PARTIES: ConForm2 T/A ConFormX Pty Ltd (The "Service Provider") and The Seller (The "Client")

PREAMBLE: By clicking the "Submit" button, placing an order, or formally engaging the Service Provider, the Client confirms they have read, understood, and agreed to the terms, conditions, and acknowledgements set out below.

1. Appointment and Authority to Act

The Client hereby expressly authorises and appoints ConForm2 T/A ConFormX Pty Ltd to act on their behalf for the limited purpose of: (a) Ordering, receiving, and reviewing relevant statutory property searches; and (b) Preparing and compiling the Form 2 Seller Disclosure Statement in accordance with the Property Law Act 2023(Qld) and the Property Law Regulation 2024 (Qld). ConForm2 T/A ConFormX Pty Ltd agrees to provide the Services, which entails preparing the Seller’s Form 2 Seller Disclosure Statement for a Queensland sale under the Property Law Act 2023 (Qld) and Property Law Regulation 2024 (Qld), based on searches obtained and the information provided by the Client.

2. Nature of Service (No Legal Advice)

The Client acknowledges that ConForm2 T/A ConFormX Pty Ltd provides an administrative compilation service and does not provide legal advice. (a) The preparation of the Seller Disclosure Statement is based strictly on public records and the instructions provided by the Client. (b) ConForm2 T/A ConFormX Pty Ltd does not interpret the legal implications of encumbrances, easements, covenants, or statutory notices. (c) The Client agrees that if they are unsure about the legal effect of any disclosure item, they will seek independent legal advice from a qualified solicitor.

3. Client Warranties and Reliance on Data

The Client acknowledges that the efficacy and accuracy of the Form 2 prepared by ConForm2 T/A ConFormX Pty Ltd are fundamentally dependent on the instructions provided by the Client. The Client warrants that all information submitted via the intake questionnaire is, to the best of their knowledge, accurate, complete, and current at the time of submission. The Client expressly acknowledges that ConForm2 T/A ConFormX Pty Ltd will rely entirely upon this information to discharge its duties. ConForm2 T/A ConFormX Pty Ltd assumes no liability for errors resulting from incorrect or incomplete instructions provided by the Client.

4. Authority to Act (For Agents and Third Parties)

If the person placing the order or submitting information is doing so on behalf of the Seller (e.g., a Real Estate Agent or Administrator or any other party representing the owner/s), that person warrants that they have the express authority of the Seller to: (a) Engage ConForm2 T/A ConFormX Pty Ltd on the Seller's behalf; (b) Provide the information contained in the intake questionnaire; and (c) Bind the Seller to these Terms and Conditions. The individual submitting the order agrees to indemnify ConForm2 T/A ConFormX Pty Ltd against any claim by the Seller that they lacked the authority to act on the Seller’s behalf.

5. Service Standards and Performance Timelines

ConForm2 T/A ConFormX Pty Ltd endeavors to deliver completed documentation within a standard turnaround period of 24–48 business hours, calculated from the receipt of all necessary instructions and complete information from the Client.

The Client acknowledges that this timeframe is an estimate only and is contingent upon the timeliness of third-party providers. Specifically, the Client acknowledges that delays frequently occur regarding the provision of Body Corporate Certificates and Community Management Statements, which are outside the control of ConForm2 T/A ConFormX Pty Ltd. Where such third-party delays or incomplete Client instructions occur, the Service Provider reserves the right to extend the delivery timeframe as reasonably necessary.

6. Third-Party Data Accuracy

The Client acknowledges that ConForm2 T/A ConFormX Pty Ltd relies on data provided by government authorities and third-party information brokers (e.g., Titles Queensland, Local Councils, Department of Resources). ConForm2 T/A ConFormX Pty Ltd does not warrant the accuracy of these third-party records and accepts no liability for errors or omissions contained within official search results or prescribed certificates.

7. Data Currency and Temporal Accuracy

ConForm2 T/A ConForm X Pty Ltd warrants the accuracy of the compiled public data only as of the timestamp of generation. The Client acknowledges that statutory obligations under the Property Law Act 2023 (Qld) require the Form 2 to be strictly accurate at the precise time it is provided to the buyer. ConForm2 T/A ConFormX Pty Ltd accepts no liability if the Client delays the provision of the Form 2 to a prospective buyer, resulting in the disclosure of outdated or subsequently altered prescribed certificates. It is the Client's sole responsibility to request and fund updated searches if the property campaign extends beyond the viable legal lifespan of the initial documents.

8. Cross-Border Disclosure and Offshore Processing (APP 8)

You acknowledge and agree that ConForm2 T/A ConFormX Pty Ltd operates a digital-first legal administration service that utilises a global workforce to ensure efficiency and turnaround times. Specifically, you acknowledge that sensitive personal information and property data provided by you will be disclosed to, and processed by, administrative support staff ("Virtual Assistants") and contractors located outside of Australia.

You are expressly informed that your personal information may be disclosed to recipients located in the Philippines for primary administrative processing and other countries where our third-party service providers operate.

By clicking "Submit" and engaging our services, you provide your express informed consent to the disclosure of your personal information to these overseas recipients. You acknowledge that while ConForm2 T/A ConFormX Pty Ltd takes reasonable steps to ensure these recipients comply with the Australian Privacy Principles (APPs), the overseas recipients are subject to the laws of their respective jurisdictions, which may differ from Australian privacy laws.

ConForm2 T/A ConFormX confirms that it maintains strict data protection agreements with its offshore team members, including confidentiality deeds and access restrictions. However, you acknowledge that the transfer of data via the internet involves inherent risks, and you authorise this transfer for the purpose of fulfilling your order.

9. Indemnity and Limitation of Liability

The Client agrees to indemnify, defend, and hold harmless ConForm2 T/A ConFormX Pty Ltd, its officers, employees, and agents against all liabilities, claims, losses, damages, or legal costs (on a full indemnity basis) arising directly or indirectly from: (a) Any inaccuracy, misrepresentation, omission, or error in the information or instructions provided by the Client; or (b) Any reliance placed by ConForm2 T/A ConFormX Pty Ltd on such information.

To the maximum extent permitted by law, the liability of ConForm2 T/A ConFormX Pty Ltd for any claim, loss, or damage arising out of or in connection with the Services (whether in contract, negligence, or otherwise) is limited to the re-supply of the Services or the refund of the fees paid by the Client for the specific Service giving rise to the claim. ConForm2 T/A ConFormX Pty Ltd is not liable for any consequential loss, loss of profit, or loss of opportunity (including the loss of a contract of sale).

10. Cancellations and Refunds

Once an order is placed and search requests have been lodged with third-party providers, the search fees are non-refundable. If the Client cancels the order after work has commenced but before the final Form 2 is issued, ConForm2 T/A ConFormX Pty Ltd reserves the right to charge a cancellation fee to cover administrative time incurred up to that point.

11. Statutory Acknowledgements (Form 2 Obligations)

The Client acknowledges the following statutory realities regarding the Seller Disclosure Regime: (a) Strict Liability for Accuracy: The Form 2 must contain prescribed information that is true and accurate at the precise time it is given to the buyer. (b) Limitations of Searches: While ConForm2 T/A ConFormX Pty Ltd conducts a comprehensive suite of searches, statutory searches cannot identify all encumbrances. The Client acknowledges that matters such as unregistered encumbrances, oral agreements, private written agreements, or non-gazetted notices are incapable of detection via search and must be disclosed manually by the Client. (c) Execution: The legal obligation to sign the Form 2 rests with the Client (Seller).

12. Acknowledgement of Risk: Consequences of Non-Compliance

The Client acknowledges that under the Property Law Act 2023, failure to comply with disclosure obligations carries significant legal consequences.

The Client understands that if, prior to the buyer entering the contract, the Client fails to provide: (a) The Form 2 Seller Disclosure Statement; or (b) All Prescribed Certificates required to be attached to the Form 2; or (c) A substantially complete Form 2, the buyer may be entitled to terminate the contract at any time before settlement without proving any loss or detriment.

The Client understands that if the Form 2 is provided but is inaccurate or incomplete, the buyer may be entitled to terminate the contract if: (a) The inaccuracy or omission relates to a material matter; (b) The buyer was unaware of the true position at the time of signing; and (c) The buyer would not have entered into the contract had they known the true position.

The Client acknowledges that this "Material Prejudice Test" is a distinct legal standard and its interpretation may evolve through court decisions.

CONTACT FOR NOTICES

For any inquiries regarding these Terms of Engagement, please contact:

ConForm2 T/A ConFormX Pty Ltd

Email: hello@conform2.com.au