The terms that govern your use of our website and your engagement of our property services.
These Terms and Conditions ("Terms") govern your use of the website located at somatastatpty.site ("Site") and your engagement of any services provided by Somata State Pty Ltd (ABN 83 696 691 782 / ACN 696 691 782) ("Somata State", "we", "us", or "our").
By accessing our Site, engaging our services, or entering into a management agreement with us, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Strata Titles Act 1985 (WA), and the Property Management Act.
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Somata State provides strata management, body corporate administration, property advisory, financial management, compliance and governance, and facility and asset management services in Western Australia. The scope, fees, and terms of any engagement are set out in the applicable management agreement or service contract.
All services are delivered in compliance with the Strata Titles Act 1985 (WA), the Property Management Act, and relevant Western Australian property legislation. Where we provide property advice, it is general in nature and does not constitute legal, financial, or investment advice.
Our management fees are set out in the relevant management agreement. Strata levies are determined by the council of owners in accordance with the Strata Titles Act 1985 (WA) and are payable as specified in the levy notice.
Our obligations as strata manager are set out in the relevant strata management agreement and the Strata Titles Act 1985 (WA). We will:
We act on the instructions of the council of owners and do not make decisions on behalf of the council unless expressly authorised to do so.
All intellectual property rights in the content of the Site — including text, graphics, logos, reports, templates, and software — are owned by or licensed to Somata State. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Strata management reports, financial statements, and other documents prepared for a scheme are provided to the council of owners for the purpose of scheme administration and may not be reproduced or distributed without our prior written consent.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are provided with due care and skill, are fit for purpose, and are provided within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Subject to clause 8 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless Somata State, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with a management or service engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
A management agreement may be terminated in accordance with its own termination provisions and the Strata Titles Act 1985 (WA). In general:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Somata State to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written management agreement or service contract and our Privacy Policy, constitute the entire agreement between you and Somata State with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: