Terms and Conditions
Effective Date: April 2026 · Last Updated: April 2026
Important Notice
These Terms and Conditions govern your use of our website at www.profitableadvisory.com.au and your engagement with Profitable Advisory for property advisory and buyers agent services.
Please read these Terms carefully before using our website or engaging our services. By using our website or proceeding with an engagement, you agree to be bound by these Terms.
Nothing in these Terms constitutes financial, investment, legal or accounting advice. All advice provided by Profitable Advisory is general property advice only. You should seek independent professional advice tailored to your specific circumstances before making any property investment decision.
1. About Us
Profitable Advisory (ABN [INSERT ABN]) is a licensed property buyers agency providing property investment advisory and buyers agent services to clients across Australia. We are licensed to operate as a real estate agent in Victoria, New South Wales, Queensland, Western Australia, South Australia, the Australian Capital Territory and the Northern Territory.
Our principal adviser and founder is Vikash G. Our registered office is located at 197 Barkly Street, Footscray VIC 3011. You can contact us at info@profitableadvisory.com.au or on 0488 319 025.
2. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- “Profitable Advisory,” “we,” “us” or “our” means Profitable Advisory ABN [INSERT ABN] and its employees, contractors and agents
- “Client,” “you” or “your” means the individual or entity who engages our services or uses our website
- “Services” means the property investment advisory services and buyers agent services described in Section 3
- “Service Agreement” means the written agreement entered into between Profitable Advisory and a client setting out the specific terms of a service engagement
- “Property” means any real property, whether residential or commercial, that is the subject of our services
- “Website” means www.profitableadvisory.com.au and all associated pages
- “Personal Information” has the meaning given to it under the Privacy Act 1988 (Cth)
3. Our Services
Profitable Advisory offers the following services to clients:
Property Investment Advisory
We provide personalised property investment strategy development, portfolio goal-setting and modelling, market and suburb research, SMSF property strategy guidance, ongoing portfolio reviews and referrals to trusted professionals including mortgage brokers, accountants and conveyancers.
Investment Property Buyers Agent
We provide a full-service residential property acquisition service including investment brief development, market search (on-market and off-market), due diligence, cashflow forecasting, negotiation, auction representation, settlement support and post-purchase review.
Commercial Property Buyers Agent
We provide a full-service commercial property acquisition service including investment brief development, market search, lease review and analysis, tenant covenant assessment, yield and capital growth analysis, feasibility and cashflow modelling, negotiation, due diligence coordination, settlement support and post-acquisition review.
The specific scope of services provided to each client is set out in the relevant Service Agreement. These Terms apply in addition to, and do not replace, the terms of any Service Agreement entered into between us and a client.
4. Engagement and Service Agreement
A formal engagement with Profitable Advisory begins when both parties have signed a written Service Agreement setting out the scope of services, fees, payment terms and any other specific arrangements.
Prior to signing a Service Agreement, any communications, strategy calls or consultations provided by Profitable Advisory are provided for information purposes only and do not create a binding service obligation on either party.
We reserve the right to decline to enter into a Service Agreement with any prospective client at our discretion, including where we have identified a conflict of interest, where the engagement would require us to act outside our licensed capacity, or where we do not consider the engagement to be in the best interest of both parties.
By entering into a Service Agreement, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them.
5. Fees and Payment
Our service fees are set out in the relevant Service Agreement. Fees may include an upfront retainer fee payable at the commencement of the engagement and a success fee payable upon settlement of a property acquisition, or a fixed fee structure as agreed in writing.
Retainer fee
Where a retainer fee is payable, it covers the work performed by Profitable Advisory in the early stages of the engagement, including strategy development, market research, investment brief preparation and property sourcing. The retainer fee is earned progressively as work is performed. Refund terms for the retainer fee are set out in the Service Agreement.
Success fee
Where a success fee is payable, it is calculated as set out in the Service Agreement and becomes due and payable upon unconditional exchange of contracts for the acquisition of a property secured on your behalf. The success fee is payable regardless of whether the acquisition ultimately proceeds to settlement.
Late payment
Where fees are not paid by the due date, Profitable Advisory reserves the right to suspend services until outstanding fees are paid. We may also charge interest on overdue amounts at the rate of 10% per annum, calculated daily from the due date until the date of payment.
GST
All fees are exclusive of Goods and Services Tax (GST) unless otherwise stated. Where GST applies, it will be added to the relevant invoice at the current applicable rate.
6. Our Obligations to You
Profitable Advisory commits to:
- Acting exclusively in your interests as a buyer and not accepting any payment, commission or benefit from vendors, selling agents or developers
- Conducting all services with reasonable care, skill and diligence
- Maintaining all required professional licences and memberships in each state we operate in
- Providing you with honest, independent advice based on available market data and our professional judgement
- Maintaining the confidentiality of your personal and financial information in accordance with our Privacy Policy
- Disclosing to you any actual or potential conflicts of interest that we become aware of
- Complying with all applicable laws and professional standards, including the requirements of each state real estate licensing body
7. Your Obligations
By engaging our services, you agree to:
- Provide us with accurate, complete and up-to-date information about your financial position, goals and any other matters relevant to the services we are providing
- Notify us promptly of any change in your circumstances that may affect the services we are providing or your ability to proceed with a property acquisition
- Obtain independent legal, financial and accounting advice as recommended by us or as appropriate for your circumstances
- Review all reports, due diligence materials and communications provided by us in a timely manner and notify us of any errors or concerns
- Make decisions about property acquisitions independently, acknowledging that the decision to purchase any property is ultimately yours alone
- Pay all fees and charges in accordance with the Service Agreement and these Terms
- Not engage any other buyers agent or property acquisition service in relation to the same property search during an active exclusive engagement with Profitable Advisory, unless otherwise agreed in writing
We are not responsible for any loss, damage or delay that arises from your failure to comply with these obligations.
8. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability to you for any loss or damage arising out of or in connection with our services is limited to the fees paid by you to us under the relevant Service Agreement in the twelve months preceding the event giving rise to the claim
- We exclude all liability for indirect, consequential, special or punitive loss or damage, including loss of profits, loss of opportunity, loss of anticipated savings or any other economic loss, even if we have been advised of the possibility of such loss
- We make no representation or warranty that any property acquisition will achieve any particular financial outcome, capital growth, rental yield or return on investment
Nothing in these Terms limits any rights you may have under the Australian Consumer Law, including consumer guarantees that cannot be excluded by contract.
Our services are provided to assist you in making your own informed decisions. The decision to acquire any property is entirely yours. We are not liable for the outcome of any property acquisition, including where a property does not perform in accordance with any projections, estimates or expectations discussed during the course of our engagement.
9. General Advice Warning
All information, analysis and recommendations provided by Profitable Advisory are general in nature and are provided for informational purposes only. Nothing we provide constitutes financial product advice, investment advice, tax advice or legal advice.
We are not licensed to provide financial product advice under the Corporations Act 2001 (Cth) or the National Consumer Credit Protection Act 2009 (Cth). Our services relate specifically to property strategy and property acquisition as a licensed real estate agent.
Before making any property investment decision, you should seek independent professional advice from a qualified financial adviser, accountant, solicitor and, where relevant, an SMSF specialist. You should not rely on any information we provide as a substitute for such independent advice.
Past performance of any property or property market is not a reliable indicator of future performance.
10. Conflicts of Interest
Profitable Advisory operates exclusively as a buyers agent. We do not accept commissions, referral fees or any form of payment from vendors, selling agents or property developers in connection with any property we recommend or acquire on your behalf.
Where we introduce you to a third-party professional such as a mortgage broker, accountant or conveyancer, we may or may not receive a referral fee for that introduction. Where a referral fee is payable, we will disclose this to you in writing at the time of the referral.
If we become aware of any actual or potential conflict of interest during the course of an engagement, we will notify you promptly and take appropriate steps to manage or resolve the conflict in your interests.
11. Referrals and Third-Party Relationships
From time to time, we may refer you to third-party professionals, including mortgage brokers, solicitors, conveyancers, accountants, property managers, building inspectors and financial advisers. These referrals are made in good faith based on our experience of those professionals.
We are not responsible for the services provided by any third party to whom we refer you. Each third party is an independent business and you will enter into a separate agreement with them. You should conduct your own due diligence before engaging any third party we refer you to.
Where we have a formal referral arrangement with a third party, including any arrangement involving a referral fee, this will be disclosed to you at the time of the referral.
12. Intellectual Property
All content on our website, including text, graphics, logos, images, reports, market research documents and other materials prepared by Profitable Advisory, is the intellectual property of Profitable Advisory or our licensed content providers and is protected by Australian copyright law.
We grant you a limited, non-exclusive, non-transferable licence to access and use the content on our website for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from or commercially exploit any content from our website or any materials we prepare for you without our prior written consent.
Any reports, due diligence documents, suburb research or strategy documents prepared by Profitable Advisory for you as part of our services are provided for your personal use only and may not be shared with or disclosed to third parties without our prior written consent.
13. Website Use
You may use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the website.
You must not:
- Use our website to transmit any unsolicited or unauthorised advertising or promotional material
- Attempt to gain unauthorised access to any part of our website or its related systems
- Use any automated tools or software to extract data from our website without our prior written consent
- Upload or transmit any virus, malicious code or other harmful material through our website
While we take reasonable steps to ensure our website is accurate and up to date, we make no representation or warranty as to the accuracy, completeness or currency of any information on our website. We reserve the right to modify, suspend or discontinue any part of our website at any time without notice.
Our website may contain links to third-party websites. We provide these links as a convenience only and we do not endorse or take responsibility for the content of any third-party website.
14. Termination
Either party may terminate a Service Agreement by providing written notice to the other party in accordance with the termination provisions set out in the Service Agreement.
We may terminate a Service Agreement immediately if you:
- Fail to pay any fees when due
- Provide us with materially false or misleading information
- Act in a way that we reasonably consider to be fraudulent, dishonest or harmful to our reputation or the interests of third parties
- Breach any material term of these Terms or the Service Agreement and fail to remedy that breach within 10 business days of receiving written notice from us
On termination, any fees earned by Profitable Advisory up to the date of termination remain payable. Termination does not affect any rights or remedies that have already accrued to either party.
15. Governing Law
These Terms and Conditions are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria for the resolution of any dispute arising out of or in connection with these Terms or your use of our website or services.
Where you are located in a state or territory other than Victoria, you retain the benefit of any mandatory consumer protection laws applicable in your jurisdiction, and nothing in these Terms operates to exclude or limit those rights.
16. Severability
If any provision of these Terms is found to be invalid, unenforceable or illegal for any reason, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
17. Changes to These Terms
We may update these Terms and Conditions at any time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, notify you by email or through a notice on our website.
Your continued use of our website or our services following any update to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should cease using our website and services.
18. Contact Us
If you have any questions about these Terms and Conditions, or if you wish to raise a concern about the way we have handled any aspect of our engagement with you, please contact us:
Contact Details
Profitable Advisory
197 Barkly Street, Footscray VIC 3011
Phone: 0488 319 025
Email: info@profitableadvisory.com.au
Website: www.profitableadvisory.com.au
We aim to respond to all enquiries within two business days.
