Terms & Conditions

Please read the CheckedOut terms and conditions below.

CheckedOut’s Role

1. CheckedOut acts as an intermediary, connecting Vendors, Real Estate Agents and Purchasers to independent Property Reports.

2. In acting as an intermediary, CheckedOut is not a property inspector, does not carry out property inspection services and is not qualified to do so.

3. CheckedOut is not responsible in anyway for the Property Report and does not act as agent for the Vendor, Purchaser, Property Inspector or Real Estate Agent.

Vendor & Real Estate Agent Acknowledgments

4. The Vendor and Real Estate Agent agree that CheckedOut is not their agent and any Property Report prepared for their Property is prepared by the Property Inspector for the Vendor.

5. CheckedOut does not warrant or guarantee that it will be able to engage a Property Inspector.

6. The Vendor and Real Estate Agent agree that they will not reproduce, copy, distribute, or publish the Property Report.

Purchaser Acknowledgments

7. The Purchaser agrees that:

a. CheckedOut is not the Purchaser’s agent.
b. It will not reproduce, copy, distribute, disclose or publish the Property Report to any other Person; and
c. It will only use the Property Report for its due diligence in purchasing the Property.
d. It may not be the final purchaser of the Property.

8. The Purchaser is solely responsible for, and CheckedOut has no liability for, ensuring that the Property Report is for:

a. the Property it is considering purchasing; or
b. a Property still on the market for sale.

9. If before the expiry of 90 days from the date of the Property Report either:

a. The Purchaser enters a sale and purchase agreement with the Vendor (whether conditional or unconditional); or
b. The Purchaser requests in writing, then the Property Report will be addressed to the Purchaser when the Purchaser makes payment of the Report Fee as required pursuant to clause 10 (g).

Payment for Property Report

10. Unless clause 11 applies then payment for the Report Fee will be as follows:

a. The Vendor will pay CheckedOut an initial fee for requesting the Property Report;
b. The initial fee will be paid by the Vendor by credit card payment and the Vendor agrees to CheckedOut may place a hold on the Vendor’s credit card (“Credit Card”) for an amount equal to the Report Fee;
c. CheckedOut will pay for the Report Fee;
d. The Vendor agrees that it will reimburse CheckedOut for the Report Fee in the event that either:
- i. The Property Inspector cancel’s his or her engagement for any reason;
- ii. The Vendor cancels the Property Report request;
- iii. The Property is taken off the market for sale; or
- iv. 30 days has expired from the date the hold is placed on the Credit Card, whichever comes first.
e. If the Vendor enters into an agreement to Sell the Property to a Purchaser after reimbursing CheckedOut in accordance with clause 10 (d) and before the expiry of 90 days after the date of the Property Report, then CheckedOut will seek payment of the Report Fee from the Purchaser. If the Report Fee is recovered from the Purchaser, then CheckedOut will reimburse the Vendor for the Report Fee.
f. To view a digital copy of the Property Report, the Purchaser will pay CheckedOut an initial fee.
g. If the Vendor enters into a sale and purchase agreement with a Purchaser (whether it is conditional or unconditional) before the expiry of 90 days from the issue of the Property Report, then the Purchaser will reimburse CheckedOut for the Report Fee.

11. If at any time a Purchaser requests a Property Report for a Property that does not already have a Property Report and the Vendor has not requested a Property Report for the Property, then the Purchaser will be responsible for full payment of the Report Fee plus an administration fee to be paid to CheckedOut.

CheckedOut’s Site & Availability of Property Reports

12. CheckedOut’s site may not always be available and secure.

13. Use of the Site is a limited, non-exclusive and revocable licence in accordance with the Terms. CheckedOut retains all intellectual property rights relating to the Site, the use of the Site and the software and source code behind the Site.

14. The Vendor, Purchaser, and any person browsing CheckedOut’s site agrees to these Terms.

15. User’s of CheckedOut’s site do so at their own risk.

16. CheckedOut does not guarantee that Property Reports will always be available on its Site. CheckedOut is not responsible should a Vendor or Purchaser be unable to access or download a Property Report for any reason.

CheckedOut’s Obligations

17. CheckedOut will use reasonable endeavours to ensure that the Property Inspector:

a. Has full professional indemnity insurance covering the Property Inspection and the Property Report;
b. Is suitably qualified to carry out the property inspection and prepare the Property Report;
c. Has not previously prepared a property report on the Property for the Vendor;
d. Is not a friend or family member of the Vendor and not associated with the Vendor;
e. Has minimal contact with the Vendor and the Real Estate Agent during the inspection process; and
f. Prepares his or her report without influence from the Vendor or the Real Estate Agent.

CheckedOut’s Liability

18. CheckedOut is not responsible for the accuracy, validity or quality of the Property Report.

19. CheckedOut has no liability to the Vendor, Purchaser or any third party for the Property Inspector’s actions in inspecting the Property and no liability for the Property Report.

20. To the maximum extent permitted by law, the Vendor and Purchaser assume full responsibility for any loss or damage that results from their use of the Property Report.

21. CheckedOut will not be liable to the Vendor, Purchaser or any party that receives the Property Report for:

a. The Property Report; or
b. The actions or inaction of the Property Inspector, Vendor or Purchaser, whether for negligence, breach of contract, breach of statutory duty or otherwise.

22. CheckedOut will not be liable for anything outside its reasonable control.

23. CheckedOut will not be liable for any loss or damage, whether direct or indirect including but not limited to liability for loss of profits, loss of business or anticipated savings, general or special damages or consequential or incidental loss.

24. Notwithstanding the above, if CheckedOut is in any way liable then its total liability is limited to the amount the Report Fee.

Indemnity

25. The Vendor, Purchaser, Real Estate Agent or any recipient of the Property Report agrees to indemnify CheckedOut and hold it harmless against any claim made by any party that is in any way related to:

a. The Vendor or Purchaser’s use of CheckedOut’s Site;
b. The Purchaser’s failure to settle the purchase of the Property;
c. The Vendor or Purchaser’s breach of these Terms; or
d. The use of the Property Report by the Vendor, Purchaser or any recipient of the Property Report.

26. The indemnity under this clause covers all losses, damages and expenses (including legal costs on a solicitor/client basis) that CheckedOut suffers or incurs.

Use of Personal Information

27. The Purchaser and Vendor agree that CheckedOut may share the personal information of the Vendor or Purchaser with the Purchaser, Vendor, Real Estate Agent, Property Inspector, and any other party.

Disputes

28. If the Purchaser, Vendor, Real Estate Agent or any third party has a dispute with CheckedOut, that party must first get in touch with CheckedOut and it will try to resolve it informally. If the dispute cannot be resolved informally either party can pursue the matter through alternative legal avenues.

Entire Agreement

29. These Terms make up the entire agreement between CheckedOut and the Vendor or Purchaser.

Interpretation

30. In these terms and conditions:

a. “CheckedOut” means Teo Limited, trading as CheckedOut;
b. “Property” means the property that is the subject of the Property Report and the property being sold by the Vendor;
c. “Property Inspector” means the property inspector engaged to prepare a property inspection report on the Property;
d. “Property Report” means the written property inspection report prepare by a property inspector;
e. “Purchaser” means the person or entity that is considering purchasing the Property whether or not they enter into a sale and purchase agreement with the Vendor;
f. “Real Estate Agent” means the person or entity marketing the Property for sale on behalf of the Vendor;
g. “Report Fee” means the amount charged by the Property Inspector for the Property Report;
h. “Site” means CheckedOut’s website;
i. “Terms” means the terms and conditions set out above; and
j. “Vendor” means the person or entity selling the Property.