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Terms And Conditions

Last Updated: 26th May 2026

 

Welcome to Smart Title.

 

Smartlex Pty Ltd (ABN 17 689 825 947), trading as Smart Title (“Smart Title”, “we”, “us” or “our”), is a company incorporated in Australia with its registered office at Suite 19.01, Level 19, 390 St Kilda Road, Melbourne, Victoria 3004. We operate the website located at https://smarttitle.com.au (“Website”) and provide conveyancing and property transaction services in the State of Victoria, Australia.

 

These Website Terms and Conditions (“Terms”) set out the terms on which you may access and use our Website, including when you browse the Website, access information, submit enquiries, request information about our Services, or otherwise interact with us through the Website. These Terms govern your use of the Website and any content, materials, functionality and services made available through it.

 

Smart Title provides conveyancing and property transaction services, including services relating to property purchases, sales, refinancing and transfers of equity (“Services”). Information on the Website is intended to assist you in understanding our Services and how we may be able to help with your property transaction.

 

By accessing or using our Website, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, you must not access or use the Website.

 

We may update or amend these Terms from time to time to reflect changes in our practices, legal requirements or operational needs. Any updated version will be published on the Website and will take effect from the date of publication. Your continued use of the Website after any changes are published constitutes your acceptance of the updated Terms.

 

  1. Use of the Website

 

  • You may access and use the Website in accordance with these Terms.

 

  • You must not misuse the Website or engage in any conduct that may adversely affect its operation, security or accessibility.

 

  • Without limitation, you must not:

 

  1. use the Website in any way that is unlawful, fraudulent or misleading;
  2. attempt to gain unauthorised access to any part of the Website, its systems, servers or networks;
  3. interfere with, disrupt or impair the functionality or performance of the Website;
  4. introduce viruses, malware or other harmful code into the Website;
  5. use any automated means, including bots, scrapers or data mining tools, to access or extract data from the Website without our prior written consent; or
  6. use the Website in a manner that may damage our reputation or that of our Services.

 

  • We may, acting reasonably, restrict, suspend or terminate your access to the Website without notice if we believe that you have breached these Terms or engaged in inappropriate or unlawful conduct as further outlined in Clause 13.

 

  • The Website is intended for use by persons located in Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for compliance with local laws.

 

  1. No Legal Advice and No Solicitor-Client Relationship

 

  • The content made available on the Website is provided for general informational purposes only and does not constitute legal advice or any other form of professional advice.

 

  • While we take reasonable care in preparing the content on the Website, it is not intended to be comprehensive and may not reflect current legal developments or your specific circumstances. To the maximum extent permitted by law, we do not make any representation or warranty as to the accuracy, completeness or reliability of the content.

 

  • You should not rely on any information contained on the Website as a substitute for obtaining independent legal or professional advice customised to your individual circumstances.

 

  • Accessing or using the Website, including submitting enquiries or communicating with us through the Website, does not create a solicitor-client relationship, retainer or any other professional relationship between you and Smart Title.

 

  • A solicitor-client relationship will only arise where we have expressly agreed to act for you and the terms of that engagement have been confirmed in writing.

 

  1. Services

 

  • Smart Title provides conveyancing and property transaction services in Australia, including services relating to property purchases, sales, refinancing, transfers of equity and other related property transactions.

 

  • Nothing on the Website constitutes an offer to provide Services or creates any binding agreement between you and Smart Title. Any engagement of Smart Title to provide Services is subject to our acceptance and the execution of a separate written agreement, engagement letter or costs agreement setting out the scope of Services and applicable terms.

 

  • The availability, scope and delivery of our Services may vary depending on the nature of the transaction, applicable legal and regulatory requirements, and any information or instructions provided by you or third parties involved in the transaction.

 

  • We may rely on information provided by you and by third parties involved in a property transaction, including real estate agents, lenders, financial institutions and government authorities. While we take reasonable care in performing our Services, we are not responsible for the accuracy, completeness or reliability of such information.

 

  • To the extent permitted by law, Smart Title does not warrant that the Services described on the Website will be available at all times or suitable for your particular circumstances.

 

  • We reserve the right to modify, suspend or discontinue any aspect of the Services described on the Website at any time without notice.

 

  1. Payment Terms

 

  • Any fees, charges or disbursements payable for the provision of our Services will be set out in a separate written agreement, engagement letter or costs agreement between you and Smart Title.

 

  • Unless otherwise agreed in writing, all fees and charges must be paid in accordance with the terms specified in the applicable agreement or invoice issued by Smart Title.

 

  • We reserve the right to require payment of fees in advance, including deposits or trust monies, where permitted by law and in accordance with applicable professional and regulatory requirements.

 

  • You are responsible for ensuring that all payment details provided to us are accurate and that payments are made on time and in full.

 

  • If any amount payable to Smart Title is not paid when due, we reserve the right (to the extent permitted by law) to:
    1. suspend or refuse to provide further Services;
    2. charge interest on overdue amounts at a reasonable rate; and/or
    3. recover any reasonable costs incurred in recovering the outstanding amount.

 

  • Smart Title may engage third-party payment processors or financial institutions to facilitate payments. Any such services may be subject to the terms and conditions of those third parties.

 

  • Nothing in these Terms limits any rights or obligations relating to fees, costs or payments set out in any separate agreement between you and Smart Title.

 

  1. Limitation of Liability

 

  • To the maximum extent permitted by law, Smart Title excludes all liability for any loss, damage, cost or expense (including direct, indirect, incidental, consequential or special loss or damage) arising out of or in connection with your access to, use of, or reliance on the Website or any content made available on the Website.

 

  • Without limitation, Smart Title does not accept responsibility for any loss or damage arising from:
    1. errors or omissions in the content of the Website;
    2. reliance on information made available on the Website;
    3. interruption, delay or unavailability of the Website; or
    4. unauthorised access to or use of the Website or its systems.

 

  • Where any law implies a condition, warranty or guarantee that cannot be excluded, our liability is limited to the extent permitted by law, including (where applicable) to:
    1. the resupply of the relevant services; or
    2. the payment of the cost of having the services supplied again.

 

  • Nothing in these Terms excludes, restricts or modifies any rights or remedies that you may have under applicable law, including under the Australian Consumer Law, which cannot be excluded.

 

  1. Intellectual Property

 

  • All content made available on the Website, including but not limited to text, graphics, logos, images, audio, video, design, layout, software, functionality and any other materials or features of the Website (“Content”), is owned by or licensed to Smart Title and is protected by applicable intellectual property laws.

 

  • Unless otherwise indicated, Smart Title owns or is licensed to use all intellectual property rights in the Website and its Content.

 

  • You may access and use the Website and its Content for your personal, non-commercial use only, in accordance with these Terms.

 

  • You must not, without our prior written consent:
    1. reproduce, copy, modify, adapt, publish, transmit, distribute, display, communicate or otherwise use any Content for commercial purposes;
    2. create derivative works from any Content;
    3. use any Content in a manner that infringes our intellectual property rights or the rights of any third party;
    4. remove, alter or obscure any copyright, trade mark or other proprietary notices contained in the Content;
    5. frame, mirror or otherwise incorporate any part of the Website into another website or platform; or
    6. use any automated means, including bots, scrapers or data mining tools, to copy, extract or republish any Content from the Website.

 

  • Nothing in these Terms grants you any ownership rights or licence in relation to the Website or its Content, other than the limited right to access and use the Website in accordance with these Terms.

 

  • All trade marks, service marks, business names and logos displayed on the Website are the property of Smart Title or their respective owners. You must not use any such marks without the prior written consent of the relevant owner.

 

  • We reserve all rights not expressly granted under these Terms.

 

  1. Third-Party Links

 

  • The Website may contain links to third-party websites, applications, platforms or online services that are not owned, operated or controlled by Smart Title.

 

  • These links are provided for convenience and informational purposes only. The inclusion of any link does not imply endorsement, approval, recommendation or association with the relevant third party or their products or services.

 

  • Smart Title does not control and is not responsible for the availability, accuracy, completeness, legality, security or content of any third-party websites or services, including any information, materials, products or services made available through them.

 

  • To the maximum extent permitted by law, Smart Title excludes all liability for any loss or damage (including indirect or consequential loss) arising out of or in connection with:
    1. your access to or use of any third-party website or service;
    2. any reliance on information, content or materials available on third-party websites; or
    3. any dealings, transactions or interactions between you and any third party.

 

  • Third-party websites may be governed by their own terms and conditions and privacy policies. When you access or use third-party websites, you do so at your own risk and you should review the applicable terms and privacy policies before providing any personal information or engaging with their services.

 

  • The Website may also incorporate or rely on third-party platforms, tools or services (including communication tools, analytics providers or electronic systems). Your use of such third-party services may be subject to additional terms imposed by those providers.

 

  • Smart Title is not responsible for any failure, delay, interruption or security issue arising from the use of third-party systems or services.

 

  1. Privacy

 

  • Your privacy is important to us. We collect, hold, use and disclose personal information in accordance with our Privacy Policy.

 

  • Our Privacy Policy sets out how we manage personal information, including how we collect, use, store and disclose such information, and how you may access or correct your personal information or make a privacy complaint.

 

  • By using the Website or providing your personal information to us, you consent to the collection, use, disclosure and handling of your personal information in accordance with our Privacy Policy.

 

  • Our Privacy Policy is available at [Insert link] and may be updated from time to time. We encourage you to review the Privacy Policy periodically to stay informed about how we handle your personal information.

 

  1. Confidential Information and Security

 

  • Smart Title acknowledges the importance of maintaining the confidentiality of information provided by you and will take reasonable steps to protect such information in accordance with applicable laws, professional obligations and our Privacy Policy.

 

  • Subject to Clause 9.1, you acknowledge that communications transmitted via the Website, including through online forms, email or other electronic means, may not be secure and may be subject to unauthorised access or interception during transmission.

 

  • You should avoid submitting highly sensitive, confidential or legally privileged information through the Website unless and until a formal engagement has been established and secure communication arrangements have been confirmed.

 

  • Any information provided to Smart Title prior to the establishment of a formal engagement will be handled in accordance with applicable laws and our Privacy Policy, but may not be subject to the same obligations of confidentiality or protection as information provided after a formal engagement has been established.

 

  • You acknowledge that electronic communications, including email, online platforms and digital conveyancing systems, may be subject to risks such as fraud, interception, unauthorised access, alteration or delay. While Smart Title takes reasonable steps to implement appropriate security measures, we do not guarantee the security of any information transmitted electronically. To the maximum extent permitted by law, Smart Title is not liable for any loss, damage or unauthorised transaction arising from such risks, except to the extent caused by our negligence or wilful misconduct.

 

  • You should exercise caution when receiving payment instructions. Smart Title will not notify you of changes to bank account details by email. You must independently verify any payment instructions before transferring funds, including by contacting us using independently sourced contact details.

 

  • Nothing in these Terms limits any obligations of confidentiality that may arise under applicable law or under any separate written agreement between you and Smart Title.

 

  1. Minors

 

  • The Website is intended for use by individuals who are at least 18 years of age.

 

  • By accessing or using the Website, you represent and warrant that you are 18 years of age or older.

 

  • If you are under the age of 18, you must not access or use the Website or provide any personal information to us through the Website.

 

  • We do not knowingly collect personal information from individuals under the age of 18. If we become aware that personal information has been collected from a person under 18, we will take reasonable steps to delete such information.

 

  1. Dispute Resolution

 

  • If any dispute, controversy or claim arises out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, performance, breach or termination (“Dispute”), the parties must first attempt to resolve the Dispute through good faith negotiations within fourteen (14) days of written notice of the Dispute.

 

  • If the Dispute is not resolved through negotiation within that period, the parties must attempt to resolve the Dispute through mediation administered by a mutually agreed mediator.

 

  • Unless otherwise agreed, the mediation will be conducted in the State or Territory in which Smart Title operates and in accordance with the rules agreed between the parties or, failing agreement, as determined by the mediator.

 

  • If the Dispute is not resolved within thirty (30) days after the appointment of the mediator (or such longer period as agreed), either party may commence legal proceedings.

 

  • Nothing in this clause prevents a party from:
    1. seeking urgent interlocutory or injunctive relief; or
    2. exercising any rights or remedies available under applicable law, including under the Australian Consumer Law.

 

  1. Force Majeure

 

  • To the maximum extent permitted by law, Smart Title will not be liable for any delay, failure or interruption in the performance of its obligations under these Terms, or in the availability or operation of the Website, to the extent such delay, failure or interruption is caused by a Force Majeure Event.

 

  • A “Force Majeure Event” means any event or circumstance beyond the reasonable control of Smart Title, including but not limited to:
    1. acts of God, natural disasters, floods, fires or storms;
    2. war, terrorism, civil unrest or riots;
    3. strikes, lockouts or other industrial disputes;
    4. failures or disruptions to telecommunications networks, internet services, hosting providers or utilities;
    5. cyber incidents, including denial-of-service attacks or widespread system failures;
    6. acts or omissions of government or regulatory authorities; or
    7. any other event beyond our reasonable control.

 

  • During the continuation of a Force Majeure Event, Smart Title’s obligations under these Terms will be suspended to the extent affected by the Force Majeure Event.

 

  • Smart Title will take reasonable steps to mitigate the effects of any Force Majeure Event and resume normal operations as soon as reasonably practicable.

 

  1. Suspension and Access

 

  • We may, at our discretion and without notice, restrict, suspend or terminate your access to all or any part of the Website where we reasonably believe that:
    1. you have breached these Terms;
    2. your use of the Website is unlawful, fraudulent, misleading or inappropriate;
    3. your use of the Website poses a risk to the security, integrity or proper operation of the Website or its systems;
    4. your use of the Website may adversely affect other users; or
    5. such action is required to comply with any applicable law, regulation or direction of a regulatory authority.

 

  • We may also restrict, suspend or interrupt access to the Website, in whole or in part, for maintenance, upgrades, system testing, security reasons or other operational purposes, without prior notice.

 

  • We do not guarantee that the Website will be continuously available or accessible at all times and may modify, suspend or discontinue any part of the Website at any time without notice.

 

  • To the maximum extent permitted by law, Smart Title is not liable for any loss, damage, cost or inconvenience (including indirect or consequential loss) arising out of or in connection with any restriction, suspension, interruption or termination of access to the Website.

 

  • Termination or suspension of access does not affect any rights or remedies available to Smart Title under these Terms or at law.

 

  1. Miscellaneous

 

  • Entire Agreement

 

These Terms constitute the entire agreement between you and Smart Title in relation to your use of the Website and supersede all prior agreements, representations or understandings relating to the Website.

 

  • Waiver

 

A failure or delay by Smart Title to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by Smart Title.

 

  • Assignment

 

Smart Title may assign, transfer or otherwise deal with its rights and obligations under these Terms without your consent. You must not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

 

  • Severability

 

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed to the extent of the invalidity or unenforceability, and the remaining provisions will continue in full force and effect.

 

  • Relationship of Parties

 

Nothing in these Terms creates any relationship of partnership, joint venture, agency or employment between you and Smart Title.

 

  • No Third-Party Rights

 

These Terms do not confer any rights on any person or party other than you and Smart Title.

 

  • Governing Law and Jurisdiction

 

These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.

 

  • Notices

 

Any notice or communication given under these Terms must be in writing and may be given by email or other electronic means to the contact details made available on the Website or otherwise notified by Smart Title. A notice will be deemed received at the time it is sent, unless the sender receives an automated message indicating that delivery has failed.