The nitty gritty (T&Cs)

These Terms and Conditions define and govern how you may use the myInspections website and associated services regardless of how you access it - they apply to all users, including property owners and tenants.

General

Website

This website, myInspections, is owned, operated and maintained by myInspections 17 665 594 338.

Nature of myInspections Services

myInspections provides services that facilitate property owners in creating property condition reports and allows tenants access to the website in order to review and sign these reports in cooperation with property owners.

Contractual Relationships

By using the myInspections website and associated services, a property owner enters into a contractual relationship with myInspections that is governed by these Terms and Conditions. myInspections is not a party to or bound by the terms of any contractual relationship between a property owner and a tenant.

Agreement to be Bound by These Terms and Conditions

By accessing, registering or in any way using the myInspections website, App, associated services and information offered, you are agreeing to these terms and conditions. These Terms and Conditions apply to any user of the website, including property owners, landlords, agents and tenants. You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations. If you violate any of these Terms and Conditions, myInspections may, at its sole discretion, remove or suspend your account and disallow access to the associated services.

If you access or download our mobile application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Legal Compliance

myInspections endeavours to fully comply with any relevant Australian laws governing the provision of its services. However, the responsibility for compliance ultimately remains with property owners and tenants. Information on our website and in any publication should not be regarded as a substitute for professional advice, including legal advice, financial advice or real estate advice. Property owners and tenants should review the relevant laws and regulations for their property type and local area, including local government planning regulations, and seek independent advice when leasing and managing their property.

Modification of Terms and Conditions

myInspections may, in its sole discretion, modify, vary, amend, or revise these Terms and Conditions (including, without limitation, any associated services provided to a property owner, prospective tenant, or tenant under these Terms and Conditions) at any time. You agree to be bound by any varied terms in these Terms and Conditions. myInspections will endeavour to notify you of any significant changes to these Terms and Conditions from time to time. You agree that you will also periodically review the most up-to-date version of these Terms and Conditions as part of your usage of this website, the App and associated services.

Definitions

In these Terms and Conditions, the following terms have the specified meaning:

Users of Website and Associated Services

myInspections does not vet, question, or check in any way any user of the website and associated services, including those who are property owners, tenants, or agents. Further, myInspections does not conduct any identity checks or personal verification of any user of the website and associated services. myInpsections does not in any way warrant or guarantee the accuracy of any user's identity in using the website and associated services. myInspections does not conduct any inspections or other checks of any property that is created on the website and associated services. Further, myInspections in no way guarantees, warrants, or certifies the quality or condition of any property that is the subject of a condition report created through the website and associated services.

By using the website and associated services, you:

myInspections does not make any representation or provide any warranty or guarantee in respect of any user of the website and associated services, including, but not limited to, any representation or warranty in respect of the suitability, behavioural characteristics of or creditworthiness of any user of the website and associated services.

Conduct of Users

By using the website and associated services, you understand that you are solely and wholly responsible for your actions, conduct, and speech communicated on or otherwise affecting the website and associated services and the experience of any other user in using the website and associated services.

myInspections is not in any way responsible for the actions, conduct, or speech of any user in using the website and associated services. Further, myInspections is not an agent or representative for any user, nor does it guarantee or endorse the lawfulness or truth of any words, actions, or speech taken by any user.

myInspections is not liable for any losses incurred as a result of the actions, conduct, or speech of any user of the website or associated services.

Accounts

Creation of Account

In order to use the myInspections website and associated services as a property owner, you must register for an account with myInspections. To register for an account, you must provide the following details:

You must not register for an account with myInspections using false or incorrect information. The provision of false or incorrect information to myInspections forms grounds for suspension or removal of your account and denial of access to associated services at the sole discretion of myInspections.

In order to use the myInspections website and associated services, you must:

By registering for an account with myInspections, you represent and warrant that the information provided to myInspections is true and correct.

If at any time while you hold an account with myInspections, the information you have provided ceases to be true and correct, you agree to notify myInspections as soon as reasonably practicable of the relevant change in information. Notification of change to information should be given by changing your account information on your myInspections account on the myInspections website or the App.

Any and all information provided by you to myInspections will be treated in accordance with the myInsepctions Privacy Policy.

Account Security

Should account creation and logins be made available when using myInspections login accounts, you are solely responsible for maintaining the confidentiality of your passwords, login details and any sensitive information for all the activities carried out whilst using your account. You must notify myInspections immediately if:

Termination of Account

myInspections may, in its absolute and sole discretion, suspend or terminate your account and deny access to associated services if:

Use of Website and Associated Services

Provision of Access to myInspections website and associated services

myInspections will endeavour to make the website and associated services available for use 24 hours a day, 7 days a week. You accept, however, that it will be necessary to take down the website and temporarily stop providing associated services from time to time for purposes of regular maintenance of the website and the App and to make improvements to the website and the App for your benefit. You also accept that circumstances beyond the control of myInspections may arise, such as problems associated with internet or web-hosting services, that may make the website and associated services inaccessible. You understand and accept that in any of the above-mentioned circumstances, myInspections does not and will not incur any liability to you for any losses to you from any such interruption or cessation of the website or associated services, regardless of how any such liability would otherwise arise.

Information provided does not constitute advice

myInspections will provide information through the website and associated services from time to time in the form of articles, blog posts, FAQs, guides, and similar on topics, including how to conduct a property inspection. All such information is of a general nature only and should be used exclusively for informational and personal interest purposes. In no way whatsoever does such information constitute legal, investment, property, or other professional advice. This information does not consider your personal circumstances, objectives, financial situation, or any other specific needs. Therefore, you must not regard or take this information as advice. Nor should you rely on this information as the basis for any legal action or communication, negotiating, entering or terminating any agreement, incurring any financial liabilities, or making any kind of public communication. You should seek professional legal, property, accounting, or other advice as required that is able to account for your particular circumstances.

Code of Conduct

Note: Infringement, violation, or breach of any of the following terms will form grounds for suspension or removal of your account and/or denial of access to any associated services. Determination of any such infringement, violation, or breach is at the sole and absolute discretion of myInspections.

You must not, nor attempt, to do any of the following:

Content Uploaded to myInspections.com or myInspections mobile applications

Uploading of Content to Website and Associated Services

As a user of the website or associated services holding an account, you may upload Content necessary and appropriate for creating a property condition report. myInspections does not and will not review, vet, approve, or moderate any information uploaded to the website or associated services, except as where specifically provided by these Terms and Conditions. It remains the sole responsibility of the user uploading content to ensure that it complies with these Terms and Conditions and any relevant laws.

Rights in Respect of Uploaded Content

At the time at which you upload any content to the website or associated service, you as a user of the website or associated service warrant that you are the owner of and have all Intellectual Property Rights in the relevant Content (and all materials that may appear in Content), or that you otherwise have authorisation, permission, or consent from the owner (or other relevant person) of the Content or any part of the Content or any material appearing in the Content.

At the time at which you upload any content to the website or associated service, you warrant that you have the authorisation, permission, or consent of each and any person appearing in the Content for them to appear in the Content and for you to upload that Content to the website and associated services, and to make that Content available on the website and associated services, and to grant the rights to myInspections that you grant under these Terms and Conditions.

At the time at which you upload any content to the website or associated service, you warrant that the Content and any part of it or any material appearing in it does not infringe the rights, including rights of intellectual property, of any third party.

At the time at which you upload any content to the website or associated service, you warrant that the Content does not contain any material which is in any way offensive, defamatory, discriminatory, pornographic, abusive, obscene, or otherwise illegal in any jurisdiction anywhere in the world.

Non-endorsement of Content

myInspections in no way whatsoever endorses any content or other information uploaded to the website or associated services by any user. This includes any opinion, recommendation, statement, advice, or view expressed in any way or through any medium by any user.

Ownership

The only rights, titles, or interest in any content that you upload to the website or associated services that are transferred to myInspections are those granted to myInspections by you when you agree to these Terms and Conditions or otherwise in writing by you.

Modification or Take-down of Content

myInspections, in its sole and absolute discretion, may edit, modify, block or delete any Content or other information, or any comments or messages made on the website or associated services if myInspections determines that any of the preceding material contravenes or is likely to contravene these Terms and Conditions.

Public comments and information

If you contribute to our blog, submit information or make any public comments on this website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the website or the associated services, then we may at our discretion, refuse to publish such comments and/or remove them from the website. It is also at our sole discretion to disapprove content submissions for any reason.

We reserve the right to refuse service to anyone at any time without notice or reason, however, we will give best efforts to inform or try to offer alternatives.

Release

You forever release myInspections, and its directors, officers, employees, agents and contractors for any and all claims, rights, demands, actions or suits which you have, may have or would have had in connection with myInspections' exploitation of the Content or the exploitation of the Content by any of myInspections or its directors, officers, employees, agents or contractors and whether that claim arose or arises in contract, tort (including, without limitation, negligence), under statute or otherwise.

Waiver

You hereby consent to all acts or omissions by myInspections, its licensees or others authorised by it, or its successors in title, which would otherwise constitute an infringement of any moral rights you have, or may have, in the Content or any part of it, or any material appearing in the Content, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for myInspections, or any other person authorised by myInspections, to materially alter, modify, add to and in any way change the Content or any part of it, or any material appearing in the Content, and deal with the Content or any part of it, or any material appearing in the Content, without identifying you or any third person as the author of the Content or any part of the Content, or any material appearing in the Content. You warrant that any third party who has acquired any moral rights in the Content or any part of it, or any material appearing in the Content, has also waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in these Terms and Conditions.

myInspections' Right to Access and Use Messages and Other

myInspections may access, read, and permanently store any messages and notes sent by you to another user of the website or associated services through any function on the website or associated services or sent to myInspections using the website or associated purposes, for the purposes of protecting the safety and security of the website and associated services and their users. The messages and notes sent by you may be used as the basis for removing or modifying any content on the website, terminating your account, or reporting your behaviour to any government law enforcement authorities.

myInspections may access, read, and permanently store any content uploaded to the website or associated services by you as a user for the purposes of protecting the safety and security of the website and its users. The Content uploaded by you may be used as the basis for removing your Content from the website or associated services, terminating your account, or reporting your behaviour to any government law enforcement authorities.

myInspections may access, read, and permanently store any correspondence made by you to myInspections, including by email, post, or other messaging service, for the purposes of protecting the safety and security of the website and associated services and their users. The correspondence made by you to myInspections may be used as the basis for removing your Content from the website and associated services, terminating your account, or reporting your behaviour to any government law enforcement authorities.

Privacy

For information regarding the Privacy Policy, please see our privacy policy. The Privacy Policy should be read in conjunction with these Terms and Conditions.

Relationship of myInspections with Property Owners and Tenants; Role of myInspections in Tenancies

General

myInspections is a web and app-based commercial entity that provides access to tools for the purpose of facilitating the creation of property inspection reports by property owners. myInspections is not and does not act as an agent or authorised representative of property owners in relation to the management of a tenancy at a property.

Role in Tenancies

You understand that myInspections is not a party to or in any way bound by any agreement between any users of the website or associated services.

Disputes

You understand and agree that myInspections is under no obligation to become involved in any dispute between any users in relation to the use of the website or associated services or any contract or agreement between the users.

Miscellaneous

You understand that myInspections may generate data on the basis of data collected from users. You understand further that such generated data does not in any way set standards, benchmarks, or parameters for how property inspections should be conducted.

Intellectual Property Rights in Website

You understand and acknowledge that myInspections (or the supplier of any relevant material) owns all the rights in the website and associated services and all material comprised in the website ('Website Content') (this includes but is not limited to Intellectual Property Rights, text, images, web pages, sound, software (including, but not limited to, code, interface, and website structure), and video, extending to the 'look and feel', design, and compilation of any such materials). This clause excludes Content uploaded to the website or associated services.

You understand, acknowledge, and agree that you are only permitted to use the Website Content in a manner consistent with these Terms and Conditions or as otherwise expressly authorised in writing by myInspections.

You understand and agree that you are expressly forbidden from copying, reproducing, transmitting, publicly performing, distributing, commercially exploiting, adapting, translating, modifying, bundling, merging, sharing or making available to any person or creating derivative works of the Website Content.

You understand and agree that you are expressly forbidden from copying, reproducing, transmitting, publicly performing, distributing, commercially exploiting, adapting, translating, modifying, bundling, merging, sharing or making available to any person or creating derivative works of any content, including trademarks, of third parties that is hosted on the website or associated services.

You are permitted to reproduce or communicate any Website Content that appears in any articles of blog posts on the website or associate services that have been posted by myInspections, upon the condition that you must credit myInspections as the source of that Content and provide a link to the myInspections website when reproducing or communicating such Content, regardless of the medium through which the Content is communicated or reproduced.

If you wish to use Content, images or other of our intellectual property, you should submit your request to us by email at hello@myinspections.com.

Limitation of Liability

Use of Website

You understand and acknowledge fully that use of the website and associated services is at your own risk. myInspections makes no representations and gives no guarantees or warranties that the website or associated services are without any defects or that any other user of the website and associated services will comply with these Terms and Conditions or any applicable law in their use of the website and associated services.

Limitation of Liability

myInspections will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your use of the website and associated services.

myInspections will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with any dealing with myInspections.

myInspections will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your reading or other use of any resources provided as part of the Resources, including (but limited to) any blog posts, articles, guides, or other informative Content. This information is supplied exclusively for informational and promotional purposes. It should not be relied upon or form the basis for you entering any transaction, incurring any kind of liability, or undertaking any kind of legal action or similar. You should seek professional legal, real estate, accounting, insurance, investment, or other advice before entering any transaction, incurring any kind of liability, or undertaking any kind of legal action or similar. You understand and agree that you must not rely on any such resources to enter any transaction, incur any kind of liability, or undertake any kind of legal action or similar.

Notwithstanding that myInspections will endeavour to provide access to the website and associated services to all users on a 24 hours, 7 days a week basis, you understand and acknowledge that it may be necessary for the website and associated services to be made unavailable for temporary periods for reasons including (but not limited to) maintenance, upgrading and updating services, and unforeseen outages in services beyond the control of myInspections. Pursuant to this understanding and acknowledgement, you agree that no liability will arise for myInspections to you for any losses or other damage you may suffer or incur as a result of or consequential to the website and associated services not being available.

Notwithstanding these Terms and Conditions, myInpsections will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your interactions, engagement, discussions, transactions, or otherwise with any other user of the website and associated services. This is inclusive of interactions or otherwise between property owners and tenants with regards to creating property inspection reports through the myInspections website and associated services.

myInspectons will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to any insurer of you or to any public compensation scheme for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your use of the website and associated services.

Third-Party Sites and Links

myInspections may provide links to third party sites and as part of its provision of the website and associated services. You acknowledge and agree that myInspections does not control such sites, and myInspections is not responsible for the Content on those sites or the privacy of other practices of such sites. These links are exclusively for convenience, promotional and informative purposes, and myInspections does not necessarily endorse the Content of any site so linked and makes no representations, warranties, or guarantees as to the truthfulness or correctness of any content on such a site. myInspections will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your reading or use of any content on any third party site linked on the website or associated services.

References on the website and associated services associated to any products, services, processes, trade names, trademarks, or other information of third parties do not imply or constitute an endorsement, sponsorship, association with or recommendation by myInspections.

Indemnity

By using the website and associated services, you indemnify myInpsectoins and its directors, officers, employees, agents and contractors and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of any breach by you of these Terms and Conditions or arising out of any use by you of the website or associated services.

The general indemnity in clause includes, but is not limited to, the following circumstances:

Interpretation and Miscellaneous

Jurisdiction

Your use of our website and associated services and these Terms and Conditions are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our website and associated services may be accessed throughout Australia and overseas. We make no representation that our websites and associated services comply with the laws (including intellectual property laws) of any country outside Australia. If you access our website or associated services from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website or associated services.

Relationship

No partnership, joint venture, or agency relationship is created by these Terms and Conditions (or by use of the myInspections website or associated services) between myInspections and any user or between any users.

You must not, and cannot, enter into any agreements or incur any liabilities on behalf of myInspections or any user without the prior consent of that party. myInspections must also not represent that you have the authority to enter into any such agreements or incur any such liabilities.

Terms and Conditions constitute entire agreement and/or understanding

These Terms and Conditions (in addition to the Privacy Policy) exclusively constitute the entire agreement and/or understanding between myInspections and any user with respect to the subject matter of these Terms and Conditions.

These Terms and Conditions supersede and make ineffective any and all prior or contemporaneous oral or written agreements, undertakings, or representations between myInspections and any user.

Severability and Reading Down

Should any part of these Terms and Conditions be found void, voidable, unenforceable, unlawful, or illegal, that part will be read down in order to be valid and enforceable. Alternatively, if a part cannot be read down, it will be severed from these Terms and Conditions. Severance of a part of these Terms and Conditions will not affect the validity or effectiveness of any other part of these Terms and Conditions.

Terms and Conditions to be read as a whole

These Terms and Conditions are intended to be read, interpreted, and understood as a whole document.

For any questions and notices, please contact us at:

myInspections 17 665 594 338

Email: hello@myinspections.com

Last update: 6 May 2022