Legal

Terms and Conditions of Use

By using our website, you accept and agree to be bound by, our terms and conditions of use. We may change our terms from time to time if we need to. By using our website you accept our terms and conditions of use as they apply from time to time.

General

Our Knowledge Centre contains lots of information which you may find interesting and useful. However, it only provides a general summary of the matters set out and it is not comprehensive. The information in the Knowledge Centre is not legal advice and it should not be relied on as advice. If you need or would like advice specific to your particular circumstances please visit our Advice Centre.  At the moment, Clarity is Victorian based and the information in the Knowledge Centre is primarily for Victorian property buyers.

Although we aim to ensure the content in the Knowledge Centre is always accurate and up-to-date, there may be errors or other reasons which could affect the currency or accuracy of information.

Similarly, our articles, though current at the time of writing in Victoria, may over time no longer reflect the current position of the law. Using the general information on our website, does not create a solicitor-client relationship between us.

Our Fees

Our fees are shown in our Advice Centre and Transfer Centre (Fees) and are inclusive of Good and Services Tax (GST) and most out of pocket expenses (Disbursements).

Once you register in our Advice Centre or Transfer Centre, we will also send you a costs disclosure statement which sets out our Fees.

Disbursements which are included in our Fees cover most property and titles searches which we need in order to complete your transfer.

However, the following Disbursements are required in some transactions only. If you need any of the items below as part of your transaction, then you will incur additional expenses:

  • Owners Corporation Certificate; (where there is an Owners Corporation);
  • Company Search; (where vendor or purchaser is a company);
  • Plan of Sub Division (if necessary or requested by you);
  • Nomination Documents (if you nominate a substitute or additional purchaser);
  • More than one title search

Our Fees are designed to meet the conveyance cost to transfer your property to you on your scheduled settlement date. Our Fees are payable on or before your scheduled settlement date, even if you do not settle for any reason.

If you do not complete settlement on the scheduled date or if you otherwise default under your contract of sale, our Fees will increase to take into account any further work that is required and we will give you an estimate of our increased fees at that time.

Intellectual Property

We own the copyright and other intellectual property rights in the content of this website. We make that content available for you to view, however, you must not infringe our rights. You may browse, print or share our content for your personal (non-commercial) use only. However, you must not reproduce any part of our website for any other purpose without obtaining our prior written consent which we can provide or withhold at our absolute discretion.

Password

If you register with Clarity, you will receive an email confirming the creation of your registration with us. Activating your registration with us requires the creation of a password. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur using your password.

You represent and warrant to us that all contact and personal information provided to us during the registration process and otherwise will be accurate and complete. If there are any changes to your contact information, you must promptly update your registration information and contact details. You agree to immediately notify us of any unauthorised use of your password.

 Links to Other Web Sites 

Our website contains links to other web sites.  We are not responsible for the content, accuracy or opinions expressed in those web sites. We do not investigate, monitor or check those websites for accuracy or completeness, nor do we maintain any editorial or other control of those web sites.  The inclusion of a link to an external website does not imply approval or endorsement of the linked website by us. Your access to any third-party websites, is solely at your own risk.

Exclusion of liability

To the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to our website or any content or services provided or made available through the website.

Credit Card Payments

You represent and warrant that where you use a credit card on our website, then:

  • any credit information you supply is true and complete;
  • charges incurred by you will be honoured by your credit card company, and
  • you will pay the charges incurred by you, including any applicable taxes.