Legal disclamers
Legal Disclaimer
The Client recognizes and agrees that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever about future investment outcomes, property returns, rental income, capital growth, or that the Client will achieve any financial gain, with respect to the engagement of our professional services, and that we have not authorized any such projection, promise, or representation by others.
Any investment return statements, rental income projections, or capital growth examples are only estimates of potential outcomes. There is no assurance the Client will achieve results as stated in any examples. If the Client relies upon any figures, projections, or estimates provided, the Client must accept the entire risk of not achieving the outcomes indicated in the information provided. This applies whether the investment examples relate to rental income, property appreciation, development profits, or any other form of financial return (whether such returns are realized or unrealized).
There is no assurance that any prior successes or past results relating to investment returns, rental income, property values, or development outcomes will apply to the Client's circumstances, nor can any prior successes be used as an indication of the Client's future success or results from any of the information, content, or services provided. Any and all claims or representations relating to investment returns, rental income, or property performance are not to be considered as "average returns" or "typical results".
(i) The Economy
The economy, both in the local property market where the Client invests, and on a state, national and international scale, creates additional uncertainty and economic risk. An economic recession, depression, interest rate increases, or market downturn might negatively affect the results achieved from property investments, developments, or the services provided by our organisation. Market conditions, government policy changes, lending criteria modifications, and economic factors are beyond our control.
(ii) Client outcomes and Results.
The Client's success in utilizing the information, services, or strategies provided depends on a variety of factors. We have no way of knowing how well the Client will perform, as we do not know the Client's financial position, investment experience, risk tolerance, decision-making ability, due diligence practices, or financial management skills. Therefore, we do not guarantee or imply that the Client will achieve profitable returns, that the Client will perform as well as any examples provided, or that the Client will have any positive investment outcomes at all.
Property investment and development involve substantial risks and are not suitable for everyone. The Client may not rely on any information presented or otherwise provided by us, unless the Client does so with the knowledge and understanding that the Client can experience significant financial losses (including, but not limited to, the loss of any monies paid for our services, and/or any monies invested in property acquisition, development costs, construction expenses, holding costs, and further, that the Client may have no positive returns or may experience capital losses).
(iii) Forward-Looking Statements
Materials provided by us or communications made during the engagement may contain information that includes or is based upon forward-looking statements. Forward-looking statements give expectations or forecasts of future property market conditions, investment performance, or development outcomes. The client can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "potential," "forecast," "believe," and other words and terms of similar meaning in connection with descriptions of potential investment returns, rental income, or property performance.
Any and all forward-looking statements provided by our organisation are intended to express professional opinion regarding potential investment outcomes based on current market conditions and available information. Many factors will be important in determining the client's actual results and no guarantees are made that the client will achieve results similar to any examples provided or projections discussed. In fact, no guarantees are made that the client will achieve any positive results from the information, services, or strategies provided.
(iv) Due Diligence
The Client is advised to conduct comprehensive due diligence when making property investment and development decisions and should exercise caution and seek the advice of qualified, licensed professionals. The Client should consult with their accountant, financial advisor, lawyer, building inspector, property valuer, town planner, or other professional advisors, before acting on any information or services provided by us. The Client may not consider any examples, documents, reports, assessments, or other content provided by us to be the equivalent of professional financial, legal, or taxation advice. Nothing provided by our organisation constitutes professional financial advice, legal advice, or taxation advice in any way as defined under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth), or any other applicable Commonwealth, State, or Territory legislation. The Client should consult with their own qualified, licensed professionals for any questions regarding their specific circumstances.
We assume no responsibility for any losses, damages, or adverse outcomes resulting from the Client's use of any information, service, recommendation, or opportunity provided by us in any form whatsoever.
(v) Service Fees
Although we believe the fees charged are fair for the value and services provided, the Client understands and agrees that the service fees have been determined by us based on the scope and nature of services rendered. These fees have been set at our discretion. The Client acknowledges that fees are accepted as fair consideration for professional services provided.
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(vi) Australian Consumer Law
These terms are subject to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Trade Practices Act 1974 (Cth), and any applicable State or Territory fair trading legislation including the Fair Trading Act. Nothing in this disclaimer is intended to exclude, restrict, or modify any consumer guarantees, statutory rights, or remedies that cannot be lawfully excluded under the Australian Consumer Law or other applicable legislation.
However, to the extent permitted by law, all conditions, warranties, and guarantees, whether express or implied by statute, common law, or otherwise, are expressly excluded. Where any applicable law implies a condition, warranty, or guarantee that cannot be excluded, and we are able to limit liability for breach of that condition, warranty, or guarantee, then our liability for such breach is limited to, at our option: in the case of services, the re-supply of the services or payment of the cost of having the services re-supplied.
This disclaimer is also subject to applicable State and Territory legislation, including but not limited to the Building Act, Building Regulations, Domestic Building Contracts Act, Planning and Environment Act, Sale of Land Act, Estate Agents Act, Property Law Act, and any other relevant legislation in the jurisdiction where services are provided or property is located.
(vii) Governing Law
This disclaimer and the provision of services are governed by the laws of the State of Victoria, Australia. The Client irrevocably submits to the exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.
(viii) Service Specific Disclaimers
Project Oversight: The Service Provider monitors construction progress and communicates with builders but does not guarantee builder performance, workmanship quality, timeline adherence, or specification compliance. Observations are based on visual inspections, not technical engineering assessments or materials testing. The Client remains responsible for all builder contracts. The Service Provider is not liable for construction defects, delays, cost overruns, or non-compliance. Oversight services do not replace mandatory building inspections, engineer certifications, or building surveyor assessments required under the Building Act and Building Regulations (State/Territory).
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Site Assessment: All site assessments are based on available information and may change due to planning scheme amendments, zoning regulation changes, or council policy modifications. The Service Provider relies on third-party consultant opinions. Planning regulations under the Planning and Environment Act (State legislation) are subject to change. No guarantee is made regarding site suitability, planning approval receipt, or development outcome achievement. The Client must conduct comprehensive due diligence including soil testing, contamination assessments, heritage checks, bushfire attack level (BAL) assessments, flood studies, and obtain independent planning advice.
Design Management: The Service Provider coordinates the design process but is not a registered architect or professional engineer. All designs must be prepared, certified, and approved by qualified registered professionals in accordance with the Building Act, Building Code of Australia (National Construction Code), and relevant Australian Standards. The Service Provider is not responsible for design errors, omissions, non-compliance, or functionality issues.
Turnkey Solutions: The Client remains the principal and is responsible for all decisions, contracts, and financial commitments. The Service Provider coordinates the project but is not a party to Client contracts with builders, consultants, or suppliers. The Service Provider is not liable for third-party performance, delays, errors, or defaults. Unforeseen circumstances, regulatory changes, or site conditions may affect the project and are beyond the Service Provider's control.
Buyers Advocacy: As a licensed real estate agent, the Service Provider assists with property acquisition. All property assessments and recommendations are opinions based on available information and may be incomplete or subject to change. The Service Provider is not responsible for property defects, issues, or problems. The Client must conduct comprehensive due diligence including building and pest inspections, title searches, planning checks, legal reviews, and property valuations. No representations or warranties are made regarding property values, capital growth, rental returns, or investment performance.
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