Terms of Service

1. About these Terms

These Terms of Service (Terms) govern access to and use of https://www.riverinasurveying.com.au (Website), requests for information or quotations, document uploads, and preliminary communications with Riverina Surveying & Consulting Pty Ltd (ABN 76 697 730 975, ACN 697 730 975), trading as Riverina Surveying & Consulting (we, us or our).

These Terms are not, by themselves, the complete terms on which professional surveying or consulting services are provided. Professional services are governed by a separately accepted written quotation, proposal, engagement letter, services agreement or other written engagement document.

2. Acceptance and use of the Website

By using the Website after having a reasonable opportunity to review these Terms, you agree to comply with the provisions that apply to Website access and conduct. If you do not agree, you should stop using the Website.

Some provisions, including privacy, intellectual property, prohibited conduct and liability provisions, may apply by law independently of contractual acceptance. Any separate professional engagement terms prevail to the extent of an inconsistency concerning accepted services.

3. Company and service information

The Website is operated by Riverina Surveying & Consulting Pty Ltd, a company incorporated in Australia. Our principal business address is 20 Doman Street, Estella NSW 2650, Australia.

The Website may describe services including cadastral and boundary surveys, subdivisions and consolidations, strata and community schemes, identification and title re-establishment surveys, detail and topographic surveys, engineering and construction set-out, easement plans, drone and spatial-data services, town-planning support, Statements of Environmental Effects, development application support and related consulting.

A service description is general only. Availability, scope, jurisdiction, professional responsibility, required registrations, deliverables and fees must be confirmed for each engagement. We will not undertake work that we are not lawfully authorised or professionally competent to perform.

4. No professional engagement from Website use

None of the following, by itself, creates a professional engagement or obliges us to accept or commence work:

• viewing or downloading Website content;
• submitting a contact, consultation or quotation form;
• sending an email, text message or document;
• making or receiving a telephone call;
• discussing a potential project;
• receiving an indicative price, preliminary view, availability statement or general information; or
• our acknowledgement of an enquiry or receipt of documents.

Until a written engagement is accepted, we do not undertake to meet any deadline, protect any limitation period, reserve staff or equipment, conduct a conflict check, investigate title, attend a site, provide advice or act exclusively for you.

5. Enquiries, quotations and acceptance

Information supplied through the Website must be accurate and sufficiently complete for us to assess the enquiry. We may request title records, plans, approvals, site details, access information, authority documents or other material before providing a quotation.

Any price, timeframe or scope displayed on the Website or provided informally is indicative unless expressly stated to be a formal quotation. A formal quotation may depend on site conditions, title complexity, historical records, access, travel, urgency, authority requirements, third-party fees, required deliverables and assumptions stated in the quotation.

A quotation becomes binding only when accepted in the manner and within the period stated in it and when any required deposit, information or authority has been received. We may decline an enquiry before acceptance, including because of capacity, location, conflict, professional constraints, safety, incomplete information or scope.

We will not unilaterally change an accepted price or scope except as permitted by the engagement terms, including for an agreed variation, changed circumstances, incorrect assumptions or additional work requested or reasonably required and authorised.

6. Separate professional engagement terms

Professional services are subject to separate written terms that may address scope, exclusions, client responsibilities, access, fees, deposits, disbursements, variations, timeframes, deliverables, electronic files, reliance, intellectual property, record retention, cancellation, suspension, dispute resolution, liability, insurance and termination.

Where a written quotation, proposal, engagement letter or services agreement has been accepted, that document prevails over these Terms in relation to the relevant services. These Terms continue to govern independent Website use and matters not addressed in the engagement document.

7. General information - no site-specific advice

Website content is general information only. It is not a survey, survey certificate, cadastral opinion, boundary determination, legal advice, planning advice, engineering advice, financial advice, tax advice or site-specific professional recommendation.

Laws, surveying requirements, council controls, title records, authority practices, technology and site conditions change. Website content may not be complete, current or suitable for your circumstances. You must not rely on it to purchase or sell land, locate a boundary, erect a fence, design or construct works, lodge an application, resolve a dispute or make a material investment decision.

Professional advice requires a written engagement, appropriate instructions, investigation of relevant records and, where necessary, fieldwork and consultation with authorities or other professionals.

8. Surveying-specific warnings and reliance

• Legal boundaries cannot reliably be determined from fences, occupation, online maps, aerial photographs, satellite imagery, GPS applications, real-estate plans or informal measurements.
• Maps, diagrams, contours, plans, photographs and project examples on the Website may be illustrative, reduced, reformatted, incomplete or unsuitable for measurement.
• A boundary or cadastral conclusion may require examination of title, deposited plans, survey marks, historical evidence, occupation and other evidence by a registered surveyor.
• No Website material may be used for construction set-out, machine control, excavation, fencing, boundary marking, certification or registration unless it is an authorised deliverable expressly issued for that purpose.
• Coordinates, dimensions or levels shown in examples may use different datums, coordinate systems, epochs, units, accuracy classes or assumptions.
• A plan or report issued under a professional engagement may contain specific reliance, purpose, currency and limitation statements that must be read with that deliverable.

Nothing in these Terms limits or diminishes the statutory or professional duties of a registered surveyor or the legal effect of a properly issued survey certificate or professional deliverable.

9. Planning and development support

Information about subdivisions, development applications, Statements of Environmental Effects, council processes or planning controls is general unless provided under a written engagement. Approval outcomes depend on legislation, environmental planning instruments, development controls, title constraints, servicing, design, site conditions, public-authority requirements and decision-maker discretion.

We do not guarantee that a council, certifier, NSW Land Registry Services, utility authority or other body will approve, accept, register or process a proposal within a particular time. Legal, engineering, environmental, heritage, contamination, bushfire, flooding, biodiversity, traffic, geotechnical or other specialist advice may be required from appropriately qualified advisers.

10. Drone, imagery and spatial data

Drone, photogrammetric, LiDAR, imagery, point-cloud, terrain-model and other spatial products are affected by flight permissions, weather, lighting, vegetation, surface conditions, access, ground control, sensor capability, processing methodology, resolution, datum and intended use.

Website examples do not establish that drone or spatial methods are suitable for a particular site or legal boundary purpose. Operational services are subject to applicable aviation, safety, privacy, land-access and professional requirements and to the accuracy statement in the relevant engagement and deliverable.

11. Information and instructions supplied by users

You must provide information that is accurate, complete and not misleading and must promptly tell us if relevant circumstances change. You must not present yourself as the owner, occupier, authorised representative or contracting party unless you have that status or authority.

We may rely on information supplied by you or third parties unless the engagement requires us to verify it. We are not responsible for delay, additional cost or error to the extent caused by inaccurate, incomplete, late or misleading information, subject to applicable law and our own professional obligations.

12. Site access and third-party rights

A Website enquiry does not authorise entry onto land. Site access must be lawfully arranged under the engagement and applicable law. The client may be required to obtain permissions, identify hazards, provide induction information, manage animals, unlock access and notify occupiers or affected persons.

Nothing in these Terms expands or restricts any statutory power or obligation of entry held by a registered surveyor or authorised person. Any statutory entry will be exercised in accordance with applicable law, required notice and professional judgment.

13. Timeframes and availability

Website references to turnaround times or availability are estimates only unless expressly incorporated into an accepted engagement. Actual timing may be affected by weather, access, safety, records, authority responses, third-party consultants, client decisions, field conditions, equipment, workload and project changes.

If an accepted engagement does not specify a binding date, services will be provided within a reasonable time having regard to the nature and circumstances of the work and any non-excludable consumer guarantees.

14. User submissions and uploaded documents

You retain ownership of material you submit to us, subject to the rights of any third party. You grant us a non-exclusive, limited licence to receive, copy, review, store and use that material for assessing the enquiry, communicating with you, conflict and compliance checks, preparing a quotation and, if engaged, performing the services.

You warrant that you are entitled to provide the material and that our permitted use will not infringe another person's rights or breach confidentiality, privacy or law. Do not upload malicious code, unlawfully obtained material or unnecessary sensitive information.

Submission through the Website does not guarantee confidentiality equivalent to a formally accepted engagement or secure data-room arrangement. Contact us before sending unusually sensitive, high-volume or security-sensitive files.

15. Intellectual property

Unless otherwise stated, we or our licensors own the copyright and other intellectual property rights in the Website, including its text, branding, layout, graphics, photographs, illustrations, diagrams, videos and original downloadable content.

We grant you a limited, revocable, non-exclusive, non-transferable licence to view the Website and make a reasonable copy for personal use or internal evaluation of our services. You must not, without prior written permission:

• republish, sell, license, commercially exploit or materially modify Website content;
• remove copyright, attribution, trade mark or other proprietary notices;
• use content to create a misleading survey, plan, report, certificate or representation;
• use our name, logo or registration status in a way that implies endorsement, agency or affiliation;
• systematically scrape, harvest or reproduce substantial content; or
• copy third-party material except as permitted by the relevant owner or law.

Intellectual property in professional deliverables is governed by the applicable engagement. Nothing in these Terms claims ownership of Crown copyright, government records, client-owned information or third-party material.

16. Third-party content and links

The Website may contain links, maps, embedded content, references or data from third parties. They are provided for convenience or information and do not necessarily constitute endorsement. We do not control third-party availability, accuracy, security, terms or privacy practices.

You use third-party services at your own discretion and subject to their terms. This clause does not exclude liability that cannot lawfully be excluded.

17. Website availability and security

We take reasonable steps to operate and secure the Website, but do not guarantee that it will always be available, uninterrupted, error-free, free of harmful code or compatible with every device or browser. We may maintain, update, suspend or discontinue features where reasonably required.

You are responsible for protecting your devices, accounts and data, maintaining backups and using appropriate security when communicating electronically.

18. Prohibited conduct

You must not use the Website to:

• break any law or infringe another person's rights;
• submit false, deceptive, defamatory, threatening, discriminatory or unlawful material;
• gain or attempt unauthorised access to systems, data, accounts or security controls;
• introduce malware, automated attacks, denial-of-service activity or harmful code;
• interfere with the Website, its users or our operations;
• harvest personal information or send unsolicited commercial messages;
• impersonate another person or misrepresent authority, affiliation or ownership; or
• use Website content for unsafe construction, unlawful boundary marking or a misleading professional purpose.

19. Privacy

Our Privacy Policy explains how we handle personal information and forms part of the Website information framework. By providing personal information, you acknowledge that it will be handled in accordance with that Policy and applicable law. The Privacy Policy is available through the Website footer.

20. Electronic communications

You consent to receiving communications electronically in connection with an enquiry or engagement, subject to applicable law and any agreed communication method. Electronic communications may be delayed, intercepted, corrupted, filtered or sent to the wrong address. You should contact us if a matter is urgent or if expected confirmation is not received.

A communication is not treated as received merely because it was sent. Acceptance of a quotation or engagement must satisfy the method specified in that document. A person accepting on behalf of an entity warrants that they have authority to bind that entity.

21. Australian Consumer Law

Where services are supplied to a consumer, statutory guarantees may require that they be provided with due care and skill, be fit for a disclosed purpose where the guarantee applies, and be supplied within a reasonable time if no time is fixed. Remedies depend on the circumstances and applicable law.

22. Liability relating to Website use

To the maximum extent permitted by law, we are not liable for loss caused by reliance on general Website content as though it were a site-specific survey, professional advice or authorised construction information, where these Terms clearly state that such reliance is inappropriate.

To the maximum extent permitted by law, we exclude liability for indirect, special or consequential loss arising solely from free Website access, including loss of opportunity, revenue, anticipated savings or data, except to the extent the loss was reasonably foreseeable and caused by our breach, negligence, fraud, wilful misconduct or other liability that cannot be excluded.

We remain responsible for loss to the extent caused by our breach of a non-excludable duty or guarantee. Liability for accepted professional services is governed by the relevant engagement and applicable law, not solely by this Website clause.

You must take reasonable steps to mitigate any loss and must not rely on obvious errors, incomplete examples or material marked as illustrative or preliminary.

23. Directors, officers, employees and contractors

Your contractual dealings concerning the Website and any accepted company engagement are with Riverina Surveying & Consulting Pty Ltd, unless a written document expressly states otherwise. A director, officer, employee, registered surveyor or contractor who communicates or signs on behalf of the company does not thereby assume a separate personal contractual obligation.

This clause does not exclude or limit any personal statutory, professional, tortious or other liability that the law imposes and does not prevent a lawful claim against a person who is legally responsible for their own conduct.

24. Limited indemnity

To the extent permitted by law, you indemnify us against direct loss, liability and reasonable external costs arising from your unlawful use of the Website, deliberate or material breach of these Terms, infringement of third-party rights, malicious conduct or knowingly false submission.

The indemnity does not apply to the extent that the loss was caused or contributed to by our negligence, breach, unlawful conduct or failure to take reasonable steps to mitigate loss. It does not require a consumer or small business to indemnify us for risks that should reasonably be borne by us.

25. Suspension or termination

We may restrict or terminate Website access where reasonably necessary because of material breach, unlawful activity, security risk, misuse, court or regulator direction, technical protection or discontinuation of the Website. Where practicable and lawful, the restriction will be proportionate to the issue.

Termination of Website access does not affect accrued rights, accepted engagements or provisions intended to continue, including intellectual property, privacy, liability and governing-law provisions.

26. Complaints and disputes

Questions or complaints about the Website should first be sent to thili@riverinasurveying.com.au. We will seek to address the matter promptly and in good faith. Complaints relating to accepted professional services will be handled under the relevant engagement, applicable professional requirements and law.

Nothing in these Terms prevents a person from contacting a regulator, professional body, consumer agency, court or tribunal or from exercising a non-excludable legal right.

27. Changes to these Terms

We may update these Terms for future Website use by publishing a revised version with a new effective date. Changes do not retrospectively alter an accepted professional engagement or remove accrued rights. If a material change affects ongoing Website functionality, we may provide an additional notice where reasonable.

28. Governing law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and courts entitled to hear appeals from them. This does not prevent a consumer from relying on any mandatory right to bring a claim in another jurisdiction.

29. General provisions

If any provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or severed, without affecting the remaining provisions. A failure or delay in exercising a right is not a waiver. Headings are for convenience only.

These Terms constitute the entire agreement concerning general Website use, but not concerning accepted professional services. No agency, partnership, employment or fiduciary relationship is created by Website use. You may not assign Website rights in a way that prejudices us or circumvents these Terms. We may transfer operation of the Website as part of a lawful business restructure or sale, subject to applicable privacy and consumer laws.

30. Contact