These AI Contract Review Terms govern your use of the AI contract review feature available in the Domium platform (the “AI Review”). By ticking the acceptance checkbox in the Domium platform, uploading a contract for AI Review, or making payment for an AI Review, you agree to these terms.

In these terms, “Domium”, “we” and “us” means Domium Pty Ltd (ABN 36 627 819 247) and Domium Settlements (ABN 61 676 040 636), collectively referred to as “Domium”; “you” means the customer using the AI Review; and “AI Output” means any summary, commentary, flag, extracted information, answer or other content generated by the AI Review.

What the AI Review Is

The AI Review is an automated tool. It uses artificial intelligence technology, including large language models that may be supplied by third-party providers, to read the contract of sale and related documents you upload and to generate a summary and general commentary about them.

The AI Output is generated automatically. It is not reviewed, checked or approved by a lawyer, conveyancer or any other person before it is provided to you, unless you separately request a solicitor review as described in clause “Solicitor Review Is Separate”.

Not Legal Advice and No Retainer

The AI Review provides general information only. It is not legal advice, conveyancing advice or any other professional advice, and it must not be treated as a substitute for that advice.

Using the AI Review does not create a solicitor-client relationship, a retainer or any other professional engagement between you and Domium, Domium Legal or any lawyer or conveyancer.

The AI Review does not take into account your personal circumstances, objectives, finances, the state or territory rules that may apply to your transaction, or any information outside the documents you upload, except to the limited extent that information is contained in those documents.

AI Can Make Mistakes

You acknowledge and understand that artificial intelligence technology has inherent limitations and that the AI Output may contain errors.

In particular, the AI Output may:

• be inaccurate, incomplete, out of date or misleading
• misread, misinterpret or overlook clauses, special conditions, annexures, handwritten amendments, schedules or attachments
• omit important risks, obligations, rights or deadlines
• state information that does not appear in your documents, or that is not true, while appearing confident and accurate
• calculate dates, amounts or periods incorrectly
• apply the law of the wrong state or territory, or not reflect current law
• fail to read documents that are scanned, low quality, incomplete, password-protected or in an unusual format
• produce different results if the same documents are reviewed more than once

The fact that the AI Output does not identify an issue does not mean that the issue does not exist. The tone, detail or apparent confidence of the AI Output is not an indication of its accuracy.

Scope of the AI Review

Depending on the documents provided, the AI Output may include a summary of, or general comments on:

• the parties, property and purchase price
• the deposit provisions
• the settlement date or settlement period
• cooling-off rights
• finance conditions
• building and pest conditions
• special conditions
• inclusions and exclusions
• matters that may warrant further enquiry or professional advice

Any list of issues, risks or suggested questions in the AI Output is indicative only and is not a complete list of every matter relevant to your transaction.

Excluded Matters

You are responsible for how you use the AI Output. You agree that you will:

• read the full contract of sale and all related documents yourself
• check any information in the AI Output against the original documents before relying on it
• not rely on the AI Output as the sole basis for any decision
• obtain independent legal advice before you sign or exchange a contract, bid at auction, pay a deposit, waive or shorten a cooling-off period, remove or satisfy a condition, or otherwise commit to a transaction
• upload a complete, accurate and final copy of the contract of sale and any related documents you want reviewed

Domium is not responsible for any AI Output affected by incomplete, incorrect, outdated, illegible or missing documents or information.

Dates, Deadlines and Amounts

Any date, deadline, time period, amount or calculation shown in the AI Output is indicative only and may be wrong.

You are solely responsible for identifying and meeting every deadline and obligation under your contract, including cooling-off, finance approval, building and pest, deposit and settlement dates. You must confirm each of these directly from the contract or with your legal representative.

The AI Output Is for You Only

The AI Output is provided only to the customer who uploads the documents through the Domium platform, for that customer’s own personal use.

Co-purchasers, guarantors, related parties, companies, trustees, SMSFs, agents, lenders, brokers and other third parties may not rely on the AI Output. If you share the AI Output with any other person, you do so at your own risk.

Solicitor Review Is Separate

If you would like a lawyer to review your contract, you may request a standard contract review by Domium Legal under Domium Legal’s separate Contract Review Terms. A separate fee may apply.

A solicitor review is a separate engagement. Domium Legal is not bound by, and does not adopt or verify, the AI Output. Domium Legal will conduct its own review of the documents and may reach different conclusions from the AI Output.

Neither the AI Review nor any solicitor review means that Domium Legal is acting for you on the full conveyancing transaction. That only occurs if you separately accept Domium Legal’s full Conveyancing Agreement and Costs Agreement.

Complimentary and Paid AI Reviews

Domium may provide the AI Review free of charge or for a fee. Any applicable fee will be displayed to you in the Domium platform before payment and may change from time to time.

Where a fee applies, payment must be made through the Domium platform before the AI Review is generated. Once the AI Review has been generated, the fee is not refundable, except to the extent required by law.

Your Documents, Privacy and Data

You confirm that you are entitled to upload the documents you submit, and that doing so does not breach any confidentiality obligation or the rights of any other person.

Your documents may contain personal information about you and other people, such as vendors, agents and co-purchasers. By using the AI Review, you agree that Domium may collect, use, store and disclose that information, and the AI Output, in order to provide the AI Review, to maintain records, to respond to enquiries or disputes, and for the other purposes described in the Domium Privacy Policy.

To provide the AI Review, your documents may be processed by Domium’s third-party technology providers, including artificial intelligence and cloud service providers, some of which may store or process information outside Australia. Domium takes reasonable steps to require those providers to protect your information and to use it only for the purpose of providing their services to Domium.

Personal information is handled in accordance with the Privacy Act 1988 (Cth) and the Domium Privacy Policy.

Acceptable Use

You must not:

• use the AI Review to provide advice or services to any other person
• upload documents you are not authorised to share, or any file containing malicious code
• attempt to interfere with, reverse engineer, overload or circumvent any limits or safeguards of the AI Review
• represent the AI Output as legal advice or as having been prepared or approved by a lawyer

Domium may suspend or refuse access to the AI Review if it reasonably believes you have breached this clause.

Australian Consumer Law

Nothing in these AI Contract Review Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other legislation that cannot lawfully be excluded, restricted or modified.

Where the law allows Domium’s liability for a failure to comply with a consumer guarantee to be limited, Domium’s liability is limited, at Domium’s option, to supplying the AI Review again or paying the cost of having the AI Review supplied again.

Limitation of Liability

Subject to clause “Australian Consumer Law“ and to the maximum extent permitted by law:

• the AI Review is provided on an “as is” and “as available” basis, and Domium gives no warranty that the AI Output will be accurate, complete, current, error-free or suitable for your purposes
• Domium and Domium Legal are not liable for any loss, damage, cost or expense arising from or in connection with your use of, or reliance on, the AI Output, including any decision to sign, exchange, bid, pay a deposit, waive a right, remove a condition, proceed with or withdraw from a transaction, and any missed deadline, lost deposit or lost opportunity
• Domium and Domium Legal are not liable for any indirect, consequential or special loss, or any loss of profit, revenue or opportunity
• Domium’s total liability to you in connection with the AI Review is limited to the amount you paid for that AI Review

Nothing in this clause limits any liability which cannot be limited by law, including liability for fraud.

Changes to the AI Review and These Terms

Domium may change, update, suspend or discontinue the AI Review at any time. The underlying technology may change over time, which may change the content or format of the AI Output.

Domium may update these AI Contract Review Terms from time to time. The version you accept at the time of each AI Review applies to that AI Review.

Acceptance

You must accept these AI Contract Review Terms by ticking the acceptance checkbox in the Domium platform before an AI Review can be generated.

By ticking the checkbox, you confirm that:

• you have read, understood and agree to these AI Contract Review Terms
• you understand that the AI Review is generated by artificial intelligence, is not reviewed by a lawyer, and may contain mistakes or omissions
• you understand that the AI Review is general information only, is not legal advice, and does not make Domium, Domium Legal or any lawyer your legal representative
• you will check the AI Output against your documents and obtain independent legal advice before committing to any transaction
• you are solely responsible for identifying and meeting all dates and deadlines under your contract
• where a paid AI Review applies, you agree to pay the applicable fee displayed in the Domium platform

An AI Review cannot be generated unless you have accepted these terms. The generation of an AI Review for your contract is therefore evidence that you accepted these AI Contract Review Terms before the AI Review was generated.

Domium may retain records relating to the AI Review, including the relevant contract, AI Output, user account, matter or reference number, and the version of these terms in effect at the time.