100% ATO Compliant Residential & Commercial SMSF Property Valuation Reports

Terms and Conditions

TERMS AND CONDITIONS OF SALE

1. WHO WE ARE AND HOW TO CONTACT US

www.superfundpropertyvaluations.com.au is a website (Site) operated by William Spark, t/- Superfund Property Valuations (ABN 26 442 638 692) of Unit 10 25-41 Redwood Drive, Dingley Village 3172, Victoria (we, us and our).

To contact us, please email info@superfundpropertyvaluations.com.au.

2. OUR CONTRACT WITH YOU

2.1 These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.

2.2 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. PLACING AN ORDER AND ITS ACCEPTANCE

3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.

3.2 Please check your order carefully before confirming it. You are responsible for ensuring that the details specified in your order, including the relevant property details and your contact details are complete and accurate.

3.3 After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.

3.4 Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.

3.5 If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.

4. CANCELLING YOUR ORDER AND OBTAINING A REFUND

4.1 If you wish to cancel the Contract, please contact as soon as practicable by email. If we have yet to commence performance of the Services we will accept your cancellation. You cannot cancel the Contract once we have commenced performance of the Services.

4.2 If you cancel the Contract, we will refund you for the price you paid for the Services, by the method you used for payment. We may deduct from any refund an amount any fees we have incurred in relation to the processing of your payment or your refund.

5. OUR SERVICES

5.1 Our services comprise the preparation of a valuation report for the property specified in your order (our Report). Our Reports are based on the market value of similar properties and/or the estimated rental return of similar properties. Our Reports are not sworn valuations and we are not accredited as a certified practising valuer. Our Reports comprise an appraisal suitable for use in reporting on the value of real property assets held in a superannuation fund for routine Australian Taxation Office compliance purposes only (Relevant Purpose). Our Services and the Reports we produce are not intended to be used for any purpose other than the Relevant Purpose and you acknowledge that you require and will rely on our Services solely for the Relevant Purpose.

5.2 Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them.

5.3 We warrant to you that the Services will be provided using reasonable care and skill.

5.4 We will use reasonable endeavours to meet any delivery dates specified in the Order Confirmation or indicted on our website, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

6. YOUR OBLIGATIONS

6.1 It is your responsibility to ensure that:

(a) the terms of your order are complete and accurate;

(b) you cooperate with us in all matters relating to the Services; and

(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.

6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1(Your Default):

(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 14(Termination);

(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and

(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

7. SERVICES IN AUSTRALIA ONLY

We will only perform the Services with respect to property located within Australia.

8. CHARGES

8.1 In consideration of us providing the Services, you must pay our charges (Charges) in accordance with this clause 8.

8.2 The Charges are the prices quoted on our site at the time you submit your order.

8.3 Unless stated otherwise, our Charges are inclusive of any applicable goods and services tax (GST). Where GST is payable in respect of some or all of the Services, you must pay the GST component at the same time as you pay the Charges.

9. PAYMENT

9.1 Payment for the Services is in advance. We will take your payment upon acceptance of your order.

9.2 You can pay for the Services using a debit card or credit card, provided that, where we incur a processing fee for payments made by debit or credit card, we will charge you that processing fee in addition to the Charges. Any such processing fee will be calculated and disclosed at the time of processing your payment.

9.3 We will send you an electronic invoice at the same time that we confirm acceptance of your Order.

9.4 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14(Termination), you will have to pay interest on the amount unpaid at an interest rate of 4% above the daily RBA cash rate, as quoted on Reuters page RBA30. Interest accrues on a day to day basis from the due date up to and including the date of actual payment and is compounded monthly.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 All intellectual property rights in or arising out of or in connection with the Services and our Reports (other than intellectual property rights in any materials provided by you) will as between you and us, be owned by us.

10.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy our Reports, as produced and delivered to you in the performance of the Services for the Relevant Purpose and for such other reasonably ancillary purposes you may have. You may not sublicense, assign or otherwise transfer the rights granted in this clause 10.2. In each case, if you copy or reproduce our Report, it must be reproduced in its entirety. You may not modify the contents of our Report or extract any part of the Report for any other purpose.

10.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.

10.4 You acknowledge that the Reports we provide to you may incorporate materials, including photographs and text, obtained under licence by us from third parties (Third Party Material). We warrant that we hold sufficient rights in that Third Party Material to grant you the licence contemplated in clause 10.2provided that:

(a) You acknowledge that you must comply strictly with the limitations on the licence set out in clause 10.2; and

(b) Without limiting clause 10.4(a), you must not remove, delete or alter any copyright, trade mark or other proprietary rights watermark or notice included in our Report or any of the materials included in our Report.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 We will use any personal information you provide to us to:

(a) provide the Services;

(b) process your payment for the Services; and

(c) inform you about similar services that we provide or remind you when we believe you might require our services again, but you may stop receiving this information at any time by contacting us.

11.2 Further details of how we will process personal information are set out in our privacy policy Privacy Policy | Superfund Property Valuations.]

12. LIMITATION OF LIABILITY

12.1 Nothing in this Contract limits or excludes our liability:

(a) for death or personal injury caused by our negligence or wilful misconduct or that of our employees, as applicable;

(b) for fraud or fraudulent misrepresentation by us or our employees, as applicable; or

12.2 Subject to clause 12.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, or loss of use or corruption of software, data or information.

12.3 Subject to the subsequent provisions of this clause 12, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the performance or non-performance of Services under this Contract, including any breach by us of this Contract however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount paid by you in relation to the relevant Services.

12.4 Nothing in this Contract is intended to have the effect of excluding, restricting or modifying any guarantee or right which applies under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, or the exercise of a right conferred by such a provision.

12.5 We acknowledge that the Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:

(a) to cancel the service Contract with us; and

(b) to a refund for any unused portion, or to compensation for its reduced value.

12.6 If a failure with the Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel the Contract for the Services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in Services.

12.7 This clause 12will survive termination of the Contract.

13. CONFIDENTIALITY

13.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.

13.2 We each may disclose the other’s confidential information:

(a) where the information is in the public domain as at the date of this Contract (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on either of us);

(b) if either of us is required to disclose the information by applicable law or the rules of any recognised stock exchange or other document with statutory content requirements, provided that the recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;

(d) if disclosure is made to our respective officers, employees and professional advisers to the extent necessary to enable either of us to properly perform our obligations under this Contract, in which case the we each must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;

(e) where the disclosure is required for use in legal proceedings regarding this Contract; or

(f) if the party to whom the information relates has consented in writing before the disclosure.

13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.

14. TERMINATION

14.1 Without affecting any of our other rights, we may suspend the performance of Services, or terminate this Contract with immediate effect by giving written notice to you if:

(a) you fail to pay any undisputed amount due under this Contract on the due date for payment and you remain in default not less than 14 days after being notified in writing to make such payment;

(b) you commit a material breach of any other term of this Contract and that breach is irremediable or (if that breach is remediable) you fail to remedy that breach within a period of 14 days after being notified in writing to do so; or

14.2 Termination of this Contract does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Contract that existed at or before the date of termination.

14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

15. FORCE MAJEURE

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

16. NOTICES

16.1 Any notice or other communication given by one of us to the other under or regarding the Contract must be in writing and be delivered personally, sent by pre-paid post or email.

16.2 A notice or other communication is deemed to have been received:

(a) if delivered by hand to the nominated address, when delivered to the nominated address;

(b) if sent by pre-paid post, on the fourth Business Day after the date of posting; or

(c) if sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.

16.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

16.4 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

17. GENERAL

17.1 Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.2 Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

17.3 We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.4 If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This clause 17.4 does not apply if the severance of a provision of this Contract would materially affect or alter the nature or effect of the parties’ obligations under this Contract.

17.5 The Contract is between you and us. No other person has any rights to enforce any of its terms

17.6 These terms and conditions, their subject matter and their formation, are governed by Australian law. You and we both agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia in relation to any dispute arising under or in relation to this Contract.