Terms and conditions

Terms and Conditions

1. Terms of use

(a) This application and all associated websites, portals, apps, products, and services (collectively, SellSecure) is operated by lawlab Pty Ltd ABN 63 109 721 833 (referred to as “we”, “our” or “us”).
(b) These terms and conditions (Terms) govern your use of SellSecure. By clicking acceptance, creating an account, accessing or using SellSecure, you agree to be bound by the Terms, including any modifications to them from time to time, and you make or give the acknowledgements, representations or warranties (as applicable) in these Terms. You must not use SellSecure if you do not agree to these Terms.
(c) SellSecure is intended for use only by citizens and permanent residents of Australia. You acknowledge and confirm that you are at least 18 years old, an Australian citizen or permanent resident are not in and have not been in bankruptcy, and are legally capable of entering into binding contracts. You acknowledge and agree that we may, at any time, require you to provide evidence of your age, proof of residence in Australia, citizenship or Australian visa status.
(e) By agreeing to these Terms, you acknowledge that you have read, understood, and agree to the Privacy Policy, accessible here.

2. SellSecure Automated Package

2.1 Automated Package

You acknowledge and agree that:

(a) A SellSecure Package consists of a pack of standard real estate sale documents in the relevant jurisdiction in Australia that is automated with assistance from artificial intelligence technologies (SellSecure Package);
(b) Any information relating to the SellSecure Package is designed to be used as general information only and does not constitute legal advice;
(c) We do not have knowledge of your individual circumstances;
(d) We cannot guarantee the accuracy or completeness of the information within a SellSecure Package and we are not responsible for any errors or omissions in the information provided;
(e) We shall not be liable for any loss or damage arising from the use of SellSecure. This includes, but is not limited to, any direct, indirect, incidental, or consequential damages arising from the use of, or inability to use, a SellSecure Package; and
(f) You should consult with a qualified legal professional before signing any contract.

2.2 Use of SellSecure

(a) You are granted a personal, non-assignable, and non-exclusive right to access and use a SellSecure Package from SellSecure.
(b) SellSecure is intended for personal use only and not for businesses, except use by a real estate agent on behalf of a real estate agency business in the conduct of real estate sales.
(c) You must not:
- (i) Order a SellSecure Package for the same contract multiple times;
- (ii) Impersonate any person when using SellSecure; or
- (iii) Use SellSecure for any business purposes, except use by a real estate agent on behalf of a real estate agency business in the conduct of real estate sales.

3. Fees

3.1 Fees

The SellSecure Package service fees are stated on the SellSecure website and may change from time to time.

3.2 Conveyancing Fees

(a) You are responsible for paying any fees relating to any conveyancing services with us.
(b) If you fail to pay any fees due to us, then we may terminate or suspend your access to SellSecure.

3.3 Property Sale Costs

If you sell real property in Australia, then you will be required to pay costs including, but not limited to:

(a) Conveyancing fees and expenses, payable to your lawyer or conveyancer in accordance with your costs agreement with them; and
(b) Banking fees, payable to your lender.

4. Termination and Suspension

(a) We may terminate or suspend your access to SellSecure at any time without notice or liability.
(b) If we suspect fraud or improper purpose on your part, we may report any use to appropriate authorities, claim damages from you, or close or suspend your access without any recourse on your part.

5. Privacy and Information

(a) You agree to provide us with personal information (including evidence of your identity, citizenship, and country of residence) and consent to us collecting, storing, using, and disclosing such personal information in accordance with our Privacy Policy (see here). We may amend our Privacy Policy from time to time by publishing such amendments on SellSecure so we encourage you to check SellSecure periodically to ensure that you are aware of our current Privacy Policy.
(b) You authorise us to use any information we collect from you, or such other relevant documents to:
- (i) Provide services to you in accordance with these Terms;
- (ii) Allow us to communicate with third parties in connection with the matters contemplated by these Terms; and
- (iii) Ensure that legal and regulatory requirements under applicable laws are met.
(c) You authorise us to disclose personal information to:
- (i) Other companies, organisations, or individuals if we believe in good faith that it is required to comply with any applicable law or enforceable request by a government or other legal body;
- (ii) Government and other regulatory bodies and authorities whether in Australia or elsewhere;
- (iii) Payment system operators; and
- (iv) Third parties for marketing activities.
(d) You represent and warrant that you have the necessary authority to provide personal information about you, and if acting:
- (i) On behalf of joint owners, for each of the other joint owners; or
- (ii) As a trustee, all beneficiaries, settlors, appointors, or protectors.
(e) You must notify us in writing when any of the information provided by you changes.
(f) We may process and store information about you on a device located outside the country where you live in electronic form or hard copy.
(g) You have a right to access, update, or delete any personal information that we hold about you. Sometimes there may be a reason, such as legitimate business or legal reasons, as to why access will not be possible. If that is the case, you will be told why. We may combine information about you from SellSecure with information from other products and services we develop on our own.
(h) You are not required to provide us with your personal information, but if you do not, we may be unable to provide you with the SellSecure Package.

6. Intellectual Property Rights

(a) SellSecure is subject to trademark, copyright, and other intellectual property rights.
(b) We retain all rights, title, and interest in and to SellSecure, and nothing you do on, via, or in connection with SellSecure will result in a transfer to you of any intellectual property rights or any content that may be accessed or gathered as a result of using SellSecure.
(c) Without our written permission, or unless authorised by applicable law, you may not frame or mirror any part of SellSecure or copy, modify, adapt, distribute, sell, or licence any part of SellSecure, nor may you reverse engineer, decipher, decompile, disassemble or attempt to extract the code of SellSecure or cause any other person to do so.
(d) You must not remove, obscure, or alter any branding, logos, legal or other notices displayed in connection with SellSecure. Nothing displayed on SellSecure should be construed as granting any right of use in relation to any logo, masthead, or trademark displayed on SellSecure without the express written consent of the relevant owner.
(e) If you submit feedback comments, suggestions, ideas, description of processes, or other information about SellSecure (Information), we may use it without incurring any financial or other obligation to you. You grant us a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use, copy, modify, and otherwise exploit the Information, without any restriction or obligation on account of intellectual property rights or otherwise.

7. Liability and indemnity

(a) We are not responsible or liable for any losses, disruption, damage, or loss of opportunity (Losses) that you or anyone else may incur or experience as a result of the use of SellSecure, however those Losses are caused, including by negligence. You accept and acknowledge that, except to the extent that liability cannot by law be excluded at law, none of us and our advisers, officers, employees, and agents accept any responsibility in relation to SellSecure. To the extent permitted by law, you agree to release us and our advisers, respective officers, employees, and agents from all actions, claims, demands, and legal proceedings (Claims) which you may have in connection with your use of SellSecure (including any subsequent cessation of the service).
(b) You must commence any legal proceedings against us and our advisers, respective officers, employees and agents with 12 months of the cause of action relied on first arising, after which time you agree that the cause of action will be time barred.
(c) Where our legal liability cannot be excluded at law, our maximum liability will be limited to the value of the property the subject of the contract analysed by SellSecure at the time you used it to analyse that contract.
(d) You are liable for, and indemnify us for, costs (including legal costs on the full indemnity basis) and losses incurred by lawlab in relation to Claims brought by third parties against lawlab arising from your use of SellSecure.
(e) In any unsuccessful Claim commenced by you, or in any Claim lawlab commences against you arising from a breach of these Terms, you agree to pay lawlab’s legal costs on the full indemnity basis.

8. Variation

(a) We may make changes to all or part of these Terms from time to time. Any changes published on SellSecure will be taken to be effective when they are published. Your subsequent or continued use of SellSecure will constitute your acceptance of these changes. If you do not agree to a variation, you should stop using SellSecure.
(b) We regularly change and improve SellSecure. We may automatically update SellSecure whenever a new version or feature is available or if we remove certain functionality for any reason. You will not have any recourse if we change or remove any functionality, and you will not do anything to restrict or prevent such updates applying to any products and services that you have developed or use in connection with SellSecure.
(c) SellSecure may use third-party products and services that we licence or otherwise use legally but we provide no warranty or assurance whatsoever that SellSecure will continue to use those third-party products and services in the future.

9. General

9.1 Severability

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.

9.2 Right to sue

If you do not comply with these Terms but we fail to take action immediately, we are not giving up any right that we may have to take action in the future.

9.3 Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. If you are a resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

9.4 No waiver

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.