Terms And Conditions

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Lender MarketFacts Service Agreement Standard Terms

1 Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires:

  • Agreement means the agreement constituted by the Customer's acceptance of the offer contained in the Registration Form, when read in conjunction with the Standard Terms.
  • Anniversary Date means 30 September of each year occurring during the Term.
  • Base Total Usage Fee means, for each month during the Term, the fee calculated in accordance with the formula:
    B = N x F
    where:
    B is the Base Total Usage Fee for that month
    N is the number of occasions during that month that a User, having accessed the Service to obtain an on-line valuation of a particular property receives a calculated market value from the system for a particular property
    F is the Base Usage Fee payable on each such occasion, as more particularly specified in item 3 of the Registration Form.
  • Commencement Date means the date upon which Residex gives the Customer the initial notice under clause 2.2.
  • Confidential Information means the confidential information of Residex which relates to the subject matter of this Agreement, including information relating to the design, processes, procedures, formulae and algorithms contained in the ordered set of instructions, which together constitute the Service, the terms of this Agreement, and any other information marked as "confidential" or "proprietary".
  • CPI means the Consumer Price Index for the All Groups Sydney as last published by the Australian Statistician prior to the relevant Fee Review Date PROVIDED THAT should the Consumer Price Index All Groups Sydney be discontinued or abolished then the Price Index substituted therefor by the Australian Statistician must be used in its place and if no Price Index is substituted therefor by the Australian Statistician then such index or indices must be used as in the opinion of the President or Acting President of the Institute of Actuaries of Australia (or his nominee) will most accurately reflect the changes in the prevailing levels of prices that were previously catered for by the discontinued or abolished Price Index.
  • Department means:
    1. where the Relevant Jurisdiction is the Australian Capital Territory, the ACT Department of Environment & Heritage or the Environment and Sustainable Development Directorate (as applicable);
    2. where the Relevant Jurisdiction is New South Wales, the New South Wales Land and Property Information or the New South Wales Department of Lands (as applicable);
    3. where the Relevant Jurisdiction is the Northern Territory, the Northern Territory Department of Infrastructure, Planning & Environment;
    4. where the Relevant Jurisdiction is Queensland, the Queensland Department of Sustainability and Environment or the Queensland Department of Natural Resources and Mines (as applicable);
    5. where the Relevant Jurisdiction is South Australia, the South Australian Department for Environment, Heritage & Aboriginal Affairs or the Land Services Group, Department for Transport, Energy and Infrastructure (as applicable);
    6. where the Relevant Jurisdiction is Tasmania, the Tasmanian Department of Primary Industries, Parks, Water & Environment;
    7. where the Relevant Jurisdiction is Victoria, the Victorian Department of Sustainability and Environment or the Victorian Department of Transport, Planning and Local Infrastructure, and the Department of Environment, Land, Water and Planning (as applicable); and
    8. where the Relevant Jurisdiction is Western Australia, the Western Australian Department of Environment or the Land Property Information Authority (as applicable),
    9. or, in each case, such other government department, or division within a department, as is responsible from time to time for the administration of the Department Licence Agreement.
  • Department Data means the property sales information or related data provided under licence to Residex by the Department.
  • Department Licence Agreement means, with respect to a Relevant Jurisdiction at any time, the licence agreement made between the Department and Residex for the provision of Department Data to Residex and which is current at that time.
  • Department Notice means any notice Residex is required by the terms of a Department Licence Agreement to include in any report or other document which it provides to the Customer (by whatever means, including via the Website) as part of the Service.
  • Extended Term means the period of 12 months, commencing on the day immediately following the last day of the Initial Term, or (if applicable) any previous Extended Term.
  • Fee Payment Date means the day on which the Service Fees are payable each month as contemplated by clause 5.1(b).
  • GST means:
    1. the GST Law; and
    2. any other goods and services tax, or any tax applying to this Agreement in a similar way.
  • GST Law means the same as "GST Law" means in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Individual Access Fee means, for each month during the Term, the fee which is payable calculated in accordance with the formula:
    I = U x F
    where:
    I is the Individual Access Fee for that month
    U is the number of Users who had access to the Service during the whole or any part of that month, and
    F is the User Fee as more particularly specified in item 3 of the Registration Form.
  • Information means Residex Data, which is provided to the Customer as a consequence of its use of the Service under this Agreement.
  • Initial Service Fee Rates means the rates at which each component of the Service Fees are payable each month during that part of the Term which occurs prior to the Anniversary Date which is first to occur.
  • Initial Term means the period, as more particularly specified in item 2 of the Registration Form, commencing on the Commencement Date.
  • Intellectual Property means all present and future rights conferred by law or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
  • Other Data means any data (not being Department Data) with respect to residential properties which has been provided to Residex and which is available to be accessed by the Customer or any other person who is authorised by Residex to use the Service.
  • Personal Information means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in material form) about an individual whose identity is apparent or can be ascertained from the information or opinion.
  • Privacy Legislation means, with respect to the use of the Service for a Relevant Jurisdiction:
    • the Privacy Act 1988 (Cth); and
    • any privacy or similar legislation operating from time to time in the Relevant Jurisdiction (including for this purpose any applicable code of practice or privacy principles operating under or in conjunction with such legislation).
  • Registration Form means the form entitled 'Lender MarketFacts Registration Form' when such form has been downloaded from the Website or otherwise made available to the Customer, fully completed and signed by the Customer, and returned to Residex by fax.
  • Relevant Jurisdiction means, with respect to a residential property, the State or Territory of Australia in which that property is located.
  • Residex Data means Department Data and Other Data which is stored on databases established by Residex, as updated from time to time.
  • Service means:
    1. the automatic valuation service developed by Residex and known as "Lender MarketFacts" which provides the user with on-line access to the estimated market value, and certain other related information (including a range of values, a risk rating, advice as to whether a particular property should be subjected to a physical valuation, and a list of comparable recent sales) with respect to residential properties in Australia; and
    2. the provision of such reports or other data services (if any) as are more particularly described in item 4 of the Registration Form (' Other Services'), or which the parties agree from time to time after the Commencement Date are to be provided by Residex to the Customer (' New Services').
  • Service Fees means the Service Fees payable by the Customer to Residex each month as consideration for providing the Service, being:
    1. the greater of the Standard Service Fee and the Usage Fee; and
    2. (if applicable) such other fees as are more particularly described in item 4 of the Registration Form as consideration for the provision of the Other Services, or such fees as the parties may agree are to be paid as consideration for the provision of the New Services.
    3. all as may be varied from time to time in accordance with this Agreement.
  • Specified User means a User whom the Customer requires to have an individual log-in and password in order to access the Service and whose details are included in the form (' Specified User Form') which is annexed to the Registration Form, and such other persons as may be nominated as Specified Users by the Customer from time to time as contemplated by clause 2.3(b).
  • Standard Service Fee means, for each month during the Term, the sum of the Standby Fee and the Individual Access Fee.
  • Standby Fee means, for each month during the Term, the standby fee which is payable each month as more particularly specified in item 3 of the Registration Form.
  • Standard Terms means these terms and conditions.
  • Term means the Initial Term, as extended by any Extended Term as contemplated by this Agreement, subject always to clause 2.4
  • Updated Service Fee Rates means, with respect to each component of the Service Fees, an amount calculated as at each Anniversary Date in accordance with the following formula:
    USF = SF *A/B
    where:
    USF is the Updated Service Fee Rate payable for that component of the Service Fees on the Fee Payment Date which next follows that Anniversary Date
    SF is the Initial Service Fee Rate or (if applicable) the Updated Service Fee Rate for that component of the Service Fee which is payable on the Fee Payment Date which immediately preceded that Anniversary Date
    A is the CPI on that Fee Payment Date, and
    B is the CPI on the later of the Commencement Date or the immediately preceding Anniversary Date
    PROVIDED THAT if B is greater than A, A/B will be taken to be equal to 1.
  • Usage Fee means, for each month during the Term, the sum of the Base Usage Fee and the Usage Success Fee.
  • Usage Total Success Fee means, for each month during the Term, the fee calculated in accordance with the formula:
    S = N x F
    where:
    S is the Usage Total Success Fee for that month
    N is the number of occasions during that month that a User, having accessed the Service to obtain an on-line valuation of a particular property, is given a green light response together with a notification that the 'current market price estimate can be used as a security value - low risk', or a notification having a similar effect, and
    F is the Usage Success Fee payable on each such occasion, as more particularly specified in item 3 of the Registration Form.
  • Users means those persons who are to be given access to the Service from time to time as the representatives of the Customer.
  • Website means the http://lender.marketfacts.residex.com.au website provided by Residex, or similar which may be changed by Residex from time to time.

1.2 Unless the contrary intention appears, a reference in this Agreement to:

(a) a group of persons is a reference to any two or more of them jointly and to each of them individually;

(b) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;

(c) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually;

(d) anything (including an amount) is a reference to the whole and each part of it;

(e) a document (including this Agreement) includes any variation or replacement of it;

(f) law (including, for the removal of doubt, any Privacy Legislation) means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);

(g) dollars or $ is a reference to the lawful currency of Australia;

(h) the word "person" includes an individual, a firm, a body corporate, an unincorporated association and an authority;

(i) a particular person includes a reference to the person's executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;

(j) the words "including", "for example" or "such as" when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind;

(k) a quarter is a period of 3 calendar months;

(l) a party includes the employees, agents, contractors and consultants of that party to the intent that if an obligation is imposed on a party by this Agreement, that party must procure that its employees, agents, contractors and consultants comply with it;

(m) the singular includes the plural and vice versa; and

(n) headings are for convenience only and do not affect the interpretation of this Agreement.

2 Term of Agreement

2.1 In consideration of the payment of the Service Fees, Residex grants the Customer the right to use the Service for the Term PROVIDED HOWEVER and as the Customer expressly acknowledges this Agreement is not binding on Residex unless and until the Customer has fully completed and executed the Registration Form and Residex has received (by fax) a copy of the Registration Form as so executed by the Customer.

2.2 As soon as possible after its receipt of the Registration Form:

(a) Residex must give the Customer its username and password log-in details to enable the Customer to access the Service; and

(b) the Customer must advise Residex of the number of Users (including Specified Users) who are authorised by it to access the Service.

2.3 (a) The Customer represents and warrants that each User:

(i) has been authorised by the Customer to use the Service;

(ii) is aware of the obligations imposed on the Customer by the terms and conditions of this Agreement; and

(iii) unless Residex has otherwise agreed, is an employee of the Customer.

(b) As soon as practicable after receiving the required details of each person who has been nominated by the Customer as a Specified User, Residex agrees to provide each such person with an individual log-in and password to enable that person to access the Service.

(c) The Customer agrees that:

(i) it must notify Residex not later than the last day of each month of the number of persons who, during that month, were authorised by it to use the Service as Users; and

(ii) if the Customer wishes to replace the persons who comprise the Specified Users with different persons, or to add further Specified Users, it must first notify Residex accordingly and provide full details of such persons by completing the details required by the Specified User Form, and upon such notification being given, such persons will be taken to be Specified Users as if they had been specified as such in the Registration Form.

2.4 The Customer acknowledges and agrees that, unless it gives Residex written notice that it wishes to terminate this Agreement at least 21 days prior to the end of the Initial Term or (if applicable) prior to the end of any Extended Term, it will be taken to have agreed to extend the Term by a period equal to the Extended Term on the same terms as this Agreement, except that the Service Fees payable during such Extended Term may be modified and notified by Residex as noted under clause 5.3(b).

3 Proprietary Rights

3.1 The Customer acknowledges and agrees that:

(a) the Service contains Confidential Information proprietary to Residex;

(b) title to and ownership of the Department Data and all parts of it and all applicable Intellectual Property in the Department Data remains exclusively with the Department;

(c) title to and ownership of the Service (including the mathematical algorithms that support the Service) and all Information (other than the Department Data) and all parts of it and all applicable Intellectual Property in the Service and such Information remains exclusively with Residex;

(d) this Agreement does not constitute a sale of Residex's proprietary data or computer programs or other relevant Intellectual Property, which is licensed to the Customer under this Agreement.

3.2 The Customer acknowledges that because it has no proprietary rights over the Service, it cannot rent, sell, transfer or grant any rights to the Service in any form to any person without the prior written consent on Residex.

4 Broadcast, distribution and use

4.1 (a) Without the prior written consent of Residex, the Customer must not allow any third party (not being a User) to use the Service.

(b) The Customer must use its best endeavours to prevent any unauthorised disclosure, use, reproduction, or distribution of the Information and acknowledges and agrees that any unauthorised reproduction use or disclosure of the Information is likely to cause loss or damage to Residex, and without limiting the remedies which may be available to Residex at law as a result of such breach, the Customer agrees to indemnify Residex against any such loss or damage.

4.2 The Customer acknowledges and agrees that any Information which it is entitled to disclose to third persons under the terms of this Agreement must bear the following marking to confirm Residex's copyright in the Information, viz "© Residex Pty Ltd, Ph 02 9409 0333".

4.3 The Customer acknowledges that the right to use the Service is not intended to be used, and must not be used, to develop direct marketing lists or under take data matching to enable direct marketing or as a means of enabling the Customer to create its own database of property information, but must only be used to enable the Customer to obtain Information about specific properties in the course of carrying on its normal business.

4.4 The Customer must not:

(a) on-sell, sub-license, disclose or otherwise provide Department Data in the form provided by the Department to Residex;

(b) repackage, or otherwise alter the format, meaning or substance (including by changing the land co-ordinates, spacial integrity or referencing) of any Department Data so supplied; and

(c) remove any Department Notice displayed on any report or other document (in whatever form, including via the Website) provided by Residex as part of the Service.

4.5 The Customer must ensure that:

(a) adequate security measures are to be effected and maintained to prevent access to Department Data and the Information by any persons who are not entitled to such access;

(b) Department Data and the data provided by the Service must be kept in a secure manner to protect their value and to prevent any Department Data or Information being altered without the consent of the relevant Government Agency.

5 Service Fees

5.1 (a) As soon as practicable after the end of each month, Residex must deliver a tax invoice to the Customer in respect of the Service Fees due to it in respect of the month the subject of the tax invoice. The tax invoice must set out how the Service Fees have been calculated.

(b) Within 5 Business Days of its receipt of the tax invoice, the Customer must pay the Service Fees to Residex.

(c) All Service Fees payable under this Agreement are exclusive of GST. Residex agrees that the tax invoice must be in the form of the invoice attached to the Registration Form, or in such other form as the parties may agree.

5.2 Service Fees must be paid by direct debit (as specified in item 5 of the Registration Form). By completing the details required by item 5 of the Registration Form, the Customer will be taken to have authorised Residex to debit the relevant nominated bank account with any amount that remains outstanding after the provision of a tax invoice from Residex in respect of such amount.

5.3 (a) The rates at which the Service Fees are payable are to be increased each year by an amount which reflects the increase in the CPI. Accordingly, the Service Fees which are payable on each of the twelve Fee Payment Dates commencing with the Fee Payment Date which next follows the Anniversary Date, are to be calculated using the Updated Service Fee Rates.

(b) In addition to the increase in the Service Fees contemplated by clause 5.3(a), Residex may also vary the Service Fees which are to apply:

(i) during the Term, or

(ii) at the beginning of an Extended Term,

and if Residex does so elect in either such case then, at least one month prior to the date on which the variation in Service Fees is to take effect or (if applicable) one month prior to the end of the Initial Term or (as the case may be) prior to the commencement of the Extended Term which is to commence immediately after the end of the then current Extended Term (the " fee variation date"), Residex must notify the Customer of the Service Fees which are to apply on and from the fee variation date.

(c) In addition to its rights of termination under clause 2.4, the Customer acknowledges and agrees that, unless it gives Residex at least 21 days written notice that it wishes to terminate this Agreement on the fee variation date, it will be taken to have agreed to pay the Service Fees (as varied by clause 5.3(b)) as and from the fee variation date.

5.4 In the event that the Customer does not pay the Service Fees or any other amount payable to Residex under this Agreement, Residex reserves the right to charge interest at the rate of 14% per annum calculated daily on the unpaid amounts until such amounts have been paid in full. Residex further reserves the right to recover all expenses, costs and other disbursements incurred in recovering any overdue amounts, including debt collection fees and all legal costs and charges on a solicitor and own client basis.

6 The Service

6.1 Residex represents and warrants and it is a condition of this Agreement that:

(a) Residex has the right to grant the Customer the right to use the Service in accordance with this Agreement; and

(b) it will comply with the following minimum standards:

Response Times
Automated Valuation Service – No more than 30 seconds from the time of receipt of a request for an Automated Valuation by the Service Provider until receipt of that Automated Valuation by the Customer.

Note – The service levels are calculated from receipt of the request by the Service Provider and excludes delays caused outside of the Service Providers own network, For example delays caused by internet service providers or external contractors are excluded to the extent that the Service Provider could not reasonably be expected to avoid such delays.

Service Availability
The Response Times apply 24 hours a day 7 days a week, except where outages are scheduled.
As at the Commencement Date, scheduled routine maintenance outages will be conducted outside of normal business hours. The Service Provider will provide notice of at least 24 hours to the Customer prior to the routine maintenance commencing.

Notwithstanding the foregoing, the Service Provider may, on at least 2 Business Days notice, in the case of routine maintenance, and on as much notice as reasonably practical in the case of emergency maintenance, suspend the availability of the Service during Business Hours to perform such maintenance, provided that the service provider shall use its reasonable endeavours to keep such suspension to a minimum.

Support
The Customer may contact the Service Provider with enquiries regarding the Service. All problems and requests referred by the Customer shall be referred to as "incidents". The Service Provider's contact details are as follows:
Phone: (02)9409 0333
Email: marketfacts@residex.com.au

6.2 In the event that Residex is in breach of this warranty and as a consequence the Customer elects to terminate this Agreement under clause 8.2, the limit of Residex's liability for such breach is to refund to the Customer that proportion of the Service Fees previously paid (if any) which is referable to the period after the date of termination in respect of which such Service Fees had been so paid.

6.3 The Customer must not use any software, program or application designed to run automated tasks (including but not limited to any robot, spider, search engine, scraper, script or any other high volume automated or electronic processes) to access and use the Service or to search any database made available to the Customer through the Service.

6.4 The Customer acknowledges and agrees that:

(a) if the Customer‘s use of the Service or Information breaches any term of this Agreement;

(b) if the Customer’s use of the Service negatively impacts or interferes with:

(i) the normal operation of the Service; or

(ii) the enjoyment or use of the Service by any other user of the Service; or

(c) to ensure that the Customer’s use of the Service and Information is consistent with clause 7,

Residex may, in its discretion, restrict, suspend or control the Customer’s access to and use of the Service or Information, including by:

(d) limiting the volume and nature of Information that the Customer is able to obtain in response to any given query or over a given time frame;

(e) limiting the number of queries or searches that the Customer is able to perform using the Service over a given time frame; and

(f) suspending the Customer’s access to and use of the Service for a limited period of time.

6.5 If Residex restricts, suspends or controls the Customer’s access to or use of the Service in accordance with clause 6.4, Residex will notify the Customer as soon as practicable:

(a) through the Service; or

(b) by e-mail.

7 Confidentiality and Use of Information

7.1 The Customer acknowledges that in being granted the right to use the Service, it will be in possession of Confidential Information belonging to Residex and the Customer agrees that except as contemplated by this Agreement it must not disclose that Confidential Information to any other person without the prior written consent of Residex.

7.2 The Customer acknowledges that:

(a) Residex provides the Information on an 'as is' basis and thus Residex provides no warranty as to its accuracy or completeness, however Residex agrees to make all reasonable endeavours to ensure such accuracy and completeness; and

(b) because of the need to provide routine maintenance or for any other reason beyond the reasonable control of Residex, the Customer may not be able to obtain access to the Service at all times, however Residex agrees to make all reasonable endeavours to ensure that any "down time" is kept to a minimum.

7.3 The Customer must not use the Service or the Information, or allow the Service or Information to be used by any person:

(a) for marketing or promotional purposes, including but not limited to:

(i) direct marketing, including but not limited to list brokering, bulk email messaging, telemarketing and postal canvassing;

(ii) contacting any purchaser or vendor the name of which is contained in any Information;

(iii) preparing, compiling or validating marketing lists; and

(iv) data matching; or

(b) with the intention of encroaching upon or interfering with the privacy of any person the subject of any Information; or

(c) for any purpose other than enabling the Customer to obtain relevant property and area information in the course of carrying on its business (where the Customer is a business) or for private purposes (where it is not).

7.4 The Customer acknowledges and agrees that:

(a) the Department supplies Residex with Department Data under the Department Licence Agreement;

(b) Residex has certain obligations under the Department Licence Agreement, including an obligation to comply with the Privacy Legislation, and not to use the Department Data for direct marketing purposes;

(c) any breach by the Customer of corresponding obligations imposed on the Customer under this Agreement will cause Residex to be in breach of its obligations under the Department Licence Agreement;

(d) in the event of any such breach by the Customer, the Customer must indemnify Residex against any loss, costs, charges or expenses which Residex may thereby incur;

(e) after the date of termination of a Department Licence Agreement (including as a consequence of any breach by the Customer), Residex will no longer be entitled to receive Department Data from the relevant Department and as a consequence, it may be required to terminate this Agreement insofar as it relates to the provision of Services in the Relevant Jurisdiction; and

(f) copyright in the Department Data belongs to the relevant Department and no Department accepts any responsibility for the accuracy or completeness of the Department Data or its suitability for any purpose.

7.5 The Customer acknowledges and agrees that

(a) the Privacy Legislation may apply to Information that is Personal Information. The Customer must:

(b) comply with the requirements of the Privacy Legislation in relation to the Customer's handling of Personal Information including the collection, use, disclosure and security of such information, whether or not the Customer is required by law to comply with the Privacy Legislation;

(c) assist Residex to comply with Residex’s obligations under any Privacy Legislation as they relate to Personal Information, including by complying with any reasonable direction or request from Residex;

(d) ensure that any person to whom the Customer discloses Personal Information is aware of and complies with the Customer’s obligations under this clause 7.5; and

(e) not do any act, engage in any practice, or omit to do any act or engage in any practice that:

(i) would result in a breach of a Privacy Legislation if the Privacy Legislation applied to those things done, engaged in or omitted to be done by the Customer; or

(ii) would cause Residex to breach or be taken to breach a Privacy Legislation; and

(f) without limiting the provisions of clauses 7.5(a) to 7.5(d):

(i) not do anything which, if done by the Department, would be a breach of a Privacy Legislation;

(ii) deal with all Personal Information in a manner which is consistent with a Privacy Legislation, as if the Customer were the Department; and

(iii) comply with any and all reasonable directions given by the Department to enable the Department to comply with its obligations under a Privacy Legislation;

(g) immediately notify Residex if the Customer becomes aware of any breach of its obligations under this clause 7, or if any privacy complaint is made against it in connection with the Information;

(h) in relation to any privacy complaint that may be made against it as contemplated by paragraph (d), the Customer must assist Residex and (if requested by Residex) the Department to investigate the complaint and act in accordance with the directions of Residex or (if requested by Residex) the Department in relation to any such complaint;

(i) take immediate steps to comply with a request from Residex to suppress details in any Department Data, including to take appropriate steps to comply with all time stipulations relating to suppressions (for example, to remove Personal Information included in any Department Data from any record that it may hold); and

(j) notify Residex if the Customer suspects that suppression has not been effected in its records, and must confirm to Residex on demand and in writing that it has complied with Residex's suppression request.

7.6 Where the Customer is selling or otherwise disposing of any form of storage device that contains copies of Residex Data, the Customer must ensure that the Residex Data is permanently erased from the storage device before its sale or disposal.

7.7 The Customer must establish and maintain throughout the Term privacy, security and other arrangements for ensuring compliance with its obligations under this Agreement.

8 Data Rights of Others

The ratings and price ranges displayed on this website have been developed from statistically calculated information developed by Residex. The statistical information is developed from data collected from the general media, real estate agents, financial institutions and government agencies. Residex does not claim any rights to the Licensed Data (government agency data). For completeness as the reports that are available from this web site contain Licensed Data you agree to the following:

NSW

Information provided for NSW properties has been developed in part by using some property information provided under licence from Land and Property Information NSW. The property sales information is provided monthly and Residex updates its data bases within 10 days of any monthly receipt of property data. Data collected from other sources is immediately included in Residex's data bases. Residex is authorised as a Sales Information Provider by the Land and Property Information.

Despite anything in this Agreement, the Customer must not use any Personal Information contained in any Information provided by the New South Wales Land and Property Information or the New South Wales Department of Lands for any purpose other than for appropriate and legal data verification purposes.

QLD

Information provided for Queensland properties has been developed in part by using some property information provided under licence from the State of Queensland (Department of Natural Resources and Water). The Department of Natural Resources and Water makes no representations or warranties about accuracy, reliability, completeness or suitability of the data for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason. Products on this site may use and be based on data provided with the permission of the Department of Natural Resources and Mines, and all such licensed date products are copyright the State of Queensland (Department of Natural Resources and Water) [2008].

VIC

Information provided for Victorian properties has been in part developed by using some property information provided under licence by the State of Victoria. To the extent that this report has been developed using information owned by the State of Victoria, the State of Victoria owns the copyright in the Property Sales Data which constitutes the basis of the information which is calculated by Residex and presented on this website. Reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the information contained in this report and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.

SA

Information provided for South Australian properties has been developed in part by using some property information provided under licence. Residex is required to make the following statements with respect to any information that is in turn provided to you by this website: WARNING: The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State of South Australia (the 'State'). The information is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State. The software by which the information is provided is not represented to be error free. No responsibility is accepted by the State for any reliance placed by any person upon the information, or the software by which it is provided. Persons acquiring or using the information and its associated software must exercise their independent judgement in doing so. COPYRIGHT: Copyright in the information remains with the Crown in right of the State of South Australia. The information is reproduced under licence from the Crown. PRIVACY: The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

TASMANIA

Information provided for Tasmanian properties has been developed in part by using some property information provided under licence by the Real Estate Institute of Tasmania. Copyright in the sales information used to undertake the statistical calculations belongs to the Real Estate Institute of Tasmania on behalf of its members and while every effort is made in its compilation, the institute does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.

WA

Information provided for Western Australian properties has been developed in part by using some property information provided under licence from the Western Australian Land Information Authority (Landgate). Copyright in all Landgate information and products (including data, pages, documents, maps, online graphics, images, web pages, audio and video) is vested in Landgate and is protected by the Copyright Act 1968. Apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968, all other rights are reserved, and no information and products or part thereof may be reproduced by any process, distributed, commercialised or reused for any other purpose without the prior written permission of Landgate.

DISCLAIMER

This Information is made available on the understanding that Landgate is not rendering professional advice. While Landgate and has made every effort to ensure the accuracy, reliability, completeness and suitability for purpose of the information presented, Landgate does not give any guarantee or take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions. Landgate accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the information. Reliance should only be placed on the original source documents held at Landgate. It is strongly recommended that users exercise their own skill and care with respect to the use of the information, and before relying on the information that users should carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances. The Information may be subject to privacy legislation and contractual restrictions and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. Landgate takes no responsibility for any breaches of privacy legislation by any person in relation to the information.

NT

Information provided for the Northern Territory properties has been developed in part by using some property information provided under licence by the Department of Infrastructure, Planning and Environment of the Northern Territory. Copyright in any of the sales information used to undertake the statistical calculations belongs to the Department of Infrastructure, Planning and Environment of the Northern Territory and while every effort is made in its compilation, the Department does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.

ACT

Information provided for the Australian Capital Territory properties has been developed in part by using some property information provided under licence by the Government of the ACT. The Territory Data is the property of the Australian Capital Territory. Copyright in any of the sales information used to undertake the statistical calculations belongs to the Government of the ACT and while every effort is made in its compilation, the Government of the ACT does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose. Enquiries should be directed to: Director Customer Services ACT Planning and Land Authority GPO Box 1908 CANBERRA ACT 2601.

9 Termination

9.1 Residex may terminate this Agreement by notice to the Customer:

(a) if the Customer fails to observe or perform any of the material obligations of this Agreement, including failure to pay any Service Fees or other amounts payable under this Agreement or a breach of clauses 3.2, 4, 6.3, 7.1, 7.3, 7.4, 7.5 or 7.6; and such default has not been remedied to Residex's satisfaction within 14 days of delivery to the Customer of a notice from Residex requiring such default to be remedied; or

(b) with immediate effect, if:

(i) the Customer becomes insolvent, or makes an assignment for the general benefit of its creditors, or any proceedings are commenced by or against the Customer under any bankruptcy or insolvency laws or proceedings for the appointment of a custodian, receiver, receiver manager, administrator trustee or any other official with similar powers over the Customer are commenced; or

(ii) the Customer ceases or threatens to cease to carry on business; or

(iii) proceedings relating to the dissolution, liquidation or winding up of the Customer are commenced; or

(iv) the Department ceases to supply Department Data to Residex.

The Customer acknowledges that it is not entitled to damages or other compensation if this Agreement is terminated under this clause 9.1.

9.2 The Customer may terminate this Agreement by notice to Residex if:

(a) Residex breaches the warranty on its part in clause 6.1; or

(b) Residex fails to observe or perform any of its material obligations of this Agreement and such default has not been remedied to Residex's satisfaction within 14 days of delivery to Residex of a notice from the Customer requiring such default to be remedied.

9.3 Upon the expiration or termination of a Department Licence Agreement, the Customer must immediately delete from its servers, and must destroy or return to Residex (if required to do so by the Department) all other forms (written, electronic or otherwise) of the Department Data in the possession or control of the Customer, and must provide Residex with a certificate by its company secretary verifying its deletion, destruction or return.

10 Liability and indemnity

10.1 Subject to applicable law, the Customer expressly acknowledges and agrees that Residex and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable to it for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Residex has been advised of the possibility of such damages), resulting from:

(a) the use or the inability to use the Service;

(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;

(c) unauthorised access to or alteration of its transmissions or data;

(d) statements or conduct of any third party on the Service; or

(e) any other matter relating to the service.

10.2 The Customer must indemnify and hold Residex and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

(a) any content which the Customer submits, posts, transmits or otherwise makes available through the Service;

(b) the Customer’s use of the Service or Information;

(c) the Customer’s connection to the Service;

(d) the Customer’s breach of the terms of this Agreement; and

(e) the Customer’s breach of any rights (including the Intellectual Property Rights) of another person.

11 Compliance

11.1 The Customer must ensure that its employees, personnel, contractors, agents and related entities:

(a) are informed and aware of the Customer’s obligations under these Standard Terms; and

(b) comply with these Standard Terms at all times.

12 General

12.1 Notwithstanding any other provision of this Agreement, no default, delay, or failure to perform any obligation (not being a payment obligation) by either party will be considered a breach of this Agreement if such event or cause is shown to be due entirely to causes beyond the reasonable control of such party. In such event or cause, such party may extend the time of performance required to remedy such breach by a period of time equal to the time loss caused by the event.

12.2 This Agreement may only be amended, modified, or supplemented in writing, signed by an authorised officer of both parties.

12.3 Unless otherwise expressly contemplated by this Agreement, notices required under this Agreement may be delivered by hand, overnight courier, or certified or registered mail to the respective parties at the addresses set out in this Agreement, or at such other address as one party may notify the other. Notices by hand are effective immediately, notices by courier are effective on the day following dispatch, and notices by certified or registered mail are effective 5 days after dispatch.

12.4 All references to the Customer under this Agreement include all individuals and entities controlling, controlled by, or under common control with the Customer.

12.5 The validity and performance of this Agreement is governed by the laws of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts in that State and any courts of appeal from those courts.

12.6 This Agreement constitutes the entire agreement and understanding between the parties with respect to the matters covered by it and supersede any prior or contemporaneous agreements, negotiations, representations and proposals, written or oral.

12.7 In the event that any of the provisions of this Agreement are determined to be unenforceable or illegal in any respect, such unenforceable provision(s) will be deemed to have been removed and the remainder of this Agreement will remain in effect and unchanged.

12.8 The waiver or failure of Residex to enforce any of the provisions of this Agreement is not to be construed as a waiver of the rights of Residex to subsequently enforce any provisions.

12.9 Where this Agreement contemplates that Residex may agree or consent to something (however described), Residex may:

(a) agree or consent, or not agree or consent, in its absolute discretion; and

(b) agree or consent subject to conditions, unless this Agreement expressly contemplates otherwise.

12.10 Residex may dispose of, declare a trust over or otherwise create an interest in its rights under this Agreement without the consent of the Customer, and may disclose to any potential holder of the right or interest any information relating to this Agreement.

12.11 Any indemnity in this Agreement is a continuing obligation, independent of the relevant party's other obligations under this Agreement and continues after this Agreement ends. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this Agreement.

This page last updated 30 November 2016