Privacy Policy

REI FORMS LIVE END-USER LICENSE AGREEMENT
Welcome to the REI Forms Live software as a service located at http://www.reiformsnow.com.au and
http://www.reiformslive.com.au (“WEBSITES”). The Websites are owned and operated by The Real Estate
Institute of South Australia Limited (“REISA”, “WE”, “US” and “OUR”).
This is a legally binding end user licence agreement (“Licence”) between You (either an individual or
a single entity), (“You” and “Your”) and REISA and provides the terms of use for the Websites and
Software. This Licence, along with Our Privacy Policy and other notices on the Websites, form the
basis on which You may access and Use the Websites and Software.
This software entitled REI Forms Live and all documents and materials included in it are referred to
herein as the “Software” or the “Documents”. Visiting the Websites, installing, opening or using all
or any portion of this Software and/or contributing content or Documents to the Websites or
Software indicates Your acceptance of all the terms and conditions of this License and that this
Licence is equivalent to a written licence agreement signed by You.
By selecting the box “I AGREE” or performing a similar electronic function, You are providing YOur
acceptance of the terms of this Licence. This Licence is enforceable against You and any legal entity
that obtained the Software and or the Documents and on whose behalf it is Used. If You do not
agree to the terms of this Licence, please do not Use this Software, Documents or the Websites. We
reserve the right to change any or all of the terms and conditions of this Licence and/or Our terms of
Use and/or other conditions for Using Our Websites at any time by publishing the amended terms
and conditions on Our Websites. Your Use of Our Websites constitutes Your acceptance of those
terms.
It is illegal and strictly prohibited to distribute, publish, offer for sale, license or sublicense, give or
disclose to any other party, this Software or the Documents in hard copy, digital form or any other
medium whether existing or not yet existing, except as specifically and expressly permitted below.
The Use of this Software is governed by the terms and conditions set forth herein. Please read them
carefully. This Licence is applicable to all of the Documents included in the Software and to the
Software in its whole part. You are deemed to have read, understood and accepted the terms of this
Licence when You install or Use the Software and/or the Documents.

  1. REGISTRATION OF ACCOUNT
    REI Forms Live is sold as a Software-as-a-Service (SaaS) and requires users to have a valid
    membership with REISA and an account with REI Forms Live.
    To register an account, You must provide the information specified by REISA within the relevant
    documentation and/or agreement to engage the services of the REISA Member. The information
    requested by Us may be amended at Our discretion. The information provided by You to register an
    account (“Account Information”) must be accurate, truthful and correct at the relevant time. In the
    event that the Account Information becomes out of date or changes for whatever reason, You must
    notify Us of this as soon as practicable by: emailing REISA at reisa@reisa.com.au OR contacting the
    Page 2 of 9
    relevant REISA member as specified within the documentation and/or agreement to engage the
    services of the REISA Member. REISA reserves the right to request, at any time, proof of
    identification to verify your identity or veracity of other Account Information.
    It is your sole responsibility to keep any password and/or security information provided in
    connection with your account secure and confidential. You must notify Us as soon as practicable if
    You suspect Your account has been accessed by an unauthorised person.
  2. MEMBERS’ ACCESS
    Access to the ‘Members’ only’ sections of the Website and/or Software is restricted to financial
    members of REISA and/or other persons authorised by REISA.
    Where You are given access to the ‘Members only’ section of the Website and/or Software, You will
    be given a unique login and password that identifies You (“Member Identification Information”). It is
    your sole responsibility to maintain the security and confidentiality of your Member Identification
    Information and You accept all responsibility for all activities that occur in connection with your
    Member Identification Information.
    REISA reserves the right to vary the goods and services available in the ‘Members only’ section of the
    Website and/or to suspend or terminate access to the Members’ only area of the Website at any
    time.
  3. SUBSCRIPTION AND PAID CONTENT
    To access or use certain parts of the Websites and/or Software, You are required to hold a paid
    subscription or to make purchases within the Websites/Software.
    Subscription will commence from the date of purchase and continue for a full 12 month period,
    expiring on the same day of the month in 12 months’ time. Once a Subscription has commenced it
    cannot be cancelled and refunds are not provided.
    We will provide You with a renewal reminder notice prior to the expiry date of your Subscription. If
    You renew, by paying the renewal fee prior to the expiry date, You will maintain continuity of
    benefits and Your annual renewal date will remain unchanged.
  4. LIMITED LICENSE
    You are granted a limited, non-exclusive license to access the Websites and/or Software The license
    granted herein shall remain in effect perpetually, but shall terminate upon Your use of the Software
    beyond the scope licensed herein or upon your violation of any term or condition hereof. All
    protections with which REISA is provided under this Licence shall survive the termination of Your
    license to use the Software.
    Where You have purchased a Subscription, the licence for access and use of the Subscription
    services shall be limited on one individual user who will have the license to Use the Documents. Use
    by any other person, company, affiliate, corporation, Limited Liability Company, trust, or other
    separate legal entity will require a separate license. This includes companies that may be affiliated to
    You by ownership or otherwise.
  5. PROPRIETARY RIGHTS
    Page 3 of 9
    REISA retain all title, ownership, and intellectual property rights in the Software, Documents and
    Materials, including but not limited to all supporting data, documentation, files, marketing material,
    images, multimedia and applets. For the avoidance of doubt, Use of the Websites, Software,
    Documents and/or Materials (including any variation by You or a third party thereto) does not create
    any additional or supplemental intellectual property rights in the Websites, Software, Documents or
    Materials which remains with REISA. No licence is granted in respect of those intellectual property
    rights other than as set out in this Licence.
    All content on the Websites (including but not limited to the Software, Materials and Documents)
    are protected by Australian copyright and other intellectual property laws and by international
    treaties. You must not engage in any conduct or do anything which interferes with or breaches those
    laws or the intellectual property rights in the content.
    Trade marks (whether registered or unregistered) and logos featured on the Websites must not be
    Used or modified in any way without obtaining the prior written consent of REISA and/or another
    third party.
    You may download and view content or print a copy of the Documents and/or Material on the
    Websites for personal, non-commercial Use provided You do not modify the content in any way
    (including any applicable copyright notice). Unless expressly stated otherwise, You are not permitted
    to copy, or republish anything You find on the Websites without the copyright or trademark owners’
    permission.
    The Software may include security measures designed to control access and prevent unauthorized
    copying and Use. You agree not to interfere with any such security components. REISA permits You
    to download, install, Use, or otherwise benefit from the functionality or intellectual property of the
    Software only in accordance with the terms of this Licence. Use of third party material included in
    the Software may be subject to the terms and conditions typically found in the party’s own license
    agreement.
  6. USER GENERATED CONTENT
    The Websites and Software allows (subject to certain requirements) Users to post and/or upload
    opinions of and commentary in relation to agents they have engaged or dealt with in connection
    with the sale, purchase or leasing of a property or business. Further, the relevant agent will have the
    right to respond to the User’s opinions and commentary. You can Use this functionality by
    completing and submitting information from the various prompted and unprompted mechanisms
    provided within the Website functionality (hereafter referred to as a “User Submission”). An Agent
    may post a response to the User Submission (hereafter referred to as an “Agent Response”).
    By submitting a User Submission or Agent Response for publication on the Website, You
    acknowledge and agree
    a. that You are aged 18 or over;
    b. the publication of a User Submission or Agent Response is at the discretion of REISA and REISA
    may, in its sole discretion, remove part of or all of a User Submission or Agent Response if it
    does not comply with these terms of Use, is the subject of a complaint and/or for any other
    reason REISA considers appropriate;
    c. that You will not hold REISA responsible for any User Submission or Agent Response posted on
    the Website by You
    d. that despite REISA’s discretion to not to publish any or part of a User Submission or Agent
    Response, You are solely responsible and liable for your User Submission or Agent Response;
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    e. REISA may contact You to confirm and/or seek additional information in relation to a User
    Submission or Agent Response submitted by You;
    f. that all content in the User Submission or Agent Response is:
    i. truthful, accurate and based on actual personal experience and reflects your personal
    genuine opinion and is not influenced in any way by the statements or opinions of any
    other person;
    ii. voluntarily made and You have not received any monetary remuneration and/or any other
    form of benefit by any other party in connection with the User Submission or Agent
    Response (other than that relating to the Usual fee for services of an agent);
    g. to grant REISA a perpetual, worldwide, royalty-free, irrevocable and non-exclusive licence to
    use, display and reproduce your User Submission or Agent Response in any way it chooses to do
    so including, without limitation:
    i. within any area of the Website, on the mobile application of the Websites (if any) and
    within any other social media sites controlled by REISA;
    ii. within any marketing or promotional material relating to the Websites;
    iii. for any purpose relating to the promotion of REISA generally;
    h. that Your User Submission or Agent Response:
    i. will not infringe any Intellectual Property Rights or moral rights of any third party;
    ii. does not include obscene or offensive language;
    iii. does not contain statements which are (or may potentially be) misleading and/or
    deceptive in nature;
    iv. does not include statements which threaten another person or may constitute harassment;
    v. does not contain statements that may be construed as defamatory or racist in nature;
    vi. does not contain sexually explicit language or images;
    vii. is not unlawful;
    viii. does not include personal information (including names, email addresses or phone
    numbers) of any individuals (other than the name of and agency details of the relevant
    agent);
    ix. does not contain virus or malicious code which may damage or interfere with the Website
    or any system or data;
    x. does not contain content or links to content that, in the REISA’s opinion, may expose REISA
    to any harm or liability of any type;
    xi. complies with any other matter that the Chief Executive Officer of REISA deems necessary
    or expedient from time to time to ensure appropriate Use and functioning of the Websites.
  7. AGENT REVIEWS
    The Websites provides functionality to allow the public (subject to certain requirements) to post
    reviews about real estate agents they have either engaged or dealt with (“Agent Review Content”).
    Agent Review Content is provided for general information purposes only and is posted voluntarily.
    REISA cannot and does not verify its accuracy or reliability. You should not rely on the Agent Review
    Content in any way to make a decision about any subject matter contained therein. Agent Review
    Content contains personal opinion and is based on a particular individual’s expectations, experience
    and standards. Expectations and standards vary amongst the community and accordingly, You
    should not rely on the Agent Review Content as being indicative of an experience You may have.
    Although REISA may moderate or refuse to publish Agent Review Content, We do not warrant or
    represent that it is accurate, truthful or reliable. It is a condition of your Use of the Websites that
    You accept all risks, losses, expenses and costs associated with the Use (or your refrain from Use) of
    the product or service that is the subject of the Agent Review Content and/or any Material
    contained on the Websites.
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  8. EXTERNAL WEBSITES
    This Website may contain links and utilise APIs to websites of third parties (“External Websites”) that
    We do not operate or control. We are not responsible for these External Websites. We provide these
    links and feature Using their APIs for Your reference and convenience only. Links and features Using
    APIs to External Websites should not be construed as any endorsement, approval, recommendation
    or preference by REISA of the owners or operators of the External Websites, or of any information,
    products or services referred to on the external sites unless expressly indicated on the REISA
    Websites. REISA makes no warranties and accepts no liability in relation to any material or functions
    contained on External Websites. You are free to access these external Websites, but You do so at
    Your own risk.
  9. COOKIES
    Cookies are small pieces of data stored on the web browser on your computer. The Websites,
    External Websites and associated websites may store cookies on your web browser. The main
    reasons We store cookies are to improve Your use of the Websites. For example, to remember Your
    search criteria so you don’t have to re-enter to do multiple searches and to remember Your site
    preferences for your next visit to the site, to gather statistics on site usage so we can monitor site
    usage and make improvements to site usability. You can set up most web browsers so you are
    notified of when a cookie is received, so you can then either accept or reject it. You can also check
    the cookies stored by Your web browser and remove any that You do not want. If You disable the
    use of cookies on Your web browser or remove or reject specific cookies from the website or linked
    websites, then You may not be able to gain access to all the content and facilities of the website.
  10. CONFIDENTIALITY
    Each party agrees that it shall not disclose to any third party any information concerning the
    customers, trade secrets, methods, processes or procedures or any other confidential, financial or
    business information of the other party which it learns during the course of its performance of this
    Licence, without the prior written consent of such other party. This obligation shall survive the
    cancellation or other termination of this Licence. The Websites and Software contains trade secrets
    and proprietary know-how that belong to REISA and it is being made available to You in strict
    confidence. Any use or disclosure of the software, or of its algorithms, protocols or interfaces, other
    than in strict accordance with this Licence, may be actionable as a violation of REISA’s trade secret
    rights.
  11. NON-TRANSFER OF RIGHTS
    You may not rent, lease, sell, sublicense, assign or transfer Your rights in the Software, or authorise
    any portion of the Software, Materials and/or Documents to be copied onto another individual or
    legal entity’s computer.
  12. RESTRICTIONS
    You may not (i) modify or create any derivative works of the Software or Documents, including
    customisation, any modifications or enhancements, translation or localization without REISA’s
    express written consent; (ii) reverse engineer, decompile, disassemble, make or otherwise attempt
    to derive the source code of the Software, or the underlying ideas or algorithms of the Software; (iii)
    attempt to gain unauthorized access to Documents, REISA servers or any other service, account,
    computer system or network associated with the Software or with REISA, it’s affiliates, agents,
    partners and customers; (iv) remove or alter any trademark, logo, copyright or other proprietary
    Page 6 of 9
    notices or symbols in the Software; (v) block, disable, or otherwise affect any advertising, banner
    window, tab, link to Websites and services, or other features that are part of the Software; (vi)
    incorporate, integrate or otherwise include the Software or any portion thereof into any software,
    program or product; (vii) provide false information when registering an account, obtaining a
    Subscription or otherwise using the Software; (viii) digitally transmit or make available the Software
    or its content through local networks, intranets, extranets, FTP, online discussion boards, forums,
    list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of
    shared communication system, or place the Software onto a server so that it is accessible via a public
    network such as the Internet; (ix) Use the Software in any way that violates this Licence or any law;
    or (x) authorise or assist any third party to do any of the things described in this section.
  13. PUBLICITY
    You shall not refer to the existence of this Licence in any press release, website, advertising or any
    publicly distributed or accessible material, without the prior written consent of REISA.
  14. SOFTWARE LICENSE KEY
    Certain features or content of the Software may require the purchase of a Software license key. You
    agree not to attempt to, and not to, control, disable, modify or remove any component of the
    Software license key protection system. You also agree not to access, attempt to access, copy, share
    or distribute the license key for any purpose.
  15. SOFTWARE UPDATES
    The Software is configured to automatically check for updates. By Using the Software, You consent
    to receiving software updates, modifications, and/or patches that address issues such as security,
    interoperability, and performance. Your Use of the updates shall be governed by this Licence unless
    You are asked to agree to a new Licence at the time of use, download or installation.
  16. PRIVACY
    We respect your right to privacy and are committed to safeguarding the privacy of our customers
    and those of our Members. We adhere to the Australian Privacy Principles contained in the Privacy
    Act 1988 (Cth).
    During use of the Software, You may be asked to provide certain information that will be used to
    personalise certain Documents, send You REISA information via email or mail, and customise some
    information presented to You through the Software. All personal and billing information is
    transmitted Using the secure SSL protocol. Both personal and non-personal information collected by
    the Software is safeguarded according to the highest privacy and data protection standards adopted
    worldwide, and will not be shared or given without Your consent as described in Our Privacy Policy.
    We reserve our right to use all of that data to produce non-personal, aggregate statistical
    information (“Aggregate Data”). We reserve the right to use, maintain, update and sell Aggregate
    Data. We use Aggregate Data to, among other things: assess general industry trends and other
    industry patterns. We hope that by assessing those trends and patterns, we can update the Software
    and Material in ways that will make it more useful to users. We agree to protect Your privacy by
    removing all personal identifiers from any data that we collect into these non-personal, aggregate
    statistics. We will not disclose to third parties any identifying data unless: (i) You expressly tell or
    permit us to disclose such information or (ii) we believe in good faith that we must do so to comply
    with legal requirements such as a laws, regulations, search warrants, subpoenas or court orders. If
    You have questions about how we aggregate data or how we use aggregated data, please contact
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    REISA at email address reisa@reisa.com.au. We may share aggregate data with third parties who
    provide products and services regarding property and real estate. In doing so, we ensure that such
    third parties have a privacy policy that applies to Your information. If You would like a list of who we
    provide Aggregate Data to, please contact REISA at reisa@reisa.com.au. If You do not wish to have
    Your aggregate data provided to third parties, please contact REISA at reisa@reisa.com.au.
    By using the Websites and/or Software, You allow REISA to collect anonymous information relating
    to Your Use of the Software, such as the frequency of Your Use of the Software and of certain
    features, and information on errors occurring during Your Use of the Software. This anonymous
    usage data will be used to diagnose performance issues and improve the reliability of the Software
    and its features. This data will not be tied to any information that would personally identify You.
    We will, from time to time, receive and store personal information You enter into our Software. We
    may disclose Your personal information to any of our employees, officers, insurers, professional
    advisers, agents, suppliers, subcontractors insofar as reasonably necessary for the operation of our
    business, to develop and/or promote our services. Wherever possible, we will try to de-identify all
    data to remove personal information. Personal Information may be disclosed for the purpose for
    which it was collected and other associated purposes to other parties including to the landlord,
    referees, agents, media organisations, on the internet, to potential tenants, or to clients of our
    Members both existing and potential, as well as to tradespeople, owners, corporations, government
    and statutory bodies, and to third party operators of tenancy reference databases.
    We may use personal information collected from You to provide you with information, updates and
    our services or to improve their products and services and better understand Your needs. We may
    from time to time need to disclose personal information to comply with a legal requirement, such as
    a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response
    to a law enforcement agency request. If there is a change of control in our business or a sale or
    transfer of business assets, we reserve the right to transfer to the extent permissible at law our user
    databases, together with any personal information and non-personal information contained in those
    databases. This information may be disclosed to a potential purchaser under an agreement to
    maintain confidentiality. We would seek to only disclose information in good faith and where
    required by any of the above circumstances. By using the Websites and/or Software You expressly
    consent to the collection and use of the Personal Information. Where we disclose your personal
    information to third parties, we will request that the third party follow these terms regarding
    handling your personal information.
  17. LIMITATION OF LIABILITY
    You agree and acknowledge that REISA is not responsible for, and accepts no liability in relation to,
    Your Use of, access to or conduct in connection with the Websites and/or Software in any
    circumstance. Except as required by law, REISA and its employees, directors, licensors, contributors
    and agents will not be liable for any direct, indirect, special, incidental or consequential damages
    arising out of or in any way relating to (i) this Licence, (ii) the Use of or inability to Use the Website
    and/or Software, (iii) any loss or detriment resulting from any decision by You in reliance on the
    Websites, Software, Material or Documentation, (iv) any interruption, delay in operation or
    transmission, virus, communications failure, internet access difficulties, or malfunction in equipment
    or software including without limitation damages for loss of goodwill, work stoppage, lost profits,
    lost revenue, lost production, lost opportunity, loss of data, and computer failure or malfunction,
    even if advised of the possibility of such damages and regardless of the cause of action (contract,
    tort or otherwise) upon which such claim is based. To the maximum extent permitted by law, REISA
    excludes all conditions and warranties relating to Your Use of the Websites and/or Software that are
    not expressly set out in this Licence. To the extent that Our liability for breach of any implied
    Page 8 of 9
    warranty or condition cannot be excluded by law, Our liability will be limited, at Our absolute option,
    in the case of services supplied or offered by Us to the re-supply of those services or the payment of
    the cost of having those services re-supplied; and in the case of goods supplied or offered by Us to
    the replacement of the goods or the supply of equivalent goods, the repair of the goods, the
    payment of the cost of having the goods replaced, or the payment of the cost of having the goods
    repaired. In relation to any express warranty or condition set out in these terms of Use or in
    connection with goods or services supplied or offered by Us via the Websites and/or Software, Our
    liability to You will be limited to the amount(s) paid by You (if any) in respect of those goods or
    services.
  18. DISCLAIMER OF WARRANTY
    You understand and agree that You Use the Website and/or Software at Your sole risk. You accept
    the Software “as is” and with all faults (if any). REISA disclaims all warranties, express or implied,
    including but not limited to warranties of merchantability and fitness for a particular purpose. REISA
    makes no warranty or representations whatsoever regarding the content of the Documents and
    Your use of the Documents, or the suitability of the Documents to meet Your specific needs. The
    documents are detailed, but generic in form. You are strongly urged to obtain competent legal
    counsel to review the Documents you create using the Software and to advise you on any
    transaction in which you intend to engage. Except where expressly stated otherwise, Material
    and/or Documents on the Websites and/or in the Software is provided as general information only.
    It is not intended as advice and must not be relied upon as such. You should always conduct Your
    own inquiries and seek independent legal, financial planning, tax and/or other advice tailored to
    Your specific needs and circumstances prior to making any decision or omitting to take action. REISA
    does not make any representation or warranty that any Document or Material on the Websites or in
    the Software is reliable, accurate or complete, nor do We accept any responsibility arising in any way
    from errors or omissions.
  19. VIOLATIONS OF THIS LICENCE
    REISA reserves all rights not specifically granted to You above. REISA will have the right to proceed
    against You in the event that You infringe any or all of REISA’s rights. Any Use not within the precise
    scope of the License set forth herein will be considered an infringement. You acknowledge and agree
    that REISA’s damages in the event of Your violation of this Licence will be substantial and that REISA
    will suffer irreparable harm in such event. As such, REISA shall have the right to obtain equitable
    remedies, including but not limited to recovery of damages, obtaining injunctions, recovering
    statutory damages, recovering attorney fees, and any other available legal remedy.
  20. TERMINATION
    This Licence shall immediately terminate if Your Membership of REISA expires, is terminated, ceased
    or suspended. REISA shall have the sole and exclusive right to immediately and unilaterally suspend
    and/or terminate this Licence (in whole or in part) and cease Your access to the Websites and/or
    Software (in whole or in part) (i) should You fail to perform any obligation required under this
    Licence, (ii) if You become bankrupt or insolvent, (iii) if REISA deems You are no longer actively Using
    Your subscription, (iv) if You engage in activity that REISA deems harmful to its reputation,
    commercial operations or to be in contravention to its Code of Conduct, (v) if in REISA’s sole opinion,
    You have not adequately protected the Member Identification Information and/or security
    information or passwords or Your actions or inactions may or could reasonably bring to the
    profession into disrepute. This Licence takes effect upon Your Use of the Websites and/or the
    Software and remains effective until terminated. Upon termination of this Licence by REISA, You
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    shall return to REISA the original and all copies of the Software and Documents including partial
    copies and modifications.
  21. WAIVER & SEVERABILITY
    REISA’s waiver of any breach of this Licence shall not constitute an amendment to this Licence or
    REISA’s waiver of subsequent breaches. If any part of this Licence is found void and unenforceable, it
    will not affect the validity of the balance of this Licence, which will remain valid and enforceable
    according to its terms.
  22. ELECTRONIC NOTICES
    You consent that REISA may provide You with information and notices regarding the Software and
    REISA via the email address You designate when registering or Using the Websites and/or the
    Software or thereafter. REISA may provide notices to You via (i) email if You have provided REISA
    with a valid email address, or (ii) by posting the notice on the REISA Websites or via the Software.
    You may withdraw your consent for electronic notices.
  23. AMENDMENTS
    REISA reserves the right to unilaterally amend all offers, terms or other matters pertaining to the
    Software, Websites or this Licence. Any such changes, additions or amendments shall be published
    to the Websites and shall immediately bind You once uploaded or published. No course of dealing
    or trade Usage shall be deemed to amend the terms of this Licence.
  24. GOVERNING LAW
    This Licence shall be governed by and construed under the laws in force in South Australia. You
    irrevocably submit to the exclusive jurisdiction of courts exercising jurisdiction in South Australia and
    courts of appeal from them in respect of any proceedings arising out of or in connection with this
    deed. You irrevocably waives any right You have to object to the venue of any legal process in the
    courts of South Australia on the basis that any proceeding arising out of or in connection with this
    Licence has been brought in an inconvenient forum; or that the South Australian Courts do not have
    jurisdiction.
  25. COMPLETE AGREEMENT
    This is the entire agreement between REISA and You relating to the Websites and Software and it
    supersedes any prior representations, discussions, undertakings, warranties, communications or
    advertising relating to the Websites and/or Software.
  26. QUESTIONS OR COMMENTS
    For inquiries please contact:
    [insert]
    REISA and REI Forms Live, are either the registered trademarks or trademarks of REISA in Australia and/ or other countries.