Terms & Conditions

Terms & conditions

This website is operated by Rapid Solutions Pty Ltd, ABN 49 055 149 203 ("Rapid Solutions"). Your access to or use of this website constitutes your agreement to be bound by these terms and conditions. Rapid Solutions may vary these terms and conditions at any time, acting reasonably, by posting amended terms on this website. The amended terms will automatically apply from the date of posting. If you decline to accept these Terms and Conditions, you must exit this website immediately.

You acknowledge that you are bound by these terms and conditions each time you or any other person accesses or uses this website on your behalf, regardless of the means by which the website is accessed, and whether such access is authorised or not.

Online Member Login Service

You may, where expressly permitted by Rapid Solutions, create and access an account for this website ("your Account"). You are responsible and liable for the use of this website by anyone who uses it in connection with your Account including using your username and password.

Use of the Website

You must comply with all laws in connection with your use of this website.

You must not do any of the following:

  • data mine or conduct automated searches on this website;
  • transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this website;
  • use this website or any information made available through this website to send unsolicitored emails or other messages without Rapid Solutions' consent;
  • use any automatic device or manual process to monitor or copy any part of this website;
  • incorporate any of the content on this website with any other material, including advertising or promotional material;
  • create http links from this website to any other website on the internet, or frame or mirror this website; or
  • tamper with or make unauthorised modifications to this website or the content of this website.

You may set up your company profile and list property inspectors as a preferred provider. You grant us an irrevocable licence to use any content or input you post, upload or submit to the website including, without limitation, the right to copy, distribute, transmit publicly, display, publicly perform, reproduce, edit, translate and reformat such content or input and publish your name in connection with that content or input.

You must not be listed as a property inspector on this website unless you hold Professional Indemnity insurance in the amount of at least $500,000.

Fees and Charges

You must pay Rapid Solutions the fees and charges for using the report writing system as described in Rapid Solution's website.

Use of Communication Services

This website may contain bulletin board services, chat areas, news groups, forums, feedback areas and or other facilities designed to enable you to communicate with other users of the website (the "Communication Services"). You agree to use the Communication Service only for its permitted purpose and in accordance with all laws. By way of example and not as limitation, you agree that when using a Communication Service, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • publish, post, upload, distribute or inseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • advertise or offer to sell or buy any goods for any business purpose unless this is the intended purpose of the Communication Service;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • restrict or inhibit any other user from using and enjoying the Communication Services.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted and remove any materials in our sole discretion. We reserve the right to terminate your access to the Communication Services at any time without notice for any reason whatsoever.

Disclaimers

Information made available via this website

Information made available via this website is submitted by a range of different parties. For example, booking agents may set up their company profile and list preferred providers. In addition, the website is made available for advertisements by property inspectors. You should note that we do not control, endorse, check or approve all information made available via this website. Additionally, information made available via this website is not necessarily the most recent or up to date information. For various reasons, delays may occur before this website is updated. Accordingly, we warn you that information made available via this website may be illegal, false, inaccurate, misleading, harmful or offensive and you accept this risk.

Endorsements of preferred providers

As stated above booking agents may set up their company profile and list preferred providers. We do not control, endorse, check or approve any preferred provider listings and you should rely on your own enquiries as to which property inspector to use.

Propertyinspections.com.au

This website merely provides a database of property inspectors and a mechanism for making bookings with those property inspectors. The property inspectors are not our employees, contractors or agents and we are not responsible for the quality of their work. You acknowledge that you book a property inspector through the website at your own risk.

Links to other websites

We are not responsible for the content of any linked site. We provide links to third party websites merely as a convenience to you and the inclusion of such link does not imply any endorsement of such linked site by us.

System related losses and access issues

We warn you that access to this website may be interfered with or affected by numerous factors, many of which are outside of our control (including, without limitation, malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Accordingly, we do not warrant that the website or your access to it will be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this website.

No Warranty and Exclusion of Implied Warranties

Subject to the following clause, you use this website and purchase Products and Services via the website at your own risk. To the extent permitted by law, this website is provided to you on an "as is" and "as available" basis and we do not make any warranties whatsoever (express or implied) concerning the operation of this website or the Products and Services made available via the website.

To the extent permitted by law, we exclude all express or implied warranties, guarantees and conditions under statute or general law in connection with the this website and its Products and Services. However, in some instances these warranties and guarantees cannot be excluded. Where such express or implied warranties, guarantees and conditions cannot be excluded our liability for breach is limited to the following remedies (the choice of which is to be at our sole discretion):

(a) in the case of goods one or more of the following;

(i) the replacement of the goods or the supply of equivalent goods

(ii) the repair of the goods;

(iii) the payment of the cost of having the goods repaired.

(b) in the case of services one or more of the following:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

NB: This clause does not affect any rights you may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not lawfully be excluded or modified under this contract.

Insurance Guarantee

Notwithstanding anything inconsistent in these terms and conditions, we guarantee that all bookings with property inspectors made through this website will be with property inspectors who hold Professional Indemnity insurance of at least an amount of $500,000.00.

Release

To the full extent permitted under the law, you unconditionally release Rapid Solutions, its directors, employers and agents from all liabilities, actions, demands, loss, damage (including any consequential, indirect or economic loss or damage), costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of this website, the Products and Services and your Account including without limitation caused as a result of the negligence, breach or unlawful act of a property inspector booked via our websites.

Indemnity

To the full extent permitted under the law, you are liable for and indemnify Rapid Solutions, its directors, employees and agents from all liabilities, actions, demands, loss, damage (including any consequential, indirect or economic loss or damage), costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by Rapid Solutions, our directors, employees and agents directly or indirectly in connection with:

  • your Account;
  • your use of this website;
  • your use of the Products or Services;
  • your breach of these terms and conditions.

You are responsible for the acts and omissions of your employees, contractors and agents as if they were your own acts and omissions.

Exclusion of Consequential Loss

Rapid Solutions will not be liable to you for any special, indirect, consequential or economic loss or damage of any nature.

Withdrawal or Suspension of Service

Our website, or your access to the website and its Products and Services, may be withdrawn or suspended for any reason without notice, including (without limitation) the following:

  • if there is an interruption to, or fault in, any applicable computer or telecommunications system or service;
  • if you breach any of these terms and conditions;
  • if you use a service in a manner inconsistent with its intended purpose;
  • if a service, website computer or telecommunications system is subjected to any virus, unauthorised access, denial of service or similar event; for maintenance or security purposes; or if Rapid Solutions no longer wishes to provide a service or maintain this website.

Intellectual Property

© Rapid Solutions - All rights reserved.

Rapid Solutions owns or is a licensee of all copyright and other intellectual property in this website and its content (including, without limitation all information, text, graphic, software, advertisements and trade marks ("the Content"). You must not modify, copy, reproduce, republish, frame or create derivative works, upload to a third party, post, transmit or distribute the Content in any way except for your own personal, non-commercial use or information, or unless expressly authorised by Rapid Solutions.

All trade marks appearing on this website are the property of their respective owners.

Applicable Law

This website is provided for use by Australian residents only. Your use of this website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia (including the Federal Court of Australia, N.S.W. Registry).This website may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Rapid Solutions make no representations that the content of this website complies with the laws, including intellectual property laws, of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the website or where anything you publish or upload can be accessed.

Defined Terms

In these terms and conditions "Products and Services" means the products and services made available via the website including, without limitation:

  • booking facilities for booking property inspectors; and
  • report writing facilities, precedents and templates.