Can your clients easily work with you remotely?
Do you have a simple way to explain commissions?
Do you make it easy for customers to deal with upfront
marketing costs and just get started?
A lack of speed and simplicity may be costing you a great deal.
Make it easy for your customers to work with you.
We know that when a customer is deciding to put the sale of their family home or investment property in your hands, they want to be certain you are the right agent for them. To get your client’s signature, everything you do needs to be on point.
We believe that every step and every interaction you have with your clients is an opportunity to impress. We understand how it feels when a customer hesitates. That’s why we’ve built an App to take care of it all. It’s simple, immediate and secure.
Here’s what you have to do:
01
Log in to SmartVicForms with your REIV Individual Member ID
02
Enter your client’s property details and authority information
03
Take your customer through the authority and invite them to digitally sign
For a limited time only, REIV Members can get free access to SmartVicForms and use of REIV Property Sale Authorities at no charge. Why not give it a try? We'd love your feedback!
Not a problem. Talk to us about how you can use the App for your forms, contracts and processes.
phone: +61 413082944 email: hello@benext.io
Terms of use
INTRODUCTION
Welcome to SmartVicForms!
SmartVicForms is the result of a partnership between the Real Estate Institute of Victoria and beNEXT Systems.
We’re excited to have you here but before you start using our software, we do need you to look through and accept these beNEXT terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.
To make things easier, you’ll see summary headings at the top of each section to give you a heads up on what’s coming up.
These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services.
If you still have questions or comments after you’ve read these terms, please go to www.smartvicforms.com.au and get in touch. We’d love to help.
Last updated on 4 September 2020.
JOINING AND USING OUR SERVICES
In this section we explain how to register with SmartVicForms and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.
1. You, SmartVicForms and beNEXT:
When we say you or your, we mean both you and any entity or firm you’re authorised to represent.
When we say beNEXT, we, our or us, we’re talking about the beNEXT Systems Pty Ltd (ABN 46 638 143 978) entity you contract with and pay fees to.
When we say SmartVicForms, we mean the trading name of the partnership between The Real Estate Institute of Victoria Ltd and beNEXT Systems Pty Ltd (“SmartVicForms”)
2. Our services: When you sign up with SmartVicForms, you create an account to use our services. Where there are fees associated with the use of services we provide, as a user you are responsible for their payment.
3. Creating an account: When you sign up with SmartVicForms, you create an account to use our services. Where there are fees associated with the use of services we provide, as a user you are responsible for their payment.
4. User roles and access: When you create an account you accept these terms and you become a user. As a user inviting othersinto SmartVicForms, you should understand the permissions you’re granting to invited users.
Real Estate Agents - Agents can create and edit properties and agreements. This includes detailing those people who will be involved in the execution of the agreement (parties to the agreement). They can also invite those parties to the agreement to become SmartVicForms users.
Parties to an Agreement - These are people who will be involved in the execution of the agreement. For example Property Owners. These users can view and update properties and agreements they are party to.
5. The right to use our services: As a user, we grant you the right to use our services (based on your user role and the level of access you’ve been granted) so long as any associated service fees are paid and until your account access is revoked.
6. Rules: Whatever your role, when you use SmartVicForms you agree to follow the rules outlined here. Please read them and make sure you understand what you should and shouldn’t do.
7. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that
8. When we introduce new or revised services: Since we’re always thinking about how to make our services the best they can be, we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
9. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modifyor make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
PRICING
Although you can create an account and start using SmartVicForms for free, depending on your user role and the services you use, there are fees you will need to pay.
10. SmartVicForms pricing: Depending on your user role, using our service requires you to pay a service fee on the successful signing of an agreement. This fee is triggered when all users who are party to an agreement have signed it. It is also relevant
11. Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax
12. Additional services: Depending on how you use our services, you may be able to take advantage of additional services that we offer. These might incur an additional fee that we’ll let you know about when you sign up for those services.
13. Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the services you use. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your service until the payment is made.
DATA USE AND PRIVACY
We use your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.
14. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
15. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into SmartVicForms, like your name and email address.
16. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
17. Data breach notifications: Where we think there has been unauthorised access to personal data inside your account, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your account.
CONFIDENTIAL INFORMATION
We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.
18. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
SECURITY
We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.
19. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
20. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on what services you’re using, we may require you to adopt some of these features. Where we make the use of security =features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
21. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of our services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details or bank account details.
THIRD PARTY PRODUCTS
To help make your experience the best it can be, the beNEXT ecosystem includes products and services made available by trusted partners.
22. Other services: Many of our services, are available in partnership with other organisations’ services, such as the Real Estate Institute of Victoria. These organisations and companies may have additional terms that apply to you, such as the REIV terms and conditions.
23. Third-party products: Along with the use of our services, you may use data, services and apps from other companies (third-party products). Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.
24. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.
25. Use of your data to connect you to third party products: If you choose to connect your account to third-party products, we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our privacy notice and these terms.
26. Payments to beNEXT: Just so you know, some third-party providers may pay us a fee that may be related to: referrals from beNEXT; revenue made by the provider; or data that the providers access about you through our services with your consent. One example would be you applying for a financial product with a third-party provider through our services.
MAINTENANCE, DOWNTIME AND DATA LOSS
We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.
27. Availability: We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
28. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
29. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.
30. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
31. Problems and support: If you have a problem, you can contact our support team by contacting us.
32. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email or within our services when you log in).
DO’S AND DON’TS
This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.
33. Feedback: We love your feedback and may use it without restriction.
34. Using our services: You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
35. No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
38. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
Undermine the security or integrity of our computing systems or networks.
Use our services in any way that might impair functionality or interfere with other people’s use.
Access any system without permission.
Introduce or upload anything to our services that includes viruses or other malicious code.
Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
Resell, lease or provide our services in any way not expressly permitted through our services.
Repackage, resell, or sublicense any leads or data accessed through our services.
Commit fraud or other illegal acts through our services.
Act in a manner that is abusive or disrespectful to a beNEXT employee, partner, or other SmartVicForms or beNEXT customer.
TERMINATION
We may terminate your account if you violate these terms.
39. Termination: beNEXT may choose to terminate your account at any time by providing you with one month’s written notice in advance. beNEXT may also terminate or suspend your account or access to all or any data immediately if:
you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
you breach any of these terms and the breach cannot be remedied,
you fail to pay service fees, or
you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
40. Outstanding fees payable: You’ll still need to pay all relevant service fees up to and including the day of termination.
41. No refunds: No refund is due to you if beNEXT terminates your account in accordance with these terms
42. Retention of your data: Once an account is terminated, it is archived and the data submitted or created by you is no longer available to you. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.
LIABILITY AND INDEMNITY
This section is important as it outlines liability terms between us and users, so we urge you to read it closely and in full.
43. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
44. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 50, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
45. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
Our total aggregate liability to you in any circumstances is limited to the total amount you paid us in service fees in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
DISPUTES
This section outlines how disputes may be resolved.
46. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
IMPORTANT HOUSEKEEPING
Here we set out some additional terms. Take a read as they cover important issues.
47. No professional advice: Just to be clear, beNEXT isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a business, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.
48. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
49. Notices: Any notice you send to us can be sent through our Contact Us page. Any notices we send to you will be sent to the email address you’ve provided us through your account.
50. Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
51. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
52. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
53. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture,employment or agency relationship between you and us, or between you and any other user. You’re solely responsible for resolving disputes between you and any other user.
54. Changes to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you.
55. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
56. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
You’ve made it to the end. Thanks for reading our terms!
Privacy
INTRODUCTION
This notice applies across all websites that we own and operate and all services we provide. For the purpose of this notice, we’ll just call them our ‘services’.
When we say ‘personal data’ we mean identifiable information about you, like your name, email, address, telephone number, bank account details, payment information, support queries and so on. If you can’t be identified (for example, when personal data has been aggregated and anonymised) then this notice doesn’t apply. Check out our terms of use for more information on how we treat your other data.
We may need to update this notice from time to time. Where a change is significant, we’ll make sure we let you know – usually by sending you an email.
You can read the whole notice below, or if you haven’t got much time, you can jump to the section you need using the navigation menu.
Last updated on 4 September 2020
WHO ARE ‘WE’?
When we refer to ‘we’ (or ‘our’ or ‘us’), that means beNEXT Systems Pty Ltd and all its wholly owned subsidiaries. Our headquarters are in Melbourne, Australia. Australian Business Number: 46638143978
OUR PRINCIPLES OF DATA PROTECTION
Our approach to data protection is built around four key principles. They’re at the heart of everything we do relating to personal data.
Transparency: We take a human approach to how we process personal data by being open, honest and transparent.
Enablement: We enable connections and efficient use of personal data to empower productivity and growth.
Security: We champion industry leading approaches to securing the personal data entrusted to us.
Stewardship: We accept the responsibility that comes with processing personal data.
HOW WE COLLECT YOUR DATA
When you visit our websites or use our services, we collect personal data. The ways we collect it can be broadly categorised into the following:
Information you provide to us directly: When you visit or use some parts of our websites and/or services we might ask you to provide personal data to us. For example, we ask for your contact information when you sign up, respond to an email offer, join us on social media, take part in events, contact us with questions or request support. If you don’t want to provide us with personal data, you don’t have to, but it might mean you can’t use some parts of our websites or services.
Information we collect automatically: We collect some information about you automatically when you visit our websites or use our services, like your IP address and device type. We also collect information when you navigate through our websites and services, including what pages you looked at and what links you clicked on. This information is useful for us as it helps us get a better understanding of how you’re using our websites and services so that we can continue to provide the best experience possible (e.g., by personalising the content you see).
Where we collect personal data, we’ll only process it:
to perform a contract with you, or
where we have legitimate interests to process the personal data and they’re not overridden by your rights, or
in accordance with a legal obligation, or
where we have your consent.
If we don’t collect your personal data, we may be unable to provide you with all our services, and some functions and features on our websites may not be available to you.
If you’re someone who doesn’t have a relationship with us, but believe that a beNEXT user has entered your personal data into our websites or services, you’ll need to contact that beNEXT user for any questions you have about your personal data (including where you want to access, correct, amend, or request that the user delete, your personal data).
HOW WE USE YOUR DATA
First and foremost, we use your personal data to operate our websites and provide you with any services you’ve requested, and to manage our relationship with you. We also use your personal data for other purposes, which may include the following:
To communicate with you. This may include:
providing you with information you’ve requested from us or information we are required to send to you
operational communications, like changes to our websites and services, security updates, or assistance with using our websites and services
marketing communications (about beNEXT or another product or service we think you might be interested in)
asking you for feedback or to take part in any research we are conducting
To support you: This may include assisting with the resolution of technical support issues or other issues relating to the websites or services, whether by email, in-app support or otherwise.
To enhance our websites and services and develop new ones: For example, by tracking and monitoring your use of websites and services so we can keep improving, or by carrying out technical analysis of our websites and services so that we can optimise your user experience and provide you with more efficient tools.
To protect: So that we can detect and prevent any fraudulent or malicious activity, and make sure that everyone is using our websites and services fairly and in accordance with our terms of use.
To market to you: In addition to sending you marketing communications, we may also use your personal data to display targeted advertising to you online – through our own websites and services or through third party websites and their platforms.
To analyse, aggregate and report: We may use the personal data we collect about you and other users of our websites and services (whether obtained directly or from third parties) to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties.
HOW WE CAN SHARE YOUR DATA
There will be times when we need to share your personal data with third parties. We will only disclose your personal data to:
third party service providers and partners who assist and enable us to use the personal data to support delivery of or provide functionality on the website or services, or to market or promote our goods and services to you
regulators, law enforcement bodies, government agencies, courts or other third parties where we think it’s necessary to comply with applicable laws or regulations, or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this type of disclosure
an actual or potential buyer (and its agents and advisors) in connection with an actual or proposed purchase, merger or acquisition of any part of our business
other people where we have your consent.
INTERNATIONAL DATA TRANSFERS
When we share data, it may be transferred to, and processed in, countries other than the country you live in – such as to the United States, where our data hosting provider’s servers are located. These countries may have laws different to what you’re used to. Rest assured, where we disclose personal data to a third party in another country, we put safeguards in place to ensure your personal data remains protected.
SECURITY
Security is a priority for us when it comes to your personal data. We’re committed to protecting your personal data and have appropriate technical and organisational measures in place to make sure that happens.
RETENTION
The length of time we keep your personal data depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal requirements).
We’ll retain your personal data for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it. Following that period, we’ll make sure it’s deleted or anonymised.
YOUR RIGHTS
It’s your personal data and you have certain rights relating to it. When it comes to marketing communications, you can ask us not to send you these at any time – just follow the unsubscribe instructions contained in the marketing communication, or make your request from the Contact Us page.
You also have rights to:
know what personal data we hold about you, and to make sure it’s correct and up to date
request a copy of your personal data, or ask us to restrict processing your personal data or delete it
object to our continued processing of your personal data You can exercise these rights at any time by making a request from the Contact Us page.
You can exercise these rights at any time by making a request from the Contact Us page.
If you’re not happy with how we are processing your personal data, please let us know by getting in touch from the Contact Us page. We will review and investigate your complaint, and try to get back to you within a reasonable time frame.
