Terms & Conditions
1. About Strata Reno
Capago Pty Ltd ABN 29 166 635 169 trading as Strata Reno (Strata Reno, ‘us’ or ‘we’), provides services and technology to facilitate and streamline the approval and notification of renovations within strata lots between owners and the relevant strata plan owners corporation (Owners Corporations) by way of a technology platform (the Services). The Services are conducted via the website www.stratarenovation.com.au (the Site).
These are the terms and conditions (Terms) upon which we make the Site and Services available to you. We may from time to time vary these Terms, without prior notice to you. You should periodically check these terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for the Site or Services.
It is important that you understand these Terms. You should also review our Privacy Policy (as amended from time to time), which applies to the collection, storage and use of any personal information provided to us. The Privacy Policy is available on the Site.
By accessing or using the Site or our Services, you agree to be bound by these Terms and our Privacy Policy (as amended from time to time).
For the purposes of these Terms, ‘you’ means you, the individual, natural person registering, accessing or using the Site or any other person for whom you are accessing or using the Site on his or her behalf.
2. Services
The Services are provided to Owners Corporations and owners of strata properties (Owners). To enable you to use our Site and to receive our Services, your Strata Manager must have:
- signed an agreement with us; and
- registered the Owners Corporation and the relevant Owner’s strata property with us.
If your strata property or Owners Corporation isn’t registered with us, you should contact your Strata Manager and request that they register your Owners Corporation and/or strata property with us.
In providing the Services, we rely on complete, true and accurate information being provided to us. If you become aware that any information we have regarding the proposed renovations, strata property, Owner, Strata Manager or Owners Corporation is incorrect in any way please contact us immediately. We will not liable for any incomplete, false or inaccurate information provided to us.
If you are the Owner seeking approval of your proposed renovations, you must provide us with any the information we request from time to time relating to your strata property and the renovations you intend to undertake, to enable us to provide the Services. Any information you provide to us may be disclosed to the Owners Corporation and Strata Manager for the purposes of the Services and also to any subsequent purchaser of your strata property who requests the information.
The Services relate only to notifying and seeking approval of the relevant Owners Corporation for proposed strata property renovations. We do not and cannot guarantee that consent and approval will be given. We do not make any assessment as to the merit of any proposal, validity of any notification or request for consent nor do we provide any advice as to whether consent or approval will or should be given. We will not accept any liability where approval and consent is not given.
Additional notices, approvals and consent may also be required before any renovations are undertaken, including from the relevant local council. We do not provide any services in respect to any such notices or the seeking of other consents and approvals, for example preparation and lodgement of local council building and development applications. We strongly recommend that Owners seek their own independent advice as to what approvals and consents are required in relation to any proposed renovations.
By signing an agreement with us, your Strata Manager has agreed to pay our fees. Unless we agree to provide you with any other services at agreed charges, you will not be required to pay us for the Services you receive. We may suspend or decline to provide the Services in certain circumstances, including in the event that our fees remain unpaid by the Strata Manager or for breach or any dispute regarding our agreement with the Strata Manager. We may also suspend or decline to provide the Services where any part of the Services would breach any law.
If we agree to provide any services to you in addition to the Services, the additional services will be subject to fees and charges payable by you in accordance with any agreement between us relating to the additional services.
We may also suspend any Services, or decline to provide you with Services where you, the Owners Corporation or the Strata Manager are in breach of these Terms or any applicable laws, or where we are of the reasonable opinion that any party is not acting in good faith.
3. Relationship
We are not an agent for any strata property Owner, Owners Corporation or Strata Manager. We are an independent contractor to the Strata Manager.
We do not endorse or make any recommendations in relation to any strata manager.
4. Use of the Site
You must use the Site and Services for lawful purposes only and you may not use our Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Sites.
You are solely responsible for any content and other material including but not limited to information and photos relating to your strata property that you submit, upload, publish or display on the Site, or otherwise provide to us for the purposes of the Services (Posted Content).
You warrant that you hold all appropriate, rights, licenses or permissions to upload and provide any information and material which contains the copyright or intellectual property belonging to a third party (including but not limited to any architectural plans, photographs, digital media or other designs).
You must not provide your or anyone else’s confidential information including phone numbers, addresses, credit card or financial information without their consent.
Crawling, spidering or scraping of the Site is prohibited. You may not provide unauthorised interfaces to any of our applications.
In using our Services and Site you, you warrant and ensure:
- you do not breach any laws;
- any Posted Content is not unlawful or does not promote or encourage illegal activity;
- any Posted Content or your conduct when receiving the benefit of our Services does not mislead, deceive, embarrass, bully, victimise, harass, intimidate, threaten, impersonate, discriminate, defame or abuse any other person;
- the Posted Content is not unwanted or unsolicited or is in breach of the Spam Act 2003;
- the Posted Content is not false, deceptive or misleading (or is likely to mislead or deceive);
- you do not infringe any other party’s patent rights, trademark(s), copyright or other intellectual property rights.
We may delete or refuse to accept any Posted Content that we consider, in our absolute discretion, breaches these Terms or may cause reputational or operational harm to Strata Reno.
You shall be liable for and indemnify us against any and all losses, claims, costs and other liabilities caused or incurred by us as a result of or in connection with any breach of this clause 4 by you.
5. Intellectual Property
We own or are permitted or licensed to use all intellectual property in the Site and our Services.
You may not use any of our intellectual property for any purpose other than as required for the lawful use of the Site or for the sole purpose of receiving the benefit of the Services. Subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes in your location, you may not, in any form or by any means:
- adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this Site; or
- put to commercial use any information, products or services obtained from any part of this Site;
without our prior written consent (or the written permission of the author whom copyright is attributed).
All trademarks appearing on the Site are property of their respective owners, including, without limitation, Strata Reno. No right, license or interest to such trademarks is granted by these Terms.
You must obtain our written permission to put a text link on any website you operate linking back to the Site. If we do provide our consent, we reserve the right to revoke such consent in which case you shall immediately remove and disable any and all of your links to the Site.
6. Liability
The Site and Services are provided on an “as is” basis. Strata Reno specifically disclaims any other representation or warranty (express or implied) including any warranty of performance, merchantability or fitness or suitability for any particular purpose.
We are not liable for any delays by any other party including delays by the Owners Corporation or Strata Manager in providing information, considering or responding to any request for approval or consent to strata property renovations. Further, we are not liable where there has been a delay in receiving information or where the information we have received is incomplete, false or inaccurate.
To the maximum extent permitted by law, we exclude all express and implied representations and warranties which, but for these terms, might apply in relation to your use of the Site and Services. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, including but not limited to loss of income, profits, interest, goodwill, data, contracts, use of money, loss of opportunity or any loss or damages arising from or in any way in respect of a breach of these Terms, whether in tort, statute, contract or otherwise.
Without limiting anything in this clause 6, we exclude all liability for information provided to us by any party in relation to the Services.
To the extent that our liability cannot be excluded by law and subject to any other agreement between you and Strata Reno to the contrary, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited in aggregate to $100.
7. Continuity of service
We aim to provide a service through our Site that is continually available and capable of use. We may however suspend access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend access to the Site includes (but shall not be limited to):
- maintaining the Site or changing its features or functionality;
- where the relevant Owners Corporation or Strata Manager has terminated our engagement or removed a strata property from our Site, or hasn’t use the Site for an extended period;
- where there has been a breach of these Terms or any agreement we have with the Strata Manager;
- faults, service outages or other technical problems;
- a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency.
Unless the reason for suspension is unexpected or relates to some wrongful conduct by the relevant Owner, Owners Corporations or Strata Manager, we will endeavour to give you reasonable notice before suspending access to the Site.
We will not have any liability in connection with any suspension access to the Site, regardless of the reason for suspension.
8. No advice
Nothing we do on this Site constitutes any form of specialist advice, whether legal, financial or otherwise. You must seek your own professional advice where appropriate. We strongly recommend that Owners of strata properties seek independent professional advice in relation to approvals and consents required before proceeding with any renovation of strata properties.
9. Termination
We are under no obligation to perform ongoing Services. We may terminate these Terms at any time and suspend or refuse to provide any Services for any reason, without any notice to you. If termination, suspension or refusal occurs during the course of any Services being provided to you, we will notify you of any such termination, suspension or refusal.
10. General
Notices to you under these Terms will be sent to any email address you provide us. You will be treated as having received any email sent by us instantly upon its sending. You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our registered office.
We may assign or novate any of our rights or obligations under these Terms without your consent.
These Terms will continue to apply even when you are not using the Site and even if your access to the site has been suspended or terminated.
No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.
These Terms constitute the entire agreement between you and us in relation to its subject matter.
These terms and conditions must be construed and interpreted in accordance with the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the Courts of that State. You must attempt to resolve any dispute under these Terms firstly by mediation, in good faith
Clauses 3, 4, 5, 8, 9, 10 of these Terms survive termination.
Last updated 21 March 2016