Terms
Security Statement
TSRS’ commitment ensures that credit card safety is never an issue. We undertake that every transaction you make on our website will be safe. This means you pay nothing if unauthorised charges are made to your card as a result of dealing with TSRS.
We process your requests utilising 128-bitSSL encryption. It encrypts all of your personal information, including name, and address, so that it cannot be read as the information travels over the Internet.
Privacy Policy
TSRS highly values the strong relationship we have with our customers. The data we collect will be handled sensitively and securely, with proper regard for your privacy.
TSRS fully supports and follows the ‘National Privacy Principles’ launched in December 2001. These principles have been incorporated in our Privacy Policy which is set out below.
We will limit the collection and use of customer information to the minimum we require to deliver superior service to our customers, which includes advising our customers about our products, services and other opportunities, and to administer our business. We therefore maintain the name, email addresses, telephone number, payment and order processing information of customers when they order from us. We will never ask you to answer any intrusive personal questions.
The information you provide to us is used for billing and delivery purposes and to measure customer interest in our products. The information you provide to us is used by us for order fulfillment, administration, marketing, credit checking, security, customer services, profiling your purchasing preferences and to help us to understand and develop our business, including new and innovative products and services.
You may provide us with your email address. We will only ever use your email address so that we can contact you about your order or answer a query. Your email address is private and we will never sell it to third parties.
Any personal information that you give us is private. We will never release personal information to persons or entities without your explicit consent. Exceptions to this may be (a) where we are required by law to disclose certain information; (b) if you have ordered a product from us that requires personalisation, or delivery to you by an external company.
As part of the National Privacy Principles, customers can advise us at any time if they –
(a) do not wish to receive information from reputable companies, or if they
(b) If a customer advises us that they no longer wish to receive product information from TSRS we will ensure their name is also never passed to reputable companies with interesting product offers.
We have strict agreements with all other organisations that provide us support services to protect your privacy. These organisations are all compliant with the National Privacy Principles. Only authorised employees who are trained in the proper handling of customer information have access to that information.
Customers can advise us if any of their information requires updating. Customers may request to see the details we maintain on them in our customer file by forwarding a signed written request to us.
We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment accessed only by authorised persons. Transmissions sent to or from us are routinely monitored for quality control and systems administration.
We also value the privacy and security of your online purchases and use the latest encryption software on our site.
We may make changes to how we collect, retain, use or protect your data or to other aspects of this policy from time to time. Any such change will be notified to you in this policy so please keep it under regular review.
Terms and conditions
INTRODUCTION
1. If you use our service, please read our terms and conditions carefully. If you accept our terms and conditions you may use our service to order a strata report.
SEARCH AND FEES
2. TSRS agrees to provide you with a strata report from the information TSRS obtains from records disclosed/ made available by the Owners Corporation to TSRS on the condition that you accept these terms and conditions and pay our fees in the way requested.
TSRS ACKNOWLEDGEMENTS
3. TSRS acknowledges that:
a) it has taken all reasonable care to ensure that the information that will be inserted in and constitute the strata report you order is accurate and appropriate, subject to these terms and conditions;
b) all your personal and billing information that is identifiable to you will be kept strictly confidential. We will not disclose that information to anyone else without your consent;
c) the report you order will be available for you either when you download it or when it is sent by us by email to the address you nominate
d) you will have access to the report you order using our services.
LIMITS ON YOUR USE OF THE STRATA REPORT
4. In relation to our service and the report, you agree that you will not:
a) use any part of the report in connection with creating another document by whatever means or media ;
b) use any part of the report for any purpose other than the specific purpose for which it was ordered;
c) copy any part of the report for any purpose other than the transaction for which it was ordered;
d) modify the report in any way after it is sent to you;
e) interfere with, alter or attempt to copy or reproduce any part of the report provided to you;
f) incorporate any part of the report provided to you in any other program, system or document-creation package; and
g) represent that the report provided to you was created by you or or a person under your control or authority.
WE DO NOT GIVE LEGAL ADVICE
5. You acknowledge that:
a) we cannot, and do not, give legal advice;
b) the company that owns and operates www.tsrs.com.au (Trachtenberg Strata Reporting Services) is not a law firm;
c) our service provides information to help you understand the details in the records of the scheme (whether strata, company title or any other style of community living) and that that information is information only, not advice;
d) we cannot and do not warrant that a report you order or download is appropriate or suits your needs;
e) the legal effects of a report vary and a report’s suitability will therefore vary according to particular circumstances; and
f) only you know the purpose for which you intend to apply a report you order or download, therefore you must consult a professional advisor (not TSRS) for advice concerning a report’s suitability.
OUR WEBSITE AND OTHER WEBSITES
6. You also acknowledge that:
a) we do not warrant the accuracy or appropriateness of the contents of our website;
b) our website may contain hyperlinks and pointers to other websites and we are not responsible for any information or other hyperlinks contained in these websites;
c) we provide the hyperlinks and pointers to you simply as a courtesy for your convenience and we are not endorsing any of them;
d) you access these other websites at your own risk; and
e) it is for you to decide whether these other websites should be relied upon.
YOU INDEMNIFY US
7. You agree that you will indemnify us in relation to any cost, loss, liability, or damage that you or a third party suffers if:
a) the report you order or download is not suitable for its intended purpose or does not suit the relevant circumstances;
b) you fail to obtain formal advice from a professional advisor as to whether the report you choose is suitable for its intended purpose or is suitable for particular circumstances;
c) you modify the report after it is provided to you; or
d) you breach any of these terms and conditions in some other way.
8. You also agree that you will continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service.
OUR LIABILITY IS LIMITED
9. You agree that if we are prohibited by law from excluding all implied warranties and conditions, or from limiting our liability, then our liability will be limited to, at our option, to:
a) replacement of the report provided to you;
b) supply of an equivalent report;
c) amendment of the report provided to you; or
d) payment of the cost of such replacement, supply or amendment.
10. You further agree that:
a) to the extent that we are not prohibited by law, then our liability is limited to that extent including any liability that arises as a consequence of our negligence;
b) our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
c) we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
OUR INTELLECTUAL PROPERTY IS NOT DIMINISHED
11. You acknowledge that:
a) we remain the owner of all of our interest in the intellectual property that resides in the report and our service; and
b) you get no property right whatsoever in relation to our service, and no ownership in the copyright of the report provided to you.
RECOVERING REVENUE LOST THROUGH MISUSE OR BREACH
12. If we discover that we have lost revenue through your misuse of our service or your breach of these terms and conditions, then you agree that we may recover from you each of the following:
a) the revenue we have lost;
b) our costs of discovering our loss and the extent of it;
c) our costs of recovering the revenue; and
d) interest on any amount owing under this clause.
13. Also, if we can show that we have lost revenue through your misuse or breach of these terms and conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss.
NO WARRANTY OF CONTINUITY, OR FREEDOM FROM VIRUSES
14. We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
REFUNDS, EXCHANGES
15. You agree that because of the nature of our report, refunds or exchanges, are most unlikely, and that if provided, refunds are granted at our absolute discretion, in exceptional circumstances.
16. You agree that any request for a refund or exchange must be in writing setting out:
a) the intended purpose for which the report was to be applied;
b) the identity and contact details of the person or entity for whom you purchased the report. We may contact that person or entity to discuss, and request copies of, the documents you have provided them;
c) the reasons for the refund or exchange; and
d) any other information or materials we consider relevant to the request.
JURISDICTION
17. These terms and conditions are governed by and are to be read and interpreted according to the laws of New South Wales. Each of TSRS and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction.
DEFINITIONS AND INTERPRETATION
18. In these terms and conditions:
a) ‘TSRS‘ means Trachtenberg Strata Reporting services (TSRS) – ABN 149 146 029, its agents, sub-contractors officers, successors and advisors and ‘we‘, ‘our‘ and ‘us‘ have a corresponding meaning;
b) ‘our service‘ includes our website, the interface, user system, and document merging engine and the menu of legal clauses that is used to generate reports you order or download, and the services which we provide to you which are ancillary to these services;
c) ‘professional adviser‘ means a lawyer or conveyancer concerning a report’s appropriateness or suitability for your needs or its legal, taxation and commercial implications, or a registered tax agent concerning a report’s accounting and taxation implications or a real estate agent concerning a report’s implications;
d) the singular includes the plural and vice versa;
e) a reference to currency is a reference to Australian Dollars;
f) strata report/company/community and similar titles, or some other, future type of community title that may come about: and
g) ‘strata report’ includes, but is not limited to, information on:
1. the levies paid by the unit;
2. the current financial position of a building;
3. the current insurance particulars for the building;
4. a history of insurance claims as these may point to weaknesses in a building;
5. a history of major repairs, what they were & how they were addressed and paid for;
6. structural defects – how they were addressed and paid for;
7. major issues amongst the residents;
8. legal actions against the building or residents;
9. likelihood of major projects;
10. likelihood of special levies;
11. and other general information regarding By-laws, rules and regulations etc.
PAYMENT AND DELIVERY OF SEARCH
By ordering a strata report provided by TSRS you agree to accept our terms and conditions. In particular: you acknowledge that the report has been provided for the ordering entity and may only be relied upon by that entity and you accept that any refund of fees paid is at the absolute discretion of TSRS and/or its principals and officers and is only allowed in exceptional circumstances.
If you wish to make any enquiries about these terms and conditions, please contact TSRS before you engage our services.
ACKNOWLEDGEMENT AND ACCEPTANCE
I acknowledge that I have read, and I accept, the terms and conditions.
If you don’t accept them, simply log out and leave the site without activating the search.