply with this Guarantee and with all Transaction Documents, including any timeframes and notice requirements.
4.2 Unless otherwise agreed in writing, this Guarantee does not apply if the Homebuyer requests a sale of the Property for reasons other than inability to obtain an Eligible Home Loan.
4.3 The Guarantee continues to apply only while the Homebuyer is current with all fees and contributions payable under the Transaction Documents, and all invoices issued by PublicSquare. This includes, without limitation, rent, contribution payments, setup fees, customer support fees, and any other amounts specified. Arrears or non-payment of such amounts will cause this Guarantee to lapse until payments are brought fully up to date.
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5.1 Competitive Option: Within 60 days of receiving written notice from the Homebuyer that they intend to exercise their purchase right and/or are unable to secure a mortgage, PublicSquare will provide or refer at least one Competitive Option.
5.2 Sale pathway (if unable to obtain finance): If clause 6.1 is satisfied and the Homebuyer formally requests a sale of the Property in accordance with the Transaction Documents, PublicSquare will facilitate the sale in line with those documents and applicable law.
5.3 Low-cost sale commitment: Where clause 5.2 applies, PublicSquare will not charge the Homebuyer any selling fee in respect of the sale but the Homebuyer must pay $3,300 (incl. GST) to cover third-party marketing costs associated with the sale. Any additional or optional marketing or advertising packages are at the Homebuyer’s election and cost.
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6.1 Obtain and provide three (3) Rejections for Eligible Home Loans, including at least one Rejection for a Competitive Option.
6.2 Notify PublicSquare in writing (email is sufficient) when intending to purchase and/or unable to secure finance.
6.3 Co-operate with reasonable steps to progress either (a) an alternative Competitive Option, or (b) a sale per the Transaction Documents (e.g., inspections, access, signatures).
6.4 Continue to comply with all ongoing obligations under the Transaction Documents, including staying current with all rent, contributions, and fees.
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7.1 Marketing: The Homebuyer must pay $3,300 (incl. GST) toward third-party marketing costs for a sale under this Guarantee; This fee must be paid directly to PublicSquare before the property is listed for sale.
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8.1 For a sale under this Guarantee to proceed, the Owner (being the counterparty to the call option or equivalent rights with the Homebuyer) must:
(a) continue to engage PublicSquare or any transferee agent as the appointed selling agent; and
(b) comply with the terms of the Transaction Documents that require a sale of the Property under permitted circumstances
8.2 If the Owner does not comply in accordance with clause 8.1, PublicSquare may be unable to perform its duties under this Guarantee. In that case, PublicSquare assumes no liability for failure to carry out the sale, and the Homebuyer may need to pursue legal remedies directly against the Owner.
8.3 PublicSquare may transfer any obligation to sell the Property under this Guarantee to another licensed real estate agent in Australia, provided the transferee agent adheres to this Guarantee.
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9.1 This Guarantee does not apply where:
(a) the Homebuyer elects not to proceed for personal preference or convenience unrelated to financing;
(b) the Homebuyer unreasonably refuses to proceed with a Competitive Option for which they otherwise qualify;
(c) the Homebuyer does not provide the three Rejections (including one Competitive Option) within a reasonable period after notice;
(d) the Homebuyer is in material breach of the Transaction Documents (e.g., persistent arrears, misrepresentation);
(e) the Homebuyer frustrates or materially delays the finance or sale process (e.g., repeatedly missing information, refusing access, not signing standard sale paperwork); or
(f) the Transaction Documents specify that this circumstance is outside the sale or refund pathway.
9.2 Nothing in this section limits the Homebuyer’s rights under the Australian Consumer Law.
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10.1 Any distribution of sale proceeds (including treatment of any deposit fund or contributions) is determined solely by the Transaction Documents.
10.2 This Guarantee does not vary how contributions are accounted for; it ensures an orderly sale pathway with no selling fee charged to the Homebuyer and a fixed marketing contribution per clause 7.1.
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10.1 Any distribution of sale proceeds (including treatment of any refunds of contributions made by the Homebuyer, or profits above maximum sale prices otherwise payable by Homebuyers were they to purchase the Property themselves) is determined solely by the Transaction Documents between the Homebuyer and the Owner/Investor.
10.2 This Guarantee does not alter, replace, or override the terms of the Transaction Documents regarding contributions.
10.3 The role of this Guarantee is limited to ensuring an orderly sale pathway with no selling fee charged to the Homebuyer and a fixed marketing contribution per clause 7.1.
10.4 Settlement statements, reimbursements and accounting for contributions (if any) will be handled strictly in accordance with the executed Transaction Documents.
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12.1 Any dispute under this Guarantee is subject to a 60-day consultation period in good faith.
12.2 If unresolved, the parties will proceed to mediation; if still unresolved, either party may pursue legal recourse.
12.3 This Guarantee is governed by the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
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13.1 No advice: PublicSquare does not provide legal, financial, tax or credit advice and does not hold an AFSL or ACL.
13.2 No waiver of rights: Nothing in this Guarantee limits the Homebuyer’s rights under the Australian Consumer Law.
13.3 Consistency: If this Guarantee is inconsistent with the Transaction Documents on the same subject, the Transaction Documents prevail to that extent only.
Tenancy Guarantee
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Last Updated: 25 AUG 2025
APPLICABLE TO INVESTORS
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1.1 This Tenancy Guarantee (Guarantee) is issued by PublicSquare Technology Pty Ltd (PublicSquare, we, us, our), a licensed real estate agent in Australia, in favour of the Investor (you).
1.2 The Guarantee is designed to provide Investors with confidence and continuity throughout the life of their Rent-to-Sell investment.
1.3 If the Original Tenant defaults on their Transaction Documents and vacates the Property during the lease term without purchasing the Property or successfully requesting a sale under the Transaction Documents, PublicSquare will, at the Investor’s discretion, make reasonable commercial efforts to secure a qualified Replacement Tenant at no additional cost, subject to the terms of this Guarantee.
1.4 This Guarantee is governed by the laws of Queensland, Australia.
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2.1 Original Tenant means the first tenant introduced by PublicSquare under a Rent-to-Sell arrangement, who has entered into both a valid call option deed and an eight (8) year residential lease with the Investor.
2.2 Replacement Tenant means a tenant introduced by PublicSquare following the departure of the Original Tenant, who either:
(a) enters into both a valid call option deed and an eight (8) year residential lease under the Rent-to-Sell initiative; or
(b) enters into a standard residential tenancy agreement at market rent only, without a call option, if requested by the Investor.
2.3 Reasonable efforts means PublicSquare will undertake commercially standard tenant sourcing activities (including marketing, listing, and use of tenant databases) but does not guarantee placement within a fixed period or guarantee that placement will be achieved in all circumstances.
2.4 Transaction Documents means the executed documents relating to the Rent-to-Sell arrangement, including leases, call option deeds, participation agreements, agency appointments, and any required state or territory real estate forms.
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3.1 If the Original Tenant defaults on the Transaction Documents and vacates the Property, the Investor may elect whether to have PublicSquare attempt to secure a Replacement Tenant under either:
(a) a Rent-to-Sell style arrangement; or
(b) a traditional residential tenancy arrangement at market rent, without a call option to purchase.3.2 This section does not apply where:
(a) the Original Tenant has purchased the Property;
(b) the Property has been sold to an independent third-party buyer; or
(c) the parties have otherwise acted under mutually agreed terms.3.3 Choosing not to request a replacement does not alter or release the Investor from any of their obligations under their agreements with PublicSquare, including but not limited to agency appointment agreements.
3.4 If a replacement is requested, the Investor must comply with the terms and conditions of this Guarantee.
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4.1 PublicSquare will make reasonable commercial efforts to source a suitable Replacement Tenant, including marketing the Property and leveraging internal tenant databases.
4.2 While PublicSquare aims to secure a replacement within a commercially reasonable timeframe (generally targeted at thirty (30) days from vacancy), no fixed timeline is guaranteed.
4.3 Unless otherwise agreed in writing, a Replacement Tenant must enter into both:
(a) a new eight (8) year residential lease; and
(b) a valid call option deed with the Investor.
4.4 If a traditional residential tenant is requested and sourced, a standard residential tenancy agreement will apply.
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5.1 The Investor must retain PublicSquare as the exclusive sales and letting agent for the full term of any Replacement Tenant’s agreement, including renewals or reassignments.
5.2 The Investor must accept any tenant who meets PublicSquare’s qualification criteria, as determined through application screening and financial assessment.
5.3 The Investor must keep the Property in tenantable condition, compliant with all applicable laws, regulations, and safety standards. PublicSquare has no obligation to secure a Replacement Tenant if the Property is unfit for letting.
5.4 The Investor must cooperate fully with the replacement process, including allowing reasonable access, inspections, and execution of documents.
5.5 Failure to comply with clauses 5.1 to 5.4 will void any entitlement under this Guarantee.
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6.1 Where this Guarantee applies, PublicSquare will waive its standard upfront fees, including marketing and letting fees, in respect of sourcing the Replacement Tenant.
6.2 Any additional or optional advertising, property repairs, staging, upgrades, or third-party costs remain the responsibility of the Investor unless otherwise agreed in writing.
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7.1 PublicSquare’s obligation under this Guarantee is limited to making reasonable commercial efforts to secure a Replacement Tenant.
7.2 PublicSquare does not guarantee that a Replacement Tenant will be secured, or that a Replacement Tenant will complete the term of any new tenancy.
7.3 PublicSquare is not liable for any rent shortfalls, holding costs, mortgage obligations, consequential losses, or other financial impacts incurred during vacancy periods.
7.4 Nothing in this Guarantee alters, replaces, or overrides the terms of the Transaction Documents. If this Guarantee and the Transaction Documents address the same subject and are inconsistent, the Transaction Documents prevail to the extent of the inconsistency.
7.5 This Guarantee does not apply in circumstances of force majeure or adverse market conditions outside PublicSquare’s reasonable control (including but not limited to natural disasters, pandemics, government restrictions, or materially adverse rental market conditions).
7.6 Nothing in this Guarantee limits the Investor’s rights under the Australian Consumer Law.
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This Guarantee will automatically expire upon the earliest of:
(a) the successful placement of a Replacement Tenant under this Guarantee;
(b) the passing of eight (8) years from the commencement date of the Original Tenant’s tenancy agreement;
(c) the sale of the Property;
(d) the reassignment or termination of PublicSquare’s agency appointment; or
(e) the transfer, disposal, or assignment of the Investor’s interest in the Property by any other means.
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9.1 Any dispute under this Guarantee is subject to a 60-day consultation period in good faith.
9.2 If unresolved, the parties will proceed to mediation; if still unresolved, either party may pursue legal recourse.
9.3 This Guarantee is governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.