Terms and Conditions

Issued by: Local Advisory Services Pty Ltd (trading as Analyse My Property). ABN: 59 650 585 194. Registered Address: Sydney NSW, Australia. Contact: info@analysemyproperty.au

1. Preliminary

1.1 These Terms and Conditions (“Guarantee Terms”) govern the 100% Satisfaction Guarantee (“Guarantee”) offered by Local Advisory Services Pty Ltd (ABN: 59 650 585 194), trading as Analyse My Property (“the Company”, “we”, “us”, “our”).

1.2 By purchasing a Professional Property Analysis Report (“Report”) from the Company, the client (“you”, “Client”) acknowledges and agrees to be bound by these Guarantee Terms.

1.3 These Guarantee Terms are to be read in conjunction with the Company’s General Terms and Conditions of Service and Privacy Policy, available at analysemyproperty.au. In the event of any inconsistency, these Guarantee Terms shall prevail to the extent of the inconsistency as they relate to the Guarantee.

1.4 Nothing in these Guarantee Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“ACL”), including any applicable consumer guarantees. To the extent that any provision of these Guarantee Terms is inconsistent with the ACL, the ACL shall prevail.

2. Eligible Services

2.1 The Guarantee applies exclusively to the following fixed-fee residential packages purchased directly through the Company’s website at analysemyproperty.au:

• (a) Granny Flat & Studio Residential Package;
• (b) Single & Two Storey Residential Package; and
• (c) Large Multi Dwelling Residential Package.

2.2 The Guarantee does not apply to any bespoke, customised, or third-party referred engagements unless expressly confirmed in writing by the Company.

3. Scope of the Guarantee

3.1 Subject to the conditions set out in clause 4 and the exclusions set out in clause 5, the Company guarantees that each Report will contain the core deliverables specified in the relevant package description at the time of purchase, including but not limited to:

• (a) a written analysis of applicable zoning requirements and planning controls;
• (b) identification of relevant council overlays, easements, and environmental constraints; and
• (c) a professional hand-drawn site sketch illustrating how the proposed development may be orientated on the subject property.

3.2 If the Report delivered to you materially fails to include the core deliverables described in clause 3.1, you may be entitled to a full refund of the purchase price paid, subject to the conditions and exclusions set out in these Guarantee Terms.

4. Conditions for Claiming the Guarantee

4.1 To be eligible to make a claim under the Guarantee, all of the following conditions must be satisfied:

• (a) Written Claim: The refund request must be submitted in writing to info@analysemyproperty.au, including the subject property address, proof of purchase, and a detailed explanation of the specific deliverables alleged to be missing or materially deficient;
• (b) Timeframe: The written claim must be received by the Company within fourteen (14) calendar days of the date on which the completed Report was delivered to you;
• (c) No Prior Use: You must not have used, relied upon, or submitted the Report, any accompanying site sketches, or the Design & Approval Quotation in connection with the formal lodgement of a Development Application (DA), Complying Development Certificate (CDC), or any other approval application with a local council, private certifier, or government authority; and
• (d) Good Faith: The claim must be made in good faith. The Company reserves the right to decline a claim where it has reasonable grounds to believe that false or misleading information was provided during the order process, or that the Guarantee is being invoked otherwise than in good faith.

4.2 Failure to satisfy any one of the conditions in clause 4.1 will render the Client ineligible for a refund under the Guarantee.

5. Exclusions

5.1 The Guarantee expressly does not apply in the following circumstances:

• (a) Change of Mind: The Client has changed their mind about pursuing the proposed development or about purchasing or retaining the subject property;
• (b) Unfavourable Planning Outcomes: The Report discloses that the Client’s proposed development is not permissible, or is restricted, under applicable council or state planning legislation, policies, or regulations. The Company notes that the identification of planning constraints or development limitations constitutes a valuable and substantive deliverable of the Report, and such findings do not constitute a failure of the service;
• (c) Inaccurate Client Instructions: The Report was prepared on the basis of instructions, information, or property details provided by the Client that were inaccurate, incomplete, or misleading;
• (d) Post-Delivery Regulatory Changes: Any change in planning legislation, council policy, or government regulation occurring after the date of delivery of the Report;
• (e) Third-Party Delays or Failures: Any delay or failure attributable to local councils, government authorities, utility providers, or other third parties in supplying data or information required for the preparation of the Report; and
• (f) Consequential Loss: The Guarantee is limited to a refund of the purchase price paid. The Company accepts no liability for any indirect, consequential, or economic loss arising from the contents of, or reliance upon, the Report.

6. Claims Process

6.1 To initiate a claim under the Guarantee, the Client must:

• (a) send a written claim to info@analysemyproperty.au within the timeframe specified in clause 4.1(b);
• (b) include in the claim: the Client’s full name, contact details, subject property address, order reference number, and a clear description of the specific deliverables alleged to be missing or materially deficient; and
• (c) provide any supporting documentation reasonably requested by the Company to assess the claim.

6.2 The Company will acknowledge receipt of the claim within two (2) business days and will provide a written determination within five (5) business days of receiving all information required to assess the claim.

6.3 If the claim is approved, the Company will process a full refund of the purchase price to the Client’s original payment method within ten (10) business days of the determination.

6.4 If the claim is declined, the Company will provide written reasons for the decision.

7. Dispute Resolution

7.1 If the Client is dissatisfied with the Company’s determination under clause 6.4, the Client may escalate the matter by contacting the Company in writing at info@analysemyproperty.au, requesting a senior review.

7.2 If the dispute remains unresolved following the senior review, either party may refer the matter to NSW Fair Trading or seek resolution through the NSW Civil and Administrative Tribunal (NCAT), as applicable.

8. Governing Law

8.1 These Guarantee Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

9. Amendments

9.1 The Company reserves the right to amend these Guarantee Terms at any time. Any amendments will take effect from the date of publication on the Company’s website. Amendments will not affect claims submitted prior to the date of amendment.

For enquiries, contact info@analysemyproperty.au.