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Terms & Conditions

In this Agreement the following terms have the following meanings:

  1. Definitions
    1. “Agreement” means the agreement between the Real Estate Institute’s member named on the front sheet and the Real Estate Institute once accepted by the Real Estate Institute, the Terms and Conditions, the Real Estate Institute standard price list on its website and if applicable, any Special Conditions, and any further Conditions that the Real Estate Institute may publish from time to time and provide to the Real Estate Institute’s Member respecting the Services;
    2. “End User” means each person in the Office authorised by the Real Estate Institute’s Member to use REI Forms Live Where appropriate, this term includes the employees, servants and agents of the Real Estate Institute’s Member who have access to the Services. End Users may only use the Services for the business purpose of the Real Estate Institute’s Member.
    3. “Office” means the single office location at which the subscription for REI Forms Live will apply.
    4. “Price” means the price shown on the front of this form, as amended from time to time by the Real Estate Institutes on the REI Forms Live and REI Inspect Live websites.
    5. “Privacy Legislation” means the Privacy Act 1988 (Cth) (the Act) and any State privacy legislation which may be enacted during the term of the Agreement.
    6. “Real Estate Institutes” means the Real Estate Institute of the members’ state .
    7. “Real Estate Institutes Member” means the company or person whose name and address appears on the front of this form;
    8. “Services” means access to REI Forms Live and if the Real Estate Institute’s Member has subscribed to REI Inspect Live then that service as well.
    9. “Usage Fee” means the fee charged by the Real Estate Institutes from time to time for the Office of a Real Estate Institute’s Member to download documents and forms through REI Forms Live.
  2. Purpose of the Agreement
    1. The Real Estate Institute’s Member hereby requests the Real Estate Institutes to make the Services available to the Real Estate Institute’s Member at the Office. Acceptance of the Agreement by the Real Estate Institutes entitles the Real Estate Institute’s Member to access the Services the subject to this Agreement at the Office.
    2. The website, reiformslive.com.au, is owned and operated by Dynamic Methods Pty Ltd. The Services are located on that website. The Real Estate Institutes Member’s access to the website is conditional upon acceptance and compliance with the Terms and Conditions and this Agreement. The Real Estate Institutes Member’s use of, and access to, the Services on the website constitutes the Real Estate Institutes Member’s agreement to this Agreement. The Real Estate Institutes reserve the right to amend the Agreement at any time. Since the Real Estate Institute’s Member is bound by the Agreement, the Real Estate Institute’s Member should periodically refer to this document on the website.
  3. Terms of Agreement
    1. All information, whether printed, written or oral, incorporated in the publications or in any other document delivered to the Real Estate Institute’s Member pursuant to this Agreement or submitted in answer to a regular or special enquiry or voluntarily furnished to the Real Estate Institute’s Member by Real Estate Institute is for the use of the Real Estate Institute’s Member as one factor in the Real Estate Institutes Member’s business.
    2. This Agreement comes into effect immediately upon the Real Estate Institutes notifying the Real Estate Institute’s Member that it will provide the Services to the Real Estate Institute’s Member and remains in effect until terminated as set out in this Agreement.
  4. Payments & Charges
    1. The Real Estate Institute’s Member will pay the Real Estate Institutes the Price and Usage Fee.
    2. The Price and Usage Fee will commence on the Real Estate Institute’s Members acceptance of this Agreement and are payable in advance by Credit Card.
  5. Services

    The Real Estate Institutes reserve the right to add or withdraw any of its Services, and modify or otherwise improve the Services without notice. The Real Estate Institutes reserves the right to change any and all Prices, Usage Fees or other conditions of supply of this Agreement or the Services at any time and all times. However, the Real Estate Institutes will use its best efforts to provide thirty (30) days notice in advance of the effective date of such changes. Continued use by the Real Estate Institute’s Member of the Services is acceptance of any changes.

  6. Copyright
    1. It is recognised that all data and information provided through the Real Estate Institutes and its formats, will be subject to the copyright and other property rights of the Real Estate Institutes or the respective database provider. The Real Estate Institute’s Member must not commit or permit any act or omission by it or its agents, employees or any third party which will impair the copyright or other
    2. The Real Estate Institute’s Member must not disclose, transfer, duplicate, reproduce, retain for a purpose other than that for which it was first acquired, sell or reuse any information supplied by the Real Estate Institutes regardless of the form in which that information was supplied and, in particular, without limiting the generality must not do any of those acts with respect to information contained in hardcopy or any storage media, of whatever type, nature and description.
    3. The Real Estate Institute’s Member must not disclose, transfer, duplicate, reproduce, retain for a purpose other than that for which it was first acquired, sell or reuse any information supplied by the Real Estate Institutes regardless of the form in which that information was supplied and, in particular, without limiting the generality must not do any of those acts with respect to information contained in hardcopy or any storage media, of whatever type, nature and description.
    4. Without limiting the generality of the sub-clause 6(b), no information supplied by the Real Estate Institutes will be copied or transferred to another file, where access to the Services permits the Real Estate Institute’s Member to print data in machine readable form (using commands designated for this purpose) and the Real Estate Institute’s Member agrees:
      1. Not to transfer, retransmit, duplicate or resell any items from the database to any third party without prior written approval of the Real Estate Institutes;
      2. Not to use these items from the Services to combine with any other information with the object of offering it on-line or in any other way to third parties without prior written approval of the Real Estate Institutes.
    5. The intellectual property rights (including copyright) in all information, text, material, graphics, software, source code and advertisements on the website (“Content”) are owned and/or controlled by the Real Estate Institutes, its suppliers and/or licensors unless expressly indicated otherwise on the website. The Content is protected by Australian and international copyright and trademark laws. The Real Estate Institute’s Member must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the website or expressly authorised in writing by the Real Estate Institutes or the relevant third party owner or rights holder. The Real Estate Institutes Member must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any rights of the Real Estate Institutes or any other party or which is prohibited by this Agreement. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the website without the express written permission of the Real Estate Institutes, the relevant third-party owner or rights holder.
    6. Copyright in all Real Estate Institutes information and products (including precedents, data, pages, documents, maps, online graphics, images, web pages, audio and video) is vested in the Real Estate Institutes and is protected by the Copyright Act 1968. Apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968, all other rights are reserved, and no information and products or part of them may be reproduced by any process, distributed, commercialised or reused for any other purpose without the prior written permission of the Real Estate Institutes.
  7. Disclaimer

    These Services and their content are made available on the understanding that the Real Estate Institutes is not rendering professional advice. While the Real Estate Institutes have made every effort to ensure the accuracy, reliability, completeness and suitability for purpose of the information presented, the Real Estate Institutes do not give any guarantee or take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions. The Real Estate Institutes accept no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the Service.

    It is strongly recommended that End Users and Real Estate Institute’s Members exercise their own skill and care with respect to the use of the information, and before relying on the information that End Users and Real Estate Institute’s Members should carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances. The Services may be subject to Privacy Legislation and contractual restrictions and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. The Real Estate Institutes take no responsibility for any breaches of Privacy Legislation by any person in relation to the Services.

  8. Warranty

    All terms, conditions, representations, warranties, guarantees and indemnities (“Representations”), not expressly contained in this Agreement, whether arising by operation of law or otherwise, are hereby expressly excluded to the maximum extent permitted by law and, in particular, but in no way limiting the generality of it, the Real Estate Institutes makes no Representations as to the completeness or accuracy of the data comprised in the Services or as to its fitness for use for any purpose.

  9. Liability
    1. Real Estate Institutes will not be liable to the Real Estate Institute’s Member for any loss of profit, or earning, any damage or goodwill suffered by any person arising directly or indirectly out of its provision of the Services whether in accordance with the terms of the Agreement or otherwise and whether caused by negligence or wilful act or omission of the Real Estate Institutes, its servants or agents or from any other cause.
    2. Under no circumstances will the Real Estate Institutes or any related corporation or their respective board members, officers, or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
    3. The Real Estate Institutes’ liability of any nature or kind including, without limitation, negligence with respect to the subject of this Agreement, or for non-compliance with or breach of any Representations which cannot be excluded by Agreement, is limited to providing the Services in respect of which the breach or non-compliance arose, or, at the Real Estate Institutes option, to the cost of having that Service provided.
  10. Indemnity

    The Real Estate Institute’s Member indemnifies and holds the Real Estate Institutes and its board members, officers and employees harmless from and against any loss, claim, demand, expense (including legal fees) arising out of the Real Estate Institutes’ Member’s use of the Services. The obligations imposed by this clause benefit the Real Estate Institutes and its employees and board members jointly and severally.

  11. Default

    If there is a breach of any of the Terms and Conditions of this Agreement and the Real Estate Institutes have given 7 days notice of breach then:

    1. All monies payable by the Real Estate Institute’s Member to the Real Estate Institutes will at the Real Estate Institutes election become immediately due and payable despite the specified period for payment not yet having expired;
    2. Any credit facilities may be withdrawn by the Real Estate Institutes;
    3. The Real Estate Institutes may withhold the delivery of Services already ordered by the Real Estate Institute’s Member and is at liberty to suspend the Services to be provided to the Real Estate Institute’s Member pursuant to this Agreement should the Real Estate Institute’s Member default on any term of this Agreement;
    4. In the event of a suspension of a Real Estate Institute’s Members’ account the Real Estate Institutes are not liable to refund any monies or credit the Real Estate Institute’s Member’s account with respect to the time the Real Estate Institute’s Member remains in breach of the Agreement for the Services that ought to have been provided had the Real Estate Institute’s Member not been in breach of this Agreement;
    5. The Real Estate Institutes may list the Real Estate Institutes Member with any credit rating authority it so chooses and will only remove such a listing when the Real Estate Institute’s Member remedies its breach of this Agreement;
    6. The Real Estate Institutes may charge to the Real Estate Institute’s Member all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of the Real Estate Institutes to recover any monies owing by the Real Estate Institute’s Member to the Real Estate Institutes or to secure any indebtedness or liability by the Real Estate Institute’s Member to the Real Estate Institutes despite no demand having been made by the Real Estate Institutes for payment to the Real Estate Institute’s Member.
  12. Entire Agreement

    This Agreement, including notices of other Conditions provided to the Real Estate Institute’s Member in any printed form or otherwise published by the Real Estate Institutes, including revisions of them constitute the entire agreement between the parties on this subject matter.

  13. Termination
    1. The Real Estate Institutes may, in its absolute discretion, terminate this Agreement:
      1. Immediately following cancellation, resignation or termination of Your Real Estate Institutes’ membership;
      2. Immediately if You cease to be licensed under the Property, Stock and Business Agents Act 2002 or any legislation which succeeds that act;
      3. Immediately if You breach any of the terms of this Agreement. The Real Estate Institutes may elect to offer You the opportunity to rectify any breach upon such terms and conditions as Real Estate Institutes may in its absolute discretion determine;
      4. If You are a corporation, You become the subject of any insolvency proceedings or if a manager or receiver is appointed in respect of Your business;
      5. If You are a firm or partnership, You are dissolved; or
      6. If You are an individual, You become bankrupt.
    2. In addition to the rights in clause 5.1, Real Estate Institutes may terminate this Agreement at any time without cause by giving You not less than 30 Business Days notice in writing or via the Product.
    3. You may terminate this Agreement at any time without cause by giving not less than 30 Business Days notice in writing to Real Estate Institutes.
    4. If this Agreement is terminated:
      1. Your right to use the Product is immediately revoked from the time of termination of the Agreement and Real Estate Institutes will immediately suspend Your access to the Product;
      2. You must pay any debit balance of Your account and pay Real Estate Institutes any outstanding Fees or charges for services Real Estate Institutes has provided and any expenses Real Estate Institutes may have incurred up to the date of termination; and
      3. Real Estate Institutes is not liable to pay any refund of Subscription Fees or unused amounts in credit in Your account at the time of termination.
  14. Real Estate Institute’s Member Privacy Statement

    The Real Estate Institutes Member warrants with respect to the information supplied that all requirements of the Privacy Legislation as to content security, access, disclosure and use, have or will be complied with in full. The Real Estate Institute’s Member will comply with any reasonable direction relating to privacy given by Real Estate Institutes.

  15. Real Estate Institutes Privacy Statement

    The Real Estate Institutes is bound by the Privacy Legislation. Please refer to the Real Estate Institutes Privacy Policy on their website.

  16. Security

    The Real Estate Institute’s Member agrees to do whatever is reasonably requested by Real Estate Institutes to maintain security for the Services and to ensure that the Services are not used by people who are not permitted to use it under this Agreement.

  17. Law

    This Agreement and all matters arising from the relationship of the Real Estate Institutes and the Real Estate Institute’s Member will be interpreted and governed in accordance with the laws of the State of the Real Estate Institute . The Real Estate Institutes Member submits to the exclusive jurisdiction of the Courts of their state.

  18. Special Condition

    The special conditions set out on the front sheet apply to this Agreement. In the case of a conflict of provisions, the special conditions prevail.