Pathway to Settlement App – Terms and Conditions

Overview

Pathway to Settlement app (PTS app or Pathway to Settlement) is operated by Realtime Conveyancer Pty Ltd (ACN 638 660 607). In these terms and conditions, any reference to “Pathway to Settlement”, “Realtime Conveyancer”, “we”, or “us” is a reference to Realtime Conveyancer Pty Ltd.

We operate a range of products and services, including but not limited to:

Realtime Conveyancer Transaction Management Software (also called ‘Realtime TMS’) for use by conveyancing practitioners;
Pathway to Settlement mobile app for use by property buyers, sellers, real estate agents and finance brokers;
Website located at https://realtimeconveyancer.com.au; and
Any other products or services we may release from time to time.

In these terms and conditions, any reference to “you” or “associated parties” as a whole applies to a PTS app user who is likely to be a property buyer or seller, real estate agent, finance broker or other party associated with or interested in a property transaction where the conveyancing practitioner managing the transaction subscribes to Realtime TMS.

Pathway to Settlement is a secure mobile software application that allows:

a) all associated parties to receive progress updates in real time when key property settlement milestones are completed (from the time the Offer and Acceptance contract is signed by the buyer and seller, to the point when the buyer collects the keys to the property).

b) buyers and sellers to manage property transactions easily from one platform, receive documents from conveyancing practitioners, provide conveyancing practitioners with documents and financial information, sign documents electronically, store documents for multiple property transactions in one easily-retrievable location, and exercise the option of using concierge services before, during and after a change of residence.

These terms and conditions govern your use of the Pathway to Settlement application. By accessing and using the Pathway to Settlement, you acknowledge you have read, understood, and agree to comply with:

these Terms and Conditions;
our Privacy Policy; and
any other terms, policies or notices published on the https://realtimeconveyancer.com.au website.

There is no mandatory requirement for using the Pathway to Settlement tool. If you do not agree to the Terms and Conditions, as amended from time to time, in whole or in part, you must not access or use the Pathway to Settlement app.

If you accept these terms and conditions on behalf of a company, trust or other entity, you warrant that you are authorised to accept the terms and conditions on behalf of the company, trust or other entity.

Licensing & Intellectual property

Realtime Conveyancer (or our related companies) retains all intellectual property in the Realtime TMS and in the PTS app. Realtime Conveyancer grants you a limited, non-transferable licence to use and access the Pathway to Settlement app for the purposes of tracking the property transactions to which you are a party, communicating with your conveyancing practitioner, or performing other related functions available on the PTS app.

Subject to our privacy obligations to you, you grant us a perpetual licence to store, use, copy and disclose any data you input via the Pathway to Settlement app.

Reliance

Pathway to Settlement is an Internet-based software application and is provided to you on an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained within Pathway to Settlement.

You should not rely on the information contained in Pathway to Settlement without first obtaining
specific advice from your conveyancing practitioner.

Your obligations

You must:

comply with these terms and conditions.
comply with all instructions we give you about how to use Pathway to Settlement.
not do (or attempt to do) anything that interferes with or adversely affects the normal operation of Pathway to Settlement.

To access and use the Pathway to Settlement app, you must create an account. Each person may only create one account for Pathway to Settlement. To register an account, you must:

be an individual;
be at least 18 years old;
possess the legal right and ability to enter into a legally binding agreement;
provide complete and accurate answers to all the items in the sign-up page of Pathway to Settlement, which may include your full name, a valid email address, and a valid telephone or mobile number; and
read and agree to these Terms.

If you do not provide the information required to register your access to the Pathway to Settlement app, Realtime Conveyancer is unable to verify that you are a party to your property transaction and, as a result, Realtime Conveyancer is unable to provide you with access to the Pathway to Settlement app, or information about your property transaction.

When you register your account, you must nominate a password. You are responsible for maintaining the confidentiality and integrity of your account, password and for all user activities carried out on your account. If you believe that there has been unauthorised access to your account, please contact us immediately, by referring to the contact details at the end of these Terms and Conditions.

You are responsible for ensuring the security of your device and network that you use to
access Pathway to Settlement. You should only use the most recent version of Pathway to Settlement and ensure that your operating system is up-to-date.

Fees and Charges

We do not charge you a fee to use the Pathway to Settlement app.

Your Personal Information

We will only collect, disclose and use your personal information in accordance with applicable law, as set out in these terms and condition and in accordance with our Privacy Policy (as amended from time to time) which is available at https://realtimeconveyancer.com.au/privacy-policy.

As you use the Pathway to Settlement app, we will collect personal information about you including your name and address; email address, and details about the property you are buying or selling. In some circumstances (depending how you use Pathway to Settlement) we may also collect your bank account details.

Realtime Conveyancer may use your personal information collected during your usage of Pathway to Settlement:

To operate and improve Pathway to Settlement.
To provide other services to you as agreed.
Unless you opt out, to provide information about Realtime Conveyancer services and services from third parties.
To aggregate your information (on a de-identified basis) with other information to
create reports about property transactions and the property market.

Realtime Conveyancer will not disclose your personal information collected when using Pathway to Settlement to third parties other than as set out in our Privacy Policy or allowed by applicable law.

You are responsible for the disclosure of your personal information to the extent you authorise the same via your use of the PTS app.

Your personal information collected when using Pathway to Settlement may be stored, held, used, or disclosed by Realtime Conveyancer in accordance with these terms and conditions and our Privacy Policy, even after your property transaction is complete and after you stop using Pathway to Settlement.

Where you enter, use and/or disclose personal information of another person on the PTS app you warrant to us that such person has consented to that use of their personal information.

Commercial partner offers

Realtime Conveyancer may provide you with the ability to opt in for special offers provided to Pathway to Settlement users by Realtime Conveyancer’s commercial partners. Your participation in any or all of these special offers is voluntary and at your complete discretion.

If you do become a customer of a commercial partner because you opted-in to a special offer while using Pathway to Settlement, you acknowledge that Realtime Conveyancer and/or your conveyancing practitioner handling your property transaction may be eligible for a referral fee from the commercial partner(s).

Liability

While we will use reasonable care and skill in operating the Pathway to Settlement app, we cannot promise that the PTS app will always be available or completely free of faults or errors.

To the maximum extent permitted by law, except as expressly set out in these terms of use, we:

make no representations or warranties, whether express or implied, in relation to
Pathway to Settlement;
exclude any liability (whether in contract, tort [including negligence], or otherwise) for any indirect or consequential loss, damage or expense incurred by you or any other user or person in connection with Pathway to Settlement; and
limit our liability to you, whether in contract, tort (including negligence), or otherwise, to $1,000.

To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services, we limit our liability (at our option) to the re-supply of those goods or services or payment for such re-supply.

We may suspend your access to Pathway to Settlement including in an emergency situation or due to causes beyond our reasonable control.

Updates to Pathway to Settlement app

Realtime Conveyancer reserves the right to alter the Pathway to Settlement app, including updating, adding or removing features or functionality. Realtime Conveyancer may notify you of enhancements and new product features by giving notice within the Pathway to Settlement app or by publication on the Realtime Conveyancer website (https://realtimeconveyancer.com.au).

Realtime Conveyancer has no obligation to you to update or upgrade Pathway to Settlement or to fix any faults or errors within Pathway to Settlement

Changes to these Terms and Conditions

We may make changes to these terms and conditions from time to time, for example to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations. The latest version of these terms and conditions will always be available within the Pathway to Settlement app.

Realtime Conveyancer may notify you of changes to these terms and conditions by giving notice within the Pathway to Settlement app and/or by emailing you at your registered email address (and you consent to receiving email electronic messages for this purpose).

Any amended terms or conditions will apply to your use of the Pathway to Settlement application from the time the changes are made.

Termination

We may terminate your use of Pathway to Settlement upon reasonable notice to you. The provisions of these terms and conditions regarding privacy and liability survive termination.

You may otherwise cancel your account at any time through the functionality provided on the Pathway to Settlement application.

Governing Law

These terms and conditions are governed by the laws in force in Western Australia, Australia and you submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or the Pathway to Settlement application.

Contacting Us

You can contact Realtime Conveyancer at the contact details below at any time if you want Realtime Conveyancer to stop using your personal information collected when using Pathway to Settlement or disclosing your personal information collected when using Pathway to Settlement to third parties for the purpose of those third parties marketing to you.

Realtime Conveyancer

Business Address: Office 3 (Unit 5), 678 Beaufort Street, Mount Lawley, WA 6050
Telephone Number: +61 8 9468 8909
Email: support@realtimeconveyancer.com.au