Legal
triSearch Terms
Our simplified contract model comprises three key elements: General Terms + Product Terms + Third Party Terms
General Terms
This agreement spans our entire relationship with you and governs your use of all triSearch Products and the triConvey Platforms
Current from 1 December 2023
Product Terms
Where applicable, these terms apply to your use of specific products and services, and apply in addition to the triSearch General Terms. Not all products or services will have special product terms, so check the table of contents for your product.
Third Party Terms
Third Party Terms form part of the Product Terms. Where applicable, these terms and disclaimers are required by our Third Party Suppliers in respect of your use of Third Party Products licensed to you by triSearch, and apply in addition to the triSearch General Terms. Examples include terms required by the Land Titles Office and other authorities.
triSearch Policies
Privacy Policy
This notice describes how the triSearch Group handles, collects, uses, discloses and stores personal information about you.
Modern Slavery Statement
FAQs
Your contract with TriSearch comprises three key elements:
TriSearch General Terms + Product Terms + Third Party Terms
The General Terms span our entire relationship with you and governs your use of all TriSearch Products and the TriConvey Software.
Please see the TriSearch Contracts page here for a summary of our contract model.
The new General Terms commence on 1 December 2023. Until then, the current triSearch Terms and Conditions and triConvey Terms and Conditions will remain in effect.
By continuing to use TriConvey Software or TriSearch to order products from us on or after 1 December 2023, you are agreeing to the updated TriSearch General Terms.
If you do not agree to our new General Terms, you may elect to close your account either before the new General Terms become effective or otherwise anytime before 30 January 2024.
Your use of the triConvey Software and any applications within the platform are covered by the General Terms.
All Products that you order, access or use through your account on the TriSearch Platform are also covered by the General Terms as well as any relevant Product Terms and Third Party Terms.
We have uplifted our General Terms to ensure better alignment to our third party supplier arrangements and to ensure compliance with the new ‘Unfair Contract Terms’ regime, which comes into effect on 10 November 2023 (see Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (the Australian Consumer Law).
This opportunity to refresh our General Terms allows us to provide greater clarity and transparency on how we operate, how we make decisions that may affect you, and to reflect changes needed to ensure compliance with the most recent changes to Australian Consumer Law. This update will apply to your use of the triSearch Products and your access to the triConvey Software.
Please see below for a more detailed summary of what’s changing.
The changes and differences between the previous triSearch Terms and Conditions plus the triConvey Terms and Conditions and the new TriSearch General Terms are summarised below:
- The qualification criteria for the triConvey Rebate Offer has been simplified. The full details of the changes are summarised below under the heading ‘Changes to the triConvey Rebate’.
- The terms governing your use of the trisearch products, and triConvey Software are now all in the one place (rather than two documents), making it easier for you to navigate.
- Updated Product Specific Terms in an easier-to-navigate structure.
- Uplifted Information Security rights and obligations applicable to Us, including our obligations to remain compliant with ISO 27001 and ISO 9001.
- Incorporating updated third party supplier terms & disclaimers.
- Clarifying when third party supplier terms apply to you (for example, terms applicable to Titles that are prescribed by the state and territory Land Titles Offices).
- Improved termination rights in your favour, though your ability to cease using your InfoTrack account at any time remains unchanged.
- Clarifying the scope of the licences granted by InfoTrack to you, including general restrictions and any specific restrictions or authorised uses within the Product Specific Terms (where relevant).
- Clarifying the fee increase process.
- Clarifying our position for late or non-payment of fees by you, which may include the ability to convert you to direct debit.
- Clarifying ownership of intellectual property rights.
- Limiting and balancing both Parties liability and indemnity obligations.
- Uplifted Privacy Law rights and obligations applicable to You and Us in compliance with the Privacy Act 1988 (Cth).
- Uplifted Confidentiality rights and obligations applicable to You and Us.
Commencing on 1 January 2024, we are simplifying the qualification criteria for the triConvey Rebate Offer.
The requirement to open 4 matters in a quarter has been replaced with a minimum spend requirement on searches through the triSearch Platform over the invoicing quarter. All other conditions remain unchanged.
From 1 January 2024, in order to qualify for the triConvey Rebate Offer, you must:
- still continue to use triSearch as your exclusive search provider
- still continue comply with the triSearch General Terms;
- order at least $1,100 (incl GST) worth of triSearch Products via the triSearch Platform in the invoicing quarter,
(Rebate Criteria).
If you do not meet the Rebate Criteria during the relevant billing quarter, then triSearch may issue you with an invoice for $550 (incl GST) for your use of and access to the triConvey Software over the previous quarter. If you do not meet the Rebate Criteria at anytime over the billing year, then your total commitment for licensing the triConvey Software will be $2,200 (incl GST). This remains unchanged.
