By ordering a Strata Report, you automatically agree to our terms and conditions. Our service is provided with the following terms and conditions:
1. Payment Options for agents/vendors - refer to Frequent Questions
2. Additional Charges We cover Sydney suburbs that are within a 15 kilometer radius of Sydney CBD at no additional cost. Inspections that occur outside a 15 kilometer radius may incur a travel charge at $120 per hour. Travel time is calculated from the boundaries that are 15 kilometers from Sydney CBD. Should a travel charge apply, we will confirm via email prior to booking the strata inspection.
3. Report Disclaimer Our reports are provided exclusively for the use of the person to whom it is addressed to, or to the person who has ordered/paid for the report. No other person or corporation has any authority to make use of any or all of a report. We therefore reserve the right to decline comment in relation to any report that we have compiled that has not been ordered directly from us/that has not been directly purchased from us. We will not be held responsible for the information contained in any report that has not been directly purchased from us (Strata Gophers).
Our reports are compiled from information obtained during an inspection of the book and records of the Owners Corporation. All reasonable care has been exercised by us whilst compiling our Reports, however we make no warranty of representation as to the accuracy or extent of information that we are able to add to the finished report as we rely solely on the documentation (be it hardcopy or electronic) that is provided to us by the managing agent. We will not be responsible for any loss or damage due to any cause whatsoever, including negligence whether in connection with information supplied by the Managing Agent and/or Officers of the Owners Corporation or otherwise. Some strata offices have less than desirable methods/frequency of filing important files that contain matters relating to defects and or legal matters. We endeavour to request that all documents that are waiting to be filed are included in our booked inspection; however we have no control whether or not our request is met.
We endeavour to turn-around an order for a strata report the same or next business day from the day/time that we access the records. Legislation allows strata managing agents 3 days notice period to provide records for inspection. Most strata agents in the metropolitan area require a minimum of 1 day notice. Many strata agents can only accommodate one inspection at a time and often only give us an hour to inspect the files. A lot of strata offices restrict access to their printer but allow us to use a USB stick to save files. This means the report will not be ready till the next business day at the earliest.
Standard files are often missing at the strata office. When this happens, we send the relevant person an email to request the missing file/s, however we rarely get a response to our email in time to include the files in your report, but we'll make a note of this in your report and provide you with a link to a locked page on this web site, where we load any missing files, if of course we receive them at all.
4. LImitations and Turn-around We do not provide verbal reports because the limited time we have to inspect the records is focused on finding and scanning or printing the relevant documents. We review all pages while we are compiling the report and summarise decision-making information in our reports. A report purchased from us supersedes any other report, verbal or written, given in respect of the property.
We endeavour to include an extract of all large specialist reports that we find in the strata records - not the entire document, due to the time it takes to scan/printing cost, plus the issues a large file size poses. Scanning all incoming documents to a document management system (and discarding the hard copy) is common among Management companies. This adds varying degrees of difficulty to the inspection and increases the cost as the managing companies that have this system, charge for each page that is printed. In some cases, record keeping may be less than diligent. We often find documents are scanned to the wrong strata scheme. We therefore cannot guarantee that all documents in relation to soft-copy records were sighted or that the managing agent has in fact ensured that all documents have been saved correctly on their document management system.
Strata Managers are often not available for comment or to answer questions. Management companies represent the Owners Corporations via a managing agency agreement. For this reason, many companies adopt a policy that specifically prohibits managers from discussing records with non-owners. Whilst we endeavor to request information/files, our request is often denied. As a result, a further audit of specific concerns may be necessary. We cannot guarantee that what is provided at the time of the inspection is all that the agent has in their possession. In particular, legal documentation and notes taken by the manager may be deemed private documents and withheld.
For various reasons, Strata Managers and Building Managers keep files or work at their desk or other locations around the office. Sometimes, these files are not made available for the strata inspection or even overlooked by the staff member who is in charge of gathering all the records for an inspection. In some cases, documents pertaining to litigation are not provided for inspection. We note that all owners in a strata scheme are entitled to discuss and obtain all documents that relate to the matters of the Owners Corporation. It may be necessary to forward a request to the vendor to obtain further information from the (strata) Managing Agent on matters of interest or concern.
As we don’t inspect the actual building when carrying out a Strata Inspection, this report does not address those matters that are addressed in a Building and Pest Inspection. We recommend that you engage a specialist to inspect and provide a report prior to the purchase of any property. We are affiliated with local Building & Pest Inspectors and can refer on request.
5. Terminology The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Strata Gophers terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to Strata Gophers. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law. .
6. Privacy Statement We are committed to protecting your privacy. Only people who are authorised will be issued information for the purpose of carry out the prescribed service. We review our systems regularly to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
7. Confidentiality Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
8. General Disclaimer Exclusions and Limitations The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, we:
exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
We do not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
9. Payment Unless otherwise agreed to in writing, all invoices must be paid before Strata Gophers will dispatch/provide a service. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
10. Industry Discount Any industry discount that we offer/apply to an invoice is conditional to payment by the due date. We reserve the right to cancel the discount (or part there of) when the invoice is not paid within 7 days of the due date.
11. Consultation Our standard consultation fee is $120 per hour with a minimum of 1 hour, charged in 30 minute increments thereafter. Once we receive an order for consultation plus a levy notice (for owners) or a copy of the lease (for tenants), an invoice will be generated in PayPal. Payment is required prior to commencement of any written or verbal correspondence.
12. Cancellation We understand from time to time that people have changed their mind about getting a Strata Report, so we refund all payments less 15% processing fee, providing we receive a cancellation via our website the day BEFORE the scheduled Inspection. In some circumstances, we can extend the cancellation window if your order is submitted after 3pm, because your order may not be processed till the following business day, which means we may get your cancellation request before we've processed your order.If your cancellation request meets these conditions, your payment will be refunded (less 15% processing fee) within the next three business days, to the account you used when you submitted your order.Click here to go to our Cancellation request page or email email@example.com. All refund requests that don't meet these conditions will be declined.
13. Availability Unless otherwise stated, the services featured on this website are only available within Sydney Metropolitan area. We reserve the right to reject requests to carry out inspections as we see fit. By using this service you thereby indemnify Strata Gophers, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
14. Log Files We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
16. Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
17. Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Strata Gophers will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
18. Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to our services and the full content of this website.
19. Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
20. Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
21. General The laws of Australia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
22. Notification of Changes Strata Gophers reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.