1. About us and these Terms

1.1 This website is operated by SearchX Legal Pty Ltd ACN 683 769 824 (SearchX Legal, we, us, our), trading as PROPRT Conveyancing, is a Queensland incorporated legal practice.

1.2 These Terms and Conditions (Terms) govern your access to and use of this website and any content, materials, tools, calculators, forms, publications or resources made available on it (Website).

1.3 By accessing, browsing or otherwise using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

1.4 We may update these Terms from time to time by posting the amended version on the Website. Your continued use of the Website after any amendment constitutes acceptance of the amended Terms. You should review these Terms regularly.

2. Definitions

In these Terms:

SearchX Platform means the online platform operated by SearchX Pty Ltd (and related members), including the Form 2 Seller Disclosure generation and live-update service delivered under the Property Law Act 2023 (Qld), together with all associated software, interfaces, APIs, data and services.

Costs Agreement means a written costs agreement or client engagement document issued by SearchX Legal in accordance with the Legal Profession Act 2007 (Qld).

Content means all text, graphics, logos, videos, images, articles, templates, documents, calculators, source code, data and other material made available on the Website.

Law means any applicable Australian statute, regulation, rule or common law.

Platform Terms means the terms of service, privacy policy, end-user and licensee arrangements governing access to and use of the SearchX Platform.

3. The Website is general information only

3.1 The Content is provided for general information purposes only. It is not intended to be, and must not be relied upon as, legal advice, financial advice, tax advice or any other form of professional advice.

3.2 Laws and legal practice change frequently. The Content may not reflect the most current legal developments and no representation is made that it is accurate, complete, current or error-free.

3.3 Any templates, special conditions, checklists, disclosure materials, calculators or tools on the Website are indicative only, are not tailored to your circumstances and are not a substitute for legal advice.

3.4 You must obtain your own legal advice before taking (or refraining from taking) any action based on the Content.

4. No solicitor-client relationship

4.1 Use of the Website does not create a solicitor–client relationship between you and SearchX Legal. The same applies to any enquiry made via the Website, email, telephone, social media, SMS, online chat or any other channel.

4.2 A solicitor-client relationship is formed only after we have:

(a) confirmed, in writing, that we are able to act for you;

(b) completed conflict of interest and identity verification checks to our satisfaction; and

(c) entered into a Costs Agreement with you that has been accepted in the manner specified in that agreement.

4.3 Until a Costs Agreement is in place, no information provided by you or to you will be treated as legally privileged, confidential or protected by any duty we owe to clients (except as required by Law).

5. Fees, pricing and quotes

5.1 Any fees, pricing, packages or estimates referred to on the Website are indicative only, may change at any time without notice and do not constitute an offer capable of acceptance.

5.2 Fees and disbursements for any legal service are confirmed only in a Costs Agreement issued in accordance with the Legal Profession Act 2007 (Qld).

5.3 Unless otherwise stated, all figures are exclusive of GST, search fees, third-party disbursements and statutory charges.

6. The SearchX Platform

6.1 Certain features or links on the Website relate to, or direct you to, the SearchX Platform. The SearchX Platform is operated by SearchX Pty Ltd and is governed by the SearchX Platform Terms.

6.2 Your use of the SearchX Platform is governed by the Platform Terms and not these Terms. These Terms do not create, expand or vary any rights you may have under the Platform Terms.

6.3 Nothing on the Website (including any reference to, or output of, the SearchX Platform) constitutes a representation that the SearchX Platform, or any material generated through it, is legal advice from SearchX Legal unless you have entered into a Costs Agreement covering that advice.

7. Intellectual property

7.1 All intellectual property rights in the Website and the Content (including copyright, trademarks, trade dress, know-how, database rights, software and design rights) are owned by, or licensed to, SearchX Legal or another member of the PropRT Group.

7.2 You are granted a limited, revocable, non-exclusive, non-transferable licence to access and view the Content for personal, non-commercial use only. You may print or download a single copy of a page of the Website for personal, non-commercial reference, provided you retain all copyright and proprietary notices.

7.3 Except as expressly permitted by these Terms or the Copyright Act 1968 (Cth), you must not (and must not permit any other person to):

(a) copy, reproduce, republish, upload, post, modify, adapt, transmit, distribute, commercialise, translate, license, sell, data-mine, scrape, frame, mirror or create derivative works from any part of the Website or the Content;

(b) remove, alter or obscure any copyright, trade mark, watermark or other proprietary
notice;

(c) use the Website or the Content to train, fine-tune, benchmark or evaluate any artificial intelligence, machine learning or generative model, or as input into any such model. This is an express reservation of rights under Australian and international law;

or

(d) use any robot, spider, scraper, crawler or other automated means to access, index or monitor the Website.

7.4 The names “SearchX”, “SearchX Legal”, “PropRT”, “PropRT Group”, and all associated logos and branding are trade marks of the PropRT Group. Nothing in these Terms transfers any right, title or interest in or to those marks.

8. User conduct and submissions

8.1 You must not use the Website in any way that is, or may be, unlawful, fraudulent, harmful, defamatory, misleading, offensive or otherwise inappropriate.

8.2 You must not:

(a) interfere with, disrupt or attempt to gain unauthorised access to the Website or any
server, network or system associated with it;

(b) introduce any virus, trojan, worm, logic bomb or other malicious code;

(c) impersonate any person or misrepresent your affiliation with any person; or

(d) use the Website in a manner that could damage, disable or overburden it.

8.3 If you submit any content, suggestion, feedback, enquiry, review or other material to us through the Website or otherwise (Submission), you grant SearchX Legal and the PropRT Group a perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferable licence to use, reproduce, modify, adapt, publish and otherwise exploit that Submission for any purpose without attribution or compensation to you. You warrant that you have all rights necessary to grant that licence.

9. Third-party links, integrations and providers

9.1 The Website may contain links to, or integrate with, third-party websites, platforms, services or providers (including government registries, PEXA, search providers, payment processors, AI-enabled tools and analytics providers) (Third-Party Services).

9.2 We do not endorse, control, review or take responsibility for any Third-Party Service, its content, accuracy, availability, security or privacy practices. Your use of any Third-Party Service is solely at your own risk and subject to the terms and conditions of that provider.

10. Electronic communications and marketing

10.1 By using the Website or providing your contact details to us, you consent to receive electronic communications from SearchX Legal and the PropRT Group (including by email, SMS and in-platform messaging) relating to our services, updates, events, publications and marketing. You may unsubscribe from marketing communications at any time.

10.2 You consent to the electronic service of documents and notices where permitted by Law.

11. Privacy, cookies and data

11.1 We handle your personal information in accordance with our Privacy Policy (available on the Website) and the Privacy Act 1988 (Cth).

11.2 We use cookies, pixels, session replay and analytics tools to understand how visitors interact with the Website, to improve functionality and to deliver targeted communications. By using the Website, you consent to this use. You may configure your browser to disable cookies, but parts of the Website may not function as intended.

11.3 You agree that we may collect, aggregate and use de-identified and anonymised usage data, insights and statistics derived from your use of the Website for any business purpose, including product development, benchmarking, research and commercialisation.

12. Fraud, cybersecurity and payments

12.1 Law firms are regular targets of cybercrime and payment redirection fraud. We will never request payment to a bank account other than our published SearchX Legal trust account, and we do not intend to change our bank account details during the course of a matter.

12.2 If you receive any communication purporting to be from SearchX Legal (including by email, SMS, phone or otherwise) that asks you to pay money to a different account, changes payment instructions, requests urgent transfers or otherwise appears unusual, you must independently verify the instructions by telephoning us on our published number before acting.

12.3 All authentic email communications from SearchX Legal will originate from the @search-x.com.au domain (or another domain we expressly notify to you in writing). Please be alert to any similar or look-alike domains.

12.4 To the maximum extent permitted by Law, we are not liable for any loss, damage or expense suffered by you because of any fraudulent communication, interception of email, social engineering, phishing or unauthorised payment redirection that is not caused by our proven negligence.

13. Availability and accuracy

13.1 We provide the Website on an “as is” and “as available” basis. We do not warrant that the Website will be continuously available, uninterrupted, secure, timely, error-free or free from viruses or harmful components.

13.2 We may suspend, modify, withdraw or discontinue the Website, or any part of it, at any time and without notice.

14. Limitation of liability

14.1 To the maximum extent permitted by Law and subject to clause 14.2:

(a) all express or implied conditions, warranties, representations, guarantees or terms relating to the Website or the Content, other than those expressly set out in these Terms, are excluded;

(b) SearchX Legal and the PropRT Group will not be liable to you or any other person for any loss, damage, cost or expense of any kind (including indirect, special, punitive, exemplary or consequential loss; loss of profit, revenue, savings, goodwill, data or opportunity; or loss arising from business interruption) arising out of or in connection with the Website, the Content, any Third-Party Service or any Submission, whether in contract, tort (including negligence), equity, statute or otherwise; and

(c) our total aggregate liability to you arising out of or in connection with the Website and these Terms (whether in contract, tort (including negligence), equity, statute or otherwise) is capped at AUD $100.

14.2 Nothing in these Terms excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law or any other Law that cannot lawfully be excluded, restricted or modified. Where our liability for a breach of any non-excludable consumer guarantee can be limited, our liability is limited, at our option, to re-supplying the services or paying the cost of having the services re-supplied.

14.3 Our liability under these Terms is reduced to the extent that your acts or omissions (or those of your related persons) cause or contribute to any loss.

15. Indemnity

15.1 You indemnify SearchX Legal and the PropRT Group (and their respective officers, employees and agents) against all losses, damages, costs (including legal costs on a full indemnity basis), liabilities and expenses arising out of or in connection with:

(a) your breach of these Terms;

(b) your misuse of the Website or the Content;

(c) any Submission you make; or

(d) any breach by you of Law or any third-party right.

16. Limitation of claims

To the maximum extent permitted by Law, any claim you wish to make against SearchX Legal in connection with the Website or these Terms must be brought within twelve (12) months of the event giving rise to the claim, failing which the claim is irrevocably waived and released.

17. Force majeure

We are not liable for any failure or delay in performing our obligations (or exercising any right) under these Terms to the extent caused by events beyond our reasonable control, including acts of God, fire, flood, storm, pandemic, cyber-attack, denial-of-service attack, outage of critical infrastructure, telecommunications or internet service provider failure, third-party service failure, acts of government or industrial action.

18. Age

Our services are intended for persons aged 18 years or over. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

19. Assignment

We may assign, novate or transfer our rights and obligations under these Terms (in whole or in part) to any member of the PropRT Group or to any third party (including in connection with a sale, restructure, capital raise or acquisition) without your consent. You may not assign, novate or transfer any of your rights or obligations under these Terms without our prior written consent.

20. General

20.1 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force and effect.

20.2 Waiver. No failure or delay by us to exercise any right under these Terms operates as a waiver of that right. A waiver must be in writing and signed by us.

20.3 Entire agreement. These Terms, together with any Costs Agreement, Privacy Policy and Platform Terms, constitute the entire agreement between you and SearchX Legal in relation to your use of the Website, and supersede all prior representations, understandings and agreements.

20.4 Relationship. Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and SearchX Legal.

20.5 No reliance. You agree that you have not relied on any representation, warranty or statement made by or on behalf of SearchX Legal that is not expressly set out in these Terms.

21. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

22. Contact

SearchX Legal Pty Ltd
Email: tim@search-x.com.au
Address: GPO 2199, Brisbane QLD 4001
Website: http://www.proprtconveyancing.com.au/