HomecheckerBy Moyne Ross

Legal

Terms & Conditions

Effective: 18 June 2026 · Last updated: 18 June 2026

Terms of ServiceWebsite Terms of Use

Terms of Service

Governing the supply of the Homechecker Forecast.

1. Acceptance of these Terms

By creating a Homechecker account, uploading evidence, submitting a property for assessment, or making payment, you (the "Customer", "you", "your") agree to be legally bound by these Terms and Conditions (the "Terms"). If you do not agree, do not use the service. These Terms form a binding legal agreement between you and Steven McCormack (ABN 18 890 160 412), trading as Moyne Ross and Homechecker (the "Provider", "we", "us", "our").

2. The service

2.1 What we provide

We provide an independent building-intelligence service called the Homechecker Forecast. The Forecast is a desk-based opinion about the likely repair exposure of a residential property over the next ten years. It is independent of any sale or purchase process — you may be an owner, a prospective purchaser, someone preparing to sell, or simply someone seeking to understand a building.

The Forecast includes:

  • A structured read of the property across three layers — Shell, Systems, Space — each containing the elements relevant to that layer;
  • For each element identified: the action likely required, an indicative cost band, the horizon on which the cost is likely to fall (First 2 years / Years 3–5 / Years 6–10), and a confidence grade for the underlying evidence (High / Medium / Low);
  • An impact rating for each item (Essential / Important / Worth planning / Routine);
  • A short narrative summarising the building's overall position;
  • A list of questions worth asking the people who can answer them — a building inspector, whoever holds the records, or your own advisers;
  • A downloadable Excel export of the register, suitable for sharing with a builder, an inspector, a conveyancer, or anyone else you choose to involve.

The Forecast is produced from public signals about the property and from any material you choose to provide. You are not required to upload anything; material you do provide sharpens the read. Typical examples include:

  • Building and pest inspection reports;
  • If you are a prospective purchaser, the vendor's disclosure document — Section 32 in Victoria, contract of sale with prescribed attachments in NSW, Form 1 in South Australia, REIQ contract in Queensland, or the equivalent in other states and territories;
  • For apartments and townhouses under strata or community title: the strata report or owners-corporation report, the strata roll, recent meeting minutes, the most recent financial statements of the body corporate or owners corporation, and any special-levy resolutions;
  • Floor plans, agent's marketing photography, drone or 3D-tour stills;
  • Quotes or scopes from trades you have already obtained;
  • Your own notes from the open inspection or due diligence.

Public signals we add include satellite and street-level imagery, government property records where available (including title plan and planning or heritage overlay data), market context where available, and other open data about the property and its locality. All evidence and signals are tested, weighted, and read together using our structured methodology and AI-assisted analysis. Each Forecast is checked for output integrity before delivery and quality is monitored through ongoing audit of published Forecasts.

What the Forecast is and is not. The Forecast is a structured opinion to help you ask better questions and make a more informed decision. It is not a substitute for a building inspection by a registered inspector, legal advice from a qualified practitioner, or your own due diligence. You should obtain those independently.

2.2 What we explicitly do NOT provide

The Homechecker Forecast is not, and does not provide:

  • A site inspection or any physical inspection of the property;
  • A building survey or condition report within the meaning of any state or federal legislation;
  • A pre-purchase building or pest inspection;
  • A structural, mechanical, electrical, hydraulic, fire, asbestos, or any other engineering inspection or certification;
  • A property valuation or market appraisal;
  • Legal advice, conveyancing advice, or advice on whether to purchase the property;
  • A guarantee that we have identified every issue the property has, or that issues we have identified will eventuate within the time or cost ranges given;
  • Heritage, planning, zoning, or accessibility certification or advice;
  • Insurance, financing, or taxation advice;
  • An assessment of off-the-plan or not-yet-constructed properties — the Forecast reads existing buildings, and we cannot produce a Forecast for a property that has not been built yet;
  • An assessment of properties under active construction — for a partially-built property we may decline the engagement and refund the fee, or, if you wish to proceed, expressly limit the Forecast to the completed portions.

2.3 Professional registration disclaimer

The Forecast is not provided in the capacity of a registered building surveyor, registered engineer, architect, or any other registered professional, regardless of any qualifications our personnel may hold. The Forecast does not constitute professional advice requiring registration, site inspection certification, or compliance with professional standards requiring formal certification.

2.4 AI processing and consent

Important: The Forecast is generated using third-party AI services as part of our analytical pipeline, currently Anthropic's Claude. Our platform is model-agnostic and we may introduce additional AI providers in future; if we do, we will update these Terms, our Privacy Policy, and our approach to AI documentation before any new provider processes Customer data.

By using the service, you understand and consent to:

  • Processing of your uploaded material and the public signals about the property by the AI providers named above and any future providers we introduce with prior disclosure;
  • Storage and analysis of that data on servers outside Australia (primarily in the United States);
  • Potential short-term retention of that data by the AI provider according to its applicable terms;
  • Cross-border transfer of your information for AI analysis purposes.

We access Claude under a commercial Anthropic plan whose terms prohibit the use of customer data for AI model training. We do not authorise human review by AI providers of our prompts or outputs. We do not control third-party AI systems and disclaim liability for their performance, accuracy, availability, security, or regulatory compliance. If you are not comfortable with your information being processed by third-party AI services in this way, the service is not suitable for you.

2.5 AI-generated content limitations

AI systems may generate plausible but inaccurate information ("hallucinations"), computational errors, or inconsistent outputs. They may:

  • Produce technically incorrect descriptions of elements or systems;
  • Generate cost estimates that differ materially from actual market rates;
  • Mis-classify items between Shell, Systems, and Space layers;
  • Reflect biases or limitations inherent in AI training data;
  • Malfunction due to prompt injection or malicious content embedded in uploaded documents.

Each Forecast is generated by our structured methodology and AI pipeline. Before release, the output undergoes operational integrity checks; outputs that fail these checks are held for review rather than auto-published. We also conduct ongoing audit of published Forecasts to identify methodology gaps or quality drift. However, because the Forecast is based on desk analysis, incomplete information, third-party data, and AI-assisted inference, errors or omissions may remain. You must verify material findings through appropriately qualified, licensed professionals before acting on them — including, in all cases, a registered building inspector and a qualified legal practitioner.

2.6 Third-party reliance

The Forecast is prepared exclusively for the named Customer for the named property. Vendors, agents, inspectors, conveyancers, lenders, insurers, subsequent purchasers, or other third parties may not rely on the Forecast without our prior written consent. Any third-party reliance without our consent is undertaken entirely at that party's own risk.

2.7 Cost estimate limitations

All cost estimates in the Forecast are indicative bands only, based on limited information without site verification, physical inspection, or detailed quantity measurement. Actual costs may vary materially. We disclaim liability for cost estimate accuracy and recommend obtaining competitive contractor quotes for any works you intend to undertake. The Forecast's cost figures are suitable for initial budget allocation and prioritisation, not for tendering, final procurement, or contractual commitment.

2.8 Market data disclaimer

Cost estimates rely on third-party market data and industry benchmarks. We do not warrant the accuracy, currency, or completeness of third-party market information. Conditions change rapidly and our figures may not reflect current pricing in your specific market or trade.

2.9 Assessment currency

The Forecast reflects the property's apparent condition and the evidence available as at the date of assessment. The condition of the property may change after our assessment. We have no obligation to update the Forecast for subsequent changes or to provide ongoing monitoring.

3. Your responsibilities and acknowledgments

3.1 Information you provide

You acknowledge and agree that:

  • You are solely responsible for the accuracy, completeness, and currency of all information you upload or otherwise provide;
  • Our analysis is wholly dependent on the quality of the evidence you supply;
  • Inaccurate or incomplete information will directly affect the accuracy of the Forecast;
  • We have no obligation to verify the accuracy of information you supply;
  • You warrant that you have the right to share any material you upload (see clause 3.2 below);
  • You warrant that uploaded documents contain no malicious code, viruses, or content designed to compromise AI systems or our infrastructure;
  • You consent to processing of your information by third-party AI services as described in clause 2.4.

Information quality protocol. If we identify significant contradictions, corruptions, or deficiencies in your supplied evidence, we may pause analysis and request clarification. Delays arising from this process do not constitute grounds for refund or compensation.

3.2 Material you upload about third parties

Documents you upload typically contain information about people other than you — the vendor, prior owners, tenants, neighbours, inspectors, or agents. By uploading such material, you warrant that:

  • You have a legitimate reason to be in possession of it. Legitimate examples: a building or pest report you commissioned yourself; documents you hold as the owner of the property, such as your own strata records, permits, or prior reports; and, if you are a prospective purchaser, the vendor's Section 32 or contract of sale provided to you, agent communications directed to you, or strata documents released to you as a prospective purchaser of a lot. Examples that are not legitimate without further inquiry: an inspection report shared in a public Facebook group by another person; documents marked confidential and obtained without authorisation; documents disclosed to you under an NDA;
  • You have the right to share the material with us for the purpose of obtaining the Forecast;
  • Sharing it with us does not breach any contract, statute, or duty of confidence you owe to a third party.

If you are unsure about the source or status of a document, ask us before uploading rather than after. We are happy to talk through whether something is suitable to share. We handle uploaded material in accordance with our Privacy Policy.

3.3 Professional verification

You acknowledge and agree that:

  • The Forecast is not a substitute for a physical inspection by a registered building and pest inspector, and you will obtain one before relying on the building's condition for any significant decision — and, if you are purchasing, before the contract becomes unconditional;
  • Where a contract or other legal question is involved, you will obtain independent advice from a qualified conveyancer or solicitor;
  • You will not rely on the Forecast as the sole basis for any contractual or financial decision about the property;
  • The Forecast complements but does not replace these independent professional services.

4. Fees and payment

4.1 Fees and Forecast credits

Forecasts are purchased as prepaid credits, per the option selected at checkout: A$99.00 for a single Forecast credit, A$149.00 for a pack of three, or A$399.00 for a pack of ten. Prices displayed at checkout at the time of purchase prevail if they differ from the amounts stated here. Each credit covers one Forecast on one property. Prices are the total amount payable, in Australian Dollars, inclusive of GST.

Credits are attached to your account and are not transferable between accounts. Credits do not expire — unused credits remain available on your account until used. Each Forecast delivered against a credit is a stand-alone engagement under these Terms.

4.2 Turnaround and time-critical reads

We aim to deliver each Forecast within 48 hours of payment received. That is a target, not a guarantee — actual turnaround depends on the volume and quality of evidence you supply and our reasonable workload at the time. If your Forecast will take materially longer than 48 hours, we will tell you why and when to expect it.

If you are working to a deadline. If you have a real-world deadline — an auction, an offer cooling-off period, a settlement, or anything else time-critical — tell us when you submit. We can confirm feasibility before you pay. We will not begin work and take your money if we cannot reasonably meet your deadline. If you do not tell us, we cannot prioritise your Forecast and the standard target window applies. We do not offer or guarantee delivery faster than 48 hours.

4.3 Payment processor

Payment is processed through Stripe. Card details are handled entirely by Stripe and we never see or store your card number. We receive only the fact of payment, the amount, and a transaction reference.

4.4 Payment required before work begins

Payment is required before we begin work on your Forecast. We are not obliged to commence work until payment has been received and confirmed.

4.5 Refund policy

Our position on refunds is:

  • All payments are final once work has begun. Work is deemed to have begun when our analysis pipeline starts reading the building.
  • If we are unable to produce a Forecast at all — because the evidence supplied is too thin to support a useful read, our systems fail, or we choose not to take on the property for any reason — we refund the fee in full.
  • Change of mind is not a refundable event once work has begun.
  • Disagreement with our opinion is not a refundable event. The Forecast is a structured opinion based on the evidence available; reasonable parties may disagree with parts of it.

Nothing in this clause excludes, restricts, or modifies any consumer guarantee that cannot be excluded under the Australian Consumer Law.

4.6 Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services remedied if they are not of acceptable quality and the failure does not amount to a major failure.

5. Limitation of liability

5.1 Maximum liability cap

Absolute liability limit. To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Forecast, regardless of the theory of liability (including negligence), is limited to the fee you paid us for that Forecast — the purchase price divided by the number of Forecast credits included in that purchase. Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited.

5.2 Excluded damages

To the maximum extent permitted by law, we are not liable for:

  • Indirect, incidental, special, consequential, or punitive damages;
  • Lost profits, lost savings, or lost opportunities;
  • Damage to property or personal injury;
  • Your decision to proceed with, or not proceed with, the purchase of the property;
  • Issues with the property that we did not identify, where the available evidence did not reasonably allow us to identify them;
  • Cost estimates that prove inaccurate when actual works are undertaken;
  • Building condition changes after the assessment date;
  • AI-generated errors, hallucinations, or inaccuracies despite our quality controls;
  • Acts or omissions of third parties, including inspectors, vendors, agents, conveyancers, lenders, or contractors;
  • Third-party reliance on the Forecast;
  • Regulatory non-compliance or enforcement actions affecting the property.

5.3 Time limit on claims

Any claim arising out of or in connection with the Forecast must be brought within two (2) years of the date the Forecast was delivered to you, regardless of when the loss is discovered.

6. Intellectual property

6.1 Our intellectual property

Our methodology, the structure of the Forecast, our scoring framework, layer model, AI instructions, and the analytical processes by which the Forecast is produced are our exclusive intellectual property. You may not copy, modify, distribute, or create derivative works from these.

6.2 Your material

You retain ownership of all material you upload. By submitting it, you grant us a limited licence to use, store, process, and analyse that material for the purpose of producing the Forecast, including processing through third-party AI services.

6.3 The Forecast as delivered

The Forecast as compiled and delivered (including the narrative, register, scoring, and analysis) is our intellectual property. We grant you a limited, non-exclusive, non-transferable licence to use the Forecast for your own consideration of the named property.

You may share the Forecast with people assisting you in relation to the property, for example:

  • A registered building or pest inspector for the same property;
  • A builder or registered tradesperson from whom you are obtaining a quote for an item identified in the Forecast;
  • Your conveyancer or solicitor, or — if you are purchasing — a buyer's agent acting for you;
  • A spouse, partner, or co-owner, or a co-purchaser if the property is being acquired jointly;
  • An immediate family member assisting with financing or a guarantee;
  • Your mortgage broker or lender, only to the extent required for financing of the property.

Sharing is conditional on the recipient understanding the limitations of the Forecast set out in clauses 2.2, 2.5, 2.6, and 2.7, and not redistributing it further. You may not share the Forecast with the vendor, an agent or auctioneer for the property, a competing party, or anyone else not assisting you in relation to the property, without our prior written consent. You may not resell or republish the Forecast.

The Forecast remains yours for your records and remains valid as a reading of the building as at the assessment date — see clause 2.9. It is licensed to you for the named property; you may not transfer or assign it to a subsequent owner or purchaser, who would need to commission their own.

7. Confidentiality and data security

We treat your uploaded material and personal information as confidential and implement reasonable security measures. Full details of how we collect, store, use, and disclose information are in our Privacy Policy, which forms part of these Terms.

8. Indemnification

To the maximum extent permitted by law, you agree to indemnify us against any claims, damages, losses, or expenses arising from or related to:

  • Your breach of these Terms;
  • Inaccurate or misleading information you provide;
  • Material you upload that you do not have the right to share with us;
  • Any decision you make in reliance on the Forecast without independent professional verification — including any decision to purchase, not to purchase, sell, retain, renovate, or undertake works;
  • Building works undertaken based on the Forecast without independent professional verification;
  • Third-party reliance on the Forecast without our consent;
  • Your breach of any law in connection with your use of the service.

9. Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, internet outages, third-party AI service outages, supabase or hosting outages, or regulatory changes affecting our service.

10. Termination

We may decline to provide a Forecast, or terminate this agreement, if we reasonably believe you have breached these Terms, supplied materially inaccurate information, used the service for an unlawful purpose, or failed to make payment. If we terminate before work has begun, we will refund the fee in full. If we terminate after work has begun for cause attributable to you, no refund is owed.

11. Governing law and dispute resolution

11.1 Governing law

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.

11.2 Jurisdiction

Any dispute arising from these Terms or our service is subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

11.3 Good-faith resolution first

Before initiating legal proceedings, both parties agree to attempt resolution through good-faith communication for thirty (30) days from the date a dispute is first raised in writing.

12. General provisions

12.1 Entire agreement

These Terms together with our Privacy Policy constitute the entire agreement between you and us in relation to the Forecast and supersede all prior representations, agreements, and understandings.

12.2 Amendment

We may update these Terms from time to time. The version that applies to your Forecast is the version published on this page at the time you paid for that Forecast. Material changes will be flagged prominently. Continued use of the service after an update constitutes acceptance of the modified Terms.

12.3 Severability

If any provision of these Terms is held unenforceable, the remaining provisions continue in full force and effect.

12.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms to a successor entity in connection with a sale, merger, or restructure of our business.

12.5 Waiver

Failure by us to enforce any provision does not constitute a waiver of that or any other provision.

13. Specific acknowledgments

By using the service, you specifically acknowledge and agree that:

  • The Forecast is a structured desk-based opinion, not a building inspection, engineering report, valuation, or legal advice;
  • You will obtain an independent building and pest inspection before relying on the Forecast for any significant decision about the property, and independent legal advice where a contract or legal question is involved — and, if you are purchasing, before the contract becomes unconditional;
  • Your material will be processed by third-party AI services located outside Australia, and you consent to this cross-border transfer;
  • AI-generated content may contain errors or hallucinations despite our quality controls;
  • All cost estimates are indicative bands only and may differ materially from actual costs;
  • Our liability is limited to the fee paid for the relevant Forecast (the purchase price divided by the number of Forecast credits in that purchase), subject to your rights under the Australian Consumer Law that cannot be excluded;
  • Third parties may not rely on the Forecast without our prior written consent;
  • You have read, understood, and agree to be bound by these Terms in their entirety.

14. Contact

Questions about these Terms, or about a specific Forecast, can be directed to hello@homechecker.com.au.

Website Terms of Use

Governing access to and use of homechecker.com.au, separate from the Terms of Service above.

1. Acceptance

By accessing or using homechecker.com.au (the "Website"), you agree to be bound by these Website Terms of Use. These are separate from our Terms of Service which govern paid use of the Forecast.

2. Permitted use

You may use the Website to:

  • Learn about the Homechecker Forecast and our service;
  • Create an account, upload evidence, and order a Forecast;
  • Access your dashboard and Forecasts;
  • Contact us.

3. Prohibited use

You may not:

  • Attempt to gain unauthorised access to any system or data;
  • Upload malicious code, viruses, or harmful content;
  • Use automated systems (bots, scrapers, crawlers) without our prior written permission, except for standard search-engine indexing of public pages;
  • Engage in any activity that could damage, disable, or impair the Website;
  • Infringe any intellectual property or other rights;
  • Use the Website in breach of any applicable law.

4. Intellectual property

All content on the Website is owned by Moyne Ross or used with permission, including text, graphics, logos, design elements, software, and analysis frameworks. You are granted a limited licence to access and view Website content for personal use; you may not copy, redistribute, or create derivative works without written permission.

5. Availability

We aim to maintain Website availability but do not guarantee uninterrupted access. We may perform maintenance or update the Website without notice.

6. Liability

To the maximum extent permitted by law, our total liability for any claim arising from your use of the Website is limited to the fees you have paid us in the twelve (12) months preceding the claim. Nothing excludes rights under the Australian Consumer Law that cannot be excluded.

7. Governing law

These Website Terms of Use are governed by the laws of Victoria, Australia, and subject to the non-exclusive jurisdiction of the courts of Victoria.

8. Privacy

Our handling of your personal information is governed by our Privacy Policy, which forms part of these Website Terms.

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