1. Introduction
1.1 These Terms of Use apply to the use and access of the Real Estate Institute of Tasmania (ACN 009 481 207) (REIT) website, including to your use of REIT Realforms.
1.2 By using and accessing this website and accessing REIT Realforms, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you should not access this website or use REIT Realforms.
1.3 REIT may change these Terms of Use at any time by publishing variations on this website, and you are encouraged to check this page from time to time. Your continued use of this website and REIT Realforms will be deemed acceptance of these Terms of Use as amended.
2. Website information
2.1 REIT endeavours to take reasonable care to ensure that information and material published on this website is free from error and kept up-to-date. However, REIT does not make any warranties in relation to the accuracy, currency, reliability or completeness of any content that is published on this website, whether or not that content was published by REIT or third party website users.
2.2 The services and products that REIT provides through this website include: membership with REIT, events, professional development, and our applications, documents and other services, including REIT Realforms (Services).
2.3 Information and material made available on this website is provided in good faith but is for general informational purposes only. You should not rely on this information unless you have independently verified it.
2.4 Website information, views, comments and materials do not necessarily reflect REIT’s views unless expressly stated otherwise.
2.5 REIT reserves the right to remove any information and material uploaded to this website and REIT Realforms at REIT’s sole discretion and without prior notice.
3. Use of the website and REIT RealForms
3.1 It is a condition of your use of this website that you will not use this website or REIT Realforms for any purposes that are prohibited by these Terms of Use. In particular, you agree not to:
a. make available, transmit or otherwise electronically communicate information, material or media using this website that you do not have a right to make available, transmit or communicate;
b. use this website to defame, harass, stalk, threaten or otherwise offend any person;
c. impersonate any other person or entity;
d. breach any laws or regulations which are applicable to your use of this website in your jurisdiction;
e. undermine the operation, security and integrity of the information technology infrastructure in which REIT Realforms is deployed, in any way;
f. use REIT Realforms in any way that impairs the ability of any other user to use REIT Realforms;
g. use REIT Realforms to view, access or copy any material or data other than which you are expressly authorised to do so;
h. resell, resupply or share REIT Realforms, except as expressly permitted under these Terms of Use;
i. permit any third party to access or use REIT Realforms, except as authorised by REIT in writing;
j. modify, adapt, derive, reverse assemble, reverse compile, reverse engineer, decode, translate or revive source code from the whole or any part of REIT Realforms to create any derivative works except to the extent that you are expressly permitted by any law or by REIT in writing; or
k. use REIT Realforms to create any competing product.
3.2 You must only use REIT Realforms for your business purposes related to real estate.
3.3 Without limiting your other obligations under these Terms of Use, you must use REIT Realforms in accordance with these Terms of Use, any user instructions or user manuals relevant to the operation of REIT Realforms, any reasonable directions of REIT and all applicable laws.
4. Data and privacy
4.1 REIT respects your right to privacy and collects and manages personal information in accordance with all applicable laws and REIT’s Privacy Policy which may be reviewed at: https://www.reit.com.au/privacy-policy/.
4.2 In respect of any comments, information, images, text, details, or other media you submit, post, transmit to or otherwise upload to the REIT website, including REIT Realforms (Data), you represent and warrant that:
a. if you upload Data which is “personal information” or “sensitive information” as defined in the Privacy Act 1988 (Cth) (Privacy Act)about an individual, you have obtained all relevant consents required in order for this Data to be uploaded and used by REIT in accordance with these Terms of Use;
b. the Data is current, complete and accurate and you will promptly update such Data to maintain its completeness and accuracy;
c. you own or are authorised to provide the Data;
d. providing the Data is in compliance with all applicable laws, including the Privacy Act; and
e. the Data does not infringe the intellectual property rights of others or breach any applicable laws.
4.3 You grant to REIT a world-wide, sub-licensable, transferable licence to use, reproduce and adapt the Data, including by any and all means and media (whether now known or existing in the future) (Licence):
a. to give you access to REIT Realforms;
b. to facilitate the preparation and processing of contracts and other documents through the REIT Realforms as requested by you;
c. to provide and improve products and/or services associated with the REIT Realforms;
d. to comply with all relevant laws and regulations; and
e. for any other purpose with your consent.
4.4 You agree that the Data may also be used on an aggregated or non-aggregated (but de-identified basis) as permitted by law, in property information products and reports showing market insights, comparisons and trends in sales figures, rental turnover or property attributes and within tools, reports and products for real estate agencies and other commercial businesses for use in their business.
4.5 You warrant you have the right to grant the licence under clause 4.3 and you warrant that REIT’s or any sub-licensee’s use of the Data in accordance with that licence will not infringe the rights of any person.
4.6 You agree that REIT will not be responsible or liable to any third party for the Data, or accuracy of the Data or any other any content posted by any other user of our website.
5. Operation of the website
5.1 You acknowledge that this website, including REIT Realforms may use products and/or services of third parties that are integrated with REIT Realforms or REIT Realforms may be integrated with products and/or services of third parties (Third Party Services). This includes, without limitation, certain services provided by Land Services SA Operating Pty Ltd ACN 618 229 815 (LSSA) in connection with REIT Realforms.
5.2 Your access to any Third Party Service (including through REIT’s website or REIT Realforms) is subject to any policy or terms of use of that third party.
6. Third party website links
6.1 This website may contain links to third party websites. REIT has no control over the content of any linked website and it is your responsibility to satisfy yourself as to the accuracy, currency and reliability of third party web content.
6.2 Despite any link to third party websites on or through this website, REIT does not endorse the content or material contained in any third party website, unless expressly stated otherwise.
6.3 You acknowledge that any website access is dependent on third parties like telecommunication providers and internet service providers and that REIT does not guarantee the secure or continuous connection or access by you in respect of this website. However, REIT will take all reasonable steps to protect all information collected by REIT through this website from misuse, loss, unauthorised access, modification or disclosure.
7. Cookies
7.1 This website uses cookies. Cookies are small amounts of information in the form of text files which we store on your computer. Cookies allow REIT to monitor usage of the website, improve the website’s usability and to personalise the content for you.
7.2 If you do not wish for REIT to install cookies on your computer for these purposes, you may change the settings on your internet browser to reject cookies. For more information about how to do this please consult the “Help” section of your browser. Please note that if you choose to reject cookies, you may not be able to use all of the features of this website and REIT Realforms.
8. Membership
8.1 In order to access certain parts of REIT’s website (including REIT Realforms) you will be required to become a member of REIT.
8.2 You may apply to be a member of REIT by providing the details requested by REIT which are found in the Application for Membership form found at this link: https://reit.com.au/members/become-a-reit-member/.
8.3 REIT may approve or reject your application for membership in its sole discretion.
8.4 More information on membership can be found at this link: https://reit.com.au/members/why-join-us/
9. Registering for a REIT RealForms account
9.1 In order to access REIT Realforms you will need to set up an account with us and set up Multi Factor Authentication (MFA) as required by the REIT Realforms.
9.2 You can register for an account via the REIT Realforms platform found at this link: https://app.reitforms.com.au. You will be required to create a user name and password to access REIT Realforms.
9.3 While we make every effort to ensure the security of REIT Realforms and your account, you are also responsible for the security of your account. You agree to:
a. take all reasonable steps to ensure your account is protected from theft, loss or fraudulent use at all times;
b. ensure your account may only be accessed by you and is non-transferable;
c. keep your user name and password secret, secure and protected at all times;
d. lock your computer when it will be unattended and sign out of REIT Realforms at the end of each session;
e. utilise MFA as and when required by REIT Realforms;
f. supply us with complete, accurate and up to date personal information when registering on REIT Realforms and keep that information up-to-date while your account remains active; and
g. promptly notify us if you believe your log in details have been compromised, stolen, lost or misused in any way.
9.4 If your information is not kept up-to-date, we may not be able to provide you with our Services. We may deny you access to Services if we find or reasonably believe that the information you have provided is inaccurate, misleading or incomplete.
9.5 REIT may request you to provide proof of identity for verification purposes and you agree to promptly comply with any such request that is made.
9.6 When you create an account, you agree that you are entirely and solely responsible for all use and activity that occurs on your account.
10. Subscription and fees
10.1 The fees for REIT Realforms will be at the agreed rate at the time you create an account.
10.2 The fees are payable on a subscription basis and this subscription will commence from the time you register an account and continue for a 12 month period.
10.3 If you wish to continue your subscription beyond the initial 12 month period, you will need to re-subscribe to REIT Realforms and pay the applicable fees every 12 months. You will be directed to re-subscribe at the end of the 12 month period.
10.4 REIT may amend the fees payable for a subscription to REIT Realforms from time to time by providing not less than 30 days’ notice in writing to you. Any such amendment will only apply to new subscription terms and with your agreement.
10.5 Fees are payable annually in advance at the time you renew your subscription.
10.6 You acknowledge that the subscription fees payable may include a card surcharge (charged by the payment processing provider of the authorisation and payment of the subscription fees) where payment is made by credit card or debit card.
10.7 Card surcharges will be notified to you prior to you confirming your subscription. Where card surcharges apply, the applicable card surcharge will be automatically deducted from your nominated credit or debit card each time you pay the subscription fees.
11. GST
11.1 In this clause:
a. GST means GST within the meaning of the GST Act.
b. GST Act means A New System (Goods and Services Tax) Act 1999 (as amended).
c. Expressions used in these Terms of Use have the same meanings as when used in the GST Act.
11.2 Except where these Terms of Use state otherwise, each amount payable by a party under these Terms of Use in respect of a taxable supply must, in addition to that amount and at the same time, pay to the supplier the GST payable in respect of the supply.
11.3 An amount payable by a party in respect of a creditable acquisition by the other party from a third party must not exceed the sum of the value of the party’s acquisition and the additional amount payable by the other party under clause 11.2 on account of the GST liability.
12. Liability and complying with laws
12.1 To the extent permitted by law, neither REIT, nor any of its affiliates, will be liable for any direct, indirect, incidental, consequential, special, exemplary or other damages (including for loss of profits, goodwill, information, data or other intangible losses) that you or others may suffer arising out of:
a. access to or use of a linked third party website;
b. your inability to use this website or REIT Realforms;
c. loss of connection or network,
d. activities resulting from the loss or misuse of your user ID, password or other access mechanism; or
e. statements or conduct of any third party including any content, material on, or linked to any third party websites,
except to the extent that the relevant liability or loss was caused or contributed to by REIT or REIT’s employees, agents or contractors.
12.2 Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted or modified by agreement.
12.3 Every effort is made to keep our website and REIT Realforms up and running smoothly. However, REIT takes no responsibility for, and will not be liable for, the website or REIT Realforms being temporarily unavailable due to technical issues beyond REIT’s control.
13. Indemnity
13.1 You agree to indemnify and hold REIT harmless from any and all costs, claims, demands, losses, liabilities, and expenses (including without limitation, reasonable legal fees) as a result of any claim brought by a third party against REIT in connection with:
a. your unauthorised use or misuse of REIT Realforms or the website;
b. your negligent act or omission, fraud or wilful misconduct in the use or misuse of REIT Realforms or the website;
c. your breach of these Terms of Use;
d. your infringement of REIT’s or any third party’s intellectual property rights in connection with your use of REIT Realforms or the website;
e. your use of REIT Realforms or the website in any illegal manner,
except to the extent that the relevant liability or loss was caused or contributed to by REIT, or any of REIT’s employees, agents or contractors.
14. Intellectual Property
14.1 Unless specified otherwise in these Terms of Use, REIT holds the copyright in the content of this website, the forms created by REIT Realforms (Forms) and all other material on the website and REIT Realforms.
14.2 The copyright in REIT Realforms (excluding the Forms, the Data and any other intellectual property owned by REIT) is owned by REI Coinvest.
14.3 REIT grants you a limited licence (or where applicable, sub-licence) to download content from this website and REIT Realforms for business purposes related to real estate. You are not permitted to reproduce or alter the website’s content, or any copy of it, for any purpose without the prior express written consent of REIT.
14.4 All trade marks and logos displayed on our website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws.
14.5 If you wish to make any other use of the material on this website, you must obtain REIT’s written permission before doing so.
15. Outages
15.1 You acknowledge and agree that REIT Realforms may not operate in an uninterrupted manner and/or be available 24 hours a day, 7 days a week.
15.2 REIT Realforms may be closed down or curtailed (or alternatively only available on a reduced or restricted basis), if there is:
a. any planned maintenance, repair, or alteration of REIT Realforms including preventative maintenance or repair; or
b. any upgrade or major repair work to REIT Realforms or any other system which integrates, interfaces or interoperates with REIT Realforms.
16. Suspension
16.1 REIT may suspend your access to the website or REIT Realforms at any time with as much notice as is reasonably practical in the circumstances, if:
a. your membership of REIT is suspended for any reason;
b. REIT’s access to REIT Realforms is suspended for any reason;
c. you are subject to an event of insolvency or bankruptcy;
d. you fail to pay any amount that is due to REIT within 10 business days of REIT providing you notice that the amount is outstanding;
e. there is any immediate risk to the security of REIT Realforms; or
f. REIT (or a third party) reasonably suspects you are in breach of your obligations under these Terms of Use and you fail to remedy that breach within 20 Business Days of receiving notice from REIT to do so.
16.2 If your access to REIT Realforms is suspended, and such suspension is not due to your default, REIT will provide a refund of the fees payable during the period in which your access to REIT Realforms is suspended.
17. Termination
17.1 You may terminate your use of REIT Realforms at any time upon written notice to REIT.
17.2 REIT may terminate your use of REIT Realforms by notice in writing to you if any of the following occurs:
a. you cease to become a member of REIT for any reason;
b. you fail to comply with any provision of these Terms of Use, and such failure is not remedied within 30 Business Days of REIT providing notice to you of such failure;
c. if you suffer any form of insolvency administration or bankruptcy, except to the extent that a stay on the exercise of such a right applies under applicable law; or
d. REIT’s agreement with any third party which is essential for the ongoing use of REIT Realforms is terminated for any reason.
17.3 If your use of REIT Realforms is terminated for any reason:
a. your rights to use REIT Realforms cease immediately;
b. you must pay to REIT all outstanding invoices to date and all other amounts outstanding as at the date of termination and in relation to which Services have been provided;
c. REIT may in its sole discretion take such action as is reasonably necessary to prevent your continued access to this website and REIT Realforms; and
d. You will not be entitled to any refund of any fees paid, unless the termination is not due to your breach of these Terms of Use or your insolvency, in which case a refund will be provided for the remainder of the term of your subscription from termination.
17.4 Notwithstanding that you may not be entitled to any refund, REIT may refund your fees in its sole and absolute discretion.
18. Transfer and assignment
REIT may transfer or assign all or part of its rights or duties under these Terms of Use provided REIT takes reasonable steps to ensure that your rights under these Terms of Use are not prejudiced or diminished. As these Terms of Use are personal to you, you may not transfer any of your rights or duties under it without our prior written consent (which will not be unreasonably withheld).
19. Professional advice
The content of this website has been compiled for general information purposes only and does not include any legal, financial or other professional or non-professional advice and may not take into account your personal circumstances. You should seek independent advice from a qualified advisor before acting on the content in this website, or any websites linked to this website.
20. Jurisdiction
The law applicable to the use of this website and to these Terms of Use is the law of Tasmania, Australia, and the parties submit to the exclusive jurisdiction of the courts of Tasmania in relation to any matters arising under these Terms of Use, or in relation to this website.
21. Invalidity
If any part of these Terms of Use are for any reason declared invalid or unenforceable, the validity of the remaining portion is not affected and the remaining portion is to remain in full effect as if these Terms of Use had been signed with the invalid portion removed.
22. Notices
22.1 Notices (including any written communications or statements) from REIT to you may be:
a. sent to the address provided by you in your account details;
b. sent by email to the email address provided by you in your account details; or
c. given by any other method permitted by law.
22.2 Notices (including any written communications or statements) from you to REIT may be sent:
a. by email to reit@reit.com.au; or
b. by post to 33 Melville Street, Hobart TAS 7000.