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Terms of use

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If you have any questions regarding our Terms of Use please contact us at support@reaforms.com.au

1. Definitions

In this document unless something else is clearly intended:

‘Documents’ means the documents, templates, forms and any notices required or authorised to be given under them, produced by the Product;

‘Product’ means and includes the reaforms software, legal precedents and documents created and edited within, and stored on the reaforms platform. It includes any processes and rules incorporated within the reaforms platform;

‘Subscriber’ means the entity and nominated employees who are licensed to use the Product (together, ‘you’, ‘your’);

‘Terms’ means these terms and conditions;

‘Transaction’ means a property related transaction being created and managed using the Product; and

‘reaforms’ means the platform owned and operated by reforms Pty Ltd ABN 19 647 076 926 (together ‘we’, our’, ‘us’), accessible via reaforms.com.au as updated from time to time.

2. Interpretation

In these Terms, unless something else is clearly intended:

  • words denoting the singular include the plural and vice versa;
  • headings are for convenience only and do not affect interpretation; and
  • the word ‘includes’ or ‘including’ is not a word of limitation.

3. Applicability of these terms

In opening an account with us or registering as a user of an account with us for trial or use under licence, you are bound by these Terms and it is a condition of use that these Terms apply to your use of the Product.

These Terms are displayed on-screen when registering for use or trial of the Product, and by running and using the Product, you are bound by these Terms and agree to them.

You are acknowledging that you have read these Terms and or had the opportunity to read them before proceeding and it is a requirement of registration that you acknowledge this and the system requires you to confirm your agreement to be bound by these Terms before proceeding.

4. Changing the terms

These Terms may be varied or added to by us from time to time to reflect changes in the law or to our services and policies and by you continuing to use the Product after any change you agree to and are bound to the varied Terms. Electronic notice on the front page of our website which displays to you on login is deemed notice of any changed Terms of use which are binding on users. We will post the revised Terms and update the ‘Last update on’ date. Please review these Terms regularly in order to be advised of any changes to them. You acknowledge and agree that we are not liable to you for any changes to these Terms.

5. Ownership of the product

reaforms and its licensed business name Real Estate Australia Forms retains ownership of and copyright in the Product.

6. Licence to use

We licence the use of the Product to you on these Terms.

However, we only licence the use of the Product for you to reproduce the Documents for the purposes of providing services to your clients and for your internal business purposes.

This is not an exclusive licence.

You have no right to re-sell the forms for use and they are only for use by your entity who has a registered account with reaforms.

You are licensed for use of the Product by the number of employees your chosen subscription plan allows. Information in relation to the number of employees in your business must be accurate and truthful at the time of subscription to the Product. If there are any changes to the information you provide us in respect of the number of employees in your business, you must advise us in writing as soon as reasonably practicable.

This licence cannot be transferred by you to any other party except with our prior written permission.

Any breach of the Terms may result in the immediate termination of your licence to use the Product, and we may take any available action at law, including but not limited to, copyright infringement or breach of contract.

7. Licence period and renewal

You are licensed to use the Product for the period of 12 months or any lesser term as agreed from time to time.

The Product is designed to produce forms for agents in real estate practice.

8. Restrictions on your use of the product

You must not reproduce any Documents or any other component of the Product.

No part of the Product may be decompiled, reverse engineered, or otherwise altered in any manner without our prior written permission.

The Product may only be accessed and utilised by you, using the software made available to you, by us, in connection with your use. No part of the Product may be accessed, displayed, modified or utilised in any way, on any third-party platform, without our express consent.

We are not responsible in relation to any changes you may make to the Documents or other components within the Product, or the way you complete them or use them.

You acknowledge that the Product may include Documents in a form fixed by regulations, laws or government requirements, or in a form approved by a government agency.

You must know and understand the relevant laws and regulations in your jurisdiction and you must check any Documents created by the Product for compliance and be appropriately trained before using the Product. You will check all Documents created by the Product for correctness and completeness before using them.

9. Intellectual property

You must not reproduce or modify in any way any Trademarks (whether registered or unregistered) and/or logos featured on the Product or linked to via linked websites without obtaining our prior written consent and/or the consent of a third party.

You acknowledge that the components of the Product, including Documents, technology and processes, may be the subject of other intellectual property rights. Your use of the Product must not infringe in any way our intellectual property rights and those of any third party, the subject of a linked website.

10. Product support

We will provide reasonable email and telephone assistance relating to the Product to you free of charge, with the relevant contact details provided under the ‘Support’ heading in these Terms.

11. Updates

We may amend, vary, add to or discontinue any part of the Product at any time without notice. We do not undertake to keep the Product updated and are not liable to you for any error that may occur as a result of the contents of the Product not being up to date.

Whilst this licence continues, we will make any updates available to you free of charge, providing you have complied with these Terms and accept the updates in accordance with these Terms.

No warranty is given that an update will be issued if there is any change in laws or government requirements which makes changing any document necessary or desirable.

These Terms continue to apply in relation to any updated version of the Product.

12. Our liability

We give no warranty in relation to or in connection with the Product, including:

  • as to the profitability or benefits of the Product or its use;
  • as to its suitability for your requirements;
  • that the Product will be fully operable on your computer or online when required;
  • that the Product will operate uninterrupted or error free or free of omissions; or
  • that the product is merchantable or fit for any purpose.

However, if a warranty applies at law, then subject to such law, our liability under such a warranty is limited to replacing the Product and/or refunding the money you paid for the Product for the balance of any subscription period (at our option).

To the extent permitted by law, we are not liable for any loss, damage or injury caused to you, or for which you may be liable, arising in connection with the Product or by the websites of other entities which may be linked to via the Product.

You indemnify us for any liabilities, losses, expenses, damages or costs we incur as a result of and in connection with any claims brought against you by any third party. This includes claims arising from any alleged defect, error or omission in the Product.

All content contained within the Product relates to Australian and New Zealand laws and regulations, unless otherwise specified. The laws in other jurisdictions may be substantially different to Australian and New Zealand laws.

We are not liable for any damage, interruption or interference with your computer systems caused in connection with your use of the Product. You are solely responsible for ensuring your computer systems are adequately protected against anything that may damage your systems.

13. Other terms and your use and responsibility

The onus is on you to check and read each Document reproduced to ensure it has been correctly reproduced and to ensure it complies with any relevant regulation and practice.

The onus is on you to ensure your system can properly run the Product.

If you breach these Terms, or any of your obligations with respect to payment for your use of the Product:

  • we do not have to comply with any of our obligations in these Terms; and
  • your licence to the Product may be withdrawn without cause by us and a credit for any licence period will be repaid.

The protection of all passwords used in connection with the Product are your sole responsibility. If you are aware or suspect that your security has been compromised in relation to accessing the Product, you must take all reasonable steps to prevent further unauthorised access, and notify us immediately.

14. Privacy

We publish privacy statements on the internet which apply to these Terms in compliance with the Privacy Act 1988 (Cth). Our privacy statements can be found here Privacy Notice - reaforms.

User contact information may be made available to sponsors and to advertising associates of ours for marketing of related products for direct email and other marketing and this is an express term of the licence for use. You can ask to be removed from any email or other contacts on notice to us.

15. Electronic signing and communications

You acknowledge and agree that:

  • the Product provides you with the opportunity and functionality to communicate electronically and sign Documents electronically in relation to a Transaction;

  • you will be viewing Documents or communications that are applicable to any Transaction and permitted by law to be made by electronic communication because you are a Subscriber;

  • you will be signing Documents electronically, where you acknowledge and agree that by you using the reaforms electronic signing functionality in relation to a Document, that electronic signature will be legally binding on you and have the same legal consequences as a handwritten, wet-ink signature on paper;

  • you will read and understand the contents of all Documents, and if required, will seek the advice of a legal or other relevant advisor;

  • you will be signing all Documents voluntarily and agree to be legally bound by the terms within the Document;

  • you consent to the receiving of Documents from other parties, that have been electronically signed or may contain scanned wet-ink signatures from those parties; and

  • you consent to all of the above electronic signing and communications terms using your email address and/or mobile phone number advised to reaforms from time to time.

16. Third party websites

The Product may contain links to websites operated by third parties (‘Linked Websites’). Those links are provided for convenience only and the links are not guaranteed by us to be current.

Links to those Linked Websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the websites, or for any information, products or services referred to on those Linked Websites. Your use of any link to a Linked Website is entirely at your own risk.

Unless stated otherwise on reaforms, we have:

  • no relationship with the owners or operators of those Linked Websites; and
  • no control over or rights in those Linked Websites.

17. Support

reaforms Pty Ltd

ABN 19 647 076 926

Ph 08 8166 1188

support@reaforms.com.au

Data sales terms of use

1. Acknowledgment and acceptance of licence conditions

Our data supply terms are as detailed and in purchasing you agree to these terms. These terms apply to any data sales in addition to any existing terms of other systems.

The property information and data sold is purchased by the user via an API and the service provider is reaforms Pty Ltd ABN 19 647 076 926 trading as Real Estate Australia Forms and reaforms (‘the reseller’, ‘reaforms’, ‘we’, ‘us’, ‘our’) being a data reseller to you under the terms and conditions set out herein.

It is for you to select the correct address and correct title reference and property description and any errors in selection are not refunded. If refunds are sought and the reseller agrees to seek them from the wholesale supplier then any costs incurred by the reseller in recovery for the user (from the wholesale seller or owner) will be payable and recovered on an hourly basis at $50 an hour or part thereof for staff costs and administration and work interruption and damages in seeking refunds (if available) from the wholesaler owner of the data.

By using the software or completing the purchase process to buy the data you expressly agree to be bound by these terms and conditions.

The data is live data from Sailis and via Land Services SA and we are providing the service by an application programming interface (‘API’) to the Titles Office.

This sale of data does not permit you to resell or otherwise provide copies of the data to any third party for any purpose but to complete the form in reaforms software. No resale or profit from use is permitted and it is a breach of these terms of use and supply.

You may provide a completed document in electronic or printed form to a person or your client or other 3rd parties but not resell or otherwise use the data provided in the sale.

In the event of any error or misdescription in the title detail or property information conveyed we as supplier are expressly excluded from any liability and loss and we do not verify the correctness of the data and or information supplied via the interface from the wholesale supplier of the data or via the software if any error occurs.

If any claim was available at law, we are held liable only in any claim for error to replace the cost paid for the data supplied if supplied negligently or in breach of contract.

Use of the services online via our webpages (‘the Website’) and any information or services provided to include all data sales and information supplied by third party sources through the Website is subject to the following terms and conditions and any additional terms and conditions and disclaimers displayed by us elsewhere on the Website from time to time (together, ‘Terms of Use’ or ‘Terms’).

In registering on the Website or accessing or using any of the Website and the information and services provided through the Website, you are deemed to and accept and agree to be bound by these Terms of Use as updated from time to time, whether you are a visitor simply browsing the Website or you become a member of the Website (both, ‘Users’). If you do not agree with any of the Terms of Use, or any changes to them, do not register on or use the Website.

2. Access and use of the website

Access and use of the Website You acknowledge and agree that we may:

  • monitor access to and use of the Website by you; and
  • cancel your access to the Website at any time.

Access to the Website depends on communications and internet service providers and other external factors and we do not guarantee the availability of the Website at all times or at any specific times.

We will take precautions to ensure the Website is secure but no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the Website and Users do so at their own risk.

By use of the Website you acknowledge and agree that reaforms incurs authority fees in its capacity as a paying agent on your behalf and may invoice you for such fees (if applicable) and if not recovered will bill you for the services and you will meet and pay any additional costs incurred not initially billed to recover fees charged by the service data providers as applicable.

3. Privacy and personal information

See our Privacy Statements relating to the collection and use of your information.

4. Services

Through our online pages, reaforms provides you with access to a variety of resources, including download areas, software, data and information from 3rd party information owners and product information (collectively, ‘Services’). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, and all product sales of data are subject to these Terms. Our Disclaimer on our purchase pages is and forms part of these terms and is an express condition of use. You must complete any forms and documents prepared with data supplied and you are solely responsible to check and edit and finalise all forms. No liability is accepted for any form or documents created by you whatsoever. It is an express term that you read check and verify the forms and documents for compliance with any law and for accuracy and errors. If the data is defective or incorrect then you are not entitled to bring any claim against us for the materials arising being incorrect or wrong. It is acknowledged by you that data may become corrupted and be supplied by third parties incorrectly or wrong. You accept the Services subject to this release and disclaimer.

5. Personal and non-commercial use is restricted

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services or otherwise commercialise the Services.

6. Software and data available from this website

Any software that is made available to you to download from the Services (‘Software’) is the copyrighted work of us or our suppliers. Use of the Software is governed by the terms of the end user licence agreement, if any, which accompanies or is included with the Software (‘Licence Agreement’) and or if not delivered or made available or known by you means that you are not entitled to (at a minimum) resell data or information provided to you by us but only to use it in the provision of your professional or personal services for your client or yourself.

The Software and data purchased is made available for download or use online solely for use by end users. Any reproduction or redistribution of the Software and or data delivered not in accordance with the Licence Agreement is expressly prohibited by law and may result in severe penalties.

Except as warranted in this Licence Agreement and to the maximum extent permitted by applicable law, reaforms hereby disclaims all warranties and conditions with regard to the software and data provided, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

reaforms may make available as part of the services or in its software products, tools and utilities for use and/or download data. reaforms does not make any assurances with regard to the accuracy or completeness of the information, data, results or output that arises from use of any software or sales of data from third parties and utilities. You are not to breach the intellectual property rights and copyright of others when using the software or purchasing data made available on the services or in reaforms software products.

7. Disclaimer of warranties and representations

reaforms and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related data published as part of the services for any purpose. To the maximum extent permitted by applicable law, all such documents and data are provided ‘as is’ without warranty of any kind and reaforms and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

In no event will reaforms and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.

We do not warrant or represent:

  • your systems will meet the minimum requirements to enable use of the Website;
  • information and or data provided on and through the Website is accurate, complete or suitable for any purpose;
  • the Website and its services are free from any computer viruses or defects; or
  • your access to the Website and its services will be continuous or uninterrupted.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. reaforms and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time and notices regarding software, documents and services available on this Website

8. Liability

Nothing in this document excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar state or territory legislation (‘non-excludable provision’). However, to the maximum extent permitted by law, our liability for failure to comply with any non-excludable provision is limited (at our option):

  • in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by us);
  • in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us); or
  • where we are permitted to do so, by excluding our liability for or arising out of any (except to the extent it constitutes significant personal injury caused by our reckless conduct):
    • death of any person; or
    • physical or mental injury to any person (including the aggravation, acceleration or recurrence of physical or mental injury).

To the extent permitted by applicable law:

  • in no event will reaforms and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services; and
  • our total liability to you, whether in contract, tort, statute or otherwise, or in any manner related to the terms of use or the website is limited in the aggregate to the total amount of the incorrect data fees paid by the user for the data supplied which may be found to be in error, incorrect or wrong in delivery caused by corruption by our systems or in being supplied incorrectly by the third party supplier.

9. Member account, password, and security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify reaforms immediately of any unauthorised use of your account or any other breach of security. reaforms will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by reaforms or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

You must provide us with complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

You agree to keep your user-name and password confidential and secure and not to permit any other person to access the Website using your user-name and password. You acknowledge that your details are nontransferable.

10. No unlawful or prohibited use and default accounts suspended

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to any reaforms server, or interfere with any other party's use and enjoyment of any Services.

You must and will not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any reaforms server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

If your accounts are in arrears of more than 7 days we may and will withhold your access and not make Services and data available without notice to you. We may cancel your account at any time without notice and in our discretion without any claims or compensation for no notice.

The Website may contain links to other websites that are not operated or controlled by us. Those links are provided for convenience only and may not be current. The linked sites are not under the control of reaforms and reaforms is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. reaforms is not responsible for webcasting or any other form of transmission received from any linked site. reaforms is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by reaforms of the site.

12. Refund policy

Our refund policy is limited to our terms herein stated as our services are online and provided by third parties and it is up to the User to ensure selection of the title or product selected to be bought by the third party and once purchased unless an error was caused by our system there will be no refund for purchase as we are charged for the titles and services. If the error was caused by us we will refund any cost charged.

13. Jurisdiction and arbitration

The Terms of Use will be governed by the laws of South Australia. You agree to submit to the non-exclusive jurisdiction of the courts of South Australia in the event of a dispute arising out of, or in connection with, the Terms of Use or any use of the Website. We are entitled to institute arbitration and you agree to commit to arbitration of any dispute/s and the Provisions of the Commercial Arbitration Act 2011 (SA) will apply if we direct that the matter/s in dispute or part of them be arbitrated and any action accordingly stayed if commenced.