ConFormX Pty Ltd (ACN 694 126 639) trading as ConForm2

Last updated: APRIL 2026

Preamble

These Terms of Engagement (Terms) govern the provision of services by ConFormX Pty Ltd (ACN 694 126 639), trading as ConForm2 (ConForm2, we, us, our), to our clients. By clicking the “Submit” button on our website, placing an Order, making a payment, or otherwise engaging ConForm2, the Client confirms that they have read, understood, and agreed to these Terms, and that they have the authority to bind themselves (or the party on whose behalf the Order is placed) to these Terms.

1. Definitions and Interpretation

1.1       In these Terms, unless the context requires otherwise:

Act means the Property Law Act 2023 (Qld).

ACL means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

APP means an Australian Privacy Principle set out in Schedule 1 to the Privacy Act.

Business Day means a day that is not a Saturday, Sunday, or public holiday in Brisbane, Queensland.

Buyer means a prospective or actual purchaser of a Lot to whom a Form 2 is given.

Claim means any claim, action, proceeding, demand, cost, expense, loss, damage, or liability, whether arising in contract, tort (including negligence), under statute, in equity, or on any other basis.

Client means the Seller. The contract for the Services is between the Seller and ConForm2 and binds the Seller regardless of whether an Order is submitted, or the Fees are paid, by the Seller personally or by a Submitting Party on the Seller's behalf.

Complete Instructions means the receipt by ConForm2 of all of the following in respect of an Order: (i) a fully completed Intake Questionnaire; (ii) payment of the Fees in cleared funds; and (iii) any additional information, authorisations, or supporting documents reasonably requested by ConForm2 to commence preparation of the Form 2.

Confidential Information means all non-public information of a party, including commercial, financial, technical, client, and personal information, that is marked or identified as confidential or that a reasonable person would treat as confidential, but excluding information that is in the public domain other than through a breach of these Terms, independently known to the receiving party, or required to be disclosed by law.

Consumer means has the meaning given in section 3 of the ACL.

Fees means the fees for the Services as set out on our website or otherwise quoted to the Client at the time of engagement.

Form 2 means the approved Form 2 Seller Disclosure Statement prescribed under the Act and the Regulation.

High-Risk Matter means an Order that ConForm2 has, in its reasonable opinion, classified as a High-Risk Matter under clause 4.4.

Intake Questionnaire means the digital questionnaire provided by ConForm2 through which the Client supplies property-specific disclosure information.

Intellectual Property Rights means all present and future intellectual property rights worldwide, including copyright, trademarks, designs, patents, confidential information, know-how, trade secrets, database rights, and rights of a similar nature, whether registered or unregistrable.

Lot means has the meaning given in the Act.

Order means a request by the Client (or a Submitting Party on the Client's behalf) for ConForm2 to provide the Services in respect of a Lot.

Prescribed Certificate means a document prescribed by section 5 of the Regulation as a prescribed certificate for the purposes of section 99(1)(b) of the Act.

Privacy Act means the Privacy Act 1988 (Cth).

Regulation means the Property Law Regulation 2024 (Qld).

Seller means has the meaning given in the Act and refers to the registered owner of the Lot.

Services means ConForm2's administrative compilation, preparation, and delivery of the Form 2 and associated Prescribed Certificates as described in clause 2 and Schedule 1.

Service Guarantee means the 4-hour service guarantee described in clause 4.

Standard Turnaround Window means in respect of an Order for which ConForm2 receives Complete Instructions: (i) before 11:00am AEST on a Business Day, delivery of the Form 2 to the Client by 3:00pm AEST on the same Business Day (being a window of four (4) Business Hours); or (ii) at or after 11:00am AEST on a Business Day, or on a non-Business Day, delivery of the Form 2 to the Client by 9:00am AEST on the next Business Day.

Submitting Party means any person (including a real estate agent, administrator, conveyancer, or other representative) who submits an Order on behalf of the Seller.

1.2       Interpretation. A reference to legislation includes any amendment, replacement, or re-enactment. The singular includes the plural and vice versa. Headings are for convenience only and do not affect interpretation.

2. Nature of the Services

2.1       ConForm2 provides an administrative compilation service. The Services comprise the retrieval of factual property data from verified government and statutory sources, the collection of vendor-known information via the Intake Questionnaire, and the population of that data into the approved Form 2 in accordance with the Act and the Regulation.

2.2       The Services do not constitute legal advice. In particular, ConForm2 does not:

(a) interpret the legal effect of encumbrances, easements, covenants, notices, or statutory instruments disclosed in, or attached to, the Form 2;

(b) advise on the Client's obligations under the Act or any other legislation;

(c) draft, advise on, or amend the contract of sale or any related legal documentation; or

(d) provide financial, taxation, or valuation advice of any kind.

2.3       Where the Client is unsure about the legal effect of any matter disclosed in the Form 2, or about their disclosure obligations generally, the Client must obtain independent legal advice from a qualified Australian legal practitioner before relying on the Form 2.

2.4       ConForm2 acts as the Seller's authorised agent for the limited purpose of preparing and compiling the Form 2 and ordering Prescribed Certificates, consistent with section 97 of the Act. This appointment does not extend to any other matter.

3. Client Warranties and Reliance on Information

3.1       The Client warrants that all information provided to ConForm2 (including via the Intake Questionnaire) is, to the best of the Client's knowledge and belief, accurate, complete, and current at the time it is provided, and the Client authorises ConForm2 to rely on that information in full.

3.2       ConForm2 is entitled to rely on the information provided by the Client and is not required to independently verify it, except to the extent that verification is part of the Services described in clause 2.1.

3.3       ConForm2 is not responsible for any inaccuracy or omission in the Form 2 that results from inaccurate, incomplete, or out-of-date information provided by the Client, where ConForm2 has relied on that information reasonably.

3.4       The Client must promptly notify ConForm2 in writing if, at any time after submitting information, the Client becomes aware that the information is or may be inaccurate, incomplete, or out of date.

4. Service Standards and Performance Timeframes

Standard Turnaround Window

4.1       Subject to the carve-outs in clauses 4.4 and 4.5, ConForm2 will deliver a completed Form 2 to the Client within the Standard Turnaround Window.

4.2       The Standard Turnaround Window runs from the moment ConForm2 receives Complete Instructions in respect of an Order. ConForm2 has no obligation to commence preparation, and the Standard Turnaround Window does not begin to run, until Complete Instructions have been received.

4-Hour Service Guarantee

4.3       Where ConForm2 fails to deliver the Form 2 within the Standard Turnaround Window in respect of an Order to which the Service Guarantee applies, ConForm2 will, on written request from the Client, refund the Fees paid in respect of that Order in full, including the cost of any Prescribed Certificates and statutory searches paid for by the Client.

Carve-outs to the Service Guarantee

4.4       ConForm2 may, in its reasonable opinion formed after review of the Intake Questionnaire, classify an Order as a High-Risk Matter where the Order involves or may involve any of the following:

(a) Unregistered or informal arrangements — disclosure of unregistered encumbrances, oral agreements, or private written agreements affecting the Lot;

(b) Complex body corporate matters — complex body corporate or community titles scheme arrangements;

(c) Owner-builder work — work the subject of a notice under section 47 of the Queensland Building and Construction Commission Act 1991 (Qld), where the work was carried out within the six (6) years preceding the Order;

(d) Building and planning enforcement notices — an active show cause notice or enforcement notice under the Building Act 1975 (Qld) or the Planning Act 2016 (Qld);

(e) Environmental protection notices — a notice under the Environmental Protection Act 1994 (Qld), including (without limitation) any notice in respect of contaminated land;

(f) Authority orders or notices — any active notice or order from a competent authority requiring work to be carried out on, or money to be spent in respect of, the Lot;

(g) Tree disputes — any application made or order issued under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld);

(h) Transport infrastructure proposals — any formal notice or proposal from a government entity regarding transport infrastructure affecting the Lot, including (without limitation) a Department of Transport and Main Roads study area, investigation, or extended-response notice;

(i) Land resumption notices — a Notice of Intention to Resume under the Acquisition of Land Act 1967 (Qld);

(j) Heritage listings — a heritage listing or notice affecting the Lot under the Queensland Heritage Act 1992 (Qld) or the Environment Protection and Biodiversity Conservation Act 1999 (Cth);

(k) Seller capacity issues — ownership, authority, or capacity issues affecting the Seller; or

(l) Other — any other matter that ConForm2 reasonably considers requires further enquiry, expert input, or extended preparation time before the Form 2 can be reliably completed.

4.5       Where ConForm2 classifies an Order as a High-Risk Matter, the Service Guarantee does not apply and the Standard Turnaround Window does not run in respect of that Order. ConForm2 will:

(a) promptly notify the Client in writing of that classification and the basis for it;

(b) provide an alternative estimated delivery timeframe; and

(c) proceed to compile the Form 2 in the ordinary course.

4.6       Without limiting clause 4.4, the Service Guarantee does not apply, and the Standard Turnaround Window does not run, where delivery is delayed by:

(a) any failure or delay in the provision of a Prescribed Certificate or other document by a third-party provider, including (without limitation) body corporate managers, local governments, statutory authorities, the Department of Resources, or other government databases;

(b) any further enquiry, clarification, authorisation, or additional information that ConForm2 reasonably requires from the Client after receipt of Complete Instructions;

(c) any matter beyond ConForm2's reasonable control, including any force majeure event described in clause 20; or

(d) any failure of the Client to comply with the Client's obligations under these Terms.

Operation of the Service Guarantee

4.7       The Client must notify ConForm2 in writing of any claim under the Service Guarantee within seven (7) days of the expiry of the Standard Turnaround Window. Claims notified after that period are forfeited.

4.8       The Service Guarantee is the Client's sole and exclusive remedy for late delivery of the Form 2 within the Standard Turnaround Window. Without limiting clause 10.6, ConForm2 has no liability for any indirect, consequential, or other loss arising from a failure to deliver within the Standard Turnaround Window, including (without limitation) loss of contract, loss of sale, lost commission, or loss of opportunity.

4.9       Where ConForm2 has refunded Fees under clause 4.3 in respect of an Order, ConForm2 has no further obligation to deliver the Form 2 in respect of that Order. The Client may engage ConForm2 separately to complete the Form 2 on terms and at fees agreed in writing.

4.10       ConForm2's published service description, marketing materials, and website copy from time to time are subject to these Terms. In the event of any inconsistency between published service descriptions and these Terms, these Terms prevail.

5. Third-Party Data

5.1       ConForm2 obtains data and Prescribed Certificates from government authorities and third-party data providers, including (without limitation) Titles Queensland, local governments, the Department of Resources, CITEC Confirm, and body corporate managers.

5.2       ConForm2 does not warrant the accuracy, completeness, or currency of data or certificates produced by third parties. To the extent an error or omission originates in a third-party source, ConForm2's liability is governed by section 106 of the Act and by clauses 11.8 and 11.9 of these Terms.

6. Data Currency

6.1       ConForm2 warrants that the Form 2 is accurate, to the extent of the public data relied upon, as at the timestamp of preparation.

6.2       The Client acknowledges that the Act requires the Form 2 to be accurate at the time it is given to the Buyer. Where the Client delays providing the Form 2 to a prospective Buyer, or where property circumstances change after the Form 2 is prepared, the Client is solely responsible for requesting and funding any updated searches required to ensure ongoing accuracy at the time of provision to the Buyer.

7. Fees and Payment

7.1       The Fees for the Services are as set out on our website or as quoted at the time of engagement.

7.2       All Fees stated on our website are inclusive of GST. A tax invoice will be issued in respect of each Order.

7.3       Payment is due at the time of submitting the Order, unless otherwise agreed in writing.

7.4       ConForm2 is not obliged to commence the Services until payment has been received in cleared funds.

7.5       If any amount is not paid when due, ConForm2 may (a) suspend performance of the Services until payment is received; (b) charge interest on the unpaid amount at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) or, if higher, 10% per annum, calculated daily; and (c) recover all reasonable debt recovery costs.

7.6       ConForm2 may set off any amount owing to the Client against any amount owing by the Client to ConForm2.

8. Authority of Submitting Parties

8.1       The contract for the Services is at all times between the Seller (as Client) and ConForm2. Where an Order is submitted by a Submitting Party on behalf of the Seller, the Submitting Party acts as agent of the Seller for the limited purposes of submitting the Order, providing information, and (where applicable) paying the Fees. The Submitting Party is not a party to the contract for the Services and acquires no rights under these Terms; however, the Submitting Party is personally bound by the warranties and indemnity in clauses 8.2 and 8.3 by virtue of submitting the Order.

8.2       Where an Order is submitted by a Submitting Party on behalf of the Seller, the Submitting Party warrants to ConForm2 that:

(a) they have the Seller's express authority to engage ConForm2, provide the information in the Intake Questionnaire, and bind the Seller to these Terms;

(b) they have informed the Seller of the material terms of this engagement, including the Fees and the scope of the Services; and

(c) they have disclosed to ConForm2 any limitation on or qualification to that authority of which they are, or ought reasonably to be, aware.

8.3       The Submitting Party indemnifies ConForm2, on a full indemnity basis, against any Claim that ConForm2 suffers as a direct or indirect result of a breach of the warranties in clause 8.2, except to the extent that the Claim results from ConForm2's own negligence or wilful misconduct.

9. Cancellation, Suspension and Termination

Client-initiated cancellation

9.1       The Client may cancel an Order at any time before the Form 2 is delivered by giving written notice to ConForm2.

9.2       Where the Client cancels an Order:

(a) if no work has commenced, ConForm2 will refund the Fees in full;

(b) if Prescribed Certificates or searches have been ordered from third-party providers, the cost of those certificates and searches is non-refundable in all cases;

(c) if ConForm2 has commenced compilation work on the Form 2, an administrative fee equal to 50% of the service component of the Fees (exclusive of search and certificate costs) is payable, reflecting the work undertaken up to the point of cancellation; and

(d) if the draft Form 2 has been delivered to the Client for review, no refund of the service component of the Fees is payable.

ConForm2 initiated termination

9.3       ConForm2 may terminate an Order or the engagement, in whole or in part, immediately by written notice and without liability to the Client, if:

(a) the Client breaches any material provision of these Terms;

(b) the Client provides information to ConForm2 that is false, misleading, or materially incomplete;

(c) the Client becomes insolvent, enters voluntary administration, has a receiver appointed, or is otherwise unable to pay its debts as and when they fall due;

(d) the Client engages in conduct that, in ConForm2's reasonable opinion, is fraudulent, unlawful, or likely to damage ConForm2's reputation; or

(e) ConForm2 reasonably considers that continued performance would cause it to breach any law, regulation, or professional standard.

9.4       ConForm2 may terminate any Order or the engagement for convenience at any time on written notice to the Client. Where ConForm2 does so, ConForm2 will refund any Fees paid for work not yet performed, less any search or certificate costs that are non-refundable. ConForm2 has no further liability to the Client in respect of such termination.

Suspension

9.5       Without limiting any other right, ConForm2 may suspend performance of the Services at any time if the Client has failed to pay any amount when due, has failed to provide information reasonably required, or is in breach of these Terms. ConForm2 is not liable for any loss or delay arising from a suspension under this clause.

10. Indemnity and Limitation of Liability

General

10.1     Nothing in this clause 10 excludes, restricts, or modifies any right or remedy of the Client under the ACL or any other statute to the extent that the right or remedy cannot lawfully be excluded, restricted, or modified. The remainder of this clause 10 applies only to the extent permitted by law.

10.2     ConForm2's liability for any Claim arising in connection with the Services is limited in accordance with this clause 10.

Where the Client is a Consumer

10.3     Where the Client is a Consumer, the Services come with guarantees that cannot be excluded under the ACL, including a guarantee that the Services will be provided with due care and skill. Nothing in these Terms purports to exclude those guarantees.

10.4     To the extent permitted by law, ConForm2's liability for breach of a consumer guarantee is limited, at ConForm2's election, to:

(a) the supplying of the Services again; or

(b) the payment of the cost of having the Services supplied again.

10.5     The limitation in clause 10.4 does not apply to the extent that the Services are of a kind ordinarily acquired for personal, domestic, or household use or consumption, or to the extent that the limitation would otherwise be unenforceable under section 64A of the ACL.

Excluded losses

10.6     To the maximum extent permitted by law, ConForm2 is not liable, in contract, tort (including negligence), under statute, or otherwise, for any indirect, consequential, special, punitive, or incidental loss, including loss of profit, loss of business opportunity, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, or loss of, or failure to complete, a contract of sale of a Lot.

Time bar

10.7     No Claim may be brought by the Client against ConForm2 unless written notice of the Claim, including full particulars, is given to ConForm2 within 12 months of the date on which the Client first became aware, or ought reasonably to have become aware, of the circumstances giving rise to the Claim. Any Claim not notified within that period is irrevocably released and barred.

Client indemnity

10.8     The Client indemnifies ConForm2, on a full indemnity basis, against any Claim that ConForm2 suffers or incurs as a result of:

(a) any material inaccuracy, misrepresentation, or omission in the information or instructions provided by the Client;

(b) any breach by the Client of these Terms;

(c) any Claim brought against ConForm2 by a Buyer or any third party in connection with the Form 2; or

(d) any unlawful or negligent act or omission of the Client,

except to the extent that the Claim results from ConForm2's own negligence or wilful misconduct.

11. Statutory Acknowledgements

11.1     The Client acknowledges that, under the Act:

(a) the Form 2 must be true and accurate at the time it is given to the Buyer (and not merely at the time it is prepared);

(b) the legal obligation to sign and provide the Form 2 rests with the Seller, who executes the Form 2 as the statutory responsible party;

(c) certain matters (including unregistered encumbrances, oral agreements, private written agreements, and non-gazetted notices) cannot be identified through statutory searches and must be disclosed by the Seller based on the Seller's own knowledge; and

(d) a failure to comply with the Seller's disclosure obligations, or the provision of an inaccurate or incomplete Form 2 in relation to a material matter, may entitle the Buyer to terminate the contract of sale under section 104 of the Act.

No contracting out

11.2     The Client acknowledges that section 98 of the Act prohibits the parties to a contract for the sale of a Lot from contracting out of the seller disclosure obligations in section 99 of the Act. The Client further acknowledges and agrees that engagement of ConForm2 to prepare and compile the Form 2 does not transfer or discharge the Client's statutory disclosure obligations as Seller, which remain at all times the personal responsibility of the Client.

Termination grounds — automatic (section 104(2)(a) and (b))

11.3     The Client acknowledges that, under section 104(2)(a) and (b) of the Act, the Buyer is entitled to terminate the contract of sale at any time before settlement, without proving any material prejudice or other detriment, if before the Buyer signs the contract:

(a) the Seller fails to give the Form 2 or any required Prescribed Certificate to the Buyer; or

(b) the Form 2 is not substantially complete because relevant information is missing.

11.4     The Client further acknowledges that compliance with the timing requirement in section 99 of the Act (that the disclosure documents be given before the Buyer signs the contract) is solely the Client's responsibility and is outside ConForm2's control.

Termination grounds — three-limb test (section 104(2)(c) and (d))

11.5     The Client acknowledges that, under section 104(2)(c) and (d) of the Act, where the Form 2 is given but is inaccurate, or where a Prescribed Certificate is inaccurate, the Buyer is entitled to terminate the contract only if all three of the following are satisfied:

(a) the inaccuracy or omission relates to a material matter affecting the Lot at the time the document is given;

(b) at the time the Buyer signs the contract, the Buyer is not aware of the correct state of affairs concerning the matter; and

(c) if the Buyer had been aware of the correct state of affairs, the Buyer would not have signed the contract.

11.6     The Client acknowledges that whether a particular matter is a “material matter” under section 104 is a question of fact to be determined by reference to the Act, the Regulation (including section 10 of the Regulation, which prescribes matters that are not material), and any applicable judicial authority. ConForm2 makes no representation as to whether any particular matter is or is not a material matter, and does not provide advice on this question.

Limit on Buyer's remedy (section 105)

11.7     The Client acknowledges that, under section 105 of the Act, the only statutory remedy available to a Buyer on termination under section 104 is the refund of the deposit (and any interest accrued on the deposit). The Act does not confer on the Buyer any statutory right to compensation, damages, or any other monetary remedy against the Seller arising from termination under section 104.

Third-party prescribed certificates (section 106)

11.8     The Client acknowledges that, under section 106 of the Act, where a Prescribed Certificate has been prepared by a body corporate or another third-party entity (including, without limitation, a body corporate manager, a community titles scheme committee, or a statutory authority) and contains inaccurate information, the Buyer's sole remedy in respect of that inaccuracy is termination under section 104 of the Act, and no claim for compensation, damages, or other monetary remedy lies against the Seller in respect of that inaccuracy.

11.9     The Client further acknowledges and agrees that, where any Claim against ConForm2 arises directly or indirectly from inaccurate information contained in a Prescribed Certificate prepared by a body corporate or other third-party entity, ConForm2 has no liability to the Client beyond the limits set out in clause 10, and the Client indemnity in clause 10.8 applies to any such Claim brought against ConForm2 by the Client or any third party.

Evolving law and independent advice

11.10   The Client acknowledges that the Act commenced on 1 August 2025, that the interpretation and application of sections 99, 104, 105, and 106 of the Act may develop through judicial decisions over time, and that ConForm2 makes no representation as to the future state of the law.

11.11   The Client accepts sole responsibility for obtaining independent legal advice from a qualified Australian legal practitioner on the Client's specific disclosure obligations, the adequacy of any particular disclosure, the application of the section 104 termination test to the Client's circumstances, and the consequences of non-compliance with the Act.

12. Intellectual Property

12.1     As between the Client and ConForm2, all Intellectual Property Rights in and to (a) the Intake Questionnaire, (b) ConForm2's systems, templates, workflows, methodologies, software, content, documentation, and training materials, (c) the ConForm2 website and associated brand assets, and (d) any compilation, arrangement, or presentation of data prepared by ConForm2 in the course of providing the Services (collectively, ConForm2 IP) are and remain the sole and exclusive property of ConForm2.

12.2     Upon payment of the Fees in full, ConForm2 grants to the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the completed Form 2 and any Prescribed Certificates delivered as part of the Services solely for the purpose of effecting the sale of the relevant Lot under the Act.

12.3     The Client must not, and must not permit any third party to:

(a) copy, adapt, modify, reverse engineer, decompile, or create derivative works of any ConForm2 IP;

(b) use any ConForm2 IP other than as expressly permitted under clause 12.2;

(c) resell, sublicense, or commercially exploit any ConForm2 IP; or

(d) remove, obscure, or alter any proprietary notice contained in any ConForm2 IP.

12.4     The Client assigns to ConForm2 all Intellectual Property Rights (if any) in any feedback, suggestions, or improvements communicated by the Client to ConForm2. ConForm2 may use anonymised and aggregated data derived from the Services for its internal business, product improvement, and statistical purposes.

12.5     The Client, on its own behalf and on behalf of its personnel, unconditionally and irrevocably consents to any act or omission by ConForm2 that might otherwise infringe the Client's or its personnel's moral rights, to the maximum extent permitted by law.

13. Confidentiality

13.1     Each party must keep the other party's Confidential Information confidential and must not use or disclose it other than as permitted by these Terms or as required by law.

13.2     The Client authorises ConForm2 to disclose the Client's Confidential Information to ConForm2's personnel, contractors, agents, professional advisers, and offshore processing partners (as contemplated in clause 14) on a need-to-know basis for the purpose of providing the Services.

13.3     This clause 13 survives termination of these Terms.

14. Privacy

14.1     ConForm2 aims to handle personal information in a manner consistent with the principles of the Australian Privacy Principles and the Privacy Act. ConForm2's collection, use, and disclosure of personal information is further described in the ConForm2 Privacy Policy available at conform2.com.au. By engaging ConForm2, the Client consents to the handling of personal information as described in these Terms and the Privacy Policy.

14.2     The Client warrants that, where the Client provides to ConForm2 any personal information of a third party (including co-owners, co-sellers, tenants, or other occupants of the Lot), the Client has the lawful authority to do so and has given any notice and obtained any consent required under the Privacy Act.

14.3     The Client indemnifies ConForm2, on a full indemnity basis, against any Claim arising from a breach of clause 14.2.

Cross-border disclosure (APP 8)

14.4     The Client acknowledges and agrees that ConForm2 utilises overseas administrative support personnel (engaged as Virtual Assistants) located in the Philippines for the compilation, preparation, and quality assurance of the Form 2 and associated administrative tasks. Personal information and property data provided by the Client will be disclosed to and processed by such personnel in the Philippines.

14.5     By engaging ConForm2, the Client provides express, informed consent for the purposes of Australian Privacy Principle 8 to the disclosure of personal information to the overseas recipients described in clause 14.4. ConForm2 takes reasonable steps to ensure such overseas recipients handle personal information in a manner consistent with the principles of the APPs, including by way of contractual confidentiality obligations and access restrictions.

14.6     The Client further acknowledges that, in the ordinary course of operating its business, ConForm2 uses standard cloud-based business technology providers (including, without limitation, providers of email, file storage, payment processing, accounting, customer relationship management, and form-intake services). Some of these providers may store or transmit data through data centres located outside Australia. To the extent any such provider constitutes a recipient outside Australia for the purposes of Australian Privacy Principle 8, the Client provides informed consent to that incidental disclosure.

14.7     The Client acknowledges that overseas recipients are subject to the laws of their respective jurisdictions, which may differ from Australian privacy laws, and that international transmission of data involves inherent risks. The Client expressly authorises that international transmission notwithstanding these matters.

14.8     In the event of any eligible data breach involving personal information held by ConForm2, ConForm2 will take reasonable steps consistent with the principles of Part IIIC of the Privacy Act.

15. File Retention

15.1     ConForm2 retains records of each Order — including the Intake Questionnaire, the Prescribed Certificates obtained, and the completed Form 2 — for a minimum of six years, reflecting the limitation period under the Limitation of Actions Act 1974 (Qld).

15.2     ConForm2 may retain records for longer periods where reasonably necessary for operational, legal, or risk-management purposes, and in accordance with the Privacy Act.

16. No Third-Party Reliance

16.1     The Services are provided solely for the benefit of the Client. The Form 2 is delivered to the Client for the Client's statutory purpose under the Act.

16.2     ConForm2 owes no duty of care (whether in contract, tort, equity, or otherwise) to any Buyer, prospective purchaser, their solicitors, conveyancers, advisers, financiers, or any other third party in respect of the Services, the Form 2, or any Prescribed Certificate.

16.3     No Buyer or other third party is entitled to rely on the Services, the Form 2, or any Prescribed Certificate for any purpose other than the statutory purpose for which the Form 2 is given under the Act.

16.4     Nothing in these Terms creates any relationship of agency, partnership, joint venture, or fiduciary obligation between ConForm2 and any Buyer or third party, and these Terms are not intended to confer any benefit on any person other than ConForm2 and the Client.

17. Electronic Acceptance and Communications

17.1     The Client accepts these Terms by any of (a) clicking “Submit” on the ConForm2 website or in an electronic form; (b) making payment of the Fees; (c) providing information via the Intake Questionnaire; or (d) instructing ConForm2 to proceed with the Services. Each such act constitutes a binding electronic signature and agreement to these Terms.

17.2     The Client consents to receive communications, notices, and the delivered Form 2 by electronic means. Electronic records produced by ConForm2 have the same legal force as signed paper documents.

18. Variation

18.1     ConForm2 may update these Terms from time to time.

18.2     The version of the Terms that applies to a particular Order is the version published on conform2.com.au at the time the Order is submitted.

18.3     Material changes to these Terms will apply prospectively only and will not affect Orders submitted before the change takes effect.

19. Assignment

19.1     ConForm2 may assign, novate, subcontract, or otherwise deal with its rights or obligations under these Terms to a related entity, a purchaser of its business, or a restructured entity, on written notice to the Client and without the Client's consent.

19.2     The Client may not assign, novate, or otherwise deal with its rights or obligations under these Terms without ConForm2's prior written consent, which may be withheld in ConForm2's absolute discretion.

20. Force Majeure

20.1     Neither party is liable for any failure or delay in performing its obligations under these Terms (other than an obligation to pay money) to the extent that the failure or delay is caused by an event beyond the party's reasonable control, including natural disasters, pandemic, acts of government, war, civil unrest, cyber attack, outages of third-party systems, and interruptions to government data services.

20.2     The affected party must promptly notify the other party of the event and take reasonable steps to mitigate its effect.

20.3     If a force majeure event continues for more than 30 days, either party may terminate the affected Order by written notice without liability, save for the refund provisions in clauses 9.2 and 9.4.

21. Dispute Resolution

21.1     If a dispute arises in connection with these Terms or the Services (Dispute), the party raising the Dispute must give written notice to the other specifying the nature of the Dispute (Dispute Notice). A party must not commence court proceedings in respect of a Dispute without complying with this clause 21, except where urgent injunctive or declaratory relief is required.

21.2     The parties must attempt in good faith to resolve the Dispute by direct negotiation within 21 days of the Dispute Notice.

21.3     If the Dispute is not resolved within that period, the parties must refer the Dispute to mediation administered by the Queensland Law Society (or another mediation provider agreed between the parties in writing). The mediation must take place in Brisbane, Queensland, unless the parties agree otherwise. The parties will bear their own costs of the mediation and will share the mediator's fees equally.

21.4     If the Dispute is not resolved by mediation within 60 days of the Dispute Notice, either party may commence court proceedings.

21.5     Nothing in this clause 21 prevents either party from seeking urgent injunctive or declaratory relief from a court.

22. Entire Agreement

22.1     These Terms, together with the Order and the ConForm2 Privacy Policy, constitute the entire agreement between the parties in relation to the Services and supersede any prior representations, negotiations, or agreements (written or oral) in relation to the subject matter.

22.2     Nothing in this clause limits any liability for misleading or deceptive conduct under the ACL.

23. Severability

23.1     If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision is to be read down to the extent necessary to make it valid and enforceable, or, if it cannot be read down, severed from these Terms.

23.2     The remaining provisions of these Terms continue in full force and effect.

24. Survival

24.1     Clauses 1, 3.3, 4.7, 4.8, 4.9, 5.2, 6, 7.5, 7.6, 8.2, 8.3, 9, 10, 11, 12, 13, 14, 15, 16, 17.2, 19, 21, 22, 23, 25, 26, and this clause 24 survive termination or expiry of these Terms.

25. Governing Law and Jurisdiction

25.1     These Terms are governed by, and are to be construed in accordance with, the laws in force in the State of Queensland, Australia.

25.2     The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

26. Notices

26.1     Any notice or communication in connection with these Terms must be given in writing, by email to ConForm2 at hello@conform2.com.au (or to the Client at the email address given in the Order).

26.2     A notice given by email is taken to be received when it would ordinarily be received in the inbox of the addressee, unless the sender receives a bounce-back or delivery failure notification.

ConFormX Pty Ltd (ACN 694 126 639)

Email: hello@conform2.com.au

Schedule 1 — Scope of Services

This Schedule sets out the searches, certificates, and reports that ConForm2 obtains and incorporates into the Form 2 as part of the Services. It must be read together with clauses 2 (Nature of the Services), 5 (Third-Party Data), and 11 (Statutory Acknowledgements) of these Terms. In the event of any inconsistency between this Schedule and the operative clauses of these Terms, the operative clauses prevail.

Part A — Inclusions

For each Order, ConForm2 will obtain and (as applicable to the Lot) incorporate into the Form 2 or attach as a Prescribed Certificate the following:

(a) Title Search of the Lot, showing interests registered under the Land Title Act 1994 (Qld);

(b) Title Plan / Plan of Survey for the Lot, registered under the Land Title Act 1994 (Qld);

(c) Develo Property Report, being a third-party property data report which incorporates zoning information, utility plans and underground network information, and a heritage building check for the Lot;

(d) Contaminated Land Search of the Environmental Management Register and the Contaminated Land Register maintained under the Environmental Protection Act 1994 (Qld);

(e) Queensland Department of Transport and Main Roads Search;

(f) QBCC Pool Safety Search, where applicable to the Lot;

(g) for a Lot included in a community titles scheme or a Building Units and Group Titles Act 1980 (Qld) scheme: a Body Corporate Certificate in the approved Form 33 (or, for a specified two-lot scheme, Form 34) and the current Community Management Statement for the scheme.

Part B — Exclusions

For the avoidance of doubt, the Services do not include, and ConForm2 has no obligation to provide, any of the following:

(a) any QCAT search or search of orders made under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), it being the responsibility of the Seller to disclose to ConForm2, via the Intake Questionnaire, any such order or proceeding affecting the Lot of which the Seller is or ought reasonably to be aware;

(b) preparation, supply, or procurement of a Form 36 Notice of No Pool Safety Certificate under the Building Act 1975 (Qld), it being the Seller's responsibility to obtain and provide any required Form 36 at the contract stage;

(c) building, pest, electrical, or pool safety inspection (other than the QBCC Pool Safety Search of the public register);

(d) structural, engineering, geotechnical, or environmental site assessment;

(e) land or boundary survey;

(f) property valuation;

(g) legal advice on the effect of any matter disclosed in the Form 2 or any Prescribed Certificate;

(h) advice or interpretation regarding zoning, planning, development potential, or local government approvals;

(i) site attendance, photography, or physical inspection of the Lot;

(j) disclosures required only under another Act or scheme (including, without limitation, off-the-plan disclosures under the Land Sales Act 1984 (Qld) or chapter 5 of the Body Corporate and Community Management Act 1997 (Qld));

(k) preparation, review, or advice in relation to the contract of sale; and

(l) any search, certificate, or report not listed in Part A unless expressly agreed in writing and paid for separately.

Part C — Variation

ConForm2 may update this Schedule from time to time to reflect changes in legislation, the Regulation, the availability of third-party data providers, or the ConForm2 service offering. The version of this Schedule applying to a particular Order is the version published on conform2.com.au at the time the Order is submitted, in accordance with clause 18 of these Terms.

Part D — Third-party data

The Client acknowledges that the searches and certificates listed in Part A are sourced from government authorities, statutory bodies, body corporate managers, and third-party data providers (including, without limitation, the provider of the Develo Property Report). ConForm2's responsibility in respect of these searches and certificates is governed by clauses 5 and 11.8 to 11.9 of these Terms, and by section 106 of the Act.