Terms & Conditions

Buy Now is a sub-brand of M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust trading under the ABN, relevant licenses and insurances of M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust. Where Buy Now is mentioned throughout these terms and conditions, it is intended to refer to M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust trading as Buy Now, M & W Legals and all relevant sub-brands and names.

All services and products offered by Buy Now, are fulfilled by M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust.

Agent refers to the listing Real Estate Agent with whom Buy Now has an ongoing relationship to provide services. Buy Now is not made aware of agency agreements between Agents and the Vendors and therefore, makes the assumption that an Agent ordering a report has the authority under the Agency Agreement to do so. The Agent agrees that by using this service, they have the relevant authority to do so and indemnifies Buy Now against any claims to the contrary.

Buyer refers to a potential purchaser of a strata property. The Buyer agrees that by using this service, they have the relevant authority to do so and indemnifies Buy Now against any claims to the contrary.

Report refers to any Strata Report prepared and made available by Buy Now to, for or on behalf of any Vendor, Agent, Buyer or other authorised party.

All intellectual property and unique content on this page and in all reports prepared by Buy Now is subject to ownership rights, intellectual property rights and copyright in favour of M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust. Any unauthorised distribution or use is expressly prohibited.

Buy Now has made all reasonable efforts to ensure that the content of this website, including all content and reports are correct, subject to the limitations noted in the Reports section of these terms and conditions. Buy Now will not be responsible for any inaccuracies or omissions throughout.

Buy Now has no commission relationship with any Agent, Vendor or Client. Reports are entirely independent. An Agent, Vendor or Client receives a copy of the report with the same content as that of the Buyers. We make no concessions or alterations to the content of the report at the request of any Agent, Vendor or Client.

Agents

By requesting a Strata Report (the report) for a property, you agree not to commission a publically available Strata Report from any other company.

You agree to make potential purchasers aware of the existence of report prepared by Buy Now by distributing the flyer provided by Buy Now.

You agree to advise Buy Now within 48 hours of cooling off/unconditional exchange of the name and contact telephone number and email address of the successful purchaser of any property submitted to Buy Now.

You agree not to distribute the advance Agents copy of the report to any person or persons without the express permission of Buy Now.

Reports are valid only for the period of listing on the Buy Now website and Buy Now reserves the right to retract any report, at any time for any reason including but not limited to extended period of marketing the property without sale. Buy Now may re-attend the Strata Manager’s office at their discretion to update any reports deemed to be outdated or potentially outdated. Potential Buyers who have purchased the report are entitled only to the version of the report available at the time of their purchase of the report and no further updated versions, unless they decide to purchase those updated versions.

Any failure to adhere to the above terms and conditions will result in immediate termination of service and retraction of any commissioned reports from the Buy Now website.

Buyers

You agree not to distribute the report to any person or persons without the express permission of Buy Now. The information within the report is to be used solely by the Buyer for the purpose of informing you about the content of the strata records in relation to your potential purchase. The information is not to be passed on or disseminated to any other person or to use the information for any purpose other than that stated herein.

By purchasing the full report at a cost of $50, you expressly agree that, should you be the successful purchaser, the Agent will provide your details to Buy Now. Your nominated credit card will be charged a further $240 without any further contact or notice from Buy Now or the Agent. Should you be the successful purchaser of another lot within the same strata plan which is concurrently for sale, you will also be liable for the further charge of $240 without notice, as you will have been deemed to have received the full benefit of the information in the report for use in your purchase.

Credit Card details are not held by Buy Now. They are held by the secure payment processing site eWay, subject to their own terms and conditions. Credit card payments are protected with the highest levels of security. Buy Now does not have access to the credit card details held by eWay, but reserves the right to direct eWay to process payment in accordance with these terms and conditions. Buy Now accepts no responsibility for any misuse of credit cards subject to breaches of eWay.

Section 182

Inspections and reports are conducted and prepared subject to section 182 of the Strata Schemes Management Act 2015 below. Buy Now has no authority over the enforcement of this Act and its clauses.

“STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 182 – Requests for inspection of records of owners corporation
(1) Persons who may inspect
An owner, mortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.

(2) Form of request
The request must be made by written notice given to the owners corporation and be accompanied by the fee prescribed by the regulations.

(3) Items to be made available for inspection
The owners corporation must make the following items available for inspection by the person who makes the request or the person’s agent:
(a) the strata roll,
(b) any other records or documents required to be kept under this Part,
(c) the plans, specifications, certificates, diagrams and other documents required to be delivered to the owners corporation before its first annual general meeting by the original owner or the lessor of a leasehold strata scheme,
(d) if in its custody or under its control, the certificate of title comprising the common property or, in the case of a leasehold strata scheme, the certificate of title for the lease of the common property,
(e) any applicable 10-year capital works fund plan,
(f) the last financial statements prepared,
(g) every current policy of insurance taken out by the owners corporation and the receipt for the premium last paid for each such policy,
(h) if a strata managing agent has been appointed, a copy of the instrument of appointment,
(i) if a strata renewal plan has been given to owners for their consideration under Part 10 of the Strata Schemes Development Act 2015 , a copy of the plan,
(j) any other record or document in the custody or under the control of the owners corporation,
(k) if the duties of the owners corporation under this subsection have been delegated to a strata managing agent, any other records (including records of the strata managing agent) relating to the strata scheme that are prescribed by the regulations,
(l) if a building manager agreement is in force or has been entered into but has not yet commenced, a copy of the building manager agreement,
(m) particulars of any service agreement entered into by the owners corporation,
(n) particulars of any agreement entered into with a local council for a strata parking area,
(o) if the request is made within 5 years after the end of the initial period, particulars of any orders made under section 27 and copies of any related contracts or other documents.
Maximum penalty: 5 penalty units.

(4) Meeting inspections
For the purpose of complying with requirements for the giving of notice of a meeting of the owners corporation, the original owner (whether or not having ceased to be an owner) or an agent authorised in writing by the original owner is entitled to inspect the strata roll without payment on making a written application.

Reports

All prices listed are inclusive of GST. All prices and payments are to be in Australian Dollars.

M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust does not offer refunds for reports that are completed and purchased in accordance with our Terms & Conditions.

Cancellation fees may be applicable for reports cancelled once inspectors have been scheduled or dispatched to the search location.

Reports are prepared for the named client and if that person is a Solicitor or Conveyancer, the client of that Solicitor or Conveyancer. M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust trading as Buy Now will not accept any responsibility to any other person who relies upon this report to their detriment unless it has agreed in writing to accept such responsibility.

Limitation of Liability
Inspections are ordered by the selling agent on the authority of the vendor, usually at the time of (or close to) listing for sale. Reports are compiled from information obtained from a search of the books and documents of the subject Strata Plan made available on the date of this inspection. The report is accurate only as at the date of inspection. You are notified that not all records may have been presented for inspection. Where evident that documentation was not presented it was requested, however, M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust have no authority over the Owners’ Corporation or its representatives including Strata Managing Agents.

M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust do not undertake any physical inspection of the building.

All reasonable care is exercised whilst compiling Reports. No warranty or representation is made as to the accuracy of the information provided by the Owners’ Corporation or its representative including the Strata Managing Agent and/or Officers of the Executive Committee of the Owners Corporation and no responsibility will be taken by M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust for any loss or damage due to any cause whatsoever, including negligence whether in connection with information supplied by the Owners’ Corporation or its representatives including the Strata Managing Agent and/or Officers of the Executive Committee of the Owners Corporation.

Privacy Policy

M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust ABN 15980292581

This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through this website www.buynowreports.com.au (Site) or directly from you.

Please read this Privacy Policy carefully. Please contact us if you have any questions.

You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.

  1. Type of personal information collected
    Personal Information: The type of personal information we collect may include is set out on our website.If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
  1. Collection and use of personal information
    We collect and use the personal information for purposes including to contact and communicate with you, for internal record keeping and for marketing.
  1. Disclosure of personal information
    We may disclose personal information for purposes including to provide our products and services to you, and as required by law. Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.
  1. Access to and correction of personal information
    Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
  1. Complaints about breach
    If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us on the email address below.
  1. Unsubscribe
    To unsubscribe from our e-mail database, or opt out of communications, please contact us at the details below.
  1. Storage and Security
    We are committed to ensuring that the information you provide is secure.

For any questions or notice, please contact us at:
M & W Legals Cronulla Pty Ltd ATF M & W Legals Family Trust ABN: 15980292581
Email: admin@mwlegals.com.au

Last update: 10 Mar 2017
This policy is provided by legalvision.com.au

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