Terms and Conditions

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions: In these Terms and Conditions, unless the context otherwise requires:

1.1.1. “Inspector”, “we”, “us”, or “our” means Strata Intel, its employees, agents, and permitted subcontractors.

1.1.2. “Client”, “you”, or “your” means the individual, individuals, or legal corporate entity instructing the Inspector, or named as the recipient on the Report or Service Invoice.

1.1.3. “Report” means the written strata inspection report compiled and issued by the Inspector in relation to the Subject Property.

1.1.4. “Subject Property” means the specific strata scheme lot, building, or community title parcel identified in the Client's service booking request.

1.1.5. “The Act” means the Strata Schemes Management Act 2015 (NSW) and the Strata Schemes Management Regulation 2016 (NSW), as amended from time to time.

1.1.6. “Records” means the statutory books, records, minutes, financial statements, accounting ledgers, and indices maintained by or on behalf of the relevant Owners Corporation.

1.2. Interpretation: Headings are for convenience only and do not affect interpretation. Words implying the singular include the plural and vice versa. Reference to a statute includes all regulations and instruments made under it.

2. STATUTORY SCOPE OF SERVICES

2.1. Statutory Basis: The Inspector agrees to conduct a visual, non-destructive search of the available Records maintained by the Owners Corporation, its Strata Committee, or its Managing Agent, pursuant strictly to Section 182 of the Act.

2.2. Temporal Limitation: The Client acknowledges that the Report constitutes a historical summary of the specific Records made available to the Inspector at the precise date, time, and location (whether physical or via a digital inspection portal) of the inspection.

2.3. No Ongoing Duty: The Inspector owes no ongoing duty of care to the Client. The Inspector is under no obligation to update, alter, or supplement the Report regarding any records, minutes, correspondence, disputes, levies, or notices created, registered, or discovered after the formal completion of the inspection.

3. COMPREHENSIVE SCOPE LIMITATIONS AND EXCLUSIONS

3.1. No Independent Verification: The Inspector acts solely as a researcher of historical documents. The Inspector does not audit, cross-examine, or independently verify the accuracy, authenticity, or completeness of the Records supplied by third parties.

3.2. No Professional Opinions: The Report is a summary of documentation only. The Report does not constitute, and must not be used as a substitute for, independent legal advice, financial advice, accounting advice, architectural advice, structural engineering assessments, or formal property valuations.

3.3. No Physical Inspection: The Inspector does not conduct a physical, visual, structural, pest, mechanical, or plumbing inspection of the common property, building facade, individual lots, or utility infrastructure.

3.4. Exclusion of Undisclosed Matters: The Inspector accepts no liability for any physical defects, financial liabilities, safety hazards, cladding issues, systemic water ingress, ongoing disputes, or legal actions that were not properly documented, indexed, or filed within the Records presented to the Inspector at the time of the inspection.

3.5 Limitation of Liability for Records: Strata Intel acts solely as a researcher of the historical documents made available for inspection. We are not responsible or liable for any missing information, deletions, or omissions within the Records provided to us. The Client acknowledges that our Report is based exclusively on the specific Records presented by the third-party record holder at the time of the search.

3.6 Temporary Limitation: The Client acknowledges that the Report constitutes a historical summary of the specific Records made available to the Inspector at the precise date, time, and location (whether physical or via a digital inspection portal) of the inspection.

3.7 No Ongoing Duty: The Inspector owes no ongoing duty of care to the Client and is under no obligation to update, alter, or supplement the Report regarding any records, minutes, or disputes discovered after the formal completion of the inspection.

4. FEES, PAYMENT, AND REPORT RETENTION

4.1. Pricing: All fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless explicitly stated otherwise in writing.

4.2. Condition Precedent to Release: Payment of the Service Invoice in full via cleared funds is a condition precedent to the release of the Report. The Inspector reserves the absolute right to withhold transmission or access to the Report until payment is verified.

4.3. Debt Recovery and Interest: Invoices remaining unpaid after [7] days from the invoice date will accrue daily interest at a rate of ten percent (10%) per annum. The Client agrees to fully indemnify the Inspector for all costs incurred in recovering outstanding debts, including commercial collection agency fees and solicitor costs on a full indemnity basis.

5. CANCELLATIONS, ABORTED BOOKINGS, AND ACCESS RESTRICTIONS

5.1. Access Limitations: If an inspection cannot proceed because the Managing Agent or Owners Corporation fails to provide physical or digital access, provides an incorrect address, or fails to make the Records available, the Client remains liable for an administrative and travel fee.

5.2. Cancellation Policy: The Client must provide a minimum of twenty-four (24) hours notice for cancellations or booking rescheduling. Cancellations made inside this window will incur a cancellation fee equal to fifty percent (50%) of the total quoted service fee.

6. CLIENT DUE DILIGENCE AND THIRD-PARTY RELIANCE

6.1. Privity of Contract: The Report is prepared solely, exclusively, and confidentially for the named Client.

6.2. No Third-Party Distribution: The Client must not distribute, publish, upload to any property platform, on-sell, or disclose the Report to any third party (including real estate agents, vendors, or subsequent purchasers) without the express written consent of the Inspector.

6.3. Third-Party Indemnity: If the Client breaches Clause 6.2 and a third party relies upon the Report to their detriment, the Client agrees to fully indemnify and hold harmless the Inspector against all claims, damages, losses, and legal costs arising from that unauthorized reliance.

7. LIMITATION OF LIABILITY AND AUSTRALIAN CONSUMER LAW (ACL)

7.1. ACL Consumer Guarantees: The statutory guarantees implied by the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth) cannot be excluded. For major failures with the service, the Client is entitled to cancel the service contract and receive a refund.

7.2. Permitted Limitation: To the maximum extent permitted by law, where the Inspector's services fail to meet a consumer guarantee under the ACL, and that failure is not a major failure, the Inspector’s liability is strictly limited to (at the Inspector's sole option):

7.2.1. Supplying the inspection services again; or
7.2.2. Paying the cost of having the inspection services supplied again.

7.3. Liability Cap: For any claim not caught by the ACL (including but not limited to breach of contract, negligence, or breach of statutory duty), the maximum aggregate liability of the Inspector to the Client is strictly capped at the total fee paid by the Client for the Report.

7.4. Consequential Loss Exclusion: The Inspector will not be liable to the Client for any indirect, special, economic, or consequential loss, including but not limited to loss of profit, loss of opportunity, loss of property value, or the cost of rectifying physical building defects discovered after purchase.

7.5. Proportionate Liability: The liability of the Inspector will be reduced proportionally to the extent that any omission, misleading statement, or record-keeping failure by the Owners Corporation, Strata Committee, or Strata Managing Agent contributed to the loss.

7.6. Strict Time Bar: Any legal action or claim arising out of or in connection with the Report must be formally commenced within twelve (12) months from the date the inspection was conducted, failing which the claim is permanently barred.

8. INTELLECTUAL PROPERTY AND COPYRIGHT

8.1. Ownership: The Report, including its structural layout, text, formatting, and proprietary risk analysis, remains the sole intellectual property of the Inspector.

8.2. Limited License: The Client is granted a non-transferable, revocable license to use the Report for the sole purpose of evaluating their personal or corporate interest in the specific target property transaction.

9. PRIVACY

9.1. Statutory Compliance: The Inspector collects, stores, uses, and discloses personal information in strict compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal data is used exclusively to facilitate bookings, process payments, and deliver the Report.

10. SEVERABILITY

10.1. Severance: If any provision of these terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that specific clause will be severed, and the remaining provisions will continue in full force and effect.

11. GOVERNING LAW AND JURISDICTION

11.1. Choice of Law: These terms are governed by, construed, and enforced exclusively in accordance with the laws of New South Wales, Australia. Both parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

12. DEEMED ACCEPTANCE

12.1. Trigger Events: The Client is legally deemed to have read, understood, and unconditionally accepted these Terms and Conditions in full upon the occurrence of any of the following events:

12.1.1. Submitting a digital or written booking request form;
12.1.2. Directing the Inspector via email or phone to proceed with the search;
12.1.3. Remitting full or partial payment of the Service Invoice; or
12.1.4. Opening, downloading, or reading any portion of the completed electronic Report.

13. SITE CONTENT & ACCURARY

13.1. General Information Only: While we strive for excellence, Strata Intel is not liable if information provided on this website is inaccurate, incomplete, or outdated.

13.2. Reliance at Own Risk: Content on this site is for general reference only and should not be used as the sole basis for decisions without consulting primary, more accurate, or more timely sources. Any reliance on the material on this site is at your own risk.

13.3. Historical Information: This site may contain historical information which is not current and is provided for reference only.

13.4. Modifications: We reserve the right to modify site content at any time but have no obligation to update any information. It is your responsibility to monitor changes to our site.