Terms and Conditions

Thank you for visiting our website at https://scls.com.au (Website). The Website is owned and operated by SCLS Pty Ltd, ABN 96 139 974 379, trading as Sun City Legal Services (Sun City Legal Services, we, us or our).

By accessing or using the Website, or by ordering a Report or Service from us, you agree to be bound by these Terms and Conditions, including our Privacy Policy (Terms). In these Terms, Client or you means the person or entity who accesses the Website or orders a Report or Service from us.

If you access the Website, or order a Report or Service, on behalf of a company, firm or other entity, you represent that you are authorised to bind that entity to these Terms.

To contact us, please email helpdesk@scls.com.au or use the contact form at https://scls.com.au/contact-us.

Sun City Legal Services is a Body Corporate search and intelligence reporting business operating primarily in Queensland. Through the Website you can request and order Body Corporate search reports, statutory warranty and disclosure reports, management rights reports, and other due diligence reports and related services (each a Report and together the Reports; and any other services we provide in connection with a Report, Services).

Unlike some other providers in this industry, Sun City Legal Services prepares and supplies its Reports itself. We are not a referral platform, we do not broker Reports prepared by unrelated third party providers, and we are the party responsible for the Reports you order from us.

We reserve the right to restrict, suspend or terminate access to, or amend, the Website or any part or feature of it at any time. Where reasonably practicable, we will give you reasonable notice of any suspension, withdrawal of, or major change to, the Website.

Our Reports for buyers, and for solicitors and conveyancers acting for them, include:

Our Reports for sellers and existing owners, and for agents and solicitors acting for them, include:

We also obtain and supply the following certificates and documents, either on their own or alongside a Report. These are records issued or held by others that we obtain on your behalf, rather than reports we prepare:

The lists above are not exhaustive. They describe the Reports and Services we offer at the date of these Terms, and we may add, withdraw, rename or vary a Report or Service at any time. Any further report or service we release from time to time, under any product name, is a Report or Service for the purposes of these Terms. The Reports and Services available to you, and their fees, are those published on the Website or otherwise quoted to you at the time of your order.

Each Report is prepared for the specific person, property and scheme identified in your order, as at the date of our search or inspection. It must not be relied on for any other property, scheme, purpose or transaction.

Sun City Legal Services is a Body Corporate search and records agency. We are not a law firm, and nothing in a Report or on the Website is or should be relied on as legal, financial or investment advice. Our Reports present factual information obtained from Body Corporate managers, committees, statutory registers and other record holders, together with a plain English summary of that information where applicable.

You should obtain your own independent legal, financial or other professional advice before making any decision to purchase, sell, lease, invest in, or otherwise deal with a property or a Body Corporate scheme.

Our Reports are compiled using records, minutes, correspondence, financial statements and other information provided to us by Body Corporate managers, committees, statutory authorities and other record holders (Record Holders) under the Body Corporate and Community Management Act 1997 (Qld) or other applicable legislation.

We do not create or control the underlying records, and we cannot guarantee that a Record Holder has provided complete, accurate or current records, or that a Record Holder has complied with its own statutory obligations to keep or disclose records.

To the extent permitted by law, we make no warranty as to the completeness or accuracy of any record or information supplied to us by a Record Holder. Our Reports are prepared, and should be read, on the basis that they reflect only the information made available to us at the time of our search or inspection.

Each Report states the date on which our search or inspection was conducted, or the period it covers. Body Corporate records can and do change after that date, for example through new levies, resolutions, defects, contracts, correspondence or minutes, and our Reports do not, and cannot, reflect any such later change.

If there will be a gap between the date of your Report and your settlement, purchase or other transaction date, we recommend you contact us about an updated search. A cheaper or older report, from any provider, carries a correspondingly greater risk of not reflecting the current position of the scheme.

Subject to Your Consumer Rights, we are not liable for any Loss arising from a change in circumstances occurring after the date of our search or inspection.

We collect personal information about you to process your order, prepare and deliver your Report, communicate with you, and comply with our legal and regulatory obligations.

The information you provide will be collected by, or on behalf of, us and may be disclosed to Record Holders, our subcontractors, our professional advisers, our software and payment providers, or as required by law. If you do not provide the information we request, we may not be able to process your order or prepare your Report.

Our Privacy Policy explains how we collect, hold, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, how you may access and correct your personal information, and how you can make a complaint about our handling of it.

Our Privacy Policy is incorporated into, and forms part of, these Terms. You can read it at https://scls.com.au/privacy-policy.

Website content is intended to provide general information about Sun City Legal Services and our Reports and Services, and is not comprehensive. While we take reasonable care to ensure the Website is accurate, subject to Your Consumer Rights, we make no warranty regarding the content of the Website.

We do not guarantee continuous, secure or error free access to the Website, and we are not liable for any interference with, or damage to, your computer systems arising from your use of the Website or a linked website. You must take your own precautions against viruses and other harmful code.

To order a Report or Service you must be at least 18 years of age and legally capable of entering into a binding agreement. Fees for our Reports and Services are as published on the Website, or as otherwise quoted to you, from time to time, and are inclusive of GST unless stated otherwise.

You must review your order carefully before submitting it. An order is only confirmed once we have received payment in full, or, for approved account clients, once we have accepted the order under our commercial terms with you.

We may decline or cancel an order, including where we suspect fraud, where a scheme or property cannot be identified, or where a Record Holder will not provide access to the records we need. Where GST applies, we will issue a valid tax invoice.

Any turnaround time we quote, including for a priority or expedited service, is an estimate only and is not guaranteed. Turnaround times depend in part on the timeliness of Record Holders in providing access to records and responding to our requests, which is outside our control.

To the extent permitted by law, we are not liable for any Loss arising from a Report being delivered later than an estimated timeframe.

Because we typically commence work, including contacting the relevant Record Holder, promptly after you place an order, cancellations cannot always be accepted.

If you cancel an order after we have commenced work, we may charge you for costs and time incurred up to the date of cancellation, up to the full fee for the Report.

We will deliver your Report electronically. We will typically notify you at the email address you provide with your order and make the Report available to you as a PDF through a download link. We may instead deliver the Report by another electronic means, including as an email attachment. You are responsible for checking that the email address you provide is correct and for retrieving your Report promptly.

You must not provide a Report to any third party except as permitted under clause 19 (Use of Reports).

The Website may contain links to third party websites (Linked Websites), provided for convenience only. We do not endorse, and are not responsible for, the content, accuracy or privacy practices of any Linked Website, and your access to a Linked Website is entirely at your own risk.

You may link to our home page provided you do so in a way that is fair and lawful, does not damage or take advantage of our reputation, and does not suggest any association, approval or endorsement by us where none exists.

You must not frame or mirror the Website. We may withdraw linking permission at any time without notice.

You must not conduct, facilitate or permit any text or data mining, web scraping, or similar automated extraction of content, data or Reports from the Website or our systems, including for the purpose of developing, training, fine tuning or validating any artificial intelligence or machine learning model.

This includes using any robot, bot, spider, scraper or similar automated tool to access, copy, monitor or extract any part of the Website or our Reports.

Where necessary for the Website to function, we and our service providers may use cookies or similar local storage in your browser, for example to keep a chat session open. We may also use privacy preserving analytics that measure Website usage without identifying you. We do not use cookies for advertising or cross-site tracking.

You may configure your browser to refuse cookies, or clear local storage, but this may affect the functionality of the Website. Our Privacy Policy explains what we collect and who processes it.

Unless otherwise indicated, we own or license all intellectual property rights in the Website and its content, and in our Reports (Content). You may use the Website and view our Content only for the purpose of ordering and using a Report in accordance with these Terms.

Any other use, copying or reproduction of the Website or our Content is prohibited except as permitted by law or with our prior written consent. You must not remove or alter any copyright, trade mark or other proprietary notice on our Content.

"Sun City Legal Services", "SCLS" and our related names, logos and marks are our trade marks or the trade marks of our licensors. You must not use them without our prior written permission. Other names, logos and marks on the Website are the trade marks of their respective owners.

A Report is licensed to you for your own use in connection with the specific transaction identified in your order. Unless we have given prior written consent, which we may withhold in our absolute discretion, you must not:

In addition to any other remedy available to us at law or in equity, we may seek interim, interlocutory or permanent injunctive relief to prevent a breach of clause 19, and to compel compliance with it.

You must use the Website only for lawful purposes and in accordance with these Terms. Without limitation, you must not:

We may remove any material you submit to the Website at our discretion, report suspected unlawful conduct to the relevant authorities, cooperating with them by disclosing your identity where required, and terminate your access immediately for a breach of clause 20.

Nothing in these Terms excludes, restricts or modifies any right you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified, including any consumer guarantee (Your Consumer Rights).

We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

To the extent permitted by Your Consumer Rights, we give no warranty that a Report or the Website will be error free, complete, or uninterrupted, and we exclude all other conditions and warranties not expressly stated in these Terms.

If Your Consumer Rights require us to accept responsibility for Loss in connection with a Report or Service, our liability is limited, to the extent permitted by law, to, at our election, resupplying the Report or Service, or paying the cost of having it resupplied.

Subject to Your Consumer Rights, and to the extent permitted by law, our total aggregate liability for any Loss arising out of or in connection with these Terms, a Report or a Service is limited to the fee you paid us for that Report or Service, and neither party is liable to the other for Consequential Loss.

To the extent permitted by law, you indemnify us against any Loss we suffer arising out of or in connection with:

You are responsible for all costs you incur, including internet and telecommunications charges, in accessing and using the Website.

If you have a complaint about the Website, a Report, or our Services, please contact us using the details in these Terms. We will endeavour to:

You may contact the relevant State or Territory fair trading body or, for privacy related complaints, the Office of the Australian Information Commissioner at oaic.gov.au.

We are not liable for any delay or failure to perform our obligations under these Terms caused by circumstances beyond our reasonable control, including natural disasters, government or regulatory action, power or internet outages, cyber incidents, pandemic or epidemic, industrial action, or the failure of a Record Holder or other third party to provide records or cooperation.

If such an event continues for more than 14 days, we may suspend or terminate the affected Reports or Services by notice to you.

We may vary these Terms at any time by publishing the updated Terms on the Website. Continuing to use the Website, or ordering a Report, after the updated Terms are published constitutes your acceptance of them. You should check the Website periodically for changes.

We may assign our rights, or subcontract our obligations, under these Terms without your consent, provided this does not reduce your statutory rights. You must not assign, transfer or sub-licence your rights under these Terms without our prior written consent.

If any part of these Terms is or becomes illegal, void or unenforceable in any jurisdiction, that part is severed, and the remaining provisions of these Terms continue in full force and effect.

Before commencing court proceedings, except where urgent injunctive or other equitable relief is required, a party must give the other party written notice of a dispute arising under these Terms.

The parties must then attempt in good faith to resolve the dispute by negotiation within 14 days of that notice, and must consider mediation before commencing proceedings if that negotiation is unsuccessful.

These Terms are governed by the law of Queensland, and you submit to the non-exclusive jurisdiction of the courts of Queensland.

We may retain records of your order and our engagement for as long as required by law and for our legitimate business purposes, including compliance, insurance and record keeping, even after your matter is complete.

We may use de-identified, aggregated data to maintain, improve and develop our Reports, Services and the Website.

Unless the context indicates otherwise, these words have the meanings set out below.

You can contact us by email at helpdesk@scls.com.au, by phone on 07 5458 6878, or by post at PO Box 5122, Maroochydore BC QLD 4558.