Terms of Use

    General Disclaimer

  1. To the extent permitted by law we will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website ("Linked Website")

    2. The Platform

  2. The website SmartConveyancer™, and mobile applications, (collectively "Platform") is owned, operated and controlled by Spin Solutions Pty Ltd ACN 166 396 256, trading as SmartConveyancer™, who along with its associated entities, and each of their directors, affiliates or employees (as appropriate) are referred to as “we”, “us” or “our” in these Terms of Use.

  3. The Platform provided and operated by SmartConveyancer™ allow buyers and sellers of property to complete their legal obligations towards the transfer of land and property in Victoria, Australia. The platform may also refer to the services, website, mobile applications, content, products or any other services provided by SmartConveyancer™ (collectively “Services”).

  4. By opening an account to use the Services provided by SmartConveyancer, you expressly represent and warrant that you have accepted our Terms of Use, and any additional terms and conditions displayed on the Platform (including without limitation our Privacy Policy and AML-CTF Policy) as they apply from time to time.

  5. We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform. You are provided with access only for your personal and non-commercial use.

  6. We may amend, modify, add to or delete these Terms of Use at our discretion and those amendments, modifications, additions or deletions apply to your use of the Platform and Services as soon as they are displayed on the Platform (whether or not you are aware of those amendments, modifications, additions or deletions). All subsequent transactions by you will be subject to the amended and most current Terms of Use.

  7. Your eligibility and use of our Platform and Services is dependent upon your country of residence. The Services provided by SmartConveyancer™ are limited to the following jurisdiction: Victoria, Australia.

    8. Your Obligations

  8. You warrant to us that you are a bona fide user of SmartConveyancer’s Platform and Services for the purposes of real estate sales and purchases and any conveyancing/legal works that may be required for the purpose of transfering real property.

  9. You must not:
    1. Engage in any restricted or criminal activities, including but not limited to:
      1. Terrorist financing;
      2. Money laundering;
      3. Illegal gambling;
      4. Distributing or funding drugs and drug paraphernalia;
      5. Malicious hacking;
    2. Knowingly or recklessly provide us with inaccurate or incomplete information through the Platform;
    3. Use SmartConveyancer’s Platform and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
    4. Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
    5. Interfere with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
    6. Use this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
    7. Knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on SmartConveyancer’s Platform and Services;
    8. Use the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
    9. Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
    10. Publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
    11. Collect or store personal data about other users of the Platform; or
    12. Do anything else which may interfere with or negatively affect the operation of our Platform, Services or others users.

  10. Any user of SmartConveyancer’s Platform who violates or breaches our Terms of Use may have their account/membership and/or trading account terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by SmartConveyancer™ or any other user of the Platform. You agree to forfeit any subscriptions and/or costs you may have incurred to the end of the subscription period.

  11. SmartConveyancer encourages users to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing us at SmartConveyancer™ Support. If you notify us in good faith, we will not restrict your use of our Platform or Services.

    12. Transactions

  12. We may delay, suspend or cancel a financial transaction if we believe the transaction may be subject to illegal activity, fraud, including but not limited to the activities outlined above.

  13. We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, or if SmartConveyancer™ is unable to execute the transaction. This may be subject to reliance on a third party supplier, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or subject to a law enforcement action.

    14. Termination

  14. SmartConveyancer™ may suspend, limit, restrict, deactivate or terminate your access to SmartConveyancer’s Platform and Services, including your SmartConveyancer account, if:
    1. You gain or attempt to gain unauthorised access to the Platform or another SmartConveyancer™ member’s account;
    2. There is a technical or operational difficulty;
    3. You use the SmartConveyancer™ Platform in order to perform illegal or criminal activities;
    4. Your use of the SmartConveyancer™ Platform is subject to any pending investigation, litigation or government proceeding;
    5. You fail to pay or fraudulently pay for any transactions;
    6. We are unable to support your use;
    7. You breach any terms of this Terms of Use Agreement or Privacy Policy; or
    8. SmartConveyancer™ receive a request from a law enforcement or government agency to do so.

  15. You may cancel your SmartConveyancer™ account at any time, following the settlement of any pending transactions and/or invoices. You will not be charged any fees for cancelling your SmartConveyancer™ account, however you must pay any outstanding amounts owed to us.

    16. Indemnity

  16. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless SmartConveyancer™ (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:
    1. your conduct and use of our Platform and Services;
    2. your breach of these Terms of Use, SmartConveyancer’s Privacy Policy and/or AML-CTF Policy;
    3. your breach of any law, regulation or rule;
    4. your violation or breach of SmartConveyancer’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
    5. any information that you provide to us via our Platform and Services; or
    6. any damage that you may cause to our Platform and Services, to any SmartConveyancer™ user or any other person or entity.

  17. This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.

    18. Liability

  18. To the maximum extent permitted by law, SmartConveyancer™ does not guarantee the quality, performance or fitness for purpose of the Platform and Services or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Platform and Services and SmartConveyancer™ will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the Platform and Services or the use of or reliance on information contained on or linked to the Platform and Services.

  19. To the maximum extent permitted by law, the total aggregate financial liability of the Indemnified Parties to you, whether in contract, tort or statutory liability or otherwise, is limited to supplying the Platform and Services again or payment of the cost of having the Platform and Services supplied again.

  20. We do not provide any warranty in relation to your use of SmartConveyancer’s Platform and Services and we do not provide any warranty that the information displayed on our Platform and in relation to the Services is up-to-date, accurate or complete. SmartConveyancer’s Platform and Services does not provide information to evaluate whether or not you should invest, use and trade in real estate property. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on our Platform and in relation to the Services.

  21. You should independently satisfy yourself as to the information provided through SmartConveyancer’s Platform and Services. You agree to use SmartConveyancer’s Platform and Services at your sole risk and at an “as is” basis.

    22. Security

  22. The transmission of information over the Internet (including to or from the Platform) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means.

  23. Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

  24. You acknowledge that you use the Platform and Services (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Platform and Services or that your access or use will be uninterrupted, timely or secure.

  25. SmartConveyancer™ uses a two-factor authentication process in order to verify your identity, maintain security and prevent any fraud.

  26. As part of SmartConveyancer’s commitment to protecting your account, all significant financial and trading transactions made by you from the SmartConveyancer Platform to another third party website, platform or user, as well as all Australian Dollar withdrawals from the Platform to your personal bank account, may be required to be performed using SmartConveyancer’s two-factor authentication. SmartConveyancer™ users may be required to implement and use two-factor authentication for all withdrawals and transactions to buy, sell and pay for Services. It is your responsibility to implement such measures, programs and applications onto your computer and/or phone, such as Google authenticator, and how to use these security measures in order to complete the transaction.

  27. By using our Platform and Services, you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to date.

  28. SmartConveyancer™ may provide your personal information or any other information such as your IP address or when your account was last accessed if requested by a law enforcement agency or government agency.

  29. By creating a SmartConveyancer™ account, you authorise SmartConveyancer™ to make enquiries to verify your identity either directly or through third parties, in order to protect our Platform, Services and other users against fraud. In order to verify your account, you will provide us with personal information which will be verified against databases in your country, as such it is imperative that you provide us with accurate and up-to-date information. The verification of your identity and on-boarding of your account may take up to 10 business days to complete. You represent and warrant that the information you provide to us through our Platform is correct and up-to-date.

  30. We cannot guarantee the identity of any other user, receiver or other party you engage with.

  31. You agree that you will not use any other SmartConveyancer™ account other than your own account, or access the account of another member or assist others in obtaining unauthorised access. If you use or obtain access to a SmartConveyancer™ account, other than your own, this will result in immediate suspension and possible termination of your account. Any pending transactions or trades will also be suspended.

  32. You are accountable for maintaining and preserving the confidentiality of your account information, your personal information you provide to SmartConveyancer™, the strength level of your password, whether you implement a two-factor authentication (unless otherwise stipulated in these Terms of Use), protecting your digital assets by using a digital wallet and any other activities you undertake when using our Platform and Services. SmartConveyancer recommends you implement and use two-factor authentication at all times when transacting on the Platform. Do not hold large amounts of Australian Dollars on the Platform as this is a security risk and may increase your exposure to hacking and misappropriation of your account.

  33. You must notify SmartConveyancer™ immediately of any unauthorised access or use of your account, password or any other applicable breach of our Platform and Services by submitting a support request on our website.

    34. Linking and Framing

  34. This Platform may contain links to other websites (Third Party Website) and may display content or information from other websites within frames on this Website (Third Party Content). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that advertising or that referral.

  35. We are not responsible or liable for the Third Party Website, any Third Party Content nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Platform.

  36. We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a Third Party Website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth).

  37. We do not warrant the accuracy, currency or suitability for any purpose of the Third Party Websites or Third Party Content nor do we endorse the offers, products or services which they promote.

  38. All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and in so far as such links to Third Party Websites or Third Party Content are hosted on the Platform they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.

    39. Cookies

  39. We may use cookies to identify your computer on our server and so we can track your use on our Platform. In some instances cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

    40. Intellectual Property

  40. All information, graphics, data, prices, charts, video, audio and any other material (Platform Material) displayed on or available on the Platform, and all the underlying source code and software, is owned or used under license by us, except where expressly stated in these Terms of Use or elsewhere on the Platform.

  41. This Platform, all Platform Material and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this Platform for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on this Platform without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the Platform or the Platform Material.

  42. All trademarks, registered trademarks, product names, logos and company names mentioned on this Platform are either owned by us or are displayed under licence or with permission from the owner. Those third-party marks, logos and names remain the property of their respective owners.

  43. Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by SmartConveyancer™ or the respective trademark owner.

    44. Privacy

  44. Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy.

    45. General

  45. SmartConveyancer™ will communicate with customers by email and telephone and will never provide links to other websites or request sensitive information such as 2-factor codes and passwords. If you are not sure if the email or telephone call you received is secure and from a trusted source, please email us at SmartConveyancer Support and we will be able to assist you.

  46. By using SmartConveyancer’s Platform and Services, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions or trades you conduct through our Services. It is also your responsibility to seek professional tax advice with respect to personal, business and self-managed superfund accounts as well as to ensure that you are compliant and that the platform and features satisfy your requirements. SmartConveyancer™ does not provide any advice or take any responsibility for information that you receive through our Platform and Services.

  47. The Terms of Use published on the date you view them on the Platform supersede all prior versions.

  48. If any provision of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms of Use will be in full force and effect.

  49. If we are unable to perform our Services as stipulated in the Terms of Use due to circumstances out of our control, including but not limited to, change of law, regulations or policy, or an event of Force Majeure, we will not be held liable.

  50. These Terms of Use are governed by the laws of the State of Victoria and in the event that we have a legal dispute relating to this Platform or these Website Terms and Conditions, the Courts of Victoria will have non-exclusive jurisdiction.