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STRATA CHOICE ONLINE SEARCH PORTAL USE TERMS

Terms Govern Use of Portal

Strata Choice Pty Limited (“Provider”, “Us” and “We”) has established an online portal (“Portal”) to facilitate inspections of digital records of client strata owners corporations (“Information”) pursuant to Section 183 of the Strata Schemes Management Act 2015 (“SSMA”).

You (“Applicant” and “You”) agree that, in consideration of Us allowing You to use the Portal, you agree to be bound by these terms (“Terms”).

We may amend these Terms at any time by posting the amended Terms to the Portal, which will take effect on posting. You agree that You will be bound by the Terms in force from time to time.

These terms and conditions are to be read and construed according to the laws of the State of New South Wales and you agree to submit to the jurisdiction of that State.

Privacy

We will collect, maintain, use and disclose any personal information relating to You obtained by Us in the course of your application to use and use of the Portal in accordance with our privacy policy, which may be viewed here - https://www.stratachoice.com.au/privacy-statement/

Use of Portal

To use the Portal and access the Information available through the Portal, you need to use a password and other login information which we may provide (“Login Information”).

You must:

  1. use your Logon Information only on the date and during the hours approved by Us.
  2. not disclose your Login Information to any other person or otherwise allow any other person to use your Login Information.
  3. not take any action which may damage or impede normal operation of the Portal and/or Information.
  4. not use the Portal or Information or any unlawful purpose or purpose contrary to these Terms.
  5. not use the Information to contact lot owners or their officers, employees, representatives or related entities.
  6. take appropriate precautions when using the Portal and Information, including use of antivirus software and a suitable backup regime and use the Portal and Information at your own risk.
  7. make appropriate enquiries and obtain appropriate advice before relying on the Information.
  8. cease using the Portal and Logon Information if We so direct.

Warranties and Representations Negated

Use of the Portal and the Information is provided “as is” and the Portal may be hosted or supported by third party suppliers and some or all of the Information may be compiled and/or supplied by third parties. Accordingly, we do not warrant or represent that:

  1. The Portal and/or Information will achieve any particular level of performance or be suitable for any particular purpose.
  2. Access to the Portal will be uninterrupted or secure.
  3. The Information is complete, accurate or up to date.
  4. We do not support or endorse any advice or opinions expressed in the Information.

Intellectual Property

Ownership of copyright materials, trademarks and other intellectual property rights in the Portal and/or Information may vest in Us, our clients and/or third parties and no assignment of or licence to use any such rights will be inferred from Us allowing You to use the Portal and/or access the Information.

You must not, without written consent, do or permit any other party to do any of the following:

  1. Publish, distribute, reproduce or create derivative works from any part of the Portal or Information.
  2. Exploit commercially any of the Information.
  3. Infringe any of our or any third party’s copyright or other intellectual property rights.

Other than by way of a strata inspection report for the lot owner or proposed lot purchaser who commissioned the inspection and report.

Liability & Indemnity

To the extent permitted by law, You release Us and our officers, employees, agents, contractors and related entities from any liability which we may have or but for this clause have had to You arising from Your use of the Portal and/or Information, except to the extent that such liability involves:

  1. fraud.
  2. death or personal injury caused by a person's negligence.

You release Us and our officers, employees, agents, contractors and related entities from any liability We may have for any indirect, consequential, punitive or special damages, or loss of profit incurred by You.

If We have liability arising under the Competition and Consumer Act 2010 or other legislation, to the extent permissible by law, our liability is limited to supplying the relevant service again or paying the cost of having the relevant service supplied again.

You indemnify Us and our officers, employees, agents, contractors and related entities against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against Us arising out of a failure by You to comply with these Terms.