Terms & Conditions
Reviews Competition Terms and Conditions:
- To the extent of any inconsistency between these Terms and Conditions and any other reference to this Competition, these Terms and Conditions prevail.
- The Competition commences at 9:00am Australian East Standard Time (AEST) on the first day of the relevant quarter when a review is received into the review database, and ends at 11:59pm AEST on the final day of month at the end of each quarter, running for a total of 3 calendar months (Promotion Periods) on each occasion.
Entries submitted and received by Robbins Conveyancing (the Promoter) after this time will not be accepted. The time of entry will in each case be the time which the online entry is received by the Promoter’s database, not the time of transmission by the entrant.
- The Competition is open to Australian residents aged 16 years and over who enter during the Promotion Period.
HOW TO ENTER:
- To enter the Competition, eligible entrants must, during the Promotion Period:
a) Post a review on either the Robbins Conveyancing Google Business profile or on the Robbins Conveyancing Facebook page; and
b) submit a valid Rating/Review about a product currently sold to the entrant by the Promoter; and
c) register their details including (but not limited to) full name and e-mail address.
- Entrants may enter the Competition multiple times during the Promotion Period. Each entry must be a unique valid Rating/Review about a product currently sold by the Promoter.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and proof of purchase), and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions or who otherwise tampers with the entry process. Manifest errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Incomplete, indecipherable or illegible entries will be deemed invalid at the Promoter’s absolute discretion. The Promoter accepts no responsibility for any incorrect, incomplete, lost, late or misdirected entries.
- If there is a dispute as to the identity or details of any entrant, the Promoter reserves the right to determine, at its sole discretion, the identity or details of that entrant.
- The Promoter’s decision is final and no correspondence or communication will be entered into in relation to such decision or associated process.
- There will be 1 winner of the prize for each promotional period. This Competition is a game of chance and an entry will be drawn from random entries that have been submitted during the Promotion Period. The Promoter reserves the right, at its discretion, to draw additional valid reserve entries and record them in order in the case of an invalid entry or where an ineligible entrant is drawn.
- The winner will be notified by post to the address last recorded as their postal address by Robbins Conveyancing. The winner’s name and the winning entry may be published on the Promoter’s social media platforms, and in any other Promotional Material the Promoter deems relevant. Entrants consent to their details and entry being published in these circumstances.
- The prize must be redeemed within 10 days of the winner’s announcement and redemption is subject to product availability. If a winner does not claim their prize within the prescribed time, then they will forfeit their prize and the prize will be awarded to the next eligible entry submitted in accordance with these Terms and Conditions.
- The total prize pool value for the entire Promotion Period is AUD $50 (inclusive of GST).
- The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. If, for any reason, any of the specified prizes (or any part of them) are unavailable or out of stock, the Promoter reserves the right to replace them with something of similar value and/or specification. The Promoter further accepts no responsibility of the prize is lost in the mail or by the recipient.
- Independent financial advice should be sought, as tax implications may arise as a result of accepting the prize.
- Prizes, or any unused portion of a prize, or any part thereof, are not transferable, saleable or exchangeable and cannot be taken or redeemed as cash or equivalent. Prizes must be taken as offered and cannot be varied.
- It is a condition of accepting the prizes that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
- The prize will be delivered to the nominated mailing address of the winner to any State/Territory and/or city/suburb in Australia.
- Entrants agree that they are fully responsible for the entry which they submit, including any entry content (such as text, images, photos and videos) and any accompanying comments (Submission). The Promoter shall not be liable in any way for such Submission to the fullest extent permitted by law. The Promoter may remove any Submission without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Submission that is unlawful or fraudulent, or that the Promoter could reasonably deem to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior written consent from any person that appears or is personally identifiable in their Submission; (c) they will obtain full prior written consent from any person who has jointly created or has any rights in the Submission to the uses and terms herein; (d) their Submission does not contain viruses and will not cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including, without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
- Entrants consent to the Promoter using the entrant’s name and likeness in any media for an unlimited period without remuneration for the purposes of promoting this Competition (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter and their related bodies corporate.
- Any cost associated with accessing the promotional website situated at robbinsconveyancing.com.au is the entrant’s sole responsibility and is dependent on the Internet service provider used. The Promoter accepts no responsibility for entrants’ use (or attempted use) of the website.
- If, for any reason, this Competition is not capable of running as planned, including, but not limited to, as a result of tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right, at its sole discretion: (a) to disqualify any entrant who tampers with the entry process; or (b) to cancel, terminate, modify or suspend the Competition, as appropriate. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter also reserves the right, at its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to cancel, terminate, modify or suspend the Competition, as appropriate.
- The Promoter does not exclude any rights or remedies in respect of goods or services which cannot be excluded, restricted or modified by law. However, to the fullest extent permitted by law, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence) for any personal injury or any loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:
a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b) any theft, unauthorised access or third party interference;
c) any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or otherwise);
d) any variation in prize value or specification to that stated or referred to in these Terms and Conditions;
e) any tax liability or similar charge incurred by the winner; or
f) use of a prize by the winner.
- The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or any other event beyond its control and, in these circumstances, the Promoter may, at its absolute discretion, cancel the Competition (without liability) and, if it elects to do so, recommence it from the start on the same conditions.
- Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms, conditions or warranties.
- All entries become the property of the Promoter (including any intellectual property rights comprised therein). All opt-in entries will be entered into a database and the Promoter may use the entrants’ names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid, unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter via the details set out below. Any request to update, modify or delete the entrant’s details should also be directed to the Promoter.
- The Promoter is Robbins Conveyancing Group Pty Ltd (ABN: 88622296495).
If you have any questions regarding these Terms and Conditions, the Promoter may be contacted by email email@example.com or by telephone on 08 8490 0797.
Robbins Conveyancing General Terms and Conditions of Buiness
These are the Robbins Conveyancing Terms and Conditions are set out below and are the basis on which we will provide our professional services.
We are Robbins Conveyancing. You are the client.
We are authorised, unless otherwise agreed, to take such action as we think necessary to obtain the required result. We shall not refer to the client for specific instructions every time we take a step. If, therefore, there is a limit to what we are required to do, we must be notified of this in advance.
Services to be provided
When you are selling, our services include, but are not limited to:
- Preparation of the contract (if the transaction is negotiated privately);
- Preparation of the Form 1 Vendor’s Statement in accordance with Section 7 and Section 8 of the Land and Business (Sale and Conveyancing) Act 1994;
- Ordering of government prescribed searches under the Land and Business (Sale and Conveyancing) Act 1994;
- Discharging your mortgage;
- Attending to all the searches required;
- Adjustment of the rates and taxes to be paid up to the date of settlement;
- Attending to settlement;
- Distributing the proceeds of the sale in accordance with your instructions; and
- Advising the rating authorities of the change in ownership.
When you are buying, our services include, but are not limited to:
- Preparing the contract (if the transaction is negotiated privately);
- Liaising with your lending institution where required;
- Attending to all the searches required;
- Ensure that the title to the property is unencumbered and deal with any matters that are outstanding;
- Adjusting the rates and taxes that need to be paid;
- Attending to settlement;
- Advising the rating authorities of the change in ownership;
- Offering advice on your contract and other documentation;
- Attending to the payment of Stamp Duty and advising you on available concessions; and
- Advising you about Joint Tenants and Tenants in Common ownership.
Form 1 Preparation:
Preparation of a Form 1 Vendor’s Statement is subject to you completing the Form 1 Questionnaire and Payment Authority with all relevant information relating to the property. We are not liable or responsibility for any changes you make to the Form 1 Vendor’s Statement once received from us. We provide no warranty as to the accuracy of the details provided in the Form 1 Questionnaire and Payment Authority and it is the responsibility of the Vendor to check the Form 1 Vendor’s Statement for any errors before signing it. You must advise us immediately if there are any errors in the Form 1 Vendor’s Statement so that we can amend accordingly.
Whilst Robbins Conveyancing make every effort to prepare the Form 1 Vendor’s Statement within 48 hours of receipt of all government prescribed searches, we give not guarantee as to the period of time that it takes for the government prescribed searches from the various departments to respond to our requests, once they have been ordered. The Form 1 Vendor’s Statement will be provided to the Vendor and/or their Agent upon completion via email as a PDF attachment.
By completing and signing the Form 1 Questionnaire and Payment Authority, you are indemnifying Robbins Conveyancing from any liability as a result of any claims or use of the Form 1 and any loss or damage suffered as a result of any circumstances in relation to the Form 1 Vendor’s Statement and its use(s).
The Form 1 Vendor’s Statement is current at the time of receipt by the Vendor, or by their Agent. Robbins Conveyancing Group cannot be held liable for amendments to legislation and changes to the government searches or information provided by the Vendor between the time of signing the Form 1 and serving the Form 1. In order for the government searches to be accurate at the time of serving the Form 1 Vendor’s Statement, updates must be ordered on government searches. If the Vendor or the Agent fail to request updated searches or the Vendor does not agree to pay for updated searches, the Form 1 may be deemed defective and Robbins Conveyancing Group cannot be held liable. All documents provided by us are intended for the use of the client(s) or their Agent for the purpose of selling the property and must not be used for any other purpose(s) unless authorised by us in writing.
Charges and Expenses
Professional Fee: This is the fee which applies to the usual tasks undertaken for transactions of this type and include checking Contract and other documentation and advising of any implications, checking Statutory Searches, attending to the preparation of documents usually required to transfer the property, liaising with the Real Estate Agent and Purchaser’s Conveyancer, liaising with your financial institution in relation to your mortgage, preparing a Settlement Statement and undertaking all relevant financial calculations, coordinating and attending settlement at the Lands Titles Office, advising you once settlement has occurred and notifying the real estate agent that settlement has taken place. Robbins Conveyancing can provide you with a detailed quote for your transaction. This fee also includes the costs of disbursements that will be incurred as part of our service to you, for such things as postage, file storage (for a minimum of 7 years), courier costs, faxing, telephone usage, etc.
Government prescribed searches: Often there will be a need to order government prescribed statutory searches where enquiries need to be made on your behalf to prepare the appropriate forms to transfer ownership of the property. These costs are additional and your conveyancer can advise you further what cost will apply.
Verification of Identity and Authority: New legislation now requires your conveyancer (or an agent appointed by the conveyancer) to verify the identity of each client through a face to face interview and must certify each document lodged with the Lands Titles Office. They must also verify that you have the authority to enter into the transaction.
Econveyancing: National Electronic Conveyancing (NEC) provides a single system for online completion of real property transactions and lodging LTO dealings within Australia. It is a fast, accurate and efficient method of conducting transfers. If your transaction is completed with Electronic settlements via PEXA there is an additional fee payable.
Stamp Duty and Registration Fees: Stamp duty and registration fees are usually payable on the purchase of property. You will be notified of an estimate of this amount in due course.
Priority Notice: A Priority Notice is a notice that is lodged against a Certificate of Title or Crown Lease to reserve priority for a pending transaction that will affect that land. Although they are not mandatory it is advisable that they are lodged to reserve priority for your pending transaction. They are effective for 60 days from the date of lodgment and can be extended for a further 30 days. Your conveyancer will lodge a Priority Notice on your behalf unless you advise us otherwise.
Additional charges: Undertaking a conveyance (transfer of property) is not a simple task. It is a complex task that requires special skill and knowledge. All listed fees are estimates. If your transaction requires further work due to a complex matter that may arise, we have the right to charge an additional fee. Should this be the case, we will advise you in writing before any additional work is conducted and explain why the additional work is necessary.
Where, for any reason, a matter does not proceed to completion, we will be entitled to charge you for work done and for expenses incurred. Property sales and purchases which fail to complete often involve as much work as those which reach completion.
Goods and Services Tax (GST)
The Vendor and Purchaser has not and does not seek GST advice from the Conveyancer as to the GST implications of or in relation to the sale or purchase of property in which the Conveyancer acts for the Vendor or Pruchaser from time to time under this agreement. The Conveyancer disclaims any GST liability or any other liability the Vendor or Purchaser or any other party has that arises as a result of the imposition of GST, a misunderstanding or a mistake as to the application of GST arising out of or in relation to the sale or purchase of the property by the Vendor or Purchaser. The Vendor or Purchaser frees and releases the Conveyancer from all liability and claims arising from the imposition of GST, a misunderstanding, or a mistake by the Vendor or Purchaser as to the application of GST arising out of or in relation to the sale or purchaser of the property.
We will deliver a settlement statement following completion of settlement. If sufficient funds are available on completion of your settlement we will deduct our charges and expenses from the funds. If a bill is delivered due to insufficient funds at the time of settlement, payment is to be made within 7 days of the date of invoice. If the bill remains unpaid, we reserve the right to take credit action. We reserve the right at all times to suspend action on the client’s matter if these arrangements have not been followed.
Deferred payment for searches and Form 1 preparation – If you have elected to pay for the government searches and Form 1 preparation at the time of settlement, or 90 days after the government searches are ordered, whichever is the later, then an invoice will be issued to you and payment is to be made within 7 days of the date of invoice. If the tax invoice remains unpaid, we reserve the right to take credit action including, but not limited to, lodging a caveat on your property until the invoice is paid. Any fees for lodgement or withdrawal of a caveat will be added to the invoice and will be required to be paid by you. We reserve the right at all times to suspend action on this matter if these arrangements have not been followed.
Communication between you and us
We will aim to communicate with clients by such method as they may request. Unless instructed otherwise, we will communicate with others when appropriate by e-mail, fax or other electronic means, but we cannot be responsible for the security of correspondence and documents sent by such media. Property transfers are conducted within a specific timeframe and often the receipt of documents is of a matter of urgency. If we request documentation or the return of documents from you and they are not received within the required timeframe, we will phone you to remind you of the urgency. Should we continue to contact you and the necessary documentation is still not returned to us, we hold no responsibility or liability for the delay in transactions as a result of this.
Speaking to your lender
We are also acting for your proposed lender in this transaction. This means we have a duty to make full disclosure to the mortgagee of all relevant facts relating to you, your purchase and mortgage. This will include disclosure of any discrepancies between the mortgage application and information provided to us during the transaction and any cashback payments or discount schemes which a seller is providing you. If a conflict of interest arises, we must cease to act for you in this matter.
Most Lands Titles Office instruments are no longer signed by the parties to the transaction, rather your conveyancer will sign the instruments on your behalf. Your conveyancer will need to obtain a Client Authorisation from you which will give the subscriber authority to act for the client in the conveyancing transaction.
Certificates of Title
A Certificate of Title is an official record of land ownership in South Australia. There are no longer Duplicate Certificates of Title, so you will receive only a registration confirmation once your transaction has been registered with the Lands Titles Office.
Storage of papers and documents
Concluded files will in our discretion be stored. Where stored a file of papers is kept in storage for not less than seven years. After that, storage is on the clear understanding that we have the right to destroy papers after such period as we consider reasonable.
Identity, disclosure and confidentiality of business
All advice given to clients is entirely confidential, unless disclosure by law is required, in which case we hold no responsibility for financial loss as a result of compliance with law. Acceptance of these terms and conditions by any client is deemed to include consent to such disclosure, which may be withdrawn by you in writing at any time.
Where we have been instructed to order government prescribed searches in accordance with the Land and Business (Sale and Conveyancing) Act 1994, please ensure that you have provided the correct property address as once searches are requested and an ordered has been placed, no refund will be available. If you cancel the order for the government prescribed searches before the order has been place, no charges will be made.
Instructions may be terminated at any time. Termination of instructions must be in writing, to be effective. We will be entitled to keep all papers and documents while there is money owing to us for our charges and expenses. However, if we start work with consent of the client within that period, the client is responsible for the fees and charges incurred up until the time of termination. If it is sought to withdraw instructions, notice should be given by telephone, e-mail or letter as soon as possible.
Tax and financial planning advice
Any work that we do for clients may involve tax implications or necessitate the consideration of tax planning strategies. We are not authorised to give financial or tax advice and any such advice must be sought from an independent accountant or financial advisor. It is the responsibility of the client to seek this advice at their own discretion and cost.
We will not carry out a physical inspection of the property. We will not advise on the valuation of the property nor the suitability of your mortgage nor any other financial arrangements. We will not advise on environmental liabilities where we shall assume, unless you tell us in writing to the contrary, that you are making your own arrangements for any appropriate environmental survey or investigations.
Professional Indemnity Insurance and Limit of our Liability
We hold current Professional Indemnity Insurance with MARSH PTY LTD. Our liability is limited to the maximum sum of Professional Indemnity Insurance cover (1.5million).
Trust accounting administration fee
Where we do not receive mutual instructions in regards to disbursement of funds at settlement and are required to hold settlement proceeds in the Robbins Conveyancing Trust Account pending mutual agreement and/or court orders, we will charge an administration fee of $22 per month including GST, there will also be additional charges where we are required to reproduce settlement statements and liaise with solicitors and other parties.
Electronic Signatures and Documents
As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your matter. Our goal is to provide you with as many options as possible for receiving your documents, including paper, attachments to emails and via Adobe E-Sign. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. Where you have consented to the use of electronic signatures in our Letter of Engagement, and where prior instructions have been provided to you by Robbins Conveyancing, we may send documents to you to sign via Adobe E-Sign. This also means that you consent to receipt of documents via Adobe E-Sign that have been signed electronically by other parties. You also consent to us sending documents to you via email and other forms of electronic communication, including, but not limited to, fax and text messages.
Terms and conditions of business
If you require clarification on any of these points please do not hesitate to let us know. Unless otherwise agreed, these terms and conditions of business shall apply to any future instructions given to this practice. Once the Letter of Engagement and Confirmation of Details or the Form 1 Vendor’s Statement Questionnaire and Payment Authority has been signed, we will proceed with your instructions on the assumption that you accept our terms and conditions.
By accepting these Terms & Conditions, you acknowledge that the Terms & Conditions may be varied from time to time. Notice of the variation will be by way of electronic notice on our website and is binding on all clients.