Terms & Conditions

Welcome to SearchX. These Terms and Conditions of Use (“Terms”) govern your access to and use of the SearchX website, mobile applications, and associated services (collectively, the “Platform”), owned and operated by SearchX Pty Ltd ACN  680 745 733 (“SearchX”, “we”, “us”, or “our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not accept these Terms, you must not use the Platform.

1. Scope of Services

SearchX provides an online platform that enables real estate agents, vendors, and other users to generate seller disclosure reports, access property-related documentation, and connect with affiliated services (the “Services”).

SearchX is not a law firm and does not provide legal advice. Any legal services facilitated through SearchX are delivered by separate incorporated legal practices under applicable legal profession laws.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

To access certain features, you may be required to register an account. You agree to provide accurate and complete information and keep your credentials secure. You are solely responsible for activity under your account.

4. Use of the Platform

You agree not to:

• Use the Platform for any unlawful, misleading, or fraudulent purpose;

• Interfere with the operation or security of the Platform;

• Access data or content not intended for you;

• Reverse engineer, decompile, or disassemble any part of the Platform;

• Use automated tools to extract data from the Platform without our written permission.

We may suspend or terminate your access if you breach these Terms.

5. Fees and Payments

Certain Services may be subject to fees. You agree to pay all applicable charges in accordance with the pricing displayed at the time of ordering. Fees are in Australian dollars and inclusive of GST unless otherwise stated.

SearchX may update pricing at any time. Continued use of the Platform following a change in fees constitutes your agreement to the new charges.

6. Refunds and Cancellations

All orders placed through SearchX are subject to the following refund and cancellation policy.

Cancellations

You may request cancellation of an order at any time by contacting us at orders@search-x.com.au. Cancellation does not automatically entitle you to a refund. Whether any refund is available depends on the stage of the order at the time the request is received and the work already undertaken on your behalf.

Fees Are Non-Refundable Once Work Commences

Subject to the Australian Consumer Law section below, all fees paid are non-refundable once work on your order has commenced. Work is taken to have commenced when we begin preparing your report, including ordering searches or certificates from third parties on your behalf, as these costs are incurred by us at that point and cannot be recovered.

For the avoidance of doubt, no refund is payable where:

(a) the report has been compiled and is awaiting only Vendor-dependent inputs — such as completion of the Vendor Questionnaire, or receipt of rates or water notices from the relevant authority; or

(b) the report has been issued for signing, executed, or marked as completed.

Where a report has reached the stage described in (a) and (b), all fees paid are non-refundable regardless of whether the report is subsequently used, settlement proceeds, or the transaction does not continue.

Discretionary Refunds

Where an order is cancelled before work has commenced, or in other exceptional circumstances, we may at our sole discretion provide a full or partial refund. In assessing any discretionary refund, we may deduct the value of work performed and costs incurred on your behalf, including third-party searches and certificates ordered. The exercise of discretion in one instance does not create any entitlement in another.

How to Raise a Refund Request

All refund requests must be submitted in writing to orders@search-x.com.au and must include your order reference number and the reason for your request. Requests will be assessed on a case-by-case basis, and we will endeavour to respond within five (5) business days of receipt.

Where a refund is approved, it will be processed within ten (10) business days. Approved refunds will be less any non-refundable third-party payment processing fees incurred at the time of the original transaction.

Concerns About a Completed Report

If you have a concern regarding the accuracy or quality of a completed report, this policy does not apply. Please refer to our Complaints and Dispute Resolution process, and nothing in this section limits your rights under the Australian Consumer Law section below.

Australian Consumer Law

Nothing in this clause excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded or limited by agreement. This includes the consumer guarantees relating to services, such as the guarantee that services will be rendered with due care and skill. Where the Australian Consumer Law applies, our liability is limited to the extent permitted by law.

7. Complaints and Dispute Resolution

We are committed to resolving complaints fairly and efficiently. If you have a concern about our Services, we encourage you to contact us in the first instance so we can work toward a resolution.

Submitting a Complaint

All complaints must be submitted in writing to support@search-x.com.au and should include your order reference number, a description of the issue, and any supporting documentation or evidence. We will acknowledge receipt of your complaint within two (2) business days and endeavour to provide a substantive response within ten (10) business days.

Internal Resolution - Payment & Refund Review

Upon receiving your complaint regarding payment or a requested refund, we will review the matter in accordance with our Refund Policy and respond with our findings and any proposed resolution. 

Escalation

If you are not satisfied with our response, you may request that the matter be escalated to a senior member of our team by replying to our response and indicating that you wish to escalate. We will acknowledge escalation requests within two (2) business days and provide a final written response within fifteen (15) business days.

External Dispute Resolution

If a dispute remains unresolved following our internal process, either party may refer the matter to a relevant external body, including the Queensland Office of Fair Trading or, where applicable, the Australian Competition and Consumer Commission (ACCC). Nothing in this clause prevents you from exercising any rights you may have under applicable law, including the Australian Consumer Law.

Limitation

This complaints process does not apply to disputes that are the subject of legal proceedings already commenced by either party. Where a dispute cannot be resolved through the above process, either party may pursue their legal remedies in accordance with Clause 13 (Governing Law) of these Terms.

8. Intellectual Property

All content on the Platform, including text, software, designs, trademarks, and logos, is owned or licensed by SearchX and protected by Australian and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose. You must not copy, reproduce, or distribute any part of the Platform without our prior written consent.

9. Privacy

Your personal information is collected and handled in accordance with our Privacy Policy. By using the Platform, you consent to the collection and use of your information as described in that policy.

10. Disclaimer and Limitation of Liability

The Platform and Services are provided “as is” and “as available”. We make no warranties or representations about the accuracy, reliability, or completeness of any content or output generated through the Platform.

To the maximum extent permitted by law:

• We exclude all warranties not expressly stated in these Terms;

• We are not liable for any indirect, incidental, or consequential loss;

• Our liability for any breach of these Terms is limited to the resupply of the relevant Services or the amount paid by you for those Services (whichever is less).

11. User-Submitted Information

You are responsible for all information you submit through the Platform. You warrant that all such content is accurate, lawful, and does not infringe any third-party rights.

You grant us a non-exclusive, royalty-free licence to use, host, and display this content for the purpose of delivering our Services.

12. Termination

We may suspend or terminate your access to the Platform at any time for breach of these Terms, misuse of the Platform, or at our sole discretion. You may also cease use of the Platform at any time.

Provisions that by their nature survive termination (e.g. intellectual property, disclaimers, and indemnities) will continue to apply.

13. Changes to These Terms

We may amend these Terms from time to time by posting the updated version on our Platform. Continued use of the Platform after such changes constitutes your acceptance of the new Terms.

14. Governing Law

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

15. Engagement of SearchX Legal Pty Ltd

By placing an order through the Platform, you expressly acknowledge and authorise that SearchX Pty Ltd will engage SearchX Legal Pty Ltd (an incorporated legal practice) to review search results and prepare the Form 2 Seller Disclosure Statement required under Queensland legislation.

You acknowledge that:

• SearchX Legal Pty Ltd is a separate legal entity from SearchX Pty Ltd;

• The two entities have common shareholders and operate in close commercial alignment;

• SearchX Pty Ltd is the client of SearchX Legal Pty Ltd, not you as the end user or vendor;

• Legal services are provided to SearchX Pty Ltd pursuant to a standing retainer agreement; and

• The role of SearchX Pty Ltd is to provide the technology platform and operational portal through which legally compliant disclosure documentation is generated and delivered by a legal practitioner.

Nothing in your use of the Platform or Services creates a solicitor-client relationship between you and SearchX Legal Pty Ltd. Any legal review or compliance service provided via the Platform is performed by SearchX Legal Pty Ltd for SearchX Pty Ltd.

You further acknowledge and agree that:

• While a comprehensive suite of property searches is undertaken, certain disclosures required under Queensland legislation (including, but not limited to, unregistered encumbrances, oral agreements, unregistered written agreements, or non-searchable notices) are incapable of being identified via search;

• You are solely responsible for answering all questions contained within the Vendor Questionnaire accurately, honestly and to the best of your knowledge;

• The responses you provide are relied upon by SearchX Legal Pty Ltd for the preparation of the Form 2 Seller Disclosure Statement, which is a legal document required to be given to the buyer;

• Any failure to disclose material facts, or any incorrect, misleading or incomplete information you provide, may give rise to legal consequences, including potential termination of the contract of sale by the buyer; and

• SearchX Pty Ltd and SearchX Legal Pty Ltd are not liable for any adverse consequences resulting from your failure to provide accurate and complete responses to the Vendor Questionnaire.

• If you need assistance with your questionnaire you can use the chatbot embedded throughout the website, email legal@search-x.com.au or call (07) 3053 5666 for assistance. 

16. Indemnity - Law Firm Users

This clause applies where the account holder is a law firm or legal practitioner ordering through the Platform on behalf of their client (the vendor) (Law Firm User).

16.1 Subject to clause 16.2, SearchX Legal Pty Ltd (SearchX) indemnifies the Law Firm User against damages the Law Firm User is ordered, adjudged or becomes reasonable liable to pay to their client (the vendor) arising directly from a valid termination of a contract of sale pursuant to the Property Law Act 2023 (Qld) on the basis that the Form 2 Seller Disclosure Statement, prepared by SearchX, was invalid or materially defective  (Indemnified Loss).

16.2 The indemnity in clause 16.1 is subject to the following conditions and limitations:

(a) the indemnity applies only where the Law Firm User’s client (the vendor) has commenced proceedings against the Law Firm User in a court of competent jurisdiction. This clause does not apply to demands or amounts paid in lieu of litigation where proceedings have not been commenced - unless agreed in writing by SearchX. Where proceedings have been commenced, the Indemnified Loss may include an amount paid in settlement, provided that:

(i) the Law Firm User has notified SearchX in writing promptly upon becoming aware of the claim or proceedings;
(ii) the Law Firm User has conferred with SearchX before entering into any settlement negotiations or making any admission; and
(iii) any settlement amount has been expressly accepted in writing by SearchX prior to execution;

(b) the Form 2 Seller Disclosure Statement the subject of the claim must have been prepared and delivered via the SearchX Platform;

(c) the indemnity does not extend to any loss arising from:
(i) inaccurate, incomplete or misleading information provided by the Law Firm User’s client in the Vendor Questionnaire or in communications with SearchX;
(ii) circumstances or encumbrances incapable of being identified via search, as described in clause 15; or
(iii) any act or omission of the Law Firm User’s client, or any third party;

(d) the indemnity does not extend to the Law Firm User’s own legal costs, disbursements or any other loss or damage suffered by the Law Firm User as a consequence of being the subject of a claim - it is strictly limited to the damages payable to the Law Firm User’s client;

(e) the Law Firm User must notify SearchX in writing promptly upon becoming aware of any claim or proceeding that may give rise to an Indemnified Loss, and must not take any step in the litigation, or make any admission, without first consulting SearchX; and

(f) SearchX reserves the right, at its election, to assume conduct of the defence of any proceeding to which this indemnity may apply.

16.3 Nothing in this clause creates a solicitor-client relationship between SearchX Legal Pty Ltd and the Law Firm User.

17. Agent Facilitation Only

Where a real estate agent (Agent) assists a vendor in placing an order with SearchX, the Agent is acting solely in a facilitative or administrative capacity to help the vendor access the Services. The Agent is not a party to the agreement between the vendor and SearchX and is not a customer of SearchX in respect of the Services.

SearchX deals exclusively with the vendor as the instructing party, and any legal obligations, rights, or liabilities arising from the Services are owed solely to and by the vendor. The Agent assumes no liability whatsoever in connection with the Services provided by SearchX, and the involvement of the Agent shall not be construed as a legal or contractual relationship between the Agent and SearchX.

For clarity, the Agent does not provide legal instructions and does not warrant or guarantee any aspect of the Services.

18. SearchX Misconduct Report

If you see any behaviour in our business that runs contrary to our policies or company values - you should let management know about it. We understand that this is a sensitive subject. Use the following form to report misconduct:

Submit a report

This form is anonymous. No information about you is recorded or tracked.

19. Contact Us

For questions or concerns regarding these Terms, please contact:

SearchX Pty Ltd
Email: support@search-x.com.au