Thank you for visiting our website. This website is owned and operated by PropScan360 (ACN: 676 039 697). By using this website you agree to these Terms and Conditions, including our Privacy Policy (Terms). In these Terms, 'us', 'we', and 'our' means PropScan360.

1. Our website

PropScan360 website offers access to a platform enabling potential purchasers, owners, or sellers of residential and commercial properties ('Client' or 'you') to pre-purchase contract reviews , and other due-diligence reports (Reports), as well as conveyancing and additional due-diligence services (Services), from third-party service providers (Third Party Service Providers). We reserve the right to restrict, suspend, or terminate access to, or amend, our website (or any part or feature thereof) at any time.

2. We do not provide Third Party Services

Any Reports or Services (referred to as Third Party Services) that you acquire through our website are purchased directly from the relevant Third Party Service Providers.

We do not provide these Third Party Services and are not involved in any contract between you and any Third Party Service Provider. Third Party Services are offered to you under the specific terms and conditions of the respective Third Party Service Provider.

PropScan360 expressly disclaims all liability arising from the provision of Third Party Services to you.

Any decisions made by you to purchase, sell, or invest in real property are made entirely at your own risk.

We may provide you with a username and password for accessing and ordering Third Party Services. It is your responsibility to keep your username and password secure and to be accountable for all actions taken under your account. To order Third Party Services, you must be at least 18 years of age and capable of entering into legally binding agreements.

3. Privacy and Collection Notice

We collect personal information about you in order to provide you with access to Third Party Services and for the purposes set out in our Privacy Policy. The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us provide you with access to the Third Party Services (including the Third Party Service Providers, suppliers, suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to Third Party Services.

If you order Third Party Services, we may disclose your personal information to the selling estate agent of the relevant property and, if you purchase the property, to other service providers such as professional tradesmen who may be able to assist you in remedying any issues with the property. These recipients may use your personal information to make contact with you, and to provide information about the products and services that they offer.

4. Privacy Policy

When you order Third Party Services or purchase a Third Party service/s, you will provide us with personal information including your name, email address and telephone number. You consent to us collecting, using, disclosing and holding your personal information, and to us sending you direct marketing communications, for the purposes and in the manner set out in our Privacy Policy, which is hereby incorporated into, and forms part of, these Terms.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us.

Full details of our Privacy Policy refer to our Privacy policy on our website.

5. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, subject to Your Consumer Rights (as defined below), we make no warranty regarding the information on this website. You should monitor any changes to the information contained on our website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We do not guarantee continuous, secured, or uninterrupted access to the PropScan360 website.

6. Ordering Third Party Services

The price for Third Party Services displayed on our website is an estimate only. The Service Provider’s final price will be specified when you place your order. You must review your order carefully before placing it. Once an order is placed, there are very limited circumstances to cancel or change it. Orders are only confirmed once payment is received in full. We may reject your order, including in circumstances where we believe there may be a credit card fraud.

After placing your order, you will receive an email confirmation from us containing PDF files relating to the Third Party Services you have ordered. We will attempt to send you PDF copies of any Reports you order within 48 hours of the Third Party Service Provider being given access to any building or information it requires to prepare the Report. You must not provide any Report provided to you by us or a Third Party Service Provider to any third party. If you do we may charge you the fees that we would have charged that third party to access the Report.

Our website and the Third Party Services are not optimised for use on smart phones. Please order Third Party Services using a desktop, laptop or tablet.

All intellectual property rights in the Report will be owned and dealt with according to the Third Party Service Provider‘s terms and conditions.

7. Cancellation Policy and charges

While it is generally the case that orders of Third Party Services cannot be cancelled or changed. Cancellation of a Third Party Service can lead to charges of full cost of a Report.

8. Linked websites

Our website may contain links to websites operated by third parties (Linked Websites). Those links are provided for convenience and may not be current. We do not endorse and are not responsible for the content on those Linked websites.

Your access to Linked Websites is entirely at your own risk, and PropScan360 makes no representations and gives no warranties about those Linked Websites.

PropScan360 is not responsible for the content or privacy practices of any Linked Websites and does not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.

PropScan360 does not make any representations or give any warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third-party intellectual property rights subsisting in any content or material posted on Linked Websites.

9. Cookies

The PropScan360 website uses ”cookies” as a fundamental interaction with your internet browser. A “cookie” is a small text file placed on a computer by the PropScan360 web server.

PropScan360 uses cookies on the website for various purposes, including where you access Linked Websites. Therefore, if you wish to make full use of the PropScan360 website, it is recommended that you accept cookies.

PropScan360 may use cookies to collect and use information for a range of purposes, including to maintain and improve the operation of the PropScan360 website, to track user preferences and product requirements and to improve advertising relevance.

10. Intellectual property rights and confidentiality

Unless otherwise indicated, we own or license all intellectual property rights related to this website and all materials available on it (Content). You may use the website and view the Content solely for the purpose of ordering Third Party Services in accordance with these Terms, and, where applicable, as expressly authorized by us and/or our Third Party Service Providers. Any other use, copying, or reproduction of this website, the Content, or any part thereof is prohibited, except to the extent permitted by law.

11. Unacceptable activity

When using our website, you must refrain from any actions that violate any applicable laws or our policies, which include, but are not limited to: (i) acts that constitute a breach of privacy or other legal rights of individuals; (ii) using the website to defame us, our employees, or other individuals; (iii) uploading files containing viruses that could damage our property or that of others; (iv) posting or transmitting any material that, in our opinion, is defamatory, racist, obscene, threatening, pornographic, or detrimental to the systems or network security of ours or any third party; and (v) copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works from, or otherwise tampering with our website or any content or software on it. Should you post any information on our website, we reserve the right to remove it at our sole discretion and without notice.

12. Your Consumer Rights and our liability

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other law that cannot be lawfully excluded, restricted, or modified (Your Consumer Rights). You can learn more about Your Consumer Rights from the ACCC or your State/Territory fair trading authorities. To the extent allowed by Your Consumer Rights, we do not offer any warranties or guarantees regarding: (i) the Third Party Service Providers, including their quality, expertise, reliability, or financial standing; (ii) the Third Party Service, including its accuracy, comprehensiveness, error-freeness, currency, or non-misleading nature; and (iii) our website, including its uninterrupted operation, error-free function, security, or freedom from viruses. If Your Consumer Rights necessitate our accountability for Loss in connection with a Third Party Service, then, within the bounds of Your Consumer Rights, our liability shall be limited to either procuring or covering the cost of resupplying the relevant Third Party Service. Subject to Your Consumer Rights, neither party will be liable to the other for (i) Consequential Loss or (ii) Loss resulting from their own actions. Nothing in these Terms limits any rights you may have against a Third Party Service Provider under any contract you have with them or according to Your Consumer Rights." This version maintains the essence of your original text while ensuring precision and ease of understanding

13. Liability limitation

To the extent allowed by Your Consumer Rights, our total aggregate liability for any loss you incur arising from or related to these Terms is limited to the fee PropScan360 received for the Third Party Services provided to you.

14. Client indemnity

You agree to indemnify PropScan360 from and against any Loss arising out of or connection your:

  • (a) breach of these Terms;

  • (b) use or misuse of the PropScan360 website;

  • (c) use of the Third Party Services; or

  • (d) decision to purchase, sell or invest in real property.

15. Costs

You are responsible for all costs and charges (including those from your internet service provider) related to accessing and using the PropScan360 website.

16. Variations

PropScan360 may modify these Terms at any time. When we do, we will post a notice of the changes on our website. You should regularly check our website to stay informed about any changes to these Terms. By continuing to use our services after receiving notice of such changes, you agree to be bound by the revised Terms.

17. Severance

If any part of these Terms is found to be illegal or unenforceable in any jurisdiction, the remaining provisions will continue in full force and effect without being prejudiced.

18. Jurisdiction and governing law

These Terms are governed by the laws of New South Wales, and you agree to submit to the non-exclusive jurisdiction of the courts located in New South Wales.