OC Report Terms & 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.

  1. General

    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 Strata 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. “Report Provider” means the inspection company or individual who will provide the Report purchased by the Customer.
      3. “Order” means an online request placed on the Website by a Customer for a Report.
      4. “Report” means the report Ordered by the Customer in relation to a property or Strata Plan.
      5. “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 exclusive.
    3. The Company may at any time change its price list.
    4. The Customer agrees that additional costs may be incurred and payable by the Customer if incorrect property details are provided by the customer when ordering the report, or in exceptional circumstances, where additional costs are incurred by the Report Provider in preparing the report.
    5. The Customer acknowledges and agrees that the Company retains a portion of the price of each Report, which may vary from time to time.
    6. If the Order placed by a Customer is for a non-standard Report, then the Report Provider may notify the Customer that the Price will vary from that stated on the Website. If this occurs, the Customer will not be obliged to continue with the Report and any funds already paid will be refunded providing that:
      1. The Customer notifies the Company they are not proceeding with the Report within two business days of notification of price variation.
    7. Volume Discounts
      1. The Report Provider may choose to give a discount to the Customer for ordering more than one report in a 12 month period (‘Volume discount’).
      2. Any Volume Discount is at the Report Provider’s sole discretion.

  3. Orders

    1. Orders are completed based on an invoice supplied to the Customer via email.  
    2. The Customer is not able to on-sell the Report.
    3. The Customer may purchase a Report on behalf of another; however, if an order is made on behalf of another:
      1. The Customer agrees that they remain fully responsible for payment;
      2. The Customer must provide the details of the person who the Report is being purchased for, to meet insurance requirements;
      3. The Customer acknowledges and agrees that the Order is made as between the Company, the Customer and the Report Provider and the Company will not bear any liability to any third party who relies on the report.
    4. 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. 
      1. Where the Report Provider rejects an Order, any funds already paid by Customer will be refunded by Company
    5. The Company will cause the Report to be ordered for the property from the relevant Report Provider and at the price shown in the price list current when the Customer places the Order with the Company.

  4. Delivery & Inspection

    1. The Customer is responsible for ensuring that the Report Provider has adequate access to the Property or Strata Plan or required documentation to prepare the Report.
    2. Any date or time quoted by the Company or the Report Provider is an estimate only and the Company will endeavour to meet that estimate, but failure to do so will not confer on the Customer any right of cancellation on the Customer’s part or render the Company liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
    3. The Company’s obligation to deliver will be discharged upon the Report being loaded to the Website by the Report Provider and the Customer being sent an email to the Customer’s email address, as nominated in the Customer’s account, notifying the Customer that the Report is available for access.

  5. Terms of Payment

    1. Payment must be made by cleared funds to the Company prior to the Company requesting the Report from the Report Provider. 
    2. If the Customer fails to make payment in accordance with the terms of clause 7.1, or if a pre-authorisation cannot be obtained, the Company will be entitled to not request the Report from the Report Provider or to provide the Report to the Customer.

  6. Set-Off

    1. If an amount is payable by the Customer to the Company under these terms and conditions, the Company is entitled to set-off that amount against any amount payable by the Company to the Customer.
    2. If any part of an invoice is in dispute the balance will remain payable.  The Customer will have no right to set-off any claim against the Company from moneys owing to the Company.

  7. Refund Policy

    1. Refunds will only be made in the event that:
      1. The Report Provider rejects to Customer’s Order;
      2. The Report Provider identifies that an Order is a non-standard Order, and an adjusted price is communication to the Customer, and the Customer decides not to proceed with the non-standard Order;
      3. The Report is not provided due to unreasonable delay, as a result of the delay of the Report Provider, and the Customer has cancelled their order on that basis;
      4. If the Report is not for the correct Property, as requested by the Customer; or
      5. A Report is provided which has a date of inspection more than 30 days before the date of Order by the Customer.
    2. For the purposes of clarity, a refund will not be provided if the Customer provided incorrect property details to the Company, or if the Customer failed to ensure that access to the property or Strata Plan would be available for the Report Provider, or if the Customer fails to provide required documentation.

  8. Rebate policy

    1. If the Customer does not complete a purchase of the property within 60 days of the Report purchase the Customer is eligible for a rebate as defined in the Report pricing quote
    2. The Customer may request the rebate anytime by contacting Roost  

  9. 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. 

  10. Termination

    1. If the Customer:
      1. fails to comply with any of these Terms and Conditions; or
      2. being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purpose of reorganisation or reconstruction), or enters into any composition or arrangement with creditors, or if a receiver, manager, receiver manager or administrator is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a Liquidator or Provisional Liquidator is appointed,
      3. the Company may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries without in any way being liable to the Customer or any person claiming through the Customer and suspend or terminate the Customer’s access to the website.

  11. Inspection Companies and Orders

    1. Unless otherwise stated, the Report Providers whose services or Reports are sold via the Website are independent contractors and are not agents of the Company.
    2. If you place an Order with a Report Provider on the Website, you enter into a contract directly with the Report Provider and the Company is not a party to that contract or arrangement.
    3. When placing an order, the Customer acknowledges and agrees that they have read the terms and conditions of the Report Provider who will provide the Report, and any relevant Australian Standards which may apply.
    4. The contract entered into between you and the Report Provider will be in accordance with the Report Provider’s terms and conditions.  If there are any inconsistencies or contradictions between the Inspection Companies terms and conditions and these Terms and Conditions, these Terms and Conditions will prevail.
    5. The Report Providers have warranted to the Company that they and their employees and contractors have the required skill, expertise, insurance and licences to provide the Reports; however, the Company does not provide nor make any representation or warranty to the Customer as to the skill, expertise, insurance licensing or competence of any Report Provider nor does the Company provide any warranty or guarantee as to the adequacy, accuracy, or contents of any Report or information provided by any Report Provider to a Customer.  The Customer acknowledges that it must make and rely on its own enquiries in this regard.
    6. The Company expressly disclaims any liability for any loss and damage of any nature arising from the provision of any Report by any Report Provider.

  12. 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.

  13. 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.

  14. 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.

  15. Website

    1. The Customer may use the Website to request quotes and orders for obtaining Strata and Building Inspection 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.

  16. 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.