Terms and Conditions of Service

These Terms and Conditions govern your use of elixoravento Consulting services and website. By engaging our services or accessing our website, you agree to these terms. Please read carefully before proceeding.

Last updated November 5, 2025

Acceptance of Terms

By accessing the elixoravento website, submitting inquiries, or engaging our consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any provision, you must not use our services or website. These terms constitute a legally binding agreement between you and elixoravento Consulting.

Definitions

For purposes of these Terms and Conditions, the following definitions apply throughout this document:

  • Services refers to property market analysis, investment attractiveness evaluations, consulting sessions, research reports, and related professional services provided by elixoravento Consulting to clients.
  • Client refers to any individual or entity that engages elixoravento Consulting for services, submits inquiries, or enters into service agreements with the company.
  • Website refers to the elixoravento online presence located at elixoravento.sbs and all associated pages, content, and functionality accessible through this elixoravento.
  • Reports refers to written analysis, research findings, data compilations, and documentation delivered to clients as part of consulting services.

Use of Services

elixoravento Consulting provides independent market research and analysis services. Services are intended to inform decision-making but do not constitute financial advice, investment recommendations, or guarantees of outcomes. You acknowledge that property markets involve risk and that past performance doesn't guarantee future results. You are responsible for your own decisions based on information provided.

Eligibility

Services are available to individuals aged eighteen years or older and to legal entities with capacity to enter binding contracts. By engaging our services, you represent that you meet these eligibility requirements and have authority to bind any entity on whose behalf you act.

Services are provided for informational purposes and professional research only.

Client Responsibilities and Obligations

Clients engaging elixoravento Consulting services agree to fulfill the following responsibilities to enable effective service delivery:

  • Provide accurate, complete information regarding inquiry scope, property interests, and relevant circumstances affecting research requirements.
  • Respond promptly to requests for clarification, additional information, or feedback necessary to complete services effectively.
  • Use services and information provided in accordance with these terms and applicable laws without misrepresentation or unauthorized purposes.
  • Make timely payment for services rendered according to agreed fee structures and payment terms established in service agreements.

Prohibited Uses

The following uses of our services and website are strictly prohibited:

  • Misrepresenting yourself, your affiliations, or your authority to engage services or access information on behalf of others.
  • Using services or information obtained for illegal purposes, fraudulent activities, or to violate rights of third parties.
  • Attempting to gain unauthorized access to our systems, client information, proprietary data, or restricted areas of the website.
  • Reproducing, distributing, or commercializing reports or proprietary information without explicit written permission from elixoravento Consulting.
  • Interfering with website functionality, transmitting malicious code, or engaging in activities that disrupt services to other users.

Intellectual Property Rights

All content, reports, analysis, methodologies, website design, text, graphics, logos, and materials produced by elixoravento Consulting are protected by intellectual property rights. We retain all ownership rights to our work product. Clients receive limited license to use reports for personal or internal business purposes only. Reproduction, public distribution, or commercial use requires prior written consent.

Client-Provided Information

Information you provide through inquiries, forms, or communications remains your property. By submitting information, you grant elixoravento Consulting permission to use it for purposes of delivering requested services and maintaining our business relationship. You represent that you have rights to provide such information.

Confidentiality of Client Information:

We maintain confidentiality of client information in accordance with our Privacy Policy and professional standards. Client information is not shared with third parties except as necessary for service delivery or as required by law. Confidentiality obligations survive termination of service relationships.

Privacy and Data Protection

Your privacy is important to us. Collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. We comply with Australian Privacy Principles and applicable data protection legislation. By using our services, you consent to data practices described in our Privacy Policy. Privacy Policy

Service Disclaimers and Limitations

The following disclaimers apply to all services provided by elixoravento Consulting:

No Guarantees of Outcomes:

Market analysis and research do not guarantee investment success, property value increases, or specific outcomes. Real estate markets are subject to numerous unpredictable factors. Results may vary significantly from analysis. Past performance doesn't guarantee future results. All property decisions carry risk.

Limitation of Liability

To the maximum extent permitted by Australian law, elixoravento Consulting's liability for any claims arising from services is limited to the fees paid for the specific service giving rise to the claim. We are not liable for indirect, consequential, or incidental damages including lost profits or opportunities.

Indemnification

You agree to indemnify and hold harmless elixoravento Consulting, its directors, employees, and agents from claims, damages, losses, and expenses arising from your use of services, violation of these terms, or infringement of third-party rights through your actions.

Dispute Resolution Process

In the event of disputes arising from these terms or services provided, the following process applies:

Arbitration

Disputes not resolved through negotiation will be settled through binding arbitration under Australian commercial arbitration rules. Arbitration will occur in the state where elixoravento Consulting maintains principal offices. Each party bears its own arbitration costs unless determined otherwise by arbitrator.

Arbitration awards are final and binding, subject to limited appeal rights under applicable law.

Online Dispute Resolution Platform

For disputes arising from online transactions, clients may access online dispute resolution platforms provided by Australian consumer protection authorities. This does not replace arbitration provisions but offers additional resolution avenues for qualifying disputes.

Australian Consumer Law Resources: Australian Consumer Law Resources

Governing Law and Jurisdiction

These Terms and Conditions are governed by laws of Australia and the state where elixoravento Consulting maintains principal operations. You consent to exclusive jurisdiction of courts in that location for any legal proceedings not subject to arbitration provisions.

Termination

Either party may terminate service relationships according to terms specified in individual service agreements. elixoravento Consulting reserves the right to refuse service or terminate relationships for violation of these terms, non-payment, or other reasonable business grounds. Confidentiality and intellectual property provisions survive termination.

Modifications

elixoravento Consulting reserves the right to modify these Terms and Conditions at any time. Changes become effective upon posting to the website. Continued use of services after modifications constitutes acceptance of revised terms. Material changes will be communicated to active clients via email or account notification.

Severability

If any provision of these Terms and Conditions is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and remaining provisions will continue in full force and effect. Invalid provisions will be replaced with valid provisions achieving similar intent.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and elixoravento Consulting regarding use of services. These terms supersede all prior understandings, representations, or agreements regarding the subject matter.

Contact Information for Terms Inquiries

For questions regarding these Terms and Conditions, contact elixoravento Consulting using the information below:

Email Address: content@elixoravento.sbs

Phone Number: +61.7.4496.3686

Mailing Address: 1 Bligh Street, Level 26, Sydney, NSW 2000 Australia

Effective Date of Terms: These terms became effective November 5, 2025

Version: 1.2