Version 1.5, effective 8 October 2026. Provided by KPR Perth Pty Ltd (ACN 626 527 928, ABN 84 626 527 928) trading as Key Performance Real Estate, of 338 Beaufort Street, Perth WA 6000.

1. About these terms

1. 1.1These terms of use (Terms) govern your access to and use of KPR Document Preparation (the Service), provided by KPR Perth Pty Ltd (ACN 626 527 928, ABN 84 626 527 928) trading as Key Performance Real Estate, of 338 Beaufort Street, Perth WA 6000 (KPR, we, us or our).
2. 1.2In these Terms, you means the person who signs in to the Service and, where that person signs in for or on behalf of a real estate agency or other business, that agency or business as well. The person signing in warrants that they are authorised to bind it.
3. 1.3By signing in, accepting these Terms on your details page, paying for a Pack or building a Pack, you agree to these Terms. If you do not agree, do not use the Service.
4. 1.4You may use the Service as a real estate agency or agent, or as a seller preparing a Pack for a property you own (a private seller). Where you are a private seller, references in these Terms to your agency are references to you, and nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

2. The Service

1. 2.1The Service is a software tool that assembles documents you upload into a strata information pack or a property information pack (a Pack), reads certain figures from those documents, and lists documents that appear to be missing.
2. 2.2The Service reads documents automatically. Its readings, figures, contents pages, summaries and lists of missing documents may be incomplete or wrong. The Service only knows what it is given.
3. 2.3KPR does not review, verify or approve any document, figure or Pack. KPR is not your agent, is not the agent of any seller, buyer or strata company for whom you use the Service, and does not give legal, financial, taxation, valuation, conveyancing or property advice through the Service.
4. 2.4KPR may change, improve, suspend or withdraw any feature of the Service at any time. KPR will give paying customers reasonable notice of any change that materially reduces the Service they have paid for.

3. Who may use the Service

1. 3.1The Service is for licensed real estate agencies and their representatives, private sellers of their own property, and others KPR approves. You must give true, complete and current details when you sign up and on your details page, and keep them up to date.
2. 3.2You sign in with a one-time code sent to your email address. Your sign-in is personal to you. You must not share it, let anyone else use it, or use another person's sign-in. You are responsible for everything done under your sign-in.
3. 3.3Tell KPR immediately at james@kprperth.com.au if you believe your email account or sign-in has been used without your authority.

4. Fees and payment

1. 4.1The fee is A$149, including GST, for each Pack (one property), paid by card before the Pack is built. Each real estate agency may build one Pack free of charge, under an account that uses the agency's own email address, however many accounts the agency has. Private sellers, and accounts using a private or other email address, pay for every Pack. KPR decides whether an address qualifies and which accounts belong to the same agency.
2. 4.2A paid Pack may be built again, and downloaded, as often as needed for 60 days after it is first built, at no further charge. After 60 days, building it again is a new Pack.
3. 4.3Each payment is issued with its own tax invoice that names the property. Where you charge the fee to your seller, you are responsible for doing so in accordance with your agency agreement and the law that applies to you.
4. 4.4No card surcharge is charged. Each Pack may contain up to 200 pages of uploaded documents. Free access, where KPR has given it, allows up to three new Packs a day and may be changed or ended by KPR at any time.
5. 4.5Payments are processed by Stripe, a third-party payment processor, under its own terms. KPR does not receive or store your full card details. You authorise KPR, through Stripe, to charge your card for each Pack you choose to pay for.
6. 4.6Fees are not refundable once a Pack has been built, except where a refund is required by law or KPR agrees otherwise in writing. Monthly plans and Pack credits bought before 7 October 2026 continue on the terms that applied when they were bought until used or ended.
7. 4.7KPR may change its fees by giving you at least 30 days' notice by email. A change does not affect a Pack already paid for.

5. Your obligations

1. 5.1You are solely responsible for each Pack you build and for every use you make of it, including giving it to a seller, buyer, settlement agent or anyone else.
2. 5.2Before you give a Pack to anyone, you must check every page, figure and statement in it against the source documents and correct or remove anything that is wrong, incomplete or out of date.
3. 5.3You must comply with all laws that apply to you, including the Real Estate and Business Agents Act 1978 (WA) and its regulations and code of conduct, the Strata Titles Act 1985 (WA) (including the disclosure required by section 156), the Australian Consumer Law, the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).
4. 5.4You must not use the Service, or any Pack, in a way that is misleading or deceptive or likely to mislead or deceive, and you must not represent that KPR prepared, checked, verified or endorses any Pack.
5. 5.5You must not remove or alter the statement on each Pack that it was prepared by your agency (or, for a private seller, by you) from documents supplied by your agency or you, using a tool provided by KPR that has not checked them.

6. Documents you upload

1. 6.1You warrant that you own, or have every licence, consent and authority needed (including from the seller and, where relevant, the strata company) to upload, copy and use each document you upload, and to permit KPR to deal with it as these Terms allow.
2. 6.2You must not upload anything unlawful, anything that infringes another person's rights, malicious code, or documents unrelated to the property for which the Pack is built.
3. 6.3You grant KPR a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to store, copy, read, adapt and use the documents you upload, and the information in them, to provide and improve the Service and in KPR's business, including to prepare information about the same strata or survey-strata scheme. Every document you upload (other than a contract or an agency agreement) is kept in KPR's own document library, filed under the property's address, including for properties KPR holds no other documents for.
4. 6.4KPR keeps your documents so that your agency does not pay for the same document twice. When a strata plan you upload lists a registered document (such as a notification of change of by-laws or a management statement) that was uploaded for an earlier Pack under your account, or under another account using your agency's email domain, the Service tells you and lets you add that copy to the new Pack instead of ordering it again from Landgate. Documents uploaded by other agencies are never shown or offered to you. Before reusing a copy, you must be satisfied that the terms on which it was supplied to your agency permit that reuse.
5. 6.5KPR will not publish a Pack you build, or tell anyone which properties you have built Packs for, except with your consent, to its service providers for the purposes of these Terms, or as required by law.
6. 6.6Personal information in uploaded documents and about you is handled under KPR's Privacy Policy at kprperth.com.au/privacy-policy. You must give any notice and obtain any consent the Privacy Act 1988 (Cth) requires for you to upload it.

7. Automated reading and service providers

1. 7.1Pages without a text layer (for example scanned pages) may be sent to a service provider engaged by KPR so they can be read. That provider may store and process them outside Australia, including in the United States. By uploading documents you consent to that disclosure, and you acknowledge that KPR will not be accountable under Australian Privacy Principle 8.1 for the provider's handling of the information, to the extent the law allows that consent.
2. 7.2KPR uses other service providers to host the Service, send email and process payments. They may process information outside Australia.

8. Your Packs and branding

1. 8.1Each Pack shows your agency's name and agent details. The logo and colours you supply appear on every Pack, and your photo and about paragraph appear on the cover if you choose to show them. You warrant that you are entitled to use any logo, name, mark or photo you supply, and that any person shown in a photo has agreed to its use, and you grant KPR a licence to reproduce them on your Packs and in your account.
2. 8.2Once its fee is paid (or it is your agency's free Pack), your agency owns each Pack you build, together with the disclosure statement and disclosure details produced with it. You may keep, use, change, add pages to, copy, distribute and reuse them as you wish. Documents inside a Pack, such as Landgate plans and strata company records, remain subject to their own owners' rights and terms.
3. 8.3KPR does not place its name, logo or marks on the Packs, disclosure statements or file names produced for your agency.

9. KPR's intellectual property and security

1. 9.1KPR and its licensors own all intellectual property rights in the Service, including its software, methods, templates and layouts, other than the documents you upload, your own name and marks, and the Packs your agency owns under the clause headed Your Packs and branding.
2. 9.2You must not, and must not allow anyone else to: copy, modify, reverse engineer, decompile or disassemble the Service or any part of it, or attempt to obtain its source code, prompts, rules or methods; access the Service by automated means, including scripts, bots, scrapers or AI agents; use the Service or any output from it to develop, train, test or improve a product or service that competes with the Service, or any artificial intelligence or machine learning model; resell, sublicense or provide the Service to any other person; interfere with, overload or attempt to bypass any limit or security measure of the Service; or use the Service for an unlawful purpose.

10. Confidentiality

1. 10.1Each party must keep confidential, and use only for the purposes of these Terms, any non-public information of the other that it receives in connection with the Service, except information that is publicly available (other than through a breach of these Terms) or that it is required by law to disclose. This clause does not limit the licence in the clause headed Documents you upload.

11. Australian Consumer Law

1. 11.1Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or liability that cannot lawfully be excluded, restricted or modified, including any consumer guarantee under the Australian Consumer Law (Non-excludable Rights).
2. 11.2Where the Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, KPR's liability for a failure to comply with a Non-excludable Right is limited, at KPR's option, to supplying the Service again or paying the cost of having the Service supplied again.

12. Disclaimer and limitation of liability

1. 12.1Subject to the clause headed Australian Consumer Law, the Service and every Pack are provided as is and as available. KPR gives no warranty, express or implied, that the Service will be uninterrupted or error-free, or that any reading, figure, Pack or list of missing documents is accurate, complete, current or fit for any purpose.
2. 12.2Subject to the clause headed Australian Consumer Law and to the extent permitted by law, KPR is not liable to you or anyone else for any loss of profit, revenue, commission, business, opportunity, data or goodwill, any claim by a seller, buyer or other third party, or any indirect or consequential loss, however arising, including from negligence.
3. 12.3Subject to the clause headed Australian Consumer Law and to the extent permitted by law, KPR's total liability to you arising out of or in connection with the Service or these Terms, however arising, including from negligence, is limited to the fees you paid KPR in the three months before the event giving rise to the liability, or A$100 where no fees were paid.

13. Indemnity

1. 13.1You indemnify KPR, its officers, employees and contractors against any loss, liability, cost (including reasonable legal costs) or claim arising from: your breach of these Terms; any document, logo or information you upload or supply; any Pack you build, or its use or distribution by you or anyone you give it to; or any claim that your use of the Service breached a law or infringed a person's rights. Your liability under this indemnity is reduced to the extent KPR caused or contributed to the loss.

14. Suspension and ending

1. 14.1KPR may suspend or end your access to the Service immediately by notice if you breach these Terms, if a payment fails, if KPR reasonably suspects fraud, misuse or a security risk, or if required by law.
2. 14.2Either party may end your use of the Service for convenience: you by cancelling and ceasing to use it, and KPR by giving you 30 days' notice. If KPR ends it for convenience, KPR will refund any unused pay-per-pack credits and the unused part of a monthly period.
3. 14.3When your access ends, you may no longer build or download Packs through the Service. Clauses intended to survive, including those headed Documents you upload, KPR's intellectual property and security, Confidentiality, Australian Consumer Law, Disclaimer and limitation of liability, and Indemnity, continue to apply.

15. General

1. 15.1KPR may change these Terms by publishing the updated Terms on this page and, for paying customers, emailing a notice at least 30 days before a material change takes effect. Continuing to use the Service after a change takes effect is acceptance of it.
2. 15.2Notices to you may be given by email to the address you sign in with. Notices to KPR must be emailed to james@kprperth.com.au.
3. 15.3These Terms, together with any plan details shown on the billing page, are the entire agreement between you and KPR about the Service.
4. 15.4If any provision of these Terms is invalid or unenforceable, it is read down or severed to the extent necessary, and the rest of these Terms continues in effect.
5. 15.5A failure or delay by KPR to exercise a right is not a waiver of it. You may not assign or transfer your rights under these Terms without KPR's written consent.
6. 15.6These Terms are governed by the law of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and the courts that may hear appeals from them.