Terms and conditions (Terms) for Our Website as provided by Landchecker Pty Ltd ABN 31 607 394 696
1.1 Subject to:
(a) these Terms, We grant Website Users a non-exclusive, non-transferable, non-sub licensable limited licence to access and use Free Products;
(b) these Terms and the Subscriber Terms, We grant:
(1) Subscribers a non-exclusive, non-transferable, non-sub licensable limited licence to access and use Subscriber Products; and
(2) Pro Users a non-exclusive, non-transferable, non-sub licensable limited licence to access and Pro Products in consideration of payment of the Subscription Fee.
(a) acknowledge that Our Property Reports are generated based on data provided by Our Service Providers;
(b) agree that You have read and agree to be bound by the terms of conditions of Our Service Providers as set out in the following links:
(1) State of Victoria at https://creativecommons.org/licenses/by/4.0/legalcode ;
(2) Mapbox Inc. at https://www.mapbox.com/tos/ ;
(3) Open Street Maps at http://opendatacommons.org/licenses/odbl/1.0/ ; and
(4) RP Data Pty Ltd trading as CoreLogic Asia Pacific at https://www.corelogic.com.au/resources/pdf/misc/rpdata-terms-conditions-integrators.pdf ;
(c) acknowledge that if there is an inconsistency between these Terms and the terms and conditions of Our Service Providers, the terms and conditions of Our Service Providers prevail to the extent of the inconsistency; and
(d) acknowledge that the terms and conditions of Our Service Providers may be amended from time to time.
2. Conditions of Use
2.1 You must not:
(a) commit or permit any act by any third party; or
(b) use Our Products,
in any way that infringes:
(c) Our Intellectual Property rights;
(d) the Intellectual Property rights of Our Service Providers;
(e) the Intellectual Property rights of suppliers of database services to Our Service Providers; or
(f) any other third party’s Intellectual Property or other rights.
2.2 We may provide You with the ability to We may provide You with Communication Services. You acknowledge that Communication Services may be:
(a) public and not private communications; and
(b) collected, stored and scanned by Us, however, You should not consider Communication Services to have been reviewed, screened, or approved by Us.
2.3 We may, but have no obligation to, review the use of the Communication Services by You and in Our absolute discretion, We may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communication Services.
2.4 You must not, in any form or by any means, through Your use of Communication Services or otherwise:
(a) use Our Products in any manner which is unlawful, offensive, threatening, defamatory, obscene, indecent, incorrect, fraudulent, misleading, deceptive or otherwise inappropriate;
(b) use Our Products to transmit spam, chain letters, contests, junk mail, surveys or any other manner of mass marketing, other than as approved by Us;
(c) use Our Products to advertise or offer to sell any goods or services unless permitted by Us;
(d) disclose, transfer, duplicate, reproduce, retain for a purpose other than that for which it was first acquired, sell or reuse any information in Our Products, regardless of the form in which that information was supplied;
(e) copy or transfer to any other file, any information in Our Products where it may be accessed in machine readable form;
(f) download any file posted by another user of the Communication Services that You know, or reasonably should know, is unlawful or contrary to these Terms;
(g) transfer, retransmit, duplicate or resell any information in Our Products to any third party;
(h) use any information in Our Products to combine with other information with the object of offering it online or in any other way to third parties; or
(i) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded to Our Products.
2.5 Except as expressly authorised by (and subject to any conditions prescribed under) any applicable Law, You must not, in any form or by any means, including by the use of Communication Services:
(a) copy, adapt, modify, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of the whole or any part of Our Products (including all trademarks);
(b) interfere with or disrupt (or attempt to interfere or disrupt) Our Products, any servers or networks connected to Our Products or any other Users’ use of Our Products;
(c) decompile, disassemble, reverse engineer, reverse compile Our Products;
(d) use any robot, spider, scraper, data mining process or other automated means to access Our Products without Our express written approval; or
(e) take any action, such as by excessive use of the Communication Services, that:
(1) imposes or damages or may impose or damage (in Our sole discretion) an unreasonable or disproportionately high load on Our Products or Our infrastructure; or
(2) hinders or prevents or may hinder or prevent (in Our sole discretion) from providing Our Products or Our infrastructure.
2.6 You must ensure that Your access to, or use of, Our Products is not illegal or prohibited by any applicable Law, in force from time to time, in Your relevant jurisdiction or which otherwise pertains to You and Your use of, and access to, Our Products.
3. Outages / changes
3.1 You acknowledge that Our Products may not be free from fault or interruption and that Our Products may be unavailable during planned or unplanned outages or scheduled or unscheduled maintenance periods. We will take all reasonable steps to notify You of when outages or maintenance occurs and when the Our Products are temporarily unavailable.
3.2 We reserve the right to make any changes to Our Products as considered necessary or desirable by Us including, without limitation, updates and new releases.
5. Intellectual Property
5.1 We own or have all the rights to the Intellectual Property in:
(a) Our Products; and
5.2 Nothing in these Terms grants You any ownership or Intellectual Property rights in:
(a) Our Products; and
which remain at all material times, as the case so requires:
(c) Our property;
(d) that of Our Service Providers; or
(e) suppliers of any services to Our Service Providers.
5.3 We reserve Our rights to use, sell, commercialise or dispose of Data in the course of our business.
6. Warranties and Liability
6.1 You represent and warrant to Us on a continuing basis that:
(a) You will comply with all Laws and any industry codes that are related in any way to these Terms;
(b) You will use up-to-date commercially available systems to protect the security of Your information technology infrastructure; and
(c) Your use of Our Products in accordance with these Terms does not and will not breach any Laws or infringe the rights or duties owed to any person, whether arising under contract, common law or statute.
6.2 Whilst We agree to provide You with access to Our Products using reasonable care and skill, You acknowledge that the availability and functionality of Our Products, and Your ability to access and use Our Products, may depend on factors and circumstances beyond Our control including:
(a) telecommunications network issues (such as network capacity restrictions, physical and environmental conditions, technical constraints and issues experienced by any third party operator of any telecommunications network on which Our Products rely);
(b) Service Provider issues and factors that prevent intended recipients from receiving alerts and other communications (for example, Service Provider and account issues),
We cannot therefore claim or guarantee that Our Products will be available to You at all times or be free from faults or interruptions.
6.3 You acknowledge and agree that:
(a) We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any Customer Materials posted to Our Products or entered into Our Products from time to time;
(b) no advice or information, whether oral or written, obtained by You from Us or through Our Products will create any warranty not expressly included in these Terms or required by law;
(c) Our Products are not a substitute for independent professional advice and You should obtain appropriate professional advice relating to Your own circumstances;
(d) Our Products are provided on an ‘as is’ and ‘as available’ basis. Except for any Non-excludable Guarantee (as defined in clause 6.6), We and Our Service Providers exclude all terms, conditions, warranties and guarantees implied by custom, the general law or statute;
(e) We may show links to websites operated by third parties, which links do not form part of Our Products and for which We do not accept any responsibility. If You follow a link to another website, You do so at Your own risk; and
(f) in respect of Property Data for real property in the State of Victoria, the State of Victoria owns the copyright in the Property Data and the reproduction of that Property Data without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth)
6.4 Without in any way limiting clauses 6.1, 6.2 and 6.3, You expressly acknowledge and agree that We and Our Service Providers make no warranty that:
(a) Our Products will meet Your requirements, or will be uninterrupted, timely, secure, or error-free;
(b) if Our Products are installed by You, that the software will be secure, uninterrupted or error free, will operate in combination with any other hardware, software, system or data;
(c) errors or defects will be corrected; however We will use reasonable errors to correct errors or defects within a reasonable period of time;
(d) Our Products will be free of viruses or other harmful components; however, We will use reasonable endeavours to ensure that Our Products will be free of viruses;
(e) any data stored by Us will be accurate, reliable or secure;
(f) the performance of Our Products will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Users or Our Service Providers;
(g) the Property Data obtained from Property Reports or use of Our Products will be accurate, complete or reliable; and
(h) the Property Data downloaded or obtained by You through a Property Report or use of Our Products will meet Your expectations or requirements.
6.5 The use of the Property Data in Our Products is entirely at Your own risk and neither We nor Our Service Providers take any responsibility or liability for any Loss or damage suffered by You in reliance on the Property Data obtained or obtained from Our Products.
6.6 Any condition, warranty or guarantee that legislation applies to the supply by Us to You of Our Products under these Terms is taken to be included in these Terms, if that legislation renders void or prohibits contractual provisions which:
(a) exclude, restrict or modify; or
(b) which have the effect of excluding, restricting or modifying,
the application of, exercise of a right conferred by, or any liability under, such condition, warranty or guarantee (Non-excludable Guarantee).
6.7 You acknowledge and agree that, to the maximum extent permitted by law, We and each of Our Service Providers:
(a) exclude all liability to You for any Loss (including loss of revenue, business, profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered by You in any way relating to these Terms or Your use of Our Products regardless of the basis of such liability and even if advised of the likelihood of such Loss; and
(b) limit Our aggregate liability to Website Users, in connection with these Terms or Website Users’ use of Free Products to the amount of $1.00.
7.1 Subject to clause 7.2, You agree to indemnify and hold Us and Our officers, employees and agents (those indemnified) harmless against all Loss (including loss of revenue, business, profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered or incurred by those indemnified in connection with:
(a) any breach of these Terms by You;
(b) any wilful misconduct by You; and/or
(c) any unlawful or negligent act or omission by You.
7.2 We acknowledge and agree that the indemnity in clause 7.1 does not apply in respect of Our liability for Loss to You for:
(a) any material breach of these Terms by Us;
(b) any wilful misconduct by Us; and/or
(c) any unlawful or negligent act by Us.
8. Suspension and Termination
8.1 We may, at any time, by 30 days’ notice to You, terminate these Terms for any reason whatsoever.
8.2 Upon the termination or expiration of these Terms:
(a) You must cease to access and use Our Products; and
(b) Clauses 4 (Privacy), 5 (Intellectual Property), 6 (Warranties and Liability), 7 (Indemnity), 8.2, 8.3, 9 (Dispute Resolution), 11 (General Provisions) and 12 (Definitions) continue.
8.3 The termination or expiration of these Terms for any reason does not extinguish or otherwise affect any rights of any party against the other which accrued prior to the time of the termination, or otherwise relate to or arise from any breach or non-observance of obligations under these Terms which arose prior to the time of termination, or which by their nature survive termination.
9. Dispute Resolution
Any dispute relating to these Terms (Dispute) must, prior to a party initiating litigation (other than for equitable or interlocutory relief), be dealt with as follows:
(a) the affected party will notify the other with details of the Dispute (Dispute Notice) and, within 14 days of receiving the Dispute Notice, a nominated representative from each party will meet together and attempt to resolve the Dispute;
(b) if unresolved within 28 days of the Dispute Notice, the Dispute will be escalated to one of Our senior executives who will meet with You and attempt to resolve the Dispute;
(c) if still unresolved within a further 28 days of being escalated, either party may refer the Dispute to mediation in accordance with the rules of the Australian Commercial Disputes Centre and the parties must participate in that mediation in good faith;
(d) if the parties cannot agree on a mediator within a further 28 days, the Dispute will be referred by the parties to the President, Australian Commercial Disputes Centre, Sydney to nominate a suitably qualified mediator and the parties will accept that nomination;
(e) the parties will cooperate to enable the mediator to mediate the Dispute within 30 days of the mediator’s appointment; and
(f) the fees of the mediator will be paid by the parties in equal proportion.
10. Amendments to Terms
10.1 We reserve the right to amend these Terms at any time. Any amendments will be effective immediately upon notification on Our Products.
10.2 Your continued use of Our Products following such notification will represent an agreement by You to be bound by the Terms as amended.
11. General provisions
11.1 These Terms constitute the entire agreement between You and Us regarding the use of Our Products.
11.2 You must not assign, transfer or otherwise deal with any right under these Terms without Our prior written consent, which will not be unreasonably withheld.
11.3 If We waive, in whole or part, any rights available to Us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
11.4 If any of these Terms is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms, in which case, the remainder of these Terms nevertheless continue in full force.
11.5 The Laws governing these Terms will be the Laws in the State of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions.
In these Terms, unless the context otherwise requires:
12.1 Communication Services means the ability to communicate with Us and other Users, online forms, interactive voice response, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging
12.2 Customer Materials means any and all data, information, content, photographs, floor plans, metadata and other materials provided, or that may be supplied to Us by Users (or otherwise obtained by Us from the Users), directly or indirectly, from time to time, including any content posted or entered into Our Products from time to time;
12.3 Data means any data entered by Users on the Website in:
(a) registering as a User;
(b) entering an address for real property;
(c) entering Customer Materials;
(d) searching for real property including, without limitation, its location, aspect, frontage, building type and any other Property Data in respect of that real property;
12.4 Free Products means, as applicable:
(a) an interactive map of the State of Victoria including planning overlays of the Property Data;
(b) listing information in respect of real property; and
(c) the right to view, but not print, Property Reports;
12.5 Imagery means either:
(a) Spookfish Imagery as and when We advise You that We are providing it as a Free Product; or
(b) when We do not provide Spookfish Imagery as a Free Product, other mapping imagery of real property;
12.6 Intellectual Property means any and all:
(a) current and future registered and unregistered rights in respect of copyright, designs, trademarks, trade names, business names, trade secrets, know-how, confidential information, patents, inventions and discoveries;
(b) applications for grant of any of the above;
(c) other rights of a similar nature arising (or capable of arising) under statute or at common law in the Commonwealth of Australia or anywhere else in the world; and
(d) other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967;
12.7 Landchecker means the online system that enables Users to:
(a) access Property Reports;
(b) obtain Property Data in respect of real property;
(c) use Matchmaker; and
(d) use such other functionality as We may add from time to time;
12.8 Laws include any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or by-law whether Commonwealth, state, territorial or local;
12.9 Loss means loss or damage of any kind (including liability to a third party);
12.10 Matchmaker means Our real property matchmaking service;
12.11 Personal Information means all information about a person that is ‘personal information’ as defined in the Privacy Act which is collected or held in connection with these Terms;
12.12 Premier Products means, as applicable:
(a) Subscriber Products; and
(b) Pro Products;
12.13 Privacy Act means the Privacy Act 1988 (Cth);
12.15 Pro Products means, as applicable:
(a) Subscriber Products;
(b) Spookfish Imagery and
(c) such additional products as may be notified on the Website that will be provided to Pro Users;
12.16 Pro User means a user who pays the Subscription Fees and is able to access Premier Products;
12.17 Products means, as applicable:
(a) Free Products; and
(b) Premier Products;
12.18 Property Data means, in relation to real property, without limitation the following:
(b) the size of the property;
(c) local government council area;
(d) State electorates;
(e) proximity to schools;
(f) planning zones and overlays;
(g) cultural heritage sensitivity;
(h) bushfire prone zones;
(i) flooding zones; and
(j) geographic contours in respect of the property;
12.19 Property Report means reports in respect of lots of real property that shows Property Data in respect of real property;
12.20 Service Provider means any of Our agents, contractors and/or licensors who provide Us with content, services and technology enabling Us to deliver Our Products, including but not limited to, the State of Victoria, Mapbox Inc., Open Street Map and RP Data Pty Ltd trading as CoreLogic Asia Pacific and Spookfish Australia Pty Ltd;
12.21 Spookfish Imagery means geospatial imagery of real property generated by Our Service Provider, Spookfish Australia Pty Ltd;
12.22 Subscriber means a user who:
(a) registers to use Landchecker;
(b) accepts the Subscriber Terms; and
(c) is able to access Subscriber Products;
12.23 Subscriber Products means, as applicable:
(a) Free Products;
(b) the right to print Property Reports, or have Property Reports sent via email; and
12.24 Subscriber Terms means the terms and conditions of use of Premier Products which are available at this link;
12.25 Subscription Fees has the meaning as set out in the Subscriber Terms;
12.26 User means a:
(a) Website User;
(b) Subscriber; or
(c) Pro User;
12.27 We, Us or Our means Landchecker Pty Ltd ABN 31 607 394 696;
12.28 Website means Our website, including subdomains of that website and mobile sites, where:
(a) Website Users may access Free Products;
(b) Subscribers may access Subscriber Products;
(c) Pro Users may, subject to payment of the Subscription Fee, access and use the Pro Products;
12.29 Website User means a user who registers to use Landchecker and is able to access Our Free Products; and
12.30 You, Yourself or Your means any person or entity using, or intending to use, Our Products.
Effective: 1 September 2018