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
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
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.
- 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 firstname.lastname@example.org OR contacting the
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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.
- 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
- 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.
- 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.
- PROPRIETARY RIGHTS
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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
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’
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
- 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
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
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
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.
- 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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- 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.
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
websites, then You may not be able to gain access to all the content and facilities of the website.
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
- 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.
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
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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.
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.
- 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.
- 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.
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
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 email@example.com. 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
provide Aggregate Data to, please contact REISA at firstname.lastname@example.org. If You do not wish to have
Your aggregate data provided to third parties, please contact REISA at email@example.com.
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.
- 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
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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
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
- 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.
- 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.
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.
- 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.
- 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.
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.
- 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
- 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.
- QUESTIONS OR COMMENTS
For inquiries please contact:
REISA and REI Forms Live, are either the registered trademarks or trademarks of REISA in Australia and/ or other countries.