Terms & Conditions

Terms and Conditions of Service

Effective Date: 27 November 2025 · Last Updated: 25 February 2026

1. Acceptance of Terms

By submitting your service request, uploading documents, or making payment, you ("Client," "you," "your") agree to be legally bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use our services. These Terms constitute a binding legal agreement between you and Moyne Ross ("Company," "we," "us," "our").

2. Service Definition

2.1 What We Provide

Moyne Ross provides capital expenditure analysis and forecasting services. The core product is Capital Strategy, a 10-year, 12-layer building assessment delivered as an Excel workbook. Capital Strategy is governed by these Terms.

Two additional service tiers, Due Diligence and Retained Advisory, are available for transactions, lending decisions, and ongoing advisory engagements. These tiers are governed by separate engagement terms issued at the point of instruction and carry professional indemnity insurance. They are not covered by these Terms.

Capital Strategy (Remote Analysis)

Capital Strategy is delivered remotely, typically within the timeframe communicated at engagement, and includes:

• Systematic analysis of client-provided building documentation including plans, reports, photos, maintenance records, and compliance certificates
• Supplementary analysis using publicly available information including satellite imagery, street-level imagery, and regulatory databases
• Capital expenditure forecasting over a 10-year planning horizon
• Identification and categorisation of building systems, elements, and components
• Condition assessment based on available documentation, imagery, and inferred age and lifecycle factors
• Risk-managed provisional allowances for elements where information is incomplete or verification is not possible
• Confidence ratings indicating the certainty level of each assessment
• Deliverables provided as an Excel workbook containing Capital Register, Executive Summary, and Methodology
• Access to the Moyne Ross Capital Intelligence Viewer, a browser-based tool for exploring, filtering, and exporting your Capital Strategy data
• Processing and analysis using third-party artificial intelligence services, with human expert review and validation of all outputs

Capital Strategy is conducted entirely without physical site attendance. All findings are based on documentation, imagery, and inference, not direct physical inspection.

Due Diligence and Retained Advisory

Due Diligence (on-site validation) and Retained Advisory (ongoing technical intelligence) are available as separate service tiers. These are instructed under separate terms of engagement, carry professional indemnity insurance, and are not governed by these Terms. On-site services do not constitute formal building surveys, engineering inspections, compliance audits, or professional certification of any kind. Contact us for details.

Capital Strategy is remote planning intelligence delivered using AI-assisted analysis. It is not a building survey, condition report, structural assessment, compliance audit, engineering inspection, valuation, or professional certification of any kind. Capital Strategy does not carry professional indemnity insurance. All findings are based on documentation, imagery, and AI-assisted inference — not physical inspection or direct observation — and must be verified by appropriately qualified, licensed professionals before any action is taken. Capital Strategy is designed for initial budget allocation, strategic planning, and prioritisation. It is not suitable as a sole basis for transactions, lending decisions, or contractual commitments.

Due Diligence and Retained Advisory are professional service tiers that provide a materially higher level of assurance. They are instructed under separate terms of engagement and include:

• Professional indemnity insurance
• On-site attendance and direct physical verification of building conditions
• Named, qualified professional oversight with accepted responsibility for deliverables
• Deliverables appropriate for transactions, lending decisions, and ongoing advisory engagements
• The ability to provide third-party reliance, subject to separate agreement

If your circumstances require insured professional advice, physical verification, or deliverables suitable for third-party reliance, transactional decision-making, or regulatory compliance, you should instruct Due Diligence or Retained Advisory rather than relying on Capital Strategy alone. Contact us to discuss which service tier is appropriate for your needs.

2.2 What We Explicitly Do NOT Provide

Regardless of which services you purchase, Moyne Ross does NOT provide:

• Professional engineering, structural, architectural, or building surveying advice or certification
• Compliance certification against any building code, safety standard, or regulatory framework (including NCC, BCA, and Australian Standards)
• Trade services certification (electrical, mechanical, hydraulic, fire, asbestos, or hazardous materials)
• Heritage or accessibility (DDA) assessment, advice, or certification
• Detailed design drawings, specifications, or construction documentation
• Professional indemnity coverage for building conditions or works undertaken based on our analysis
• Verification or warranty of the accuracy of client-provided information
• Construction management, project management, contractor engagement, or oversight
• Financial, investment, legal, or property valuation advice

Our services provide planning intelligence to support your decision-making. They do not replace the advice, certification, or sign-off of appropriately qualified, licensed professionals.

2.3 Professional Registration Disclaimer

Our services are not provided in our capacity as registered professional engineers, architects, or building surveyors, regardless of any qualifications our personnel may hold. Our analysis does not constitute professional advice requiring registration, site inspection certification, or compliance with professional standards mandating formal certification.

2.4 Third-Party AI Processing

By using our service, you understand and consent to:

• Processing of your building information by these third-party AI providers
• Storage and analysis of your data on servers outside Australia (primarily in the United States)
• Potential retention of your data according to third-party provider policies
• Cross-border transfer of your information for AI analysis purposes
• Data handling in accordance with each provider's applicable terms of service . Claude is accessed via Anthropic's Pro plan with model improvement disabled; Gemini via Google Workspace Business under the Cloud Data Processing Addendum. Under these arrangements, client data is not used for model training

We do not control third-party AI systems and disclaim liability for their performance, accuracy, availability, data handling practices, security measures, or regulatory compliance. If you are not comfortable with your building information being processed by third-party AI services, our service is not suitable for you.

Contesting AI Use: If you have concerns about the use of AI in the delivery of your Capital Strategy, you may raise those concerns in writing via our contact form. We will acknowledge receipt within 5 business days and provide a written response within 15 business days, including any corrective action taken or proposed.

AI-Specific Redress: If you believe you have been negatively affected by the use of AI in our service delivery, you may raise a formal complaint in writing via our contact form. We will investigate and provide a written response within 20 business days. If the matter is not resolved to your satisfaction, you may refer it to the RICS Dispute Resolution Service or any other applicable dispute resolution mechanism specified in these Terms.

Opting Out of AI: Capital Strategy is delivered using AI-assisted analysis as a core component of the methodology. It is not possible to opt out of AI processing and receive a Capital Strategy deliverable, as the service is designed around AI-assisted analysis validated by human expert review. If you are not comfortable with your building information being processed by third-party AI services, Capital Strategy is not suitable for you. Our Due Diligence and Retained Advisory service tiers involve direct professional analysis, carry professional indemnity insurance, and may be instructed as an alternative. Contact us to discuss your options.

Professional Indemnity Insurance and AI: Capital Strategy (Remote Analysis) does not carry professional indemnity insurance and is not covered by professional indemnity for any aspect of its delivery, including AI-generated analysis. Our Due Diligence and Retained Advisory service tiers are instructed under separate terms of engagement that include professional indemnity coverage appropriate to the scope of the instruction. If your requirements include insured professional advice, please contact us to discuss these service tiers.

AI Process Transparency: AI systems are involved in the following parts of the Capital Strategy delivery process:

• Document analysis, information extraction, and synthesis of client-provided materials
• Building system identification, categorisation, and component mapping
• Condition assessment and inference based on documentation, imagery, and lifecycle factors
• Risk identification and provisional allowance calculation
• Cost estimation, benchmarking, and forecasting
• Report generation, narrative drafting, and deliverable compilation

All AI-generated outputs are reviewed, validated, and where necessary corrected by a named, qualified professional who accepts responsibility for the final deliverable before it is issued to the client.

Explainability: You may request, at any time during or after the delivery of your Capital Strategy, written information regarding: the type of AI system used; its basic ways of working and known limitations; the due diligence processes carried out before its adoption; the way in which relevant risks associated with its use are identified and managed; and the decisions made about the reliability of AI outputs in relation to your specific instruction. Requests should be directed via our contact form.

2.5 AI-Generated Content Limitations

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

• Produce technically incorrect recommendations
• Generate cost estimates that differ significantly from actual market rates
• Create specifications that require modification by qualified professionals
• Exhibit biases or limitations inherent in AI training data
• Malfunction due to prompt injection or malicious content in uploaded documents

We disclaim liability for AI errors, hallucinations, inconsistencies, or technical limitations in generated analysis.

2.6 Third-Party Reliance Management

Our deliverables are prepared exclusively for the named client. Contractors, subcontractors, lenders, insurers, purchasers, tenants, or any other third parties may not rely on our deliverables without our written consent.

Third-Party Reliance: Where a third party wishes to rely on our deliverables, this requires our prior written consent, a separate agreement, and may involve an additional fee. Any third-party reliance without our formal written consent is undertaken entirely at their own risk. Contact us for details.

2.7 Cost Estimate Limitations

All cost estimates are indicative only and based on limited information without site verification, physical inspection, or detailed quantity measurement. Actual costs may vary significantly from our estimates. We disclaim liability for cost estimate accuracy and recommend obtaining competitive contractor quotes for all works. Our estimates are suitable for initial budget allocation and strategic prioritisation, but are not for tendering, final procurement, or contractual budgeting decisions.

2.8 Market Data Disclaimer

Cost estimates rely on third-party market data, web sources, and industry databases. We do not warrant the accuracy, currency, reliability, or completeness of third-party market information. Market conditions change rapidly and our analysis may not reflect current pricing.

2.9 Assessment Currency Limitations

Our analysis reflects building conditions as documented at assessment date only. Building conditions may deteriorate, systems may fail, or new issues may arise after our assessment. We have no obligation to update analysis for subsequent condition changes or provide ongoing monitoring services.

3. Client Responsibilities and Acknowledgments

3.1 Information Provision

You acknowledge and agree that:

• You are solely responsible for the accuracy, completeness, and currency of all information provided
• Our analysis is entirely dependent on the quality and completeness of your provided information
• Inaccurate or incomplete information will directly impact the accuracy of our analysis
• We have no obligation to verify information accuracy or completeness
• You warrant that you have legal authority to provide all submitted documentation
• You consent to processing of your information by third-party AI services
• You warrant that uploaded documents contain no malicious code, viruses, or content designed to compromise AI systems

Information Quality Protocol: Should we identify significant contradictions, corruptions, or deficiencies in provided information, we reserve the right to pause analysis and request clarification from you. Any delays arising from this clarification process will impact delivery timeline and do not constitute grounds for refund or service credit.

3.2 Professional Verification Requirements

You acknowledge and agree that:

• ALL significant recommendations require verification by appropriately qualified, licensed professionals before implementation
• Structural recommendations require verification by a licensed structural engineer
• Building compliance matters require verification by a licensed building surveyor
• Electrical, mechanical, hydraulic systems require verification by licensed trade professionals
• Heritage buildings require verification by qualified heritage consultants
• Our analysis does not constitute professional engineering, surveying, or trade advice
• AI-generated content requires professional review before any implementation decisions
• Cost estimates require verification through competitive contractor quotes

3.3 Implementation Responsibilities

You acknowledge and agree that:

• You are solely responsible for engaging qualified professionals for all building works
• You are solely responsible for obtaining all necessary permits, approvals, and certifications
• You are solely responsible for ensuring all works comply with applicable building codes and regulations
• You are solely responsible for project management, contractor selection, and work supervision
• We provide planning intelligence only - not implementation oversight, professional services, or project management

3.4 Service Scope Limitations

You acknowledge that despite comprehensive analysis methodologies described in our service guide, our service provides planning intelligence only. We do not provide professional certification, regulatory compliance advice, construction management, or implementation oversight.

4. Scope Limitations and Disclaimers

4.1 Assessment Limitations

Remote Analysis Limitations: Our remote analysis services are conducted without physical site inspection. Remote findings are based on documentation, imagery, and inference - not direct observation.

On-Site Services: Where on-site services are purchased, our attendance provides direct observation and targeted verification. However, on-site services do not constitute formal building surveys, engineering inspections, compliance audits, or professional certification of any kind. All on-site findings remain subject to verification by appropriately qualified, licensed professionals.

Documentation-Based Only: Our remote analysis relies entirely on client-provided documentation processed through third-party AI services. We make no representations about actual building conditions beyond what can be inferred from provided information.

No Warranty of Conditions: We provide no warranty, guarantee, or assurance regarding actual building conditions, system performance, or structural integrity.

4.2 Professional Standards Disclaimer

Not Professional Advice: Our service does not constitute professional engineering, architectural, building surveying, or trade advice under any applicable professional standards or licensing requirements.

No Professional Relationship: No professional engineer-client, architect-client, or surveyor-client relationship is created through our service.

Planning Intelligence Only: Our deliverables provide planning information only, not professional advice or professional services.

4.3 Regulatory Compliance Disclaimer

No Compliance Certification: We do not certify building compliance with any building code, safety standard, or regulatory requirement. Our deliverables — including Capital Strategy reports — must not be interpreted as, relied upon as, or represented as building compliance documentation, compliance certification, or evidence of compliance with any building code, safety standard, or regulatory framework (including but not limited to the NCC, BCA, Australian Standards, DDA, or any state or territory building regulations).

Not a Substitute for Compliance Assessment: Capital Strategy reports are planning intelligence tools. They do not assess, verify, or certify whether a building meets any compliance requirement. If you require building compliance assessment, certification, or documentation, you must engage an appropriately qualified and licensed building surveyor or compliance professional.

Client Compliance Responsibility: You are solely responsible for ensuring all building works comply with applicable building codes, safety standards, accessibility requirements, heritage regulations, and all other applicable laws.

Regulatory Changes: Building codes and regulations change frequently. Our analysis reflects standards current at time of assessment only.

4.4 Third-Party AI Service Limitations

Service Dependency: Our service depends on third-party AI providers' availability, performance, and technical capabilities. We disclaim liability for:

• Service delays or interruptions caused by third-party AI service outages
• Changes to third-party AI provider terms, pricing, or availability
• Third-party AI provider security incidents or data breaches
• Variations in AI performance, accuracy, or reliability
• Third-party AI provider business decisions affecting service availability
• AI regulatory changes affecting third-party provider compliance

5. Limitation of Liability

5.1 Maximum Liability Cap

Absolute Liability Limit: Our total liability to you for any and all claims arising from or related to our services, regardless of the theory of liability, shall not exceed the total amount paid by you for the specific service giving rise to the claim.

5.2 Excluded Damages

We shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, lost savings, or lost business opportunities
• Property damage or personal injury
• Construction delays, cost overruns, or project failures
• Regulatory non-compliance or enforcement actions
• Professional liability of contractors, engineers, or other specialists
• Any damages resulting from reliance on our analysis without proper professional verification
• Third-party AI service errors, outages, security incidents, or data handling issues
• AI-generated errors, hallucinations, or inaccuracies in analysis content
• Inaccurate cost estimates or market data
• Building condition changes after assessment date
• Third-party reliance on our deliverables
• Investment decisions based on our deliverables

5.3 Time Limitation

Claims must be brought within two (2) years of the delivery of our deliverables, regardless of when the damage is discovered.

6. Intellectual Property

6.1 Our Intellectual Property

Our assessment methodologies, analysis frameworks, AI instructions, deliverable formats, and proprietary processes remain our exclusive intellectual property. You may not copy, modify, distribute, or create derivative works based on our methodologies.

6.2 Your Information

You retain ownership of all information and documentation you provide. By submitting information, you grant us a limited license to use, analyze, and process your information solely for providing our services, including processing through third-party AI services.

6.3 Deliverables Ownership and Licensing

Subject to your ownership of the underlying provided information, the final deliverables including all analysis, compilations, and content generated through our proprietary processes and third-party AI services is the exclusive intellectual property of Moyne Ross. You are granted a limited license to use these deliverables as defined in Section 6.5.

6.4 Third-Party AI Generated Content

Content generated by third-party AI services may be influenced by their training data and algorithms. We make no warranty regarding intellectual property clearance of AI-generated content or freedom from third-party intellectual property claims.

6.5 Deliverables Usage

You may use our deliverables for internal business purposes only. You may share deliverables with your professional advisors, contractors, and other parties involved in your building projects, provided they agree to maintain confidentiality and understand the limitations stated in these Terms.

7. Confidentiality and Data Security

7.1 Information Handling

We treat all client information as confidential and implement reasonable security measures to protect your data. However, no data transmission or storage system is completely secure, and we cannot guarantee the security measures of third-party AI providers.

7.2 Third-Party AI Data Processing

Your building information will be processed by third-party AI services including Anthropic (Claude) and Google (Gemini). These providers may store your data on overseas servers (primarily in the United States), retain data according to their own policies and terms of service, apply their own security measures which may differ from ours, and be subject to foreign government data access requirements.

7.3 Data Retention and Deletion

We retain client information only as long as necessary to provide our services and comply with legal obligations. You may request deletion of your information from our systems, but we cannot guarantee complete deletion of your data from third-party AI provider systems.

7.4 Cross-Border Data Transfer

By using our service, you explicitly consent to the transfer of your information to third-party AI providers located outside Australia, primarily in the United States, for processing and analysis purposes.

8. Payment Terms

8.1 Payment Required

Payment is required before analysis commencement. We accept payment via Stripe or other approved payment processors.

8.2 Refund Policy

All payments are final and non-refundable once analysis has commenced, except where required by Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee that cannot be excluded under Australian Consumer Law. Analysis is deemed to have commenced when client documentation is successfully processed into our automated AI analysis queue following payment receipt, regardless of whether the final deliverables have been provided.

8.3 Currency and Taxes

All prices are in Australian Dollars (AUD) and exclude GST unless otherwise stated. You are responsible for all applicable taxes.

9. Indemnification

You agree to indemnify, defend, and hold harmless Moyne Ross, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal costs) arising from or related to:

• Your use of our services
• Your breach of these Terms
• Any inaccurate or misleading information you provide
• Your failure to obtain proper professional verification of our recommendations
• Any building works undertaken based on our deliverables
• Any third-party claims related to your building or our analysis thereof
• Third-party AI processing of your information
• Decisions or actions taken based on our deliverables without appropriate professional verification
• Your consent to data processing by third-party AI providers
• Third-party reliance on our deliverables
• Investment or business decisions based on our analysis

10. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, government actions, internet failures, AI system unavailability, third-party AI service outages, maintenance, technical issues, or regulatory changes affecting AI services.

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 disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

11.3 Dispute Resolution

Before initiating legal proceedings, parties agree to attempt resolution through good faith negotiation for thirty (30) days.

12. General Provisions

12.1 Entire Agreement

These Terms constitute the entire agreement between you and Moyne Ross regarding our services and supersede all prior agreements and understandings.

12.2 Amendment

We may modify these Terms at any time by posting updated Terms on our website. Continued use of our services after such posting constitutes acceptance of the modified Terms.

12.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain 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 without restriction.

12.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13. Specific Acknowledgments Required

By using our services, you specifically acknowledge and agree that:

• Our analysis is based on documentation and imagery you provide, not physical site inspection, and we provide planning intelligence only — not professional building advice or certification
• Your building information will be processed by third-party AI services located outside Australia, and you consent to this cross-border data transfer
• AI-generated content may contain errors, hallucinations, or inaccuracies, and we cannot control or guarantee third-party AI service performance or data handling
• All cost estimates are indicative only and may vary significantly from actual costs
• You will engage appropriately qualified, licensed professionals to verify all significant recommendations and ensure all building works comply with applicable codes and regulations
• Our liability is limited to the amount you paid for the specific service giving rise to the claim
• Third parties may not rely on our deliverables without our prior written consent
• You have read, understood, and agree to be bound by these Terms in their entirety

Contact: Moyne Ross · Contact Us

By submitting your service request, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.