Last updated on20/01/2025.
Welcome to the REISA Forms website. The website is owned and operated by Real Estate Institute of South Australia Limited ACN 642 822 731 ABN 82 286 272 500 (“REISA”, “we”, “us” and “our”).
Our products and services include this website and all products and services offerings of REISA made available for access and use from this website (“Services”).
Subject to applicable law, we also create and use (including sell) De-Identified Data to provide Property Information Products and Reports. This data is de-identified, but may be collected or obtained from information (including personal information) that we process in providing the Services.
The term “you” and “your” refers to the individuals and entities (and their authorised users) visiting our website, utilising our Services through our website and/or creating an account on our website, or otherwise accessing or using our website or Services (collectively, “Customers”). An “authorised user” of a Customer means an individual natural person, being an officer, employee, agent, contractor or subcontractor of the Customer, who is registered or permitted by the Customer to use our Services subject to these Terms and up to any maximum number of users or uses specified at the time of purchase of our Services.
These Terms of Use (“Terms”), along with our Privacy Policy and other notices on our website, govern the basis on which you may access and use our website and Services. Unless the context otherwise requires, all references to “website” in these Terms also include the Services.
By accessing or using (including downloading any Material from) our website, you agree to follow and be bound by these Terms.
We reserve the right to change any or all of these Terms and/or other conditions that are relevant to our website at any time by publishing the new Terms or conditions on our website. Your use of our website constitutes your acceptance of these Terms and/or other conditions.
If you object to any of our Terms or other conditions relevant to the use of our website, your sole option is to immediately cease using the website.
If you breach any of these Terms or other conditions relevant to the use of our website, REISA may prevent you from accessing or using our website and/or take appropriate legal action depending on the nature of the breach.
Upon your acceptance of these Terms, we grant you a limited, non‑exclusive and non‑transferrable licence to access and use our website only as expressly permitted in these Terms and any applicable paid Customer subscription plan that enables registration of an account for the use of certain Services (“Subscription Plan”).
Subject to these Terms, REISA grants you permission on a limited, non‑exclusive, non‑transferrable basis to access and use (including download Material available on) the website, provided that you:
(a) retain all copyright notices and other proprietary notices on the Material;
(b) use the website (and any Material) solely for personal or internal, non‑commercial use or in accordance with any applicable Subscription Plan; and
(c) do not modify the website (or any Material) in any way except as expressly permitted by law or by REISA in writing.
You acknowledge and agree that certain Services available from the website may be restricted to Customers who are REISA members and/or Customers with a paid Subscription Plan (and their authorised users). Subject to these Terms and any applicable Subscription Plan, REISA will provide such Services to Customers in accordance with the Customer’s REISA membership and/or Subscription Plan (as applicable), and REISA grants to each such Customer a limited, non-exclusive, non‑transferrable licence during the Subscription Term, solely for its internal business purposes and in accordance with its REISA membership and/or the applicable Subscription Plan, to:
(a) use the applicable Services;
(b) permit its authorised users to access and use the applicable Services up to any applicable limits or maximums; and
(c) access and use that part of the website (including the Material) available via the applicable Services.
While REISA has taken reasonable measures to ensure that information supplied on the website is free from error, we do not warrant the accuracy, adequacy or completeness of the website, including any Material.
REISA reserves the right to change or discontinue all or any part of the website, including any Material, at any time.
REISA is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website, including the Material, or an external website that is linked to this website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
To access or use certain parts of the website, you may be required to be a member of REISA (subject to our membership eligibility requirements) and/or enter a Subscription Plan and/or register an account.
To register an account, you must provide the information requested by REISA. 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.
REISA reserves the right to request, at any time, proof of identification to verify your identity.
Without limiting any other provision of these Terms, REISA reserves the right to, at our sole discretion, suspend or terminate your account or your access to the website if REISA believes that you may have breached these Terms or are no longer actively using your account.
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, in writing and in reasonable detail, if you suspect your account has been accessed by an unauthorised person.
All Intellectual Property Rights in relation to the website (including the Material) belongs to REISA and its licensors. You obtain no interest in those Intellectual Property Rights by accessing or using the website.
All content on the website (including, without limitation, the Material) is protected by Australian and international copyright and other intellectual property laws. You must not engage in any conduct or do anything which interferes with or breaches those laws or the Intellectual Property Rights in the website.
You may download and view Material, or print a copy of Material on the website, solely for personal or internal, non-commercial use or in accordance with any applicable Subscription Plan provided you do not modify the content in any way (including any applicable copyright notice) except as expressly permitted by law or by REISA in writing. Unless expressly stated otherwise, you are not permitted to copy or republish anything you find on the website without the copyright or trade mark owner’s permission.
Trade marks (whether registered or unregistered) and logos featured on the website must not be used or modified in any way without obtaining the prior written consent of REISA and/or relevant third party.
The website, products, software, technology and processes contained in the website may be the subject of other Intellectual Property Rights owned by REISA or by third parties. No licence is granted in respect of those Intellectual Property Rights other than as set out in these Terms or otherwise within the website. Your use of this website must not in any way infringe the Intellectual Property Rights of any person.
For Services requiring a Subscription Plan, the subscription fees and products and services available through the website to the Customer will depend on the Subscription Plan agreed with REISA.
Subscription Plans 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 (“Subscription Term”), unless terminated earlier. Subscription fees payable in respect of a Subscription Plan are generally non-cancellable and non-refundable. In the event of cancellation or termination of a Subscription Plan, REISA reserves the right to refund any subscription fees paid in advance in our sole option and discretion.
REISA reserves the right to, at our sole discretion, vary the products and services available under your Subscription Plan and/or suspend access to the products and services available through the website under your Subscription Plan at any time. If we make any material adverse change to the core functionality of the products and services available under your Subscription Plan during the Subscription Term, we will notify you as soon as reasonably practicable, including by publishing a notice on our website. If a Subscription Plan is terminated by you or REISA as a result of a material adverse change to the core functionality of the products and services available under it, REISA may, at its sole option and discretion, refund any subscription fees paid by you in advance.
REISA reserves the right to change the subscription fee for a particular Subscription Plan at any time, and upon notice to you if such change may affect your existing subscription upon renewal.
We will provide you with a renewal reminder notice prior to the expiry date of your Subscription. If you renew, by paying the renewal subscription fee prior to the expiry date, you will maintain continuity of benefits and your annual renewal date will remain unchanged.
Subscription fees payable by you must be paid in full and without set-off within 14 days of the date of invoice.
Unless otherwise expressly stated, subscription fees and other amounts payable by you to REISA for our Services are exclusive of GST and you must pay any applicable GST in addition to the subscription fees or other amounts payable to REISA.
We may charge you interest (calculated on a daily basis) on any unpaid amount not subject to a genuine dispute that is overdue by more than 14 days at the rate of 2% per annum above the published current lending rate for business overdrafts specified by the bank that REISA ordinarily uses for business purposes.
Without limiting any other provision of these Terms, we may terminate or restrict your (or your authorised user’s) access to all or any products and services available through the website under your Subscription Plan if, in our sole opinion, we believe that you (or your authorised user) may have breached these Terms or if your Subscription Plan is suspended or ceases.
REISA acknowledges and agrees that ownership of all rights, title and interest in and to your Customer Data in the form submitted to the Services will at all times be retained and vest at the time of creation in you. For the avoidance of doubt, De‑Identified Data is not regarded as Customer Data. REISA owns all De-Identified Data collected or obtained by REISA.
You acknowledge that if you provide personal information of others as part of your (or your authorised user’s) use of the Services, you must only do so if:
(a) that individual is informed of the relevant disclosure and use and expressly agrees and consents to you (or your authorised user) doing so and to REISA collecting, holding, using and disclosing their personal information in accordance with this agreement; and
(b) if the applicable individual does not agree and consent to the disclosure and use of their personal information as intended by you (or your authorised user), you must not provide that personal information to REISA as part of your use of the Services.
You acknowledge that your Customer Data may be stored by a third party hosting service provider.
You acknowledge that certain Services may use products and/or services of third parties that are integrated with the Services (“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 the REISA Forms platform.
You acknowledge and agree that REISA and the third parties who provide the Third Party Services may access your Customer Data in accordance with REISA’s Privacy Policy and these Terms.
You grant REISA and the third parties who provide the Third Party Services a non‑exclusive, royalty-free and fully sub-licensable right to use and retain your Customer Data:
(a) to provide and improve the website and/or Third Party Services (as applicable); and
(b) to create and use (including sell) De-Identified Data on an aggregated or non‑aggregated (but de‑identified) basis as permitted by law, including to provide Property Information Products and Reports; and
(c) for any purpose ancillary or associated with the above.
During your Subscription Term, REISA will store your Customer Data per these Terms and any applicable Subscription Plan. Your Customer Data will be made available by REISA to you on request at no cost to you.
You may retrieve and store copies of your Customer Data outside of the website at any time during your Subscription Term under these Terms, and may delete Customer Data from the website in your own discretion.
We may delete your account and all or any Customer Data associated with it, including without limitation any REISA Forms associated with your account (whether complete or not), upon expiration of your Subscription Term or termination of your Subscription Plan pursuant to these Terms.
We may retain Customer Data that we are licensed to access and use for as long as we have a business purpose to do so.
We may collect, retain and delete De-Identified Data in our sole option and discretion, subject to these Terms and applicable law.
REISA will take all reasonably practicable steps to prevent unlawful or unauthorised access, use, reproduction, disclosure, modification, destruction, corruption or loss in whole or in part of your Customer Data in REISA’s possession or control.
On any reasonable request by you (no more than once in any period of 12 months during the Term of your Subscription Plan or otherwise following an incident of unauthorised access to your Customer Data in REISA’s possession or control), REISA will provide you with information and assistance that you reasonably require to:
(a) confirm compliance with this clause 9;
(b) assist you to assess the information security capability of REISA;
(c) assist you to evaluate the design of our security controls that protect your Customer Data in our possession or control; and
(d) if applicable, assist you in responding to the incident of unauthorised access to your Customer Data.
We will ensure your Customer Data is hosted in Australia and not transferred or disclosed outside of Australia, unless we obtain your prior written consent.
Notwithstanding any other provision of these Terms, REISA may collect, use (including sub-licence) and publish De-Identified Data relating to, or generated by your use of the website (including the Services) for the purpose of:
You represent and warrant to REISA that you have all requisite rights and authority to use the website under these Terms and any applicable Subscription Plan, and to grant all applicable rights herein.
Without limiting your other obligations under these Terms, you:
(a) must use the website for lawful purposes only and subject to these Terms, any applicable Subscription Plan and any directions of REISA;
(b) must comply with these Terms and all applicable laws when using the website;
(c) are responsible for all use of the website associated with your account(s) (and those of your authorised users). Any breach of these Terms by a Customer’s authorised users will be treated as a breach of these Terms by the Customer;
(d) you are solely responsible for maintaining the confidentiality of your account name(s) and password(s) (and those of your authorised users);
(e) must immediately notify REISA, in writing and in reasonable detail, of any unauthorised use of your account(s) (or the accounts of your authorised users), or any other act or omission not permitted by these Terms, of which you become aware;
(f) agree that REISA will not be liable for any losses incurred as a result of a third party’s use of your account, regardless of whether such use is with or without your knowledge and consent;
(g) are responsible for and must obtain or procure all necessary rights to use your Customer Data and associated data that will be used in connection with the website and to enable REISA to perform the Services;
(h) must not undermine the operation, security and integrity of the information technology infrastructure in which REISA deploys the website, including by any hacking, cracking, password mining or introducing any harmful code to the website;
(i) must not use the website in any way that may impair the ability of REISA’s other customers to use the website;
(j) must not use the website to view, access or copy any material or data other than that which you are expressly authorised to access;
(k) must not access or use the website for the purpose of creating a product or service that competes with the website or any Services;
(l) must not resell, resupply or share the website, except as expressly permitted under these Terms or any applicable Subscription Plan;
(m )must not permit third parties to access or use the website, except as expressly permitted under these Terms or any applicable Subscription Plan or otherwise authorised by REISA in writing;
(n) must not reverse assemble, or reverse compile, or reverse engineer the website; and
(o) must not, and must ensure that your authorised users do not modify, adapt, derive, reverse assemble, reverse compile, decode, reverse engineer, translate or derive source code from the whole or any part of the website or create any derivative works except to the extent that you or your authorised users are expressly permitted by law or by REISA in writing.
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 features using the third parties’ 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 this website.
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.
You understand and agree that you use the website at your sole risk. You are solely responsible for determining the suitability of the website for your own purposes and complying with any applicable laws in connection with the Customer Data you provide and your use of the website.
REISA is not liable to you for, and you must not make any claim against REISA in respect of, any acts or omissions of you or your users which cause or contribute to any loss suffered or incurred by you including any breach by your authorised user of these Terms.
Except where expressly stated otherwise, Material on the website 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 enquiries 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.
Subject to this clause 13, to the maximum extent permitted by law:
(a) REISA does not warrant the website will operate free of errors, defects or in an uninterrupted manner;
(b) REISA does not warrant the website is compatible or will interoperate with any particular computer system, equipment, software (including operating systems) or data format;
(c) REISA does not make any representation or warranty that any Material on the website is reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions in any Material;
(d) REISA will not be liable for loss resulting from any action or decision by you in reliance on any Material;
(e) you agree and acknowledge that REISA is not responsible for, and accepts no liability in relation to, any Customer’s use of, access to or conduct in connection with the website in any circumstance.
Subject to this clause 13, to the maximum extent permitted by law, we exclude all representations, conditions, warranties, guarantees, indemnities or undertakings relating to your use of the website that are not expressly set out in these Terms.
Nothing in these Terms excludes any consumer guarantee, right or remedy conferred on the Customer by Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our absolute option, to:
(a) in the case of services supplied or offered by us:
i. the re-supply of those services; or
ii. the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of having the goods replaced; or
iv. the payment of the cost of having the goods repaired.
Subject to this clause 13, to the maximum extent permitted by law, in relation to any express warranty or condition set out in these Terms or in connection with any Services supplied or offered by us via the website, our liability to you in respect of any claims arising under or in connection with these Terms or such Services, whether in contract, statute, tort (including negligence), equity or otherwise, is limited to the amount(s) paid by you (if any) under these Terms or an applicable Subscription Plan during the 12 months leading up to the first event giving rise to such claim.
Subject to this clause 13, to the maximum extent permitted by law, we will not be liable to you for any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the website.
The limitations of liability in this clause 13 do not apply to our liability in respect of any of the following:
(a) personal injury to or death of any person;
(b) fraud, criminal offence or wilful misconduct;
(c) infringement of Intellectual Property Rights or obligations relating to confidentiality; or
(d) any other liability that cannot be excluded or limited by any applicable law.
Notwithstanding any exclusion or limit in these Terms, REISA must at all times perform the Services with all due care and skill and in accordance with best industry practice and standards.
You must indemnify us and our directors, officers, employees, agents and contractors (“those indemnified”) against all liabilities, claims, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with your use of the website, including without limitation:
(a) that your or your authorised user’s use of the website is contrary to these Terms or otherwise infringes the Intellectual Property Rights of that third party;
(b) any claim arising from or in connection with, or any reliance placed on, any Material, subject to clause 13 above; or
(c) that you or your authorised user’s use of the website as permitted by these Terms infringes the Intellectual Property Rights of that third party.
You must indemnify us for any liabilities, claims, losses, damages, expenses or costs (including legal expenses on a solicitor and own client basis) incurred or suffered by us as a result of any breach of these Terms by you (or your authorised users) or any negligent act or omission, fraud or wilful misconduct of you (or your authorised users), except to the extent caused or contributed to by REISA or our officers, employees, agents or contractors.
We may suspend your access to all or any part of the website, including the Material, at any time if a third party licensor of any part of the website, including the Material, suspends provision of access to those parts of the website or in our discretion, including if there is a planned outage for operational or maintenance reasons, or it is considered necessary for unscheduled repair, maintenance or service, or in connection with a suspected or actual security risk.
In our sole discretion, we may suspend your account(s) (and those of your authorised users) or your right to access the website and your account(s) (and those of your authorised users). Circumstances when this may occur includes, but are not limited to:
(a) if you suffer, or in our reasonable opinion, are in jeopardy of becoming subject to 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;
(b) if you fail to pay any amount (not the subject of a bona fide dispute) that is due to REISA and payable in accordance with clause 5 within 14 days of REISA giving notice to you that the amount is outstanding and requiring payment;
(c) if in our reasonable opinion your use of the website poses a security risk to the website, or any third party, or may adversely impact the systems or data of any other user, or may subject REISA or any third party to liability, or may be fraudulent; or
(d) if we reasonably suspect you (or your authorised users) are in breach of these Terms or any applicable Subscription Plan.
Our rights under this clause 15 are in addition to any other rights of termination under these Terms.
You may terminate your Subscription Plan at any time upon written notice to us.
We may terminate your Subscription Plan by notice in writing to you if at any time you commit or suffer a Terminating Event. In these Terms, each of the following is a “Terminating Event”
(a) the breach by you or your authorised users of any material provision of these Terms, which breach is not remedied within 14 days of receipt of written notice from us requesting its remedy;
(b) if you suffer, or in our reasonable opinion, are in jeopardy of becoming subject to 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; and
(c) the merger with or the takeover of you by another person.
Upon becoming aware of the occurrence of a Terminating Event, you must give us notice of the happening of that event.
Expiry or termination of a Subscription Plan will not affect any of your or our accrued rights or liabilities under that Subscription Plan, nor will it affect any provision of these Terms that is expressly or by implication intended to continue in force after such expiry or termination.
Upon the expiry or termination of your Subscription Plan for any reason you must immediately cease accessing or using the applicable products and services that were available through the website under your Subscription Plan prior to its expiry or termination.
You acknowledge that REISA may collect personal information about you, your authorised users and other personal information included in your Customer Data that you provide to us or that we collect via the website.
You acknowledge that any such personal information will be used, held and disclosed as described in our Privacy Policy. A copy of REISA’s Privacy Policy can be found here.
REISA, our licensors and/or you may have obligations to report certain data breaches in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”), including in respect of your Customer Data. REISA agrees with you, and you agree with us, to:
(a) notify the other immediately upon suspecting, or becoming aware of, any unauthorised access to or disclosure of personal information (as defined in the Privacy Act) (“Personal Information”) that is shared between or mutually held by you and us (including your Customer Data);
(b) carry out as soon as practicable, and not later than within 30 days of the suspicion or knowledge arising, a reasonable and expeditious assessment of whether there are reasonable grounds to believe that an “eligible data breach” (within the meaning of the Privacy Act) has occurred and if so, to determine and take the necessary assessment, remedial and reporting action in accordance with the Privacy Act.
In this clause 18, a party (being REISA or the Customer (or their authorised users)) receiving Confidential Information is the “Recipient”, and the term “Confidential Information” means:
(a) for REISA: (i) the website (including the Services and any Material); (ii) any information disclosed by or on behalf of REISA to the Recipient, either directly or indirectly, that is marked “confidential” or is of a confidential nature; and (iii) any trade secrets, know-how, financial data, accounting information, statistics, research, scientific, technical, product, market or pricing information or relating to REISA’s systems, business, employees or contractors;
(b) for a Customer (and its authorised users), the Customer Data, but does not include any De-Identified Data);
(c) any other information of a party that is disclosed to the Recipient and is marked “confidential” or is of a confidential nature; and
(d) the terms of any applicable Subscription Plan between REISA and the Customer,
but does not include any information that:
(e) for a Customer (and its authorised users), is De-Identified Data;
(f) is publicly available other than by a breach of the Recipient of these Terms or an applicable Subscription Plan, or any other agreement;
(g) was rightfully in the Recipient’s possession at the time of disclosure without restriction on use or disclosure;
(h) was independently developed by the Recipient without use of the other party’s Confidential Information; or
(i) was rightfully obtained by the Recipient from a third party not under a duty of confidentiality and without restriction on use or disclosure.
A Recipient must protect Confidential Information it receives from unauthorised use and disclosure to the same extent that it protects its own Confidential Information of a similar nature (but using no less than a reasonable degree of care).
A Recipient must only use Confidential Information it receives:
(a) for the purpose for which it is provided;
(b) to exercise the Recipient’s rights under these Terms or an applicable Subscription Plan;
(c) if necessary to perform the Recipient’s obligations under these Terms or an applicable Subscription Plan; or
(d) if the other party consents to the use.
A Recipient receiving Confidential Information must only disclose such Confidential Information:
(a) in accordance with the purpose for which the Confidential Information was provided;
(b) to exercise the Recipient’s rights under these Terms or an applicable Subscription Plan;
(c) if necessary to perform the Recipient’s obligations under these Terms or an applicable Subscription Plan;
(d) to the Recipient’s professional advisers;
(e) to any bidders in the context of a merger, acquisition or sale of a business or assets of, or shares in, the Recipient to the extent that the bidder needs to know the information for such purposes, and the Recipient must ensure the bidder is bound by confidentiality obligations at least as restrictive as those contained herein;
(a) if required by law or the rules of a recognised securities exchange; or
(b) if the other party consents to the disclosure.
Except for any payment obligations, neither party (being REISA or you) will be liable for any delay or failure to perform its obligations pursuant to these Terms to the extent such delay or failure is caused by a Force Majeure.
You must not assign your rights or obligations under these Terms without our prior written consent, which we may grant or withhold in our absolute discretion. We may at our discretion assign all or any of our rights, duties and/or obligations under these Terms at any time and without prior notice.
Clauses 13, 14, 17 and 18 and any other provision in these Terms that is intended by its nature to survive termination or expiry of any Term shall so survive.
These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
You may contact us by mail, email or telephone as follows:
(a) Mail: 33 Dequetteville Terrace, Kent Town, South Australia 5067
(b) Email: reisa@reisa.com.au
(c) Telephone: 08 8366 4300
You agree that we may send you all communications, agreements and/or notices in connection the website (“Communications”) via electronic means, including by email, in-product notifications, publication on the website or online via the Services. Any such Communications will be taken to comply with the notice requirements in clause 23.
Notices must be in writing and in English, and may be given by an authorised representative of the sender. Notice may be given to a person by leaving it at the person’s address last notified, by pre-paid mail, or by sending by email or other electronic means. Notice is deemed to be received by a person when left at their address, or 5 business days after posting (if sent by pre-paid mail), or on the day after the day the message is showing on the sender’s computer system as having been properly transferred, transmitted or published (if sent by email or other electronic means). However, if notice is deemed to be received on a day that is not a business day, or after 5.00pm (Adelaide time), it is deemed to be received at 9.00am (Adelaide time) on the next business day.
A party may only waive a breach of these Terms in writing signed by that party or its authorised representative. A waiver is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches).
If any of these terms of use are void, unenforceable or illegal, that term is severed. The remainder of the terms will have full force and effect.
The website is controlled and owned by REISA and its licensors. Your use of this website is governed by, construed and enforced in accordance with the laws of South Australia, Australia. Disputes arising from your use of this website are exclusively subject to the jurisdiction of the courts of South Australia, Australia.
The website may be accessed throughout Australia and overseas. REISA makes no representations that the content of this website complies with the laws of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
In these Terms:
‘Customer Data’ means any data, information, content or other material which is uploaded by the Customer (or its authorised users) via the website or Services or is processed via the website or Services, but excludes any information, content or material that REISA has provided or made available to the Customer (or its authorised users) and excludes De-Identified Data.
‘De-Identified Data’ means information that, of itself, does not enable identification of an individual, such as de-identified, aggregated and/or analytics information, and includes the de-identified data that we use in our Property Information Products and Reports.
‘Force Majeure’ means any event or circumstance or combination of events and circumstances which is beyond the control of a party (being REISA or you) and which causes or results in default or delay in the performance by the relevant party of any of its obligations under these Terms (other than an obligation to pay money), where the event or circumstance or combination of events and circumstances could not have been prevented, overcome or remedied by the exercise by the relevant party of a standard of care and diligence consistent with that of a prudent and competent person in the position of the relevant party, including:
(a) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;
(b) acts of war, terrorism, civil commotion, pandemics, epidemics, industrial disputes or strikes;
(c) in REISA’s case, ransomware, cyberattack or other cyber security incident or breach beyond REISA’s reasonable control; or
(e) in REISA’s case, interruption or breakdown in telecommunications networks or the internet that are beyond REISA’s control.
‘Intellectual Property Rights’ means all rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not), brand name, service mark, trade name, and any other rights of a proprietary nature, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any such rights.
‘Material’ means all software, API, apps framework, design, design system, text, data, information, content, opinion and commentary, photographs, illustrations, audio material, video material, artwork and other graphic materials, names, logos and trade marks (excluding Customer Data), any and all related or underlying know-how, technology or intellectual property, and any modifications, enhancements, derivative works or other combination of these or other material that REISA has provided or made available to Customers (or their authorised users) on or from the website. For the avoidance of doubt, it includes all REISA Forms available via the REISA Forms platform (excluding Customer Data).
‘Property Interest Information and Reports’ means property information products and reports showing market insights, comparisons and trends in sales figures, rental turnover or property attributes and tools, reports and products for real estate agencies and other commercial businesses for use in their business.