VICFORMS 2.0 — TERMS OF USE
1. Terminology
In these Terms of Use (“terms”, “our terms”):
“you” or “your” means a subscriber using the REIV VicForms Platform (“platform”);
“we”, “us” or “our” means The Real Estate Institute of Victoria Limited [ACN 004 210 897];
“forms” means the standard documents, agreements, templates, or related materials we make available on the platform.
“member” means an entity that holds current, financial membership of the Real Estate Institute of Victoria Limited [ACN 004 210 897];
2. Agreement to our terms
By using the platform, you agree to our terms.
We may change our terms at any time. Changes apply once they are displayed on the platform. If you do not agree with our terms, you can cease using the platform.
When you use the platform, you accept it ‘as is’. You acknowledge the platform, or parts of it, may be unavailable to you from time to time because of:
· maintenance or repair;
· alteration or reconfiguration;
· removal in connection with creation of another service or website;
· a force majeure event; or
· your failure to comply with these terms.
(*A “force majeure event” means something caused by factors we cannot control, or a direct or indirect result of such factors — for example, natural disaster, system outage, power failure, or third-party service interruption.)
You agree we are not liable to you as a result of the platform being unavailable from time to time.
Without prior notice to you, we may at any time, temporarily or permanently:
· alter or reconfigure all or part of the platform;
· remove all or part of the platform;
· create a replacement or new service in place of the platform;
· block or suspend your access to the platform if you are not complying with these terms, or if we reasonably believe you may not have done so in the past.
3. Purpose of the platform
The platform provides subscribers with access to standard forms, agreements and templates for use in real estate practice.
The forms are general in nature. They are not legal or professional advice and may not suit every transaction. You are responsible for ensuring a form is fit for your purposes.
4. Licence to use our forms
We grant you a limited, non-exclusive, non-transferable licence to use the forms:
for your own professional purposes as a subscriber,
in the ordinary course of your real estate practice,
subject to these terms.
You must not:
share, distribute, sublicense, resell or adapt our forms outside your professional use;
allow unauthorised individuals or entities to access, copy, or use our forms.
All intellectual property in the platform and the forms remains ours.
5. Your data and client data
You own the data you enter into forms, including any personal or client information.
By using the platform, you grant us (and our IT providers) a limited licence to host, store, back up, and process your data only for the purpose of operating the platform
We will not sell your data. We will handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
You are responsible for:
the accuracy of data entered,
obtaining any client consents required to use their information in the platform,
keeping data you enter secure.
6. Data Ownership
You retain full ownership of all data you enter into the platform, including any personal or client information.
The platform does not claim ownership of your data.
7. Licence to Use Data
By using the platform, you grant us (and our IT service providers) a limited, non-exclusive licence to:
Host, store, back up, and process your data, only for the purpose of operating, maintaining, and improving the platform.
Use the data in a de-personalised and aggregated form to develop tools, reports, statistics, commentary, and insights that help identify overall market trends and movements.
8. Use of De-Personalised Data
Any data used for research, reporting, or market insights will be:
· Combined with other users’ data.
· De-personalised so that no individual, client, or business can be identified.
These aggregated insights may be shared with REIV and relevant stakeholders to inform policy, advocacy, and industry understanding.
9. Confidentiality and Privacy
Your personal and client information will not be disclosed to third parties in a way that identifies you or your clients, except where required by law.
We will comply with applicable privacy and data protection laws in handling your information.
10. Withdrawal of Licence
If you cease using the platform and request deletion of your account, we will remove your personal and client data from our systems, subject to any legal or regulatory requirements.
Any de-personalised, aggregated insights already created will remain the property of the platform.
11. Access and security
Access is limited to subscribers, or those given prior written authorisation.
You must take reasonable steps to keep your login details secure.
You must tell us immediately if you suspect unauthorised access.
We may suspend or remove your access if:
you stop being a member,
you misuse the platform,
you breach these terms.
12. Professional responsibility
Our forms are standard templates only. We do not:
give legal, financial, or professional advice;
promise that the forms will meet your legal or professional obligations.
You must make your own enquiries and, if necessary, obtain legal or professional advice before using a form.
13. Prohibited conduct
You must not:
share your login details,
copy, scrape, reverse-engineer, or resell the platform or forms,
upload unlawful or inappropriate content,
use the platform in a way that disrupts its operation or security.
14. Copyright
The forms and all content on the platform are protected by copyright. You may only use them as licensed in section 4.
15. Liability and Indemnity
Nothing in these terms limits or excludes any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any similar legislation.
The forms made available through the platform are provided as templates only. We take reasonable care to ensure that the forms are accurate and up to date at the time of supply; however, they are not intended to constitute legal advice or to replace independent legal review.
You are responsible for determining whether a form is suitable for your intended use and for obtaining your own legal advice where appropriate.
To the extent permitted by law:
our liability in connection with the supply or use of the forms or the platform is limited, at our option, to the correction or re-supply of the relevant form or the cost of that re-supply;
we are not liable for any loss or damage (including indirect, consequential, or special loss) arising out of or in connection with your reliance on, or use of, the forms or the platform, except to the extent required by law.
You agree to indemnify us (and our officers, employees, and agents) against any claim, liability, or loss arising from:
your use or modification of the forms;
your failure to assess the suitability of a form for your intended purpose; or
your breach of these Terms or any applicable law.
16. Termination
If your membership ends, your access to the platform and forms will end. You should export or save your data before termination. We may retain backup copies of data for compliance and record-keeping purposes.
17. Privacy and communications
We handle your personal information in line with our Privacy Policy.
By using the platform, you consent to:
our collection and use of your information for service delivery,
receiving communications about your use of the platform, in line with the Spam Act 2003 (Cth).
18. Disputes and governing law
We encourage you to contact us first to resolve any dispute.
If we cannot resolve it, either party may take the matter to the courts or tribunals of Victoria.
These terms are governed by the law of Victoria.
19. Entire agreement
These terms are the entire agreement between you and us in relation to your use of the platform. If any part is invalid, the rest still applies.