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Website Terms and Conditions of Use

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Your usage of this Website and any purchases made are subject to these Terms and Conditions of Use.

You should read these terms carefully so that you understand them. Use of the site indicates your understanding and acceptance of these Terms and Conditions of Use.

Before placing an order on this website you must agree to the Pre-Engagement Terms and Conditions here that specify the scope, limitations and exclusions of the inspections and reports available on this site.

1. Access

1.1. We make every effort to ensure all information displayed on this site is accurate however this website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to the site or the information and materials contained on the site.

1.2. We do not warrant the site will be constantly available or available at all and reserve the right to make changes to the site at any time.

1.3. You are provided with a user name and password when purchasing a service or product offered via this site. You must supply us with accurate information when registering to use the site and this information must be updated by you with any changes to ensure the site maintains correct information.

1.4. Unless we agree otherwise in writing, you are provided with access to this site only for your personal or internal business use. You must not use this site for any other purpose unless you have first obtained our written consent.

1.5. Access to this site may be terminated at any time without notice.

2. Agency

2.1. This site collates third party products and services, but does not itself provide those products, it acts only as an agent for those third party providers. It is important that you read the terms and conditions applicable to the products available through this site including the Pre-Engagement Terms and Conditions.

2.2. You should make yourself aware of any exclusions, or limitations of liability imposed by the third party providers. We have no responsibility for the products or services provided by these third party providers, nor do we make or give any warranty or representation regarding the standard of those Products or Services.

2.3. Information on the products or services offered is provided in various forms on the site including Blogs and Frequently Asked Questions. Any further question or query regarding a specific product or service may be directed to us using the details provided on the Contact page.

2.4. The company profile, information and sample reports regarding the specific products and services offered by each third party provider is provided by them. Whilst we request our providers to check and update this information as required, it may be possible that the information is inaccurate. If you have any specific questions contact us using the details provided on the Contact page.

2.5. To the maximum extent permitted by law, we exclude all liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise of the third party providers.

3. Security

3.1. You must immediately notify us if you become aware that your user name or password details have been compromised, become known by a third party, or there has been an unauthorised use of your account and login details. Upon notifying us, we will take all reasonable steps to deactivate your account and issue you with new login details. Alternatively, if you are concerned that your user name or password details have been compromised, you can also reset your password by selecting Forgot Your Password on the Login screen and forcing a password reset function.

3.2. For security reasons, the site may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the site. We are not responsible for any information that you may lose if this site terminates your browser session due to prolonged periods of inactivity.

3.3. We will take reasonable steps to secure the site and the systems within our control that are used to access the site. However, we do not guarantee the security of the site, the systems within our control or any information that passes through such systems, due to the unreliable nature of the internet or your inappropriate use of this site and/or systems in breach of these Terms and Conditions of Use.

3.4. This site utilises SSL (Secure Sockets Layer) technology with a security certificate employing 1024bit encryption. Credit card details are not stored on this site and are only used to establish a transaction to pay for the product or service purchase. They are not used for any other purpose and details are not supplied to any third party provider other than the transacting financial institution under secure transmission.

4. Intellectual Property

4.1. All information, text, material, graphics, software and advertisements on this site ("Content") are copyright, unless expressly indicated otherwise on the site. The Content is protected by Australian and international copyright and trade mark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the site or expressly authorised in writing by us.

4.2. All trademarks displayed on this site are trademarks of their respective owners. Nothing contained on this site should be construed as granting any license or right of use to any trademark displayed on the site without the express written permission of the relevant owner.

4.3. We grant you a personal non-exclusive license to use the software associated with this site for the duration of your visit and for the sole purpose of making Service and/or Product enquiries or purchases.

5. Consent

5.1. You hereby acknowledge that this site and its service providers may communicate with you for the limited purpose of:

5.1.1. your use of the site;

5.1.2. providing you with news and information about the site;

5.1.3. responding to any specific request you make of us;

5.1.4. administering and managing the site, as well as performing administrative and operational tasks;

5.1.5. providing you with the opportunity to ‘opt-in’ to receiving promotional material from time to time from this site or its services providers; and;

5.1.6. providing you with the opportunity to ‘opt-in’ and provide your consent to participate in enhancements to or new features of this site, through which this site may use property or other information that is posted to or uploaded by you for the purposes of enhancing the use of this site.

5.2. You hereby grant us and our service providers a worldwide, royalty free, irrevocable licence to use, store, adapt, sublicense, make derivative works of and otherwise commercialise any non-personal property data that relates to the attributes of or use of a property, or your use of this site, that may be posted or uploaded onto this site by you or users of this site for the limited purposes of:

5.2.1. generating usage records and reports based on our customers’ and their end users’ use of our services, in aggregated and/or statistical form;

5.2.2. conducting research about our products and services, the property market or product trends in aggregated and/or statistical form;

5.2.3. developing our products and services, in particular this site;

5.2.4. preventing or investigating any fraud or crime (or a suspected fraud or crime); and

5.2.5. auditing and monitoring the services we provide and our customers’ and their end users’ use of this site,

6. Links to other websites

6.1. This site may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website.

6.2. We provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us.

6.3. You click a link on this site that directs you to another website entirely at your own risk.

7. Information sent via this site

7.1. We are not responsible for:

7.1.1. The accuracy, veracity and completeness of material transmitted to us or this site; or

7.1.2. Errors in the manner of the input of material transmitted to us or this site.

8. Fees and Charges

8.1. A Booking consists of one or more of the following:

8.1.1. Existing reports may be available for your requested property and if so will be available for immediate download; or

8.1.2. Inspections to be undertaken on your requested property with a report prepared and then made available for download.

8.2. Each Booking incurs Fees and Charges as follows:

8.2.1. A Provider Fee for existing reports or inspections to be performed; and

8.2.2. A Booking Fee for each Booking irrespective of the number of Provider services included.

8.3. You must pay all Fees and Charges at the time of ordering.

8.4. All such fees and charges are non-refundable except as outlined under Cancellations and Credits.

8.5. To the extent permitted by law, no refund is available for cancellations either after an inspection has been undertaken or a report has been made available for download.

8.6. Any request for a refund should be directed to the third party provider using the contact details provided as part of the order confirmation.

8.7. We do not supply your billing or payment details to third parties with whom you have entered into a contract for the provision of a service and/or product via this site.

8.8. All monies paid by you will be our property and will be a debt due and payable to the relevant third party provider, once the product or service to which the money relates has been provided. You agree that such monies will not be held by us on trust on your behalf and we may hold such monies in any account we see fit.

9. Cancellations and Credits

9.1. Bookings for a scheduled inspection may be cancelled up to the Cancellation Cut-off time of 5pm (time zone of the property applies) on the day before the Scheduled Date of the inspection.

9.2. The Scheduled Date is the inspection date confirmed by the Provider or, if no Scheduled Date has been confirmed, the date requested by you on the original Booking.

9.3. Cancellations can only be submitted by using the Cancel functions provided on the website.

9.4. Bookings for existing reports cannot be cancelled.

9.5. Cancellations incur a Cancellation Fee ($75) with the balance held as a Cancellation Credit for future purchases through this website.

9.6. Booking Fees are neither cancellable nor refundable at any time.

9.7. Cancellations cannot be made after the Cancellation Cut-off time.

9.8. Cancellation Credits can be used for any future service except Booking Fees and with any Provider.

9.9. Cancellation Credits are valid for 12 months from the original Scheduled Date of inspection and expire after this time if not used. You may view details of your Cancellation Credits on the Credits page.

9.10. You may apply a Cancellation Credit to a new Booking at the checkout. Any amount owing after the credit is applied must be paid by you and any Credit left over after being applied to a Booking remains on your account.

9.11. Any Cancellation Credits are shown on your Dashboard under Credits.

10. Liability

10.1. To the maximum extent permitted by law we are not, under any circumstances, liable to you for any loss or damage suffered, whether directly or indirectly, as a result of your use of any service/facility available in this site.

11. No warranties

11.1. Except as specified in these Terms and Conditions of Use, we give no implied or express warranties in relation to the use of this site. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.

11.2. You acknowledge that services and products available through this site are provided by third parties and that we are not responsible for any such third party services or products.

12. Privacy

12.1. This site’s operations are bound and regulated by the Privacy Act 1988 (Cth), including the Information Privacy Principles set out in section 14 of that Act. For further information please see our Privacy Policy.

12.2. You agree to comply with the terms of the Privacy Act 1988 (Cth) and this site’s Privacy Policy at all times during your use of this site.

13. Complaints

13.1. To let us know of any issues you may have whether positive or negative, please advise us using the details on the Contact page.

13.2. Should you have any concerns with an inspection or report, then you should immediately contact the Provider using the details provided on the order confirmation sent to you.

13.3. If your concerns cannot be resolved, then Notice clearly outlining your claim must be emailed to us within ten (10) working days of your initial contact with the Provider in relation to your concern.

14. Miscellaneous

14.1. These Terms and Conditions of Use are governed by and construed in accordance with the laws of New South Wales, Australia.

14.2. If any provision of these Terms and Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions of Use which will continue in full force and effect.

14.3. All rights not expressly granted herein are reserved.

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