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Terms & Conditions

These Terms and Conditions of Use (Terms) govern your access to and use of the website www.live-sign.com (Website) and the services provided through it. Please read them carefully. By using the Website you confirm you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must cease using the Website immediately.

1. About the Website

1.1 The Website is operated by THELAWSTORE.COM.AU PTY LTD (ACN 653 541 729) (We/Us/Our). The Website provides Australian or New Zealand domiciled businesses (You/Your) with the ability to:

  1. create and send an electronic document (E-Document) for signature by Your end consumer (Consumer); and
  2. request or complete a Verification of Identity (VOI), which may include verification via the Document Verification Service (DVS).

1.2 Together, these are referred to as the Services.

1.3 We reserve the right to review and change any of these Terms by updating this page at our sole discretion. When We update the Terms, We will use reasonable endeavours to provide You with notice of such updates. Any changes take immediate effect from the date of publication, and Your continued use of the Website will be deemed acceptance of the updated Terms.

2. No Agency or Warranty as to Compliance

2.1 This clause applies if You are using the Services to identify a Consumer.

2.2 You confirm that:

  1. We are not acting as Your agent and, in particular, We are not acting as an Identity Agent (as that term is defined in the Australian Registrars National Electronic Conveyancing Council’s Model Participation Rules);
  2. the Website is providing You with the Services solely to assist You to undertake Your own verification of identity of a person who is executing an E-Document;
  3. You are responsible for satisfying any legal requirements to verify the identity of any person who signs an E-Document; and
  4. We do not warrant that the Services comply with any regulatory requirement to verify the identity of any person.

3. Document Verification Service (DVS) — Use and Obligations

3.1 DVS Background

3.1.1 The Website may provide VOI services that involve use of the Document Verification Service (DVS), a government-operated identity matching service administered by the Commonwealth of Australia as represented by the Attorney-General’s Department (Framework Administrator) under the Identity Verification Services Act 2023 (Cth) (IVS Act).

3.1.2 Our ability to offer VOI services that incorporate DVS features is subject to Our DVS ID Service Provider Participation Agreement with the Framework Administrator (Participation Agreement). By using the DVS-based VOI features of the Website, You agree to comply with the obligations set out in this clause 3, which flow from that Participation Agreement.

3.2 Your Eligibility to Use DVS Services

3.2.1 You may only use the DVS-based features of the Services if You:

  1. are a legal entity carrying on business in Australia and/or New Zealand;
  2. are subject to the Australian Privacy Act 1988 (Cth), the New Zealand Privacy Act 2020, the privacy law of an applicable Australian State or Territory, or (if not otherwise subject to those laws) You agree to comply with the Australian Privacy Principles as if You were an APP entity; and
  3. use the DVS features solely on Your own behalf (and not as an agent of any other person).

3.2.2 By accepting these Terms, You represent and warrant that all information You provide to Us in connection with Your use of the DVS features is true, correct, accurate and not misleading.

3.3 Permitted Use of DVS Features

3.3.1 You must only use the DVS-based features of the Services to verify the identity of Consumers in connection with Your legitimate business activities, and only where:

  1. the Consumer whose identity is being verified has given express, informed consent; and
  2. the verification is reasonably necessary for the purposes of Your activities or functions.

3.3.2 You must not use DVS features:

  1. for any purpose other than verifying the identity of Consumers as part of providing a service to them;
  2. on behalf of any third party or as an agent of another person;
  3. to create a data profile of any individual (including to track behaviour online or otherwise);
  4. for marketing, advertising or promotional purposes, offering or enabling supply of goods or services, or for market research; or
  5. in any way that contravenes the IVS Act, any IVS Rules, any relevant Access Policies, or any applicable Privacy Laws.

3.3.3 You must not use DVS-derived information as the sole evidence of an individual’s identity in any criminal or civil proceedings to which that individual is a party.

3.4 Identity Opinions and Match Results

3.4.1 You acknowledge that We, as an ID Service Provider under the Participation Agreement, are required to provide You with an Identity Opinion (rather than a raw match result). An Identity Opinion is Our opinion about whether a Consumer’s identity document appears to be genuine, based on multiple identity checks. It may be expressed in absolute terms or as a grade or risk level.

3.4.2 You must not seek to ascertain, derive or disclose the underlying Information Match Result from the DVS. You may only use the Identity Opinion provided to You by Us.

3.4.3 You acknowledge that DVS Information Match Results are based on information held by Official Record Holders and have not been independently verified by Us. Identity Opinions are provided on an ‘as is’ basis.

3.6 Consent Requirements

3.6.1 Before initiating any DVS-based identity check for a Consumer, We will ensure, via an electronic consent, the Consumer:

  1. confirms they are authorised to provide their document details for the purposes of the check;
  2. is informed of the purpose for which their information is sought and will be used, including that it will be subject to an Information Match Request against official records and may involve third-party systems; and
  3. provides their express consent to the collection, use and disclosure of their identification information for those purposes prior to any transmission being initiated.

3.6.2 When obtaining consent, We will ensure the Consumer is notified in writing:

  1. how the DVS is used in the verification process;
  2. the legal obligations applicable to the collection of their identification information;
  3. the individual’s rights in relation to their information;
  4. the consequences of declining to consent; and
  5. where they can obtain information about making complaints in relation to the collection, use and disclosure of their identification information.

3.6.3 We will keep full and proper records of all consents obtained under this clause 3.6.

3.6.4 You must notify us immediately if you receive notice that the Consumer has revoked their consent provided for under clause 3.6.1. You must refrain from making any representation or statement to the Consumer that is inconsistent with the notifications referred to in clause 3.6.2.

3.7 Privacy and Data Handling

3.7.1 You must comply with all applicable Privacy Laws in relation to any identification information collected or processed through the DVS features.

3.7.2 You must not use or disclose identification information obtained via the DVS features for any purpose other than the identity verification purpose for which it was collected.

3.7.3 You must not use or disclose any Australian Government Related Identifier of an individual except:

  1. where reasonably necessary to verify the identity of the individual for the purposes of Your activities; or
  2. where required or authorised by law or a court/tribunal order.

3.7.4 Once the purpose for which identification information was obtained has been fulfilled, You must take reasonable steps to permanently remove or destroy all personal information contained in that data, unless retention is required by law or a court/tribunal order.

3.7.5 You must keep full and proper records of all DVS-related transactions and your compliance with these Terms for a minimum period of 7 years.

3.7.6 You must maintain, and make available to Us on request, records sufficient to demonstrate Your compliance with this clause 3.

3.8 Overseas Personnel

3.8.1 You must not permit any person or entity located outside Australia or New Zealand to access or use DVS features or any identification information obtained through them, unless You have obtained Our prior written approval and provided Us with full details of the proposed overseas access.

3.8.2 Any overseas personnel You are approved to use must comply with the Australian Privacy Principles in respect of all personal information received as part of their access to or use of DVS features.

3.9 Audit and Compliance

3.9.1 You must cooperate fully with any audit or compliance review that We or the Framework Administrator may conduct in connection with Your use of the DVS features, including providing prompt access to relevant records and systems.

3.9.2 You must maintain an effective and auditable process that ensures Your compliance with this clause 3 can be demonstrated and verified at any time.

3.9.3 You authorise Us (and the Framework Administrator through Us) to access records relevant to Your use of the DVS features for the purposes of verifying Your compliance.

3.10 Complaints

3.10.1 You must have in place arrangements for dealing with complaints by individuals whose identification information You hold in connection with DVS-based verification services, and must provide information on how to make such complaints on Your website or within Your service.

3.11 No Public Statements

3.11.1 You must not make any public statement concerning the DVS or Your access to or use of it, without Our prior written consent.

3.12 Change of Control

3.12.1 You must notify Us in writing no less than 45 days prior to any proposed change of control of Your organisation, and must obtain Our prior written consent before any such change takes effect.

4. Registration

4.1 In order to access the Services, You may be required to register as a user of the Website. As part of the registration process, or as part of Your continued use of the Website, You may be required to provide personal information about Yourself and Your organisation, including:

  1. email address;
  2. preferred username;
  3. mailing address;
  4. telephone number;
  5. password;
  6. user profile/privileges;
  7. payment details including credit/debit card; and
  8. accreditation (Solicitor, Licensed Conveyancer or employee/contractor of the Member organisation).

4.2 You warrant that any information You give to Us in the course of completing the registration process will always be accurate, correct and up to date.

4.3 If a user registered to Your organisation ceases to be employed or authorised by Your organisation, the administrator of Your organisation’s profile on the Website is responsible for promptly removing that user’s privileges and registration.

5. Payment for the Services

5.1 The fees payable to Us for provision of the Services (Fees) are displayed on the Website.

5.2 The Website allows You to elect for the Fees to be paid either:

  1. by You, by credit or debit card via the Website; or
  2. by a third party.

5.3 We will provide a GST-compliant tax invoice to the person who pays the Fees, at the time of payment.

6. Your Obligations

6.1 You agree to comply with the following:

  1. You will use the Services only for purposes permitted by these Terms or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. You will review each completed E-Document or VOI to confirm its accuracy;
  3. You will immediately notify Us if You become aware of any inaccuracy;
  4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of Us providing the Services;
  5. You will not use the Services or the Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and
  6. You acknowledge and agree that any automated use of the Website or its Services is prohibited.

7. Security

7.1 The Website may use a variety of security measures to protect and identify users, including access codes.

7.2 No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect user information, We do not warrant and cannot ensure the security of any information transmitted using the Website.

7.3 You must ensure Your access credentials remain secure. You must not share credentials (such as an access code) with any other person, or allow any other person to impersonate You.

7.4 Whilst We may implement multi-factor authentication, it does not guarantee against unauthorised use.

7.5 You must take Your own precautions to ensure Your use of the Website does not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your property. We do not accept responsibility for any interference or damage to property which arises in connection with use of the Services.

7.6 You must notify Us immediately by sending an email to support@live-sign.com if:

  1. You no longer have access to the telephone number linked to Your account (e.g. if Your telephone number changes); or
  2. You suspect or have reason to believe there has been or might be any unauthorised or fraudulent use of Your account or any other breach of security.

7.7 In the event of any security breach that may relate to DVS features or the identification information of any individual, You must also comply with the additional notification and response obligations in clause 3 above.

8. Copyright and Intellectual Property

8.1 The Website, the Services and all of Our related products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled by Us, Our contributors or associated entities.

8.2 We retain all rights, title and interest in and to the Website and all related Content. Nothing You do on or in relation to the Website will transfer to You:

  1. Our business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
  2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

8.3 You may not, without Our prior written permission and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy

9.1 We take Your privacy seriously and any information provided through Your use of the Website and/or the Services is subject to Our Privacy Policy, which is available on the Website.

9.2 In connection with DVS-based Services, the collection, use and disclosure of personal and identification information is also subject to the requirements of the Australian Privacy Act 1988 (Cth), the IVS Act, and the obligations set out in clause 3 of these Terms.

10. Limitation of Liability

10.1 You acknowledge and agree that:

  1. the Services and the Website are provided on an ‘as is’ and ‘as available’ basis;
  2. the Services and Website cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of these Terms; and
  3. You use the Services and Website at Your own risk.

10.2 To the full extent permitted by applicable law, We will not be liable for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:

  1. the supply of a defective Service;
  2. a failure to provide the Service or any part thereof;
  3. errors or interruptions occurring in the course of using, or as part of, the Service or Website;
  4. corruptions to or loss of data in connection with the Services;
  5. any suspension or discontinuance of the Service or Website; or
  6. a breach of these Terms.

10.3 In relation to DVS-based features, You acknowledge that:

  1. Information Match Results are based on information provided by Official Record Holders and have not been independently verified by Us for accuracy or completeness;
  2. the DVS and any Identity Opinions are made available without any representation or warranty of any kind, including as to the accuracy of Information Match Results; and
  3. You must ensure Your business processes and operations can be conducted through alternative means of identity verification if the DVS is subject to faults, errors, interruption or breakdown, or is fully or partially unavailable for any reason.

10.4 You may have rights under the Australian Consumer Law, including the Consumer Guarantees, which cannot lawfully be excluded and nothing in these Terms has the effect of excluding, restricting or modifying such rights. Where the law implies a warranty into these Terms which may not lawfully be excluded, Our liability for breach of such a warranty will be limited to, if applicable, either supplying the services again or payment of the cost of having the services supplied again.

10.5 You acknowledge that You have exercised Your independent judgment in acquiring the Services and have not relied on any representation that We have made which has not been stated expressly in these Terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material that We have produced.

11. Indemnity

11.1 You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Services You consume through the Website;
  2. any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so and any breach by You or Your agents of these Terms; and/or
  3. any breach of these Terms.

11.2 Without limiting clause 11.1, You indemnify Us and hold Us harmless from any loss, damage, cost, expense (including legal expenses), claim, proceeding or liability of any kind arising out of or in connection with:

  1. Your use (including any unauthorised use) of DVS-based features;
  2. any breach by You of the DVS-related obligations in clause 3;
  3. any breach by You or Your personnel of any applicable Privacy Laws in connection with DVS transactions; or
  4. any act or omission by You that causes Us to breach Our obligations under the Participation Agreement.

12. Termination of Contract

12.1 These Terms will continue to apply until terminated by either You or by Us as set out below.

12.2 If You want to terminate Your membership of the Website, You may do so by:

  1. notifying Us at any time; and
  2. closing Your accounts for all Services which You use, where We have made this option available to You.

Your notice should be sent, in writing, to Us via the ‘Contact Us’ link on Our homepage.

12.3 We may at any time terminate Your membership of the Website if:

  1. You have breached any provision of these Terms or intend to breach any provision;
  2. We are required to do so by law;
  3. the provision of the Services is no longer commercially viable in our opinion; or
  4. We are required to do so as a consequence of the Framework Administrator suspending or terminating Our access to the DVS.

12.4 Subject to applicable laws, We reserve the right to discontinue or cancel Your membership at any time and may suspend or deny, in Our sole discretion, Your access to all or any portion of the Website or the Services without notice if You breach any provision of these Terms or any applicable law, or if Your conduct impacts Our name or reputation or violates the rights of another party.

12.5 When these Terms come to an end, all legal rights, obligations and liabilities that You and We have benefited from, been subject to, or which have accrued over time whilst the Terms were in force, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply indefinitely.

13. Dispute Resolution

13.1 If a dispute arises out of or relates to these Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2 A party claiming a dispute (Dispute) has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3 On receipt of that notice by the other party, the parties must:

  1. within 14 days of the notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. if the Dispute has not been resolved within 14 days after the date of the notice, agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  3. equally share the fees and reasonable expenses of a mediator and the cost of the venue of the mediation, with each party paying their own costs associated with the mediation; and
  4. hold the mediation in NSW, Australia.

13.4 All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as ‘without prejudice’ negotiations for the purposes of applicable laws of evidence.

13.5 If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

14. Clauses for Benefit of Framework Administrator

14.1 Benefit

14.1.1 You agree that all disclaimers, exclusions, limitations of liability and indemnities that form part of those contractual arrangements between Us and You will be for the benefit of the Framework Administrator and directly enforceable by the Framework Administrator or by Us on behalf of the Framework Administrator.

15. General

15.1 Venue and Jurisdiction

15.1.1 The Website and the Services are intended to be provided to residents of Australia only. In the event of any dispute arising out of or in relation to the Website, You agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15.2 Governing Law

15.2.1 These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.

15.3 Independent Legal Advice

15.3.1 Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice, and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

15.4 Severance

15.4.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of these Terms shall remain in force.

15.5 Relationship of Parties

15.5.1 Nothing in these Terms creates a relationship of agency, partnership, joint venture or employment between the parties.

15.6 Entire Agreement

15.6.1 These Terms, together with Our Privacy Policy, constitute the entire agreement between You and Us with respect to Your use of the Website and the Services and supersede all prior agreements, representations and understandings.

IMPORTANT NOTICE: These Terms and Conditions have been prepared for informational purposes only and do not constitute legal advice. THELAWSTORE.COM.AU PTY LTD recommends that You obtain independent legal advice in relation to Your obligations under these Terms and any applicable laws, including the IVS Act and the Privacy Act 1988 (Cth).