Website Terms and Conditions

The Herron Todd White Website Terms and Conditions contain Part A: Summary and Part B: Terms and Conditions.

Website Terms and Conditions

WEBSITE TERMS AND CONDITIONS

PART A: SUMMARY

IMPORTANT — Please read this summary before you proceed. This is a summary only. It highlights key terms that apply when you use our services. You should read the full Terms and Conditions (Part B below) before accepting.

Disclosure Notice

Please be aware that if you accessed this Platform through a referral from your accountant or other professional adviser, the referring accountant or adviser may receive a referral benefit from Herron Todd White (HTW) in connection with services you order through this channel. For further details, see clause 11 below.

What services does HTW offer?

HTW offers three tiers of residential and commercial property valuation products through this Platform:

• Free Property Estimate: A free, automated estimate generated by an algorithm using third-party data. It is not a professional valuation and is not suitable for tax, legal, lending or other purposes.

• Desktop Value Assessment: A paid desktop-based assessment report that includes manual review by a qualified valuer, but does not include a physical property inspection.

• Full Inspection Valuation : A paid valuation report based on a full physical inspection of your property by a qualified valuer.

Limits on HTW’s liability

• For the Free Property Estimate: Subject to your consumer guarantee rights, HTW accepts no liability for the Free Property Estimate to the extent permitted by law.

• For paid services: HTW’s total liability (other than for consumer guarantee claims, fraud, wilful misconduct or gross negligence) is capped at the fees you paid for the relevant service.

• Neither party is liable for indirect, consequential or special loss to the extent permitted by law.

• Your consumer guarantee rights under the Australian Consumer Law are not affected.

Cancellation and refunds

• You may cancel a paid service order. The refund you receive will depend on the stage of work completed at the time of cancellation, as set out in the full Terms below.

Your data and privacy

• HTW collects and handles your personal information in accordance with the Privacy Act 1988 (Cth) and HTW’s Privacy Policy.

• If you were referred by an accountant or other professional: your completed valuation report/s may be shared with your referring professional, but only with your express consent. You can withdraw your consent at any time.

Referral fee disclosure

Please refer to the Disclosure Notice above. If you accessed this Platform through a link or communication from your accountant, real estate agent, financial advisor or other referral source, that referrer may receive a referral benefit from HTW in connection with services ordered through this channel. This does not affect the price you pay.

Tax advice disclaimer

HTW does not provide tax, legal or financial advice. You should consult your own professional tax adviser to determine which product tier is appropriate for your specific tax purposes.

Upgrade option

In addition to your rights under the Australian Consumer Law, if a regulatory authority determines that a lower-tier product does not meet the authority’s requirements for your intended purpose, HTW offers the option to upgrade to a higher-tier product by paying only the incremental cost difference.

Changes to these Terms

If HTW proposes a material change to these Terms that may detrimentally affect you, HTW will give you at least 28 days’ prior written notice. During that notice period, you may cancel any unperformed order and receive a refund. Changes will not apply to orders already placed before the change takes effect. See clauses 1.4 to 1.7 of the full Terms below for details.

This summary does not replace the full Terms and Conditions. Please read Part B below carefully before accepting.

PART B: TERMS AND CONDITIONS

IMPORTANT: YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS BEFORE PROCEEDING TO PAYMENT. BY TICKING THE CHECKBOX BELOW AND CLICKING 'ACCEPT AND PROCEED TO PAYMENT', YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Sample wording — document text only, not a consent control. Any adviser field is an example placeholder.

☐ I have read and agree to these Terms and Conditions Website Terms and Conditions

1 About these Terms

1.1 These Terms and Conditions (Terms) govern your use of Herron Todd White's (HTW) residential cost-based valuation/assessment products and the online platform through which they are accessed (Platform).

1.2 By ticking the checkbox and clicking 'Accept', you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform or order any services.

1.3 These Terms should be read together with HTW's Conditions of Engagement (COE), which contain additional terms applicable to the Desktop Value Assessment and Full Inspection Valuation services. Where there is any inconsistency between these Terms and the COE, the COE prevails to the extent of the inconsistency.

1.4 HTW may amend these Terms from time to time. HTW will provide you with at least 28 days’ prior written notice (by email or by a prominent notice on the Platform) of any material changes to these Terms that may have a detrimental effect on you (such as a material reduction in service or an increase in fees) (Notice Period).

1.5 If HTW gives you notice under clause 1.4, you may cancel any unperformed service order during the Notice Period and HTW will refund any fees you have paid for the cancelled order. If you do not cancel during the Notice Period, you will be taken to have accepted the notified changes.

1.6 Any amendment notified under clause 1.4 does not apply to service orders already placed before the date on which the notice is given.

1.7 This clause does not limit HTW’s ability to make changes that are not material or detrimental to you without prior notice.

2 Definitions

2.1 In these Terms, unless the context requires otherwise:

(a) ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

(b) COE or Conditions of Engagement means HTW's Conditions of Engagement applicable to the Desktop Value Assessment and Full Inspection Valuation services, as amended from time to time.

(c) Consumer Guarantees means any guarantee, warranty, term or condition implied or imposed under the Competition and Consumer Act 2010 (Cth) (including the ACL) or any other applicable consumer protection legislation which cannot lawfully be excluded or limited.

(d) Free Property Estimate means the automated, algorithmic property estimate described in clause 3.1.

(e) Full Inspection Valuation means the paid valuation service described in clause 3.3.

(f) HTW means Herron Todd White, being the entity identified in the relevant service order.

(g) Desktop Value Assessment means the paid desktop-based assessment described in clause 3.2.

(h) Platform means HTW's consumer-facing website and online ordering system through which the services are accessed and ordered.

(i) Privacy Policy means HTW's privacy policy, as published on the Platform and amended from time to time.

(j) Third Party Data means data or information supplied to, or made available on, the Platform by persons outside HTW, including data from PropTrack and other third-party data providers.

(k) you or your means the individual consumer who accepts these Terms and uses the Platform.

3 Service Tiers

3.1 Free Property Estimate

(a) The Free Property Estimate is a general indicative estimate of the value of a residential property, generated on a fully automated and algorithmic basis using Third Party Data (including data from PropTrack). The Free Property Estimate is provided at no cost to you.

(b) The Free Property Estimate is provided for general information purposes only. It is not a professional valuation, assessment or advice. It is not prepared or reviewed by a qualified valuer. It is heavily reliant on Third Party Data, and HTW cannot guarantee that the information is accurate or complete. The Free Property Estimate is not a substitute for appropriate professional advice tailored to your specific circumstances.

(c) The Free Property Estimate is not suitable for use as a formal valuation for taxation, legal, financial, lending or any other professional purpose.

(d) The data sources used to generate the Free Property Estimate are based on publicly available information which may be incomplete, delayed or inaccurate. No physical inspection of the property is conducted, no assessment of the property's condition is made, and no review by a qualified valuer is undertaken.

(e) You acknowledge that you use the Free Property Estimate at your own risk, subject to your rights under the ACL.

3.2 Desktop Value Assessment

(a) The Desktop Value Assessment is a paid desktop-based assessment of the value of a residential property. It incorporates manual review by a qualified valuer but does not include a physical inspection of the property.

(b) The Desktop Value Assessment is subject to the COE and any special conditions identified in your service order.

(c) HTW does not warrant or represent that the Desktop Value Assessment will be accepted by the Australian Taxation Office (ATO) or any other regulatory authority for any particular purpose. See clause 7 for further information.

3.3 Full Inspection Valuation

(a) The Full Inspection Valuation is a paid valuation of a residential or commercial property based on a full physical inspection of the property by a qualified valuer.

(b) The Full Inspection Valuation is subject to the COE and any special conditions identified in your service order.

(c) HTW does not warrant or represent that the Full Inspection Valuation will be accepted by the ATO or any other regulatory authority for any particular purpose. See clause 7 for further information.

4 Your Consumer Guarantee Rights

4.1 Nothing in these Terms excludes, restricts or modifies any Consumer Guarantee.

4.2 Under the ACL, services come with guarantees that cannot be excluded, including guarantees that services will be provided with due care and skill and will be reasonably fit for any purpose you make known. If HTW fails to comply with a Consumer Guarantee, you may be entitled to a remedy under the ACL, including a refund, compensation or damages.

4.3 For more information about your rights, you may contact the Australian Competition and Consumer Commission (ACCC) or your state or territory fair trading body.

5 Limitation of Liability

5.1 Free Property Estimate

Subject to clause 4 and the Consumer Guarantees, to the maximum extent permitted by law, HTW accepts no liability in connection with the Free Property Estimate.

5.2 Paid Services (Desktop Value Assessment and Full Inspection Valuation)

Subject to clause 4 and the Consumer Guarantees, and except in relation to claims arising from fraud, wilful misconduct or gross negligence, HTW's total aggregate liability to you in connection with a Desktop Value Assessment or Full Inspection Valuation (whether arising in contract, tort, statute or otherwise) is limited to is limited to: (i) for a Desktop Value Assessment, an amount equal to five times (5x) the Fees actually paid by the Client to Herron Todd White for the relevant Report; and (ii) for a Full Inspection Valuation $1million.

5.3 Exclusion of Consequential Loss

To the maximum extent permitted by law, and subject to clause 4 and the Consumer Guarantees, neither party is liable to the other for any indirect, consequential, incidental, special or punitive loss or damage, including (without limitation) loss of profit, loss of opportunity, loss of expected savings or benefits, loss of revenue, loss of goodwill, loss of reputation, or loss or corruption of data, arising out of or in connection with these Terms or any service provided under them, regardless of whether or not such losses or damages were foreseeable and even if advised of the possibility of such losses.

5.4 Specific Exclusions

(a) Subject to clause 4 and the Consumer Guarantees, and except to the extent caused by HTW’s negligence or breach of these Terms, HTW is not liable for:

(i) any faults, delays, interruptions to, or inaccuracy of, the Platform, including any interruptions or errors caused by maintenance, technical issues or factors outside HTW’s reasonable control;

(ii) any malicious code introduced into the Platform by a third party which impacts you or any other person; or

(iii) any inaccuracy, incompleteness or unreliability of Third Party Data made available through the Platform.

5.5 ACL preservation

For the avoidance of doubt, nothing in this clause 5 excludes, restricts or modifies the Consumer Guarantees or any right or remedy available to you under the ACL in relation to a failure to comply with a Consumer Guarantee.

6 Cancellation and Refunds

6.1 You may cancel a service order for a Desktop Value Assessment or Full Inspection Valuation at any time before HTW delivers the completed report.

6.2 If you cancel a service order, HTW will refund the fees you paid, less HTW's reasonable costs incurred up to the date of cancellation, calculated as follows:

(a) 50% of the Fee for file preparation and data review;

(b) 80% of the Fee where the inspection (for a Full Inspection Valuation) or valuer review (for a Desktop Value Assessment) has commenced and preparation of the draft Report has been commenced but not completed and issued to the Client; and

6.3 HTW will process any refund within 14 business days of receiving your cancellation request.

6.4 Your cancellation and refund rights under these Terms are in addition to, and do not limit or exclude, any rights you may have under the ACL (including any right to a remedy for a failure to comply with a Consumer Guarantee).

7 Tax Advice Disclaimer

7.1 HTW does not provide tax, legal or financial advice. You should consult your own professional tax adviser to determine which product tier is appropriate for your specific tax purposes.

7.2 HTW does not warrant or represent that any service provided under these Terms will be accepted by the ATO or any other regulatory authority for any particular purpose.

7.3 For the avoidance of doubt, this clause 7 is a statement of fact and scope limitation regarding the nature of HTW's services. It does not exclude, restrict or modify your rights under the ACL or the Consumer Guarantees.

8 Upgrade Option

8.1 In addition to your rights under the Australian Consumer Law, if a regulatory authority (including the ATO) determines that a lower-tier product does not meet the authority's requirements for your intended purpose, HTW offers the option to upgrade to a higher-tier product by paying only the incremental cost difference. For example, if you purchased a Desktop Value Assessment ($195) and wish to upgrade to a Full Inspection Valuation ($500), you would pay only the difference of $305.

8.2 This upgrade option is a commercial remedy offered by HTW for your convenience. It is optional and does not replace, limit or affect any rights or remedies you may have under the ACL or any other applicable law.

9 Payment

9.1 Fees for the Desktop Value Assessment and Full Inspection Valuation are as displayed on the Platform at the time you place your order. All fees are stated inclusive of GST.

9.2 Payment must be made in full at the time of ordering via the payment methods available on the Platform.

9.3 You are responsible for any costs associated with your chosen payment method. HTW does not charge a surcharge for payments made by debit, credit or prepaid card. You are responsible for any fees or charges imposed by your own financial institution or card issuer in connection with your chosen payment method, including foreign currency conversion. If you pay by a method other than a debit, credit or prepaid card, you must bear any transaction fees applicable to that method.

10 Privacy and Data Handling

10.1 HTW collects, uses, stores and discloses your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs) and HTW's Privacy Policy.

10.2 At the point of collection, HTW will notify you of the purposes for which your personal information is collected, the entities to which it may be disclosed, and the consequences of not providing the information, in accordance with APP 5.

10.3 HTW will only use or disclose your personal information for the primary purpose for which it was collected, or for a secondary purpose where permitted under APP 6.

10.4 By using the Platform, you acknowledge and agree that HTW may collect, use and disclose your personal information in the manner described in HTW’s Privacy Policy, and that HTW may use cookies or other similar tracking technologies to help track your usage and remember your preferences in accordance with any tracking or cookies policy published on the Platform.

11 Referral Fee Disclosure

11.1 If you accessed this Platform through a link, electronic communication or referral from your accountant or other professional adviser, your accountant or adviser may receive a referral benefit from HTW in connection with services ordered through this channel.

11.2 This disclosure is provided in accordance with section 47B of the Fair Trading Act 1987 (NSW) and equivalent provisions under applicable state and territory fair trading legislation. The existence of a referral benefit does not affect the price you pay for HTW's services.

11.3 If you have any questions about the referral arrangement, please contact HTW at the details provided on the Platform.

12 Data-Sharing Consent (Accountant Referral Channel)

12.1 This clause 12 applies only if you accessed this Platform through the accountant or other referral channel.

12.2 If you order a service through the accountant or other referral channel, HTW will ask for your express consent to share your completed valuation report with your referrer.

12.3 Before your order is submitted, you will be presented with a separate, clearly labelled consent request in substantially the following form:

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☐ I consent to HTW sharing my completed valuation report with [#insert name/firm of referral source], who referred me to HTW, so that they can access it through their account with HTW and, where relevant, assist me with my tax affairs. I understand I can withdraw this consent at any time by contacting HTW.

12.4 Your consent is voluntary. If you do not consent to sharing your report with your referring accountant or other referral source, you may still order the service directly through the Platform, and not through the link provided by your referrer. Your report will not be shared with the referrer, and you will receive it directly.

12.5 If you provide consent under clause 12.3:

(a) What will be shared: your completed report (including the property address, value assessment/valuation figure and any personal information contained in the report);

(b) With whom: your referrer (as identified in the consent wording above);

(d) Your right to withdraw: you may withdraw your consent at any time by contacting HTW at the details provided on the Platform. If you withdraw consent before your report has been shared, HTW will not share it. If your report has already been shared, HTW will notify the referring accountant that consent has been withdrawn, but HTW cannot compel the accountant to delete any copy already received.

12.6 HTW handles your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and HTW's Privacy Policy.

13 Governing Law and Jurisdiction

13.1 These Terms are governed by the laws of Queensland, Australia.

13.2 You submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia for the resolution of any dispute arising out of or in connection with these Terms.

14 General

14.1 Severability

If any provision of these Terms is held to be illegal, invalid, void, voidable or unenforceable (including under Part 2-3 of the ACL), that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required by this clause, that provision (or the part of it which is affected) is severed from these Terms and the remaining provisions continue in full force and effect.

14.2 Entire agreement

These Terms, together with the COE and any service order, constitute the entire agreement between you and HTW in relation to the services. They supersede all prior representations, agreements and understandings (whether written or oral) in relation to the services.

14.3 No waiver

A failure by HTW to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without HTW's prior written consent. HTW may assign or transfer its rights and obligations under these Terms (whether by assignment, novation or otherwise) to a related body corporate (as defined in the Corporations Act 2001 (Cth)) or to a bona fide purchaser of a substantial part of HTW’s business or assets, without your consent, provided that such assignment does not detrimentally affect your rights under these Terms.

14.5 Notices

Any notice given under these Terms must be in writing and may be sent by email to the email address you provided when creating your account, or to the contact details published on the Platform.

14.6 Rights cumulative

Except as otherwise stated in these Terms, the rights, powers, privileges and remedies provided under any provision of these Terms are cumulative and not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms or by applicable law or otherwise.

14.7 Dispute resolution

If any dispute arises between you and HTW under these Terms, both parties agree to make a good faith effort to resolve the dispute within 30 days of written notice of the dispute. Neither party may commence court proceedings (other than in respect of undisputed amounts) before the parties have attempted to resolve the dispute pursuant to this clause, unless immediate injunctive relief is sought. Nothing in this clause prevents you from lodging a complaint with the ACCC, a state or territory fair trading body, consumer tribunal or other dispute resolution body, or otherwise limits your access to consumer dispute resolution mechanisms.

14.8 Eligibility

The Platform is directed to individuals who are at least 18 years old and are residing in Australia. By using the Platform and accepting these Terms, you represent and warrant that you meet these eligibility requirements.

14.9 About HTW and how to contact us.

The Platform is operated by Herron Todd White (HTW), being the entity identified in the relevant service order. To contact HTW, including to make a complaint or exercise any of your rights under these Terms, please use the contact details published on the Platform.

14.10 Third party links and Third Party Data

(a) The Platform may contain links to websites, applications or resources operated by third parties. Links to third party websites are provided for your convenience only. HTW does not endorse, and is not responsible for, the content, availability, products, services or materials on any third party website. Your use of third party websites is at your own risk and subject to the terms and conditions of use for those websites.

(b) The Platform incorporates Third Party Data. HTW does not represent or warrant that Third Party Data is accurate, complete, current or reliable. Any reliance you place on Third Party Data is at your own risk, subject to your rights under the ACL and the Consumer Guarantees.