Property Registry Pty Ltd ACN 634 952 417 (Property Registry) is a provider of property information and related services. These services include providing information and services sourced from government departments, agencies and industry sources.
1.1 In consideration of the services provided to you by Property Registry as described on this website you agree to make the appropriate payment and to be bound by these Terms and Conditions of Use.
1.2 The information and documents we provide for you are electronic copies of authentic documents held by the Land Registries of QLD, NSW, VIC, WA, SA, ACT and NT and/or their agents, and other official bodies. We do not take responsibility for errors made by them. The information we provide is as provided by them.
1.3 Electronic information processed over the internet or by email may be subject to delays or losses beyond our control. Neither we nor our information providers shall be liable for any losses arising therefrom.
1.4 We agree to take payment from you by credit card. In consideration of this you agree not to cancel credit card payments made by you. Cancellation of credit card orders following a purchase on your behalf may result in civil proceedings against you.
1.5 You will be notified by email as soon as your documents are ready and you will be able to access them immediately. Emails regarding your order will be sent to you from email@example.com. It is your responsibility to ensure that your email address can accept emails from this email address. You may need to add firstname.lastname@example.org to your address.
1.6 Land & Property Information Conditions of use: Users are prohibited from: Using the Property Information in any way other than for their own business purposes, on-selling, sub-licensing, disclosing or otherwise providing Property Information in any form to any other person; Altering the format, meaning or substance of any Property Information supplied Printing Property Information on paper other than plain or pre-printed paper, which includes a Proprietary Notice*; Making copies of the Property Information other than as are reasonably required for backup purposes, provided that such copies include a Proprietary Notice* and are secured so as not to be accessed or used by unauthorized persons or for any purpose other than backup.
*Proprietary Notice means a notice on material in which LANDS claims rights, title or ownership.
2.0 Refunds Policy:
2.1 Refunds are not available under any circumstances once orders have been processed. Only in the event of a search failure will refunds be issued, meaning the order is not received by Property Registry.
3.0 Intellectual Property and Copyright:
3.1 You acknowledge that you do not acquire any property rights in database information provided to you either through ourselves or anyone else from whom we have obtained the information.
3.2 Property Registry and its logo are the trademarks of Property Registry and remain the property of Property Registry. Through your use of our website you may also access registered trademarks of database providers other than ourselves. Unless otherwise provided for under these terms and conditions, you are not authorised to reproduce or utilise Property Registry or other database provider trademarks or logos for any activity other than those prescribed under these terms and conditions. All trademarks remain the property of their registered owner.
4.0 Support Services
4.1 Property Registry will provide customer service support via email and will endeavor to provide a twenty-four (24) hour turnaround on this service during published operating hours. An email form is provided on Property Registry website www.propertyregistry.com.au for this purpose.
4.2 Property Registry shall not be liable to the User in negligence or otherwise in respect of anything done or omitted to be done by the User in reliance in whole or in part on the Service including any assistance or demonstration provided to the User by Property Registry and Property Registry liability to the User shall in any event be limited to the amount of the fees charged for the particular service to which such liability relates.
4.3 To the extent that Clause 4.2 is rendered void or unenforceable by any relevant law Property Registry liability to the User is limited to either (at Property Registry discretion) the supplying of the service again or the payment of the cost of having the service supplied again.
5.0 Minimum System Requirements
5.1 Property Registry uses Internet technology. It is the responsibility of the Client to meet the technology requirements in relation to use of the System. These technology requirements may vary from time to time.
6.0 Interruption to Service
6.1 Property Registry does not warrant that Client access to Property Registry will be uninterrupted (except to the extent, if any, where such warranty may be implied by law and be incapable of exclusion by Property Registry).
6.2 Property Registry will use best efforts to provide access during the published hours of service. However, there may be an interruption to services to facilitate urgent reasonable maintenance by Property Registry.
6.3 Property Registry will not be liable to the Client or third parties for interruptions to the service beyond its control including but not limited to:
(I) problems with Client telecommunications services;
(ii) problems with Client Internet service provider; or
(iii) problems with Client hardware or software,
Except to the extent, if any, that Property Registry is not able to lawfully exclude such liability.
7.0 Disclaimer of Liability
7.1 The Client agrees that Property Registry’s staff, employees, directors, agents or contractors will not be liable to the Client for anything (even negligence) regarding Property Registry (for example, without limitation, inaccurate information), except to the extent (if any) that Property Registry cannot exclude such liability.
7.2 The Property Registry service is provided ‘as is’ and ‘as available’. Property Registry has been implemented in a technical environment that is designed to provide high availability and be fault-tolerant. However, as with any technology-based facility, the speed and characteristics of the Property Registry will vary at different times and under different circumstances and the Property Registry may not always work as described and may be subject to faults, interruption or breakdown or be fully or partially unavailable. In addition, the accuracy of Property Registry Information is dependent on its source. You acknowledge and agree that Property Registry Information and your access to and use of the Property Registry, is on an ‘as is, as available’ basis only.
7.3 Property Registry grants the User access to the Service on the basis that Property Registry is not engaged in rendering legal or other professional services.
8.0 Use of Information on Database
8.1 Property Registry is not responsible for any lost or damaged documents after the purchase has been complete, documents will need to be repurchased in this instance.
8.2 Property Registry is made available only for the Client’s personal information or business operations. The Client agrees not to use Property Registry data to provide or facilitate direct online access to any other person.
8.3 Property Registry will only keep your purchased documents on our server for a maximum of 60 days. After 60 days the document will be removed from our server as dictated by each states land registries.
NOTE: These Terms and Conditions of Use do not provide a Client with the authority to resell Property Registry Information services.
9.1 You agree to indemnify and keep indemnified and hold us, our agents and employers harmless from and against any claim or demand brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non‐observance of these terms.
Additional Authority Information
10.0 Accessing Authority Information
10.1 The User warrants that, unless otherwise stated in this Agreement, it will:
(I) not alter the format, meaning or substance of any Authority Information; and
(ii) not augment or incorporate the Authority Information with any other data or product in such a way as to change, or cause any person to be misled as to, the context or meaning of the Authority.
11.1 Access to any Authority Information will be subject to the availability of the Authority Information as made available by the relevant Authority from time to time.
11.2 Property Registry shall not be responsible for any inaccuracy, defect or error in any Authority Infomation.
11.3 The User acknowledges that the Authorities providing Authority Information cannot and do not warrant that their databases are free of inaccuracies, defect or errors. Unless otherwise explicitly stated in writing from the relevant Authority in this Agreement or otherwise, the Authorities will not be responsible for any such inaccuracy, defect or error in their databases or in any software for accessing or searching those databases and will not be liable for any loss or damage (including consequential loss or damage, which includes, without limitation, loss of profits, business, revenue or data) arising from the use of the Service.
11.4 Notwithstanding the previous paragraph, if the User obtains Authority Information from the State of Queensland (Department of Natural Resources and Mines), the State of Queensland (Department of Natural Resources and Mines) will be liable to compensate the User in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Title Act 1994 (Qld) (as amended) if the User suffers deprivation of a lot, interest in a lot or loss or damage in accordance with the Land Title Act. Where the User is entitled to compensation against the State of Queensland (Department of Natural Resources and Mines) pursuant to the above-mentioned provisions of the Land Title Act, the User agrees that it will seek compensation in accordance with the provisions of the Land Title Act.
11.5 The Authority Information is only valid at the time, date and in the form obtained through the use of the Service. Property Registry and the Authorities accept no responsibility for any subsequent release, publication or reproduction of this information.
12.0 Intellectual Property
12.1 The User:
(I) is licensed to use Authority Information strictly for its own internal business purpose and must not sub-licence this right to any other party without the prior written consent of Property Registry; and
(ii) will not use or permit to be used any Authority’s Intellectual Property or any modification thereof without the prior written consent of the Authority (which may be withheld by the Authority at its absolute discretion).
13.0 Confidential Information
13.1 If Property Registry makes available Authority Information to a User and advises the User that the Authority Information is confidential (Confidential Information), the User must:
(I) keep the Confidential Information confidential and not make public, disclose or use it for any purpose other than that for which it was obtained;
(ii) not disclose or permit the disclosure of the Confidential Information to any unauthorised persons;
(iii) take all steps and do all things necessary, prudent or desirable to safeguard the confidentiality of the Confidential Information (which may include the execution of individual confidentiality undertakings at an Authority’s request);
(iv) dispose of all documents containing or relating to Confidential Information immediately after those documents cease to be required for the User’s internal business purposes; and
(v) comply with any specific directions from Property Registry or the relevant Authority with respect to such Confidential Infomation.
14.0 NSW LAND REGISTRY SERVICES
14.1 For the purposes of this section 14, the following definitions and provisions apply in respect of Authority Information obtained from New South Wales Land Registry Services (LRS) formerly known as Land and Property Information New South Wales (LPI) in relation to the provision of Services by Property Registry to the User under this Agreement.
Property Information means the types of information and data provided by NSW Land Registry Services (formerly LPI)
14.2 The User will not:
(I) use Property Information other than for its own personal or business purposes;
(ii) on-sell and/or sub-licence Property Information in any form to any other person;
(iii) alter the format, meaning or substance of any Property Information supplied; and
(iv) make copies of the Property Information other than is reasonably required for its personal or business purposes or for back up purposes.
15.0 QLD DRNME OPEN LICENCE INFORMATION
15.1 For the purposes of this section 6, the following definitions and provisions apply in respect of Authority Information obtained from the Queensland Department of Natural Resources, Mines and Energy (QLD DRNME) in relation to the provision of Services by Property Registry to the User under a Limited Use Licence agreement.
Direct Marketing means one to one marketing using personal details (eg name, address, email address), normally supported by a database, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.
Licensed Data means data that is owned by or licensed to QLD DRNME and has been licensed to Property Registry under an agreement.
Licensed Data Product(s) means any Value Added product derived from or based on the Licensed Data or any Licensed Data Product(s) and produced by Property Registry.
Privacy Laws means any legislation (or mandatory government policy, where applicable) enacted by Federal or State agencies in relation to privacy and includes the Privacy Act 1988 (Cth) and Information Privacy Act 2009 (Qld).
Value Add/Added/Adding means any repackaging which irreversibly changes the form of the Licensed Data or any augmenting or incorporation of the Licensed Data with other data. Conversion onto a different media or the translation into a different format (e.g. changing colour and formatting) of Licensed Data is not Value Adding.
15.2 The User agrees that it will not use the Licensed Data Product(s) with the intention of encroaching upon the privacy of an individual or for Direct Marketing and it will comply with the Privacy Laws.
16.0 QUEENSLAND TITLES REGISTRY PTY LTD ONLINE DISTRIBUTOR LICENCE AGREEMENT
16.1 For the purposes of this section 16, the following definitions and provisions apply in respect of Authority Information obtained from the State of Queensland (as represented by the Department of Natural Resources, Mines and Energy) (Queensland Titles Registry Pty Ltd) in relation to the provision of Services by Property Registry to the User under this Agreement.
Direct Marketing means one to one marketing using personal details (eg name, address, email address), normally supported by a database/resource, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.
Information Product means an online product supplied through online access search types (eg Title Search).
Personal Infomation means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
16.2 The User acknowledges that it has no rights of ownership in the Information Products and all intellectual property rights including copyright in the Information Products that Queensland Title Registry Pty Ltd or the copyright owner has, are retained by Queensland Titles Registry Pty Ltd or the copyright owner.
16.3 The User acknowledges that, except for sub-section 16.5 (Statutory Compensation) below, Queensland Titles Registry Pty Ltd or does not guarantee the accuracy or completeness of the Information Products, and does not make any warranty about the Information Products.
16.4 The User agrees that, except for the sub-section 16.5 below, Queensland Titles Registry Pty Ltd is not under any liability to it for any loss or damage (including consequential loss or damage) from its use of the Information Products.
16.5 The provisions of sub-sections 16.3 and 16.4 above are subject to the provision that the State of Queensland through Queensland Titles Registry Pty Ltd will be liable to compensate the User in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Title Act 1994 (as amended) if the User suffers deprivation of a lot, interest in a lot or loss or damage in accordance with the Land Title Act. Where the User is entitled to compensation against the State of Queensland through Queensland Titles Registry Pty Ltd pursuant to the above-mentioned provisions of the Land Title Act, the User agrees that it will seek compensation in accordance with the provisions of the Land Title Act.
16.6 The User agrees that it will not use, other than for the purpose for which the Information Products are provided under this agreement, or disclose to any other person, any Personal Information contained in the Information Products.
16.7 The User agrees that it will not use the Information Products for Direct Marketing.
16.8 The User accepts that the use of the Information Products by it will be limited to its own personal use or for use in the ordinary course of its business. It will not on-sell or distribute the Information Products to any other third party, nor will it produce any products incorporating the Information Products except with the prior written approval of Queensland Titles Registry Pty Ltd.
16.9 Notwithstanding any other provision in this Agreement, the User agrees that the terms governing the use and access of Information Product from Queensland Titles Registry Pty Ltd shall be governed by and construed in accordance with the law of the State of Queensland, Australia.
17.0 VIC LANDATA INFORMATION
17.1 For the purposes of this section 17, the following definitions and provisions apply in respect of Landata Information obtained from the State of Victoria and must be read in conjunction with the Agreement between Property Registry and the State.
Ad hoc Customer means a person who requests Licensed Material from the Licensee by way of telephone, mail, fax, email or via the Internet and who is not a “Customer” for the purposes of the Licence Agreement.
Authorised Purposes means:
(i) dealings with interests in land authorised by Law
(ii) a purpose directly related to such dealing provided that the purpose is not contrary to any Law: or
(iii) an enquiry relating to land or the ownership of land recorded In the Register provided that the enquiry or the purpose of enquiry is not contrary to Law;
but does not mean:
(iv) data aggregation, data matching, marketing, compilation of mailing lists, list brokering of the Licensed Material or any related purpose except to the extent that such data aggregation, data matching, marketing, compilation of mailing lists, list brokering of the Licensed Material or related purpose is required by law (including any obligation under a court order).
Crown Land Status Information means information in relation to Crown land that may include land description, whether and for what purposes it is reserved and reference to related instruments.
Customer means the person who has entered into a “Customer Agreement” with the Licensee for access to the Licensed Material.
Land Index means the electronic cross reference table listing registered proprietors, title particulars, parcel and property identifiers of properties located in the State of Victoria maintained by the State.
LANDATA® System means the computerised system operated by the State, and as varied from time to time, which currently provides access to the Licensed Material.
Law means the requirements of all Acts of the Parliament of Victoria and of the Commonwealth of Australia and the requirements of all ordinances, regulations, laws, orders and proclamations made or issued under any such Acts or ordinances and with the lawful requirements of public and other authorities in any way affecting or applicable to this Agreement.
Licence Agreement means the LANDATA® Licensing Agreement for Titles and Property Certificate Information between the Licensee and the State.
Licensee means the Licensee to the Agreement.
Licensed Material means the material identified in the agreement Agreement and any update or new release of that material.
Property Enquiry Data means details obtained from various statutory bodies relating to a property in Victoria but excluding Title Search Data.
Property Transaction Alert Service means the service of providing alerts relating to property-transactions including:
(i) for specified folios of the Register — notice of lodgement of dealing(s)
(ii) for specified unregistered plans of subdivision — notice of the lodgement of the plan or other dealing(s) affecting the plan; and
(ii) for specified registered plans of subdivision — notice of the lodgement of dealing(s) affecting the registered proprietor of any lot in the plan of subdivision.
Register has the same meaning as in section 4 of the Transfer of Land Act 1958 (Vic).
State means the Crown in right of the State of Victoria.
Title Search Data means information consisting of the details of the Register including title particulars, final search, historical search, plans and lodged instruments.
Third Party means a Customer who has entered into an agreement with the Licensee to have access to and the right to re-supply access to the LANDATA® System to Users.
User Agreement an agreement between a Third Party and a User entered into in accordance with the Licence Agreement under which the User is granted access to the LANDATA® System by the Third Party.
17.2 The Customer or User is prohibited from:
(i) providing, on selling or distributing the Licensed Material in any format (including by way of online service) to any other party unless the Customer is also a Third Party, or the Licensed Material is provided for an Authorised Purpose;
(ii) altering the format, meaning or substance of the Licensed Material;
(ii) assembling or compiling, attempting to assemble or compile or directly or indirectly allowing or causing another person to assemble or compile or attempt to assemble or compile a database, directory or similar device which is similar in content, functionality or any other respect to the Register or Land Index;
(iv) extracting data from the Licensed Material, or directly or indirectly allowing or causing another person to extract data from the Licensed Material, using screen scraping, web scraping or any other similar data extraction techniques; and
(v) using the information available from the Licensed Material for other than the Authorised Purposes.
17.3 The Customer or User must execute a deed in the form of Schedule 5 to the Licence Agreement before the Licensee or Third Party (as applicable) is permitted to provide the Customer or User with access to the Land Index (such Deed shall be provided by the Licensee to the Customer upon request by the Customer).
17.4 The Customer or User will not copy or reproduce any information derived from the Land Index and will take all reasonable precautions to prevent its employees, agents, or contractors from accessing or copying the information so derived, unless:
(i) a copy or reproduction is for an Authorised Purpose;
(ii) the State has approved in writing its copying or reproduction; or
(iii) all persons to which that part of the Land Index relates have given written consent to such copying or reproduction.
17.5 The Customer or User acknowledges and agrees that:
(i) copyright in all information from the Register is owned by the State or its licensors. No part of the Licensed Material supplied may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth), pursuant to written agreement or to the extent required for the purpose of compliance with section 32 of the Sale of Land Act 1962 (Vic);
(ii) the State does not warrant the accuracy or completeness of the Property Enquiry Data, the information in the Property Transaction Alert Service, the information in the Land Index or Crown Land Status Information or other information made available by the LANDATA® System other than Title Search Data and any person using or relying upon such information does so on the basis that the State bears no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information; and
(ii) the information from the Register is valid at the time and in the form obtained from the LANDATA® System only. The State accepts no responsibility for any subsequent release, publication or reproduction of the information from the Register. The State accepts no responsibility for information or data other than that which is part of the Register as provided for in the Transfer of Land Act 1958 (Vic).
17.6 The Customer or User acknowledges that where a Customer or User has access to Property Enquiry Data the Customer or User is responsible for the accuracy and completeness of the information submitted in each application and that if due to the inaccurate or incomplete information which the Customer or User supplies:
(i) there is an error in the Register search statement or property certificate sent to the Customer or User: or
(ii) the wrong Register search statement or property certificate is sent to the Customer or User,
the Licensee is still responsible for the payment of the fees and charges for such certificate under the Licence Agreement.
17.7 The Customer or User consent to the collection and use of the information by the State through the LANDATA® System, which information is provided by the Customer or User when using the LANDATA® System. The information may be collected, used and disclosed by the State for all purposes associated with the use and operation of LANDATA®, the LANDATA® System and all related administration and operations of the State.
17.8 The Customer or User must maintain a record of all persons who are given access to the Licensed Material throughout the term of its agreement with the Licensee or Third Party (as applicable) and for not less than 7 years from the date of termination or expiration of the agreement, except where the Customer or User is an Australian legal practitioner within the meaning of the Legal Profession Uniform Law, the Customer or User must maintain the record in accordance with the Legal Profession Uniformed Law. The Customer or User is not required to maintain records of persons who are given access to the Licensed Material where such access is limited to Licensed Material reproduced in a vendor statement received by that person (and which vendor statement was produced and disclosed in accordance with Law).
17.9 The Customer or User may only use the data stored for the purpose of the Enquiry for which it was originally made, or for an Authorised Purpose.
17.10 For the purposes of this section 17.10, the following provisions apply in respect of Authority Information obtained from the State Revenue Office of Victoria (“Vic SRO”) in relation to the provision of Services by Reseller to its Customer under this Agreement.
17.10.1 In the event the Reseller’s Customer is seeking to procure a Land Tax Clearance and / or Update Certificate from Vic SRO, the Reseller will ensure that its Customer declares and warrants that he / she is the owner, purchaser, mortgagee of land or their agent/ representative.
17.10.2 The Reseller will ensure its Customer acknowledges and agrees that:
(i) all information contained on in the Land Tax Clearance Certificate and Update Certificate is confidential information protected by the secrecy provisions in the Land Tax Act 2005;
(ii) all personal information contained in the Land Tax Clearance Certificate is protected by the Information Privacy Act 2000;
(iii) these Acts prohibit the Reseller and its Customer from accessing, recording and/or disclosing this information except in accordance with the law; and
(iv) the information contained the Land Tax Clearance Certificate must not be disclosed to third parties unless in accordance with the law or with the consent of the owner of the land.
18.0 WA LANDGATE INFORMATION
18.1 For the purposes of this section 18, the following definitions and provisions apply in respect of Authority Information obtained from Landgate in relation to the provision of Services by Property Registry to the User under this Agreement.
WA Landgate Information means the following Information obtained from Australian Land Information Authority (Landgate):
(i) certificates of title;
(ii) check searches;
(iii) survey document; and
(iv) Transfer Land Act 1893(WA) document
18.2 The User acknowledges and agrees that all intellectual property rights in WA Landgate Information and any data derivative thereof are the property of Landgate.
18.3 The User acknowledges that Landgate may at any time modify the hours of operation of its service and during such times, WA Landgate Information may be inaccessible.
18.4 The User will not use or permit to be used the logo of Landgate or any modification thereof without the written consent of Landgate.
18.5 The User must not:
(i) use the WA Landgate Information unless it is for its internal use;
(ii) reproduce, supply, on-sell, sub-licence, disclose or otherwise provide WA Landgate Information in any form to any other person;
(iii) alter the format, meaning or substance of any WA Landgate Information supplied;
(iv) display, distribute, sell, licence, hire, let, trade or expose WA Landgate Information for sale;
(v) search WA Landgate Information by any restriction imposed by Landgate for reasons relating to the privacy legislation or an information suppression notice.
18.6 The User acknowledges and agrees that when it is using, dealing with and accessing the WA Landgate Information the WA Landgate Information remains the sole and absolute property of Landgate as legal and equitable owner, until all money due to Landgate has been paid by Property Registry. WA Landgate Information will however, be at Property Registry and User’s risk from the time of delivery to them. In relation to the WA Landgate Information the User must:
18.6.1 ensure that the WA Landgate Information is readily identifiable as Landgate’s when stored on any User’s system.
18.6.2 always act ethically in connection with the WA Landgate Information and Landgate’s business and in accordance with good corporate governance properties;
18.6.3 act in good faith at all times towards Landgate and provide assistance and co-operation as practicable, to Property Registry if reasonably necessary for Property Registry to comply with a request of Landgate;
18.6.4 not demean, defame or otherwise denigrate Landgate;
18.6.5 share any information with Property Registry, which is likely to benefit Landgate in the marketing or use of the WA Landgate Information;
18.6.6 ensure that any notices relating to intellectual property rights appearing in or on the WA Landgate Information are not altered or removed;
18.6.7 not release the WA Landgate Information to any third party where that party intends to use the WA Landgate Information for the purpose of marketing that third parties’ goods or services;
18.6.8 if reasonably necessary for Property Registry to comply with a request of Landgate, provide assistance requested by Property Registry in relation to an investigation of an allegation or misuse of any WA Landgate Information, or contravention of the Privacy Act 1998 (Cth) and any State privacy legislation which may be enacted during the Term;
18.6.9 comply with any written suppression notice supplied for reasons of personal security and safety by Landgate requiring any WA Landgate Information to be deleted or amended;
18.6.10 only release publicity statements or any other form of advertisement or promotion that specifically refers to Landgate or WA Landgate Information where the User has:
(i) obtained prior written approval (including by email) from Landgate’s authorised delegate, which approval will not be unreasonably withheld; and
(ii) notified Landgate at least 24 hours written notice prior to any such release;
(iii) advised Landgate of any media report in relation to the WA Landgate Information of which the User is aware not less than 24 hours prior to the report being published;
18.6.11 not permit commercial filming or recording in relation to WA Landgate Information, without requiring Property Registry on the User’s behalf to obtain the Landgate authorised delegate’s prior written approval.
18.6.12 only acquire and or distribute any WA Landgate Information in accordance with the following security requirements:
(i) the User must effect and maintain adequate security measures to ensure that any WA Landgate Information is not used or accessed by any third party who is not permitted under this Agreement to use or have access to the same;
(ii) the User must take all reasonable steps that a prudent operator in a similar situation would take to prevent unauthorised physical access, damage and interference to the User’s premises or facilities;
18.6.13 the User must have formal procedures in place to:
(i) provide protection (eg firewall) against intrusion and uncontrolled access to any WA Landgate Information through the internet;
(ii) ensure any WA Landgate Information is properly secured from interference when it is being transferred across the internet.
18.6.14 immediately notify Property Registry of any activity that may breach the security measures referred to in sub-section 17.6.12. The User acknowledges and agrees that Property Registry may inform Landgate of this breach.
18.6.15 where there is a breach of any security measure referred to in sub-section 17.6.12, co-operate with Property Registry to correct this within 14 days of notification to Property Registry of such a breach.
18.6.16 do all things within their power to prevent the unauthorised use or disclosure of the Title Products and any related information;
18.6.17 ensure the WA Landgate Information is only used for lawful purposes;
18.6.18 not store any WA Landgate Information (or any part of the WA Landgate Information) except for the purposes for which it was provided by Property Registry;
18.6.19 not create data or other products which are the same as or substantially similar to the WA Landgate Information, or reverse engineer or rework the WA Landgate Information or:
(i) by any means use any outputs, whether or not from the WA Landgate Information;
(ii) by any means use any combination of data which includes the WA Landgate Information; or
(ii) permit any third party to do the same, except as permitted by Law.
18.6.20 comply with all regulations, restrictions and conditions imposed by any legislation for the use of, access to, storage of or dealing with the WA Landgate Information. This includes, but is not limited to, the requirements of the Privacy Act 1998 (Cth).
18.7 The User acknowledges and agrees:
(i) that if it fails to correct the non-compliance specified in sub-section 17.6.14, Property Registry may refuse to allow the User to access
WA Landgate Information until this security breach is corrected;
(ii) to only use any WA Landgate Information on the User’s premises and through the connection provide to it by Property Registry; and
(iii) to submit to any test of the physical security of the system through which it accesses the WA Landgate Information if Landgate requires this to ensure compliance with the security requirements set out above.
19.0 LAND SERVICES SA INFORMATION
19.1 For the purposes of this section 19, the following definitions and provisions apply in respect of Authority Information obtained from Land Services SA Operating Pty Ltd as trustee for the Land Services SA Operating Trust (SA Authority) in relation to the provision of Services by Property Registry to the User under this Agreement.
Data means the data incorporated in any Data Product or Search whether owned by, or licensed to, Property Registry (including data licensed by the State under an agreement with Property Registry).
Data Products means the: valuation details; dealing image; title for owner name; plan image; title details; title and valuation details; dealing details; property interest report and form 1; and priority notice details and any other products agreed between Property Registry and SA Authority from time to time and the underlying Data incorporated into those products.
Products means the Data Products and the Searches.
Searches means register search; check search; historical search; and any other searches agreed between the parties from time to time including, where necessary, with the consent of the State
and the underlying Data incorporated into the results of those searches.
19.2 The User must not:
(i) cause any Data in the Products to be cached or stored, or attempt to cache or store such Data, for the purpose of setting up, creating, or adding to another database (whether permanent or temporary), with the intent to create a copy of the Product for resale purposes. Caching of the Data in the Product is allowed for the sole and limited purpose of making the Data available to User only, and any caching of Data may only be made available for a period of 30 days (the Specified Storage Period) of the original search;
(ii) modify or create any derivative works based upon the Products;
(iii) license, sublicense, distribute, resell, disclose, incorporate into any database, commercially exploit or otherwise transfer any Product to any third party, or use the Products on behalf of or for the benefit of any third party;
(iv) remove, obscure or alter any copyright, trademark, logo or other proprietary notice, or falsify or delete any author attributions, legal notices or other labels appearing on or in the Products relating to or in connection with the origin or source of the Products;
(v) incorporate any portion of the Products into any other materials, products or services;
(vi) use the information delivery system in a manner intended to avoid incurring charges or minimise the applicable charges payable;
(vii) damage, interfere or harm the Products or any network or system underlying or connected to the Products or the information delivery system; o
(viii) use, or offer to use, the Products for or in connection with any direct marketing activities, including any telemarketing campaign or telephone survey.
20.0 NORTHERN TERRITORY REGISTER OF LAND
20.1 For the purposes of this section 20, the following definitions and provisions apply in respect of Authority Information obtained from the Northern Territory in relation to the provision of Services by D&D to the User under this Agreement.
Licensor means the Northern Territory of Australia
Data means the data and/or information provided by the licensor
20.2 The User acknowledges and agrees to use the Data solely for the purpose of general conveyancing, surveying, lodgement and searching for or on behalf of clients transacting or dealing with land in the Northern Territory register of land. Use of the Data will be limited to own personal use or for use in the ordinary course of business.
20.3 The User shall not reproduce, store or distribute the Data to any person without the prior written consent of Property Registry Pty Ltd.
20.4 The User must not:
(i) use the Data for the compilation of mailing lists or for direct marketing purposes; and
(ii) use the Data to on-sell or produce materials for sale to a third party, or for general sale or distribution.
20.5 The User acknowledges that neither Dye & Durham Limited nor Property Registry Pty Ltd:
(i) shall give any warranty as to the condition, quality or fitness of the Data for the User’s requirements and that the User is responsible for ensuring that the Data supplied meets its individual needs;
(ii) shall be liable for any loss, damage or injury suffered by the User or any third party that may arise from the use or misuse of the Data; and
(iii) use the Data for any purpose other than as set out in clause 20.2 above except as otherwise approved by Property Registry Pty Ltd.
Address: 44 Kings Park Rd, West Perth WA 6005
ABN: 22 634 952 417