Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Melbourne Property Valuations ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms apply to all visitors, users, and others who access or use our services, including but not limited to our website, software applications, and consulting services.

2. Services Description

Melbourne Property Valuations provides professional property valuation services including residential, rural, and specialist property valuations for sales, purchases, financing, legal matters, and estate planning.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Property Inspection Access

For full property valuations, you agree to provide our valuers with reasonable access to the property during normal business hours or at a mutually agreed time. This includes:

• Safe and unobstructed access to all areas of the property, including internal rooms, garages, sheds, and external structures
• Access to any relevant documentation such as building plans, certificates of occupancy, or renovation permits
• Ensuring pets are secured and do not pose a risk to our valuers
• Providing a contact person on-site or nearby during the inspection

If access is denied or restricted, we reserve the right to note limitations in our report or decline to complete the valuation. Additional fees may apply for re-inspections due to access issues.

For tenant-occupied properties, you are responsible for arranging appropriate notice to tenants as required under the Residential Tenancies Act 1997 (Vic).

4. Valuation Report Limitations

Our valuation reports are prepared for the specific purpose stated at the time of instruction. You acknowledge and agree that:

• The valuation reflects market value as at the date of valuation only and may not remain accurate over time
• Our assessment is based on information provided to us and publicly available data, which we assume to be accurate
• We do not provide structural, engineering, pest, or building condition reports unless specifically engaged to do so
• Environmental contamination, soil conditions, and hidden defects are beyond the scope of a standard valuation
• The report is confidential and may only be relied upon by the named addressee(s) for the stated purpose
• Reproduction or distribution of the report to third parties requires our prior written consent

Our valuations are opinions based on professional judgment and market analysis. Actual sale prices may differ from assessed values due to market fluctuations, negotiation outcomes, or undisclosed factors.

5. Lender and Mortgage Valuations

For valuations commissioned for mortgage or lending purposes, the following additional terms apply:

• The valuation is prepared primarily for the benefit of the lending institution and may be subject to their specific requirements
• Acceptance of our valuation by any lender is at the lender's sole discretion
• We maintain professional indemnity insurance and are members of recognised professional bodies as required by major lenders
• The lender may impose conditions, request amendments, or reject the valuation based on their internal policies
• We are not liable for any lending decision made by financial institutions based on our valuation

Our valuers are Certified Practising Valuers (CPV) registered with the Australian Property Institute (API) and are on the panel of most major Australian banks and lenders. However, panel membership is subject to change without notice.

If a lender-specific valuation format is required, please advise us at the time of booking to ensure compliance with their requirements.

6. Desktop and Kerbside Valuations

Where a desktop or kerbside valuation is requested, you acknowledge the following limitations:

• Desktop valuations rely solely on publicly available data, historical records, and comparable sales without any property inspection
• Kerbside valuations include external inspection only; internal condition is assumed based on property age and type
• These valuations may not be suitable for all lending purposes and may carry a wider margin of uncertainty
• Any undisclosed renovations, extensions, damage, or condition issues will not be reflected in the assessment

We recommend full internal inspections for high-value transactions, legal matters, or where property condition is uncertain.

7. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

8. Intellectual Property Rights

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and source code, are owned by Melbourne Property Valuations or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Custom solutions developed for clients remain subject to separate written agreements. Unless otherwise specified in a written agreement, we retain all intellectual property rights in our methodologies, frameworks, and pre-existing tools.

9. Client Data and Confidentiality

We respect the confidentiality of your business data. Any confidential information shared with us will be protected in accordance with industry standards and applicable data protection laws, including the Australian Privacy Act 1988, GDPR, and other relevant regulations.

You retain all rights to your data and confidential information. We will only use such data to provide our services and will not disclose it to third parties except as required by law or with your explicit consent.

10. Payment Terms

Payment terms will be specified in individual service agreements. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD) and are exclusive of applicable taxes.

Late payments may incur interest charges as permitted by law. We reserve the right to suspend services for non-payment after providing reasonable notice.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Melbourne Property Valuations shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

12. Warranties and Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We make no warranties regarding the accuracy, reliability, or completeness of any content or results obtained through our services.

13. Indemnification

You agree to indemnify, defend, and hold harmless Melbourne Property Valuations, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from your use of our services or violation of these Terms.

14. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice, for any reason including violation of these Terms.

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in Melbourne, Victoria, Australia, in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules.

For international clients, we will make reasonable efforts to resolve disputes through alternative dispute resolution mechanisms appropriate to your jurisdiction while maintaining compliance with applicable international laws.

16. International Compliance

We conduct business in compliance with international laws and regulations, including but not limited to:

• Australian Privacy Act 1988 and Australian Privacy Principles (APPs)
• European Union General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
• UK Data Protection Act 2018
• Personal Information Protection and Electronic Documents Act (PIPEDA) - Canada

17. Export Control

Our services and any related technical data may be subject to Australian and international export control laws. You agree to comply with all applicable export control regulations and not to export, re-export, or transfer our services to prohibited countries, entities, or persons.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

19. Contact Information

For questions about these Terms, please contact us at: