Building Report Terms and Conditions

Terms and Conditions for Report products and services supplied by Roost

These are the Terms and Conditions of Sale of Report products and services supplied by Property UX Pty Ltd ABN 32 616 278 338 trading as Roost Technologies  (“Company”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of the Company and the Customer, these Terms and Conditions will apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer.

About our data

Roost.com.au aggregates apartment building sales, rental and automated valuation model data to help buyers, owners and owners corporations make better decisions. Roost.com.au property reports provides an overview of a specific apartment building based on data supplied by our partners and is subject to the warranties section

Disclaimers

This publication reproduces materials and content owned or licensed by JLL trading as JLL Asia Pacific and may include data, statistics, estimates, indices, photographs, maps, tools, calculators (including their outputs), commentary, reports and other information.

Standard Disclaimers

The Roost Data provided in this publication is of a general nature and should not be construed as specific advice or relied upon in lieu of appropriate professional advice. While Roost uses commercially reasonable efforts to ensure the Roost Data is current, Roost does not warrant the accuracy, currency or completeness of the Roost Data and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with the Roost Data.

Automated Valuation Model (AVM) data

An Estimated Value is generated (i) by a computer driven mathematical model in reliance on available data; (ii) without the physical inspection of the subject property; (iii) without taking into account any market conditions (including building, planning, or economic), and/or (iv) without identifying observable features or risks (including adverse environmental issues, state of repair, improvements, renovations, aesthetics, views or aspect) which may, together or separately, affect the value. An Estimated Value is current only at the date of publication or supply. Roost expressly excludes any warranties and representations that an Estimated Value is an accurate representation as to the market value of the subject property.

How to read the Estimated Value

The Confidence is based on a statistical calculation as to the probability of the Estimated Value being accurate compared to market value. An Estimated Value with a ‘High’ confidence is considered more reliable than an Estimated Value with a ‘Medium’ or ‘Low’ confidence. The Confidence is a reflection of the amount of data we have on the property and similar properties in the surrounding areas. Generally, the more data we have for the local real estate market and subject property, the higher the Confidence’ level will be. Confidence should be considered alongside the Estimated Value.

  1. General terms

    1. All orders placed with the Company are subject to these Terms and Conditions and the Company may, at any time and from time to time, vary or alter these Terms and Conditions. Any such variation to these Terms and Conditions will apply upon notification by the Company to the Customer.
    2. By accessing or using the Website, and making an Order for a Building Report, you warrant that you have read, understood and agree to be bound by these Terms and Conditions.
    3. Use of the Website is at your own risk. Information on the Website is of a general nature and it is not intended as advice. You should seek independent advice and make your own enquiries in relation to any information or reports obtained from the Website.
    4. The Company makes no warranty that the website contents and format will remain in their current state or condition, and the Company reserves the right to change any and all aspects of the website at any time and without notice.
    5. If a Customer cancels an Order at any time after the Company has received the Order, then the Company reserves the right to charge to the Customer the cost of the Report pursuant to the Order.
    6. Any representation, warranty, condition or undertaking that would be implied into these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Competition and Consumer Act 2010 or any other applicable Australian law that cannot be excluded, restricted or modified by agreement.
    7. A notice or other communication connected with these terms and conditions must be in writing.
    8. Where the Customer is made up of more than one person, the liability of those Customers under these Terms and Conditions will be joint and several.
    9. Definitions
      1. “Customer”, “you” and “your” means you as the customer making an Order.
      2. “Order” means an online request placed on the Website by a Customer for a Building Report.
      3. “Report” means the building report Ordered by the Customer in relation to an apartment building.
      4. “Website” means the website known as Roost.com.au, and all components and parts thereof and any alternative website from time to time.

  2. Pricing

    1. Prices, services and Reports are valid only at the time of viewing, after which time prices, services and Reports offered may vary at the absolute discretion of the Company.
    2. Unless otherwise stated, all prices quoted are GST inclusive.
    3. The Company may at any time change its price list.

  3. Orders

    1. Orders are completed based on a payment on the Website.  
    2. The Customer may not on-sell the Report.
    3. The Company reserves the right to accept or reject Orders placed by the Customer.  The relevant Report Provider will communicate any non-acceptance of an Order within a reasonable time after receipt of the Order by the Company. Where the Report Provider rejects an Order, any funds already paid by Customer will be refunded by Company

  4. Refund Policy

    1. Refunds will only be made in the event that AVM data for a specified Building is not currently available in our data set
    2. For the purposes of clarity, a refund will not be provided if the Customer provided incorrect property details to the Company 

  5. Dispute Resolution. 

    1. In the event of a dispute or a claim arising out of, or relating to the Report, these terms and conditions or any alleged negligent act, error or omission on the part of an Report Provider, either party may give written notice of the dispute or claim to the other party. 
    2. If the dispute is not resolved within fourteen (14) days from the service of the written notice then either party may refer the dispute or claim to an independent mediator agreed between the parties which, failing agreement between the parties, either party may request the president of the Victorian Law Society to appoint such Mediator. The cost shall be met equally by both parties or as agreed as part of the mediation settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to Arbitration and request the president of the Victorian Law Society to appoint an Arbitrator who will resolve the dispute by arbitration. 

  6. Property and Risk

    1. Customer may not sell or otherwise provide any Report to any person unless otherwise authorised or required to do so by law. For the avoidance of doubt, nothing in these Terms and Conditions prevent the Report Provider or the Company selling the Report to any person.
    2. To the fullest extent permitted by law, the Company will not be liable to the Customer or any third party for liquidated damages in any form, any delay costs, consequential loss including (without limitation) any loss of profits, loss of revenue, loss of production, loss of business opportunity, loss of goodwill, loss of business reputation, economic loss or any indirect, remote and/or unforeseeable loss. The aggregate liability of the Company in damages (however arising) in respect of any act or omission of the Company’s in connection with its obligations under these Terms and Conditions will not exceed the price paid for the Report, even if the Company has been advised by the Customer as to the possibility of such loss being incurred.
    3. The Customer acknowledges and agrees that the Company shall not be liable for any loss or damage arising from any contract or dealing between any Customer and any Report Provider or advertiser in any way connected to the Website.
    4. In no circumstances will the Company be responsible or liable for the content of any Report or any content on the Website uploaded by anyone other than the Company.

  7. Consumer Law

    1. We are required to provide certain guarantees under the Australian Consumer Law. For the purposes of these guarantees the Reports are “Goods”:
      1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The term “major failure” has a defined meaning under the Australian Consumer Law.
      2. No additional express warranty for defects or otherwise are provided by us. Consumers may rely upon their statutory rights and remedies under the Australian Consumer Law.
      3. The Company can be contacted in relation to claims as follows:
        1. Email Address: [email protected]
        2. Mailing address: Level 1, 38 Cambridge Street, Collingwood, 3066
      4. Any cost incurred by you in contacting us or delivering the product to us will be borne by you.

  8. Circumstances beyond our control

    1. The Company will not be liable for any failure or delay in supply where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including, but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storms or tempest, vandalism or riot, civil commotions or accidents of any kind, or the actions or delays of the Report Provider (each an “Event of Force Majeure”). The Company’s obligations will be suspended until the Event of Force Majeure ceases to cause the failure or delay (as the case may be). The Customer will not be relieved of any obligation to make payment to the Company regardless of any party being affected by an Event of Force Majeure.

  9. Website

    1. The Customer may use the Website to purchase Roost Building Reports.  The Customer must not use the Website for any unlawful purpose or infringe in any manner, rights of the Company or any third party advertisers
    2. The Company retains all rights title and interest in the Website and all intellectual property contained therein, including but not limited to trademarks, logos, designs and layouts. The Customer may not change, copy, reproduce, republish, upload, post, transmit or distribute the content from this site in any way except if expressly authorised in writing by the Company.

  10. Governing Law & Jurisdiction

    1. The Customer agrees that these Terms and Conditions will be construed according to the Laws of the State of Victoria. The Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of Victoria applying the Laws of Victoria.