Skip to content

Terms of Service

These are the terms of your agreement with us. They're written in plain English, but they're a binding contract. This page is general information about our terms, not legal advice. Privaproof provides tools and general information and is not a law practice.

Last updated: 6 July 2026 · The current version always lives at privaproof.com.au/terms.

1. Who we are, and what these terms cover

"Privaproof", "we", "us" means Privaproof Pty Ltd (ACN 699 856 794, ABN 57 699 856 794). These terms govern your use of privaproof.com.au, the free self-audit, and the Privaproof Kit (our library of privacy-compliance document templates and related tools). By creating an account, subscribing, or using the site, you agree to these terms. By subscribing, you confirm you are at least 18, you represent an Australian real-estate business, and you have authority to enter these terms on behalf of that business.

2. What Privaproof is, and what it isn't

Privaproof provides document templates, tools and general information to help Australian real-estate businesses work on their privacy compliance. We are not a law practice and we do not provide legal advice. Our templates are starting points that you tailor to your own business using the guidance we provide. You are responsible for how you use them, and for obtaining your own professional advice where your circumstances need it. We do not guarantee that using Privaproof will make you compliant or produce any particular outcome. Using Privaproof does not create a solicitor-client relationship, and we do not provide legal services. Where we describe a template as "lawyer-reviewed", we mean that version of the template was reviewed by an Australian-qualified lawyer before we made it available, not that a lawyer has checked it against the law as it currently stands, and not that a lawyer is advising you or acting for you. It also does not mean the template is complete, suitable or compliant for your particular circumstances without you modifying it. In plain terms: we do the drafting and have each template reviewed before we release it, and we update the templates as the law changes, but whether your agency ends up compliant also depends on how you complete and use them, which is why we can't promise that outcome.

3. Your membership

4. Fees, billing, renewal and price

5. Cancellation, suspension and your consumer rights

6. Intellectual property and your licence

7. Acceptable use and account security

You are responsible for keeping your account email secure and for activity under your account. Tell us promptly if you think your account has been compromised. You must not: misuse the site or attempt to breach its security; use bots, scrapers or automated means to access or bulk-download content; circumvent, disable or interfere with the login gate or any access or licence controls; remove, alter or obscure the licence markings on the documents; reverse-engineer the service; or use Privaproof to break the law.

8. Changes to the templates and to these terms

Changes to the templates. We add and update templates from time to time as the law and best practice change. When we make a material update, we'll let active members know through the members area or by email.

Changes to these terms. We may update these terms from time to time, but only for a legitimate reason, for example, a change in the law or regulatory requirements, security, or a change to the third-party providers we rely on. If a change is minor or is to your benefit, it takes effect when we post it. If a change materially and adversely affects you, we'll give you at least 30 days' advance notice, and you may cancel before it takes effect and receive a pro-rata refund of the fees you've paid for the remaining part of your period.

9. Disclaimers and limitation of liability

Please read this clause together with clause 2 (what Privaproof is) and clause 5 (your consumer rights). It's written in plain English, but it limits what you can claim from us, so it matters. Nothing in it takes away rights you have under the Australian Consumer Law that can't be taken away.

9.1 The site and members area are provided "as is". We provide the website and members area on an "as is" and "as available" basis. We work hard to keep them running, but we don't promise they'll always be uninterrupted, timely, secure or error-free, and we may carry out maintenance, or change, add or withdraw features, from time to time. This paragraph doesn't reduce any consumer guarantee you have under the ACL (see clause 9.3).

9.2 We give you tools and information, not legal advice. As explained in clause 2, the site and the templates (including the plain-English guidance built into them) are general information and starting-point tools, not legal advice, and they don't take account of your particular circumstances. We're not a law practice, we don't provide legal services, and using Privaproof doesn't create a solicitor-client relationship. You're responsible for reviewing and tailoring the templates to your business, and for getting your own professional advice where your situation needs it. We don't promise that using Privaproof will make you compliant or produce any particular outcome.

9.3 Your consumer guarantees come first. Our supplies come with guarantees that can't be excluded under the Australian Consumer Law (ACL), for example, that services are supplied with due care and skill, and that goods are of acceptable quality, fit for any purpose we describe, and match their description. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law where doing so would make a term void or unlawful. Where the law doesn't allow a particular right or remedy to be limited, the limits in this clause 9 don't apply to it, and this clause 9 is read subject to those rights.

9.4 Why we can limit some remedies: your supply is for business use. Privaproof is licensed to you per real-estate agency office, for use in your business. The templates, the "stay-current" subscription and access to the site are not of a kind ordinarily acquired for personal, domestic or household use or consumption, having regard to their nature, their price, and the fact they are supplied on a per-agency business licence. Because of that, section 64A of the ACL lets us limit the remedies for failing to meet certain consumer guarantees, in the way set out in clause 9.5. Your supply is a mix of goods (the editable template files) and services (the subscription and access to the site and members area), so we set the limit out for both.

9.5 Our limit if a consumer guarantee isn't met (section 64A). To the extent section 64A of the ACL allows, our liability for failing to comply with a consumer guarantee is limited, at our option, to:

This limit doesn't apply to any guarantee the ACL doesn't let us limit in this way (see clause 9.3).

9.6 Our limit for other claims. For any other liability arising out of or in connection with these terms, the templates, the subscription or your use of the site, whether the claim is in contract, in negligence or other tort, under statute or otherwise, and to the fullest extent the law allows, (a) we're not liable for loss that wasn't reasonably foreseeable, or for lost profits, lost revenue or business interruption; and (b) our total combined liability to you for all such claims is limited to the greater of (i) the fees you paid us in the 12 months before the claim arose, or (ii) A$1,000. These limits don't apply to the matters in clauses 9.3 and 9.8.

9.7 Loss you cause. To the extent the law allows, we're not liable for loss to the extent it's caused by your own act or omission, for example, how you edit, complete, rely on or deploy a template, or your failure to get professional advice where your circumstances need it.

9.8 What we never limit. Nothing in this clause 9 limits or excludes our liability for our own fraud or fraudulent misrepresentation, for wilful misconduct, for death or personal injury caused by our negligence, or for anything else the law doesn't allow us to limit or exclude. This clause caps our liability; it doesn't shift responsibility for our own deliberate or reckless wrongdoing onto you.

10. Your indemnity

You agree to compensate us for reasonable loss, cost or liability we suffer to the extent it is caused by your breach of these terms, your misuse or redistribution of the templates, or your unlawful use of Privaproof. This does not apply to the extent the loss is caused by our own negligence, breach or wrongdoing, and nothing in it requires you to cover anything the law doesn't allow us to be indemnified for.

11. Privacy and third-party services

We handle your personal information in line with our Privacy Policy. We rely on third-party providers (including Cloudflare, Ghost, Stripe and EmailOctopus) to run our service; their handling of data is described in our Privacy Policy and sub-processor information.

12. General

13. Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State. This doesn't stop you from bringing a matter in the courts or tribunals of the State or Territory where your agency is located, or from contacting your local consumer-protection agency. If you have a concern, please contact us first. We'll try to sort it out quickly.

14. Contact us

Privaproof Pty Ltd (ABN 57 699 856 794) · hello@privaproof.com.au


General information about our terms, not legal advice. Privaproof is not a law practice.