Terms and Conditions

Terms & Conditions

This agreement is governed by the laws in force in New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. Streamline Strata Searches may legally assign any of our rights and obligations under this agreement at any time by giving you notice. Your use of this website and on-line facilities such as enquires or requests is subject to the following terms and conditions. Your use of the website or any of its content signifies your acceptance of these terms and conditions:

PRIVACY:

Streamline Strata Searches has created this statement in order to demonstrate our commitment to privacy.

As the user of this website and any service, you agree and consent that Streamline Strata Searches may use your contact information (i.e. your name, e-mail and physical / postal address and/or other contact details) for commercial purposes.

The Streamline Strata Searches database is private and confidential. The database (including personal details) is for the sole use of Streamline Strata Searches. Personal customer data and information gathered for the creation of the database will not be passed to any third party by Streamline Strata Searches without the express written permission of the customer, unless it is necessary to pass on this information in order to provide a service that you have asked us to provide (see section: General Provisions).

This site may contain links to other sites. Streamline Strata Searches is not responsible for the privacy practices or the content of such websites.

TERMS AND CONDITIONS:

  1. Fees, Charges or Services:

Inquiries made through the website constitute a request, and the correctness of this request in regards to abiding by the rules and regulations of Streamline Strata Searches is the responsibility of you.

  1. Currency

All prices and payments will be in Australian Dollars (AUD). These prices are inclusive of Australian Goods and Services Taxes (GST).

  1. Credit Card Transactions:

Credit card payments are protected with the high levels of security and protection for your data. Streamline Strata Searches accepts no responsibility for any breaches of security or misrepresentation in relation to credit card transactions.

  1. General Concerns and Complaints

If you have any queries, concerns or complaints you must notify Streamline Strata Searches directly and in a timely manner. In regards to complaints and concerns you must undertake not to pursue Streamline Strata Searches through any regulator or the media until and unless Streamline Strata Searches has had a reasonable opportunity to respond to the communication and/or Streamline Strata Searches is still in dialogue with you about the matter.

  1. Cancellation Fees, Charges and/or Refunds:

Certain charges and/or fees may be payable in respect of transactions entered into using the service. These transactions may include cancellation fees and charges imposed, or any applicable Streamline Strata Searches refund policy enforced. Before entering into a transaction, the onus is on you to check carefully whether any cancellation fee or charges applies, and/or you are bound by any Streamline Strata Searches refund policy. Streamline Strata Searches reserves the right to alter, change, delete or amend their cancellation fees, charges and/or their refund policy without notice.

Payment must be received by Streamline Strata Searches prior to services being carried out.

In some cases extra charges, in addition to the standard quoted charges for services, may apply. These charges will be advised and acceptance sought prior to the completion of the service.

  1. The report

Reports provided through Streamline Strata Searches must be read as subject to the Australian Standard AS4349. A copy of these standards can be provided upon request.

TERMS AND CONDITIONS ABOUT THE STREAMLINE STRATA SEARCHES WEBSITE

This facility is the Streamline Strata Searches website and you have the ability to enter into transactions directly with Streamline Strata Searches. You acknowledge that third parties provide some of the material accessible through the facility, and Streamline Strata Searches is not responsible for this material.

GENERAL PROVISIONS:

  1. Ownership, Copyright and Trade Marks:

All title, ownership rights and intellectual property rights, including copyright, rest with Streamline Strata Searches, and any unauthorised use is strictly prohibited.

  1. Accuracy of Information and Limitation of Liability:

Streamline Strata Searches does not endorse or recommend any particular third party represented on this website. Streamline Strata Searches have made all reasonable efforts to ensure that the content of this website, including all information and listings is correct, but it is subject to amendment without notice. As a user, you acknowledge and accept that: Streamline Strata Searches cannot verify the accuracy, completeness or suitability for any particular purpose of any information or content that is provided by third parties. That information or content may include errors, omissions or other inaccuracies. Streamline Strata Searches will not be responsible for any errors, omissions or misleading information. You agree to make your own evaluation of the suitability, accuracy and completeness of any information, opinion, advice or other content that is available on or through the website before you rely upon it.

You are solely responsible for the suitability of any third party service. In particular, Streamline Strata Searches are not liable for any loss, damage, inconvenience or liability that is caused or incurred as a result of your use of any such services whether alone, or in association with other services. To the maximum extent permitted by law, Streamline Strata Searches disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties where that failure is due to circumstances beyond its control.

  1. Warranties:

Streamline Strata Searches disclaims any warranties, assurances or promises, express or implied, regarding this website and any service or facilities that it provides.

  1. Use of the ‘Online’ Facility:

Streamline Strata Searches accordingly accepts no responsibility or liability for any misunderstanding, error, loss, damage, or inconvenience caused in respect of any enquiry and/or request made through the online facility. You agree that you will carefully check, and correct any mistakes in, any enquiry and/or request that you make through the online facility. You will accept the responsibility of ensuring your request has been correctly received by Streamline Strata Searches.

  1. Indemnity:

As a condition of your use of this website you agree to indemnify Streamline Strata Searches from and against any liability, damage or loss that Streamline Strata Searches incurs or suffers as a result of any action, inaction or omission on your part.

  1. Your Responsibility:

By making a request through the website, you warrant to Streamline Strata Searches that you are at least eighteen years old. You must read the specific terms and conditions and convey all information set out in those terms and conditions to Streamline Strata Searches and any other parties covered by any request you make.

You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information accessed by means of the website without the express permission of Streamline Strata Searches.

 

COMPLAINTS PROCEDURE

  1. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, You must notify us as soon as possible of the dispute or claim by email, fax or mail. You must allow us (which includes persons nominated by us) to visit the property (which visit must occur within twenty eight (28) days of your notification to us) and give us full access in order that we may fully investigate the complaint. You will be provided with a written response to your dispute or claim within twenty eight (28) days of the date of the inspection.

If You are not satisfied with our response You must within twenty one (21) days of Your receipt of Our written response refer the matter to a Mediator nominated by Us from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.

Should the dispute or claim not be resolved by mediation then the dispute or claim will proceed to arbitration. The Institute of Arbitrators and Mediators of Australia will appoint an Arbitrator who will hear and resolve the dispute. The arbitration, subject to any directions of Arbitrator, will proceed in the following manner:

  • The parties must submit all written submissions and evidence to the Arbitrator within twenty one (21) days of the appointment of the Arbitrator; and
  • The arbitration will be held within twenty one (21) days of the Arbitrator receiving the written submissions.

The Arbitrator will make a decision determining the dispute or claim within twenty one (21) of the final day of the arbitration. The Arbitrator may, as part of his determination, determine what costs, if any, each of the parties are to pay and the time by which the parties must be paid any settlement or costs.

The decision of the Arbitrator is final and binding on both parties. Should the Arbitrator order either party to pay any settlement amount or costs to the other party but not specify a time for payment then such payment shall be made within twenty one (21) days of the order.

In the event You do not comply with the above Complaints Procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having your litigation set aside or adjourned to permit the foregoing Complaints Procedure to complete.

THIRD PARTIES

  1. Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this report. Any third party acting or relying on this Report, in whole or in part, does so entirely at their own risk.

Note: In the ACT under the Civil Law (Sale of Residential Property) Act 2003 and Regulations the report resulting from this inspection may be passed to the purchaser as part of the sale process providing it is carried out not more than three months prior to listing and is not more than six months old.

  1. Prohibition on the Provision or Sale of the Report

The Report may not be sold or provided to any other Person without Our express written permission, unless the Client is authorised to do so by Legislation. If We give our permission it may be subject to conditions such as payment of a further fee by the other Person and agreement from the other Person to comply with this clause.

However, We may sell the Report to any other Person although there is no obligation for Us to do so.

  1. Release

You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a Person without Our express written permission.

  1. Indemnity

You indemnify Us in respect of any and all liability, including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of any nature, which may be incurred by, brought, made or recovered against Us arising directly or indirectly from the unauthorised provision or sale of the Report by You to a Person without Our express written permission.

DEFINITIONS:

You should read and understand the following definitions of words used in this Agreement and the Report. This will help You understand what is involved in a strata records inspection, the difficulties faced by the inspector and the contents of the Report which We will provide You following the Inspection.

Client means the person(s) or other legal entity for which the inspection is to be carried out. If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf. (See also “You/Your” below)

Defect means a variation or fault in material or a component or assembled element that deviates from its intended appearance or function.

Limitation means any factor that prevents full achievement of the purpose of the inspection.

Major defect means a defect of such significance that without correction would not avoid Safety Concerns, loss of the intended practical performance of the building element or an additional decline in the existing condition of the property inspected.

Minor defect means a defect which is not a Major Defect.

Person means any individual, company, partnership or association who is not a Client.

Report means the document and any attachments issued to You by Us following Our inspection of the property.

Our/Us/We means the company, partnership or individual that You have requested to carry out the property inspection and report.

You/Your means the party identified on the face page of this agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.

You agree that in signing this agreement You have read and understand the contents of this agreement and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection on delivery of the report.

If You fail to sign and return a copy of this agreement to Us and do not cancel the requested inspection then You agree that You have read and understand the contents of this agreement and that We will carry out the inspection on the basis of this agreement and that We can rely on this agreement.

Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.

 

UNDERSTANDING

 

  1. If there is anything in this agreement that You do not understand then, prior to the commencement of the inspection, You must contact Us by phone or in person and have Us explain and clarify the matter to Your satisfaction. Your failure to contact Us means that You have read this agreement and do fully understand the contents.
  2. You agree that in signing this agreement You have read and understand the contents of this agreement and ‘that the inspection will be carried out in accordance with this document. You agree to pay for the inspection on delivery of the report.
  3. If You fail to sign and to return a copy of this agreement to Us and do not cancel the requested inspection then You agree that You have read and understand the contents of this agreement and that we will carry out the inspection on the basis of this agreement and that we can rely on this agreement.
  4. Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.

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