TERMS AND CONDITIONS OF USE FOR PRICEFINDER.COM.AU
Intellectual property and restrictions on use of content on the website:
Disclaimer and limitation of liability:
Under no circumstances will Property Data Solutions or any related corporation or their respective directors or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
In the case of services supplied or offered by www.apm.com.au, Property Data Solutions liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of Property Data Solutions to the following: either (a) the supply of the services again, or (b) the payment of the cost of having services supplied.
In this Agreement the following terms shall have the meanings respectively ascribed to them:
a) The 'Customerí; shall mean the person whose name and address appears on the front of this form;
b) The 'Agreement' shall mean this Service Agreement when executed by the Customer and accepted by Property Data Solutions;
c) ĎProperty Data Solutionsí shall mean Property Data Solutions Pty Ltd (ABN: 50 110 242 129); and
(d)"Services" means the delivery and/or provision of internet property data to the Customer.
2. Purpose of the Agreement
The Customer hereby requests Property Data Solutions to make the various Services specified and agreed to on the front of this form available to the Customer. Acceptance of the Agreement by Property Data Solutions shall entitle the Customer to access the Service(s) specified subject to these Terms and Conditions, Property Data Solutions standard price list and if applicable, any Special Conditions, and subject further to all Conditions which Property Data Solutions may publish from time to time and provide to the Customer respecting Property Data Solutions, Services.
3. Terms of Agreement
a) All information, whether printed, written or oral, incorporated in the publications or in any other document delivered to the Customer pursuant to this Agreement or submitted in answer to a regular or special enquiry or voluntarily furnished to the Customer by Property Data Solutions is for the exclusive use of the Customer as one factor in the Customerís marketing and other business decisions and for no other purpose. Such information shall be held in strict confidence. It is expressly agreed that the Customer shall neither request information for the use of others nor permit requests to be made under this Service Agreement by others.
b) This Agreement comes into effect immediately Property Data Solutions notifying the Customer that it will provide the Service(s) to the Customer and remains in effect until terminated as specified herein.
4. Payments & Charges
a) The Customer will pay Property Data Solutions for the one-time charges identified on the service agreement (except for those charges that have already been paid to Property Data Solutions) on the delivery date.
b) Rental and recurring charges will commence on the delivery date and are payable monthly in advance on the fifteenth (15th) of the month, the first such payment to be made shall represent the proportionate charge for the part month from and including the delivery date together with any additional charges then due.
c) Claims for credit must be made in writing to Property Data Solutions within 14 days from the date upon which the cause of the claim first arises.
Property Data Solutions reserves the right to add or withdraw any of its Services, and modify or otherwise improve Property Data Solutions, Services without notice. Property Data Solutions reserves the right to change any and all Service rates, documentation prices, fees and any other prices or other conditions of supply of the Agreement respecting Property Data Solutions, Services at any time and all such changes shall be effective immediately. However Property Data Solutions Pty Ltd. will use its best efforts to provide thirty (30) days notice in advance of the effective date of such changes.
a) It is recognised that all data and information provided through Property Data Solutions and the formats thereof, will be subject to the copyright and other property rights of Property Data Solutions and/or the respective Database Providers. The Customer shall not commit or permit any act of omission or commission by its agents, employees or any third party which will impair the copyright or other proprietary rights to the data, information and formats.
b) The Customer shall not disclose, transfer, duplicate, reproduce, retain for a purpose other than that for which it was first acquired, sell or reuse any information supplied by Property Data Solutions regardless of the form in which that information was supplied and, in particular, without limiting the generality of the foregoing, shall not do any of those acts with respect to information contained in hardcopy or any storage media, of whatever type, nature and description.
c) Without limiting the generality of the sub-clause 6 (b), no information supplied by Property Data Solutions will be copied or transferred to another file; where access to Property Data Solutions, Services permits the Customer to print data in machine readable form (using commands designated for this purpose) the Customer agrees:
i. Not to transfer, retransmit, duplicate or resell any items from the database to any third party without prior written approval of Property Data Solutions.
ii. Not to use these items from Property Data Solutions, Services to combine with any other information with the object of offering it on-line or in any other way to third par-ties without prior written approval of Property Data Solution.
All terms, conditions, representations, warranties, guarantees and indemnities (hereinafter "Statements"), not expressly contained herein, whether arising by operation of law or otherwise, are hereby expressly excluded to the maximum extent permitted by law and, in particular, but in no way limiting the generality of the foregoing, Property Data Solutions makes no Statement as to the completeness or accuracy of the data comprised in Property Data Solutions, Services or as to its fitness for use for any unknown purpose.
a) Property Data Solutions shall not be liable to the Customer for any loss of profit, or earning, any damage or goodwill suffered by any person arising directly or indirectly out of its provision of Property Data Solutions, Services whether in accordance with the terms of the Agreement or otherwise and whether caused by negligence of Property Data Solutions its servants or agents or from any other cause.
b) Property Data Solutions liability of any nature or kind (including, without limitation, negligence) with respect to the subject of this agreement, or for non-compliance with or breach of any Statement which cannot be excluded by agreement, is limited to providing the service in respect of which the breach or non-compliance arose, or, at Property Data Solutions option, to the cost of having that service provided.
The Customer shall indemnify and hold Property Data Solutions and its officers and employees harmless from and against any loss, claim, demand, expense (including legal fees) arising out of the Customer's use of Property Data Solutions. The obligations imposed by this clause are owned jointly and severally to Property Data Solutions and to its employees.
If there is a breach of any of the terms and conditions of this Agreement then:
a) All monies payable by the Customer to Property Data Solutions will at Property Data Solutionsí election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired;
b) Any credit facilities may be withdrawn by Property Data Solutions;
c) Claims for credit must be made in writing to Property Data Solutions within 14 days from the date upon which the cause of the claim first arises.
d) Property Data Solutions may withhold the delivery of Services already ordered by the Customer and is at liberty to suspend the Services to be provided to the Customer pursuant to this Agreement should the Customer default on any term of this agreement;
e) In the event of a suspension of a Customerís account Property Data Solutions is not liable to refund any monies or credit the Customerís account with respect to the time the Customer remains in breach of the Agreement for the Services that ought to have been provided had the Customer not been in breach of the Agreement;
f) That Property Data Solutions may list the Customer with any credit rating authority it so chooses and will only remove such a listing when the Customer remedies its breach of the Agreement pursuant to the terms of the same.
g) Property Data Solutions may charge interest on the overdue amount at 20% per annum rate calculated daily on the amount overdue until payment in full; and
h) Property Data Solutions may charge to the Customer all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of Property Data Solutions to recover payment of any monies owing by the Customer to Property Data Solutions or to secure any indebtedness or liability by the Customer to Property Data Solutions notwithstanding that no demand has been made by Property Data Solutions for payment by the Customer.
11. Cancellation Notice
The Customer may terminate this agreement upon minimum thirty (30) days written notice to PDS, with or without reason (subject to any special conditions). In this instance, Property Data Solutions shall not be obliged to refund at any time, the unearned portion of any consideration paid by the Customer under this Agreement. If applicable to the Customerís Agreement, on the proviso that the Customer terminates or repudiates its Agreement prior to the minimum commitment period completion:
(a) Property Data Solutions is at liberty to charge the whole contracted monthly subscription fee for any future subscription periods to satisfy the minimum contract stated.
(b) Property Data Solutions is at liberty to charge the whole contracted monthly subscription fee of any waived subscription periods of the Agreement and/or discounted activation fees (Activation fee Ė RRP $200 + gst) that otherwise were waived when the Customer engaged the Services of Property Data Solutions. All outstanding payments to be paid within seven (7) days of the cancellation notice being provided in writing to Property Data Solutions.
12. Entire Agreement
This Agreement, including Special conditions, price lists and other notices provided to the Customer in any printed form or otherwise published by Property Data Solutions, including revisions thereto, constitute the entire agreement as to the subject matter hereof.
13. Acceptance of Agreement
This agreement is not binding upon Property Data Solutions until accepted by it. Property Data Solutions hereby reserves the right to terminate this Agreement upon fourteen (14) days written notice, with or without reason, in which event it shall be obliged to refund at any time, the unearned portion of any consideration paid by the Customer under this Agreement.
14. Customer Warranty and Indemnity
The Customer warrants with respect to the information supplied that all requirements of the Privacy Act as to content security, access, disclosure and use, have or will be complied with in full.
15. Property Data Solutions Privacy Statement
Property Data Solutions (PDS) receive and store LPI property sales information. As such this Property Data Solutions holds information regarding the property histories of individuals and organisations.PDS is bound by the National Privacy Principles under the Privacy Act 1988 (Cth) and the Privacy and Personal Information Protection Act 1998 (NSW). PDS has the following policies in relation to the above Privacy Principles:
Collection - We will not store personal information unless it is necessary for one or more of our functions or activities. The information will be collected lawfully and fairly, and not in an unreasonably intrusive way.
Use and Disclosure - We will not use or disclose personal as provided by LPI other than for the purpose disclosed at the time of collection. If another use is proposed, we will seek further consent, unless that other purpose is related to the original purpose of collection. We will not knowingly allow our Customers to use the information for Direct Marketing purposes. Breaches of this requirement will be actioned with suspension of the offending account and notification to LPI.
Data Quality - We take all reasonable steps to ensure that the personal information, as provided by LPI, we collect, use or disclose is accurate, complete and up to date. When the information is no longer needed, we take reasonable steps to destroy personal information.
Data Security - We use industry standard security and encryption to protect all data including the personal information we hold from misuse and loss, and from unauthorised access, modification or disclosure.
16. Laws to Govern
Unless varied by notice by Property Data Solutions that this Agreement and all matters arising from the relationship of Property Data Solutions and the Customer will be interpreted and governed in accordance with the laws of the State of Queensland notwithstanding that the goods and services may be delivered outside the state of Queensland. The Customer submits to the exclusive jurisdiction of the Brisbane District Court or such other capital city in any other state that Property Data Solutions may from time to time notify the Customer in writing of.
17. Special Conditions
Acceptance of this agreement is subject to the following special conditions and minimum contract period.
Minimum Contract Period:
In consideration of acceptance of this application by Property Data Solutions and as an essential condition of the terms of supply, the Customer charges all of its interest in any land (present or future and wherever situated) with the amount of its indebtedness of any account whatsoever to Property Data Solutions from time to time. The Customer specifically authorises Property Data Solutions to lodge a caveat, bill of mortgage or other security as Property Data Solutions may require against such interest in any real property. The term ďreal propertyĒ includes all estates and interest including leasehold.
The Customer hereby irrevocably appoints as its duly constituted and authorised attorney Property Data Solutionsí Duly Authorised Officer to execute in the Customerís name, as the Customerís act and deed, any caveat, mortgage, encumbrance, charge or any other similar document that Property Data Solutions may in its absolute discretion choose to lodge against the Customerís real property in the Titles Office in any State of Australia and to execute any consent to any such document and to do any other act so as to enable such document to be made fully effective and enable immediate registration. It will not be necessary for Property Data Solutions to inform the Customer of Property Data Solutionsí exercise of its powers under the Clause nor give the Customer any notice of its intention to exercise those powers nor will Property Data Solutions be required to first make demand on the Customer. Property Data Solutions will not be liable in any way for any loss or damage the Customer or any third person which arises directly or indirectly from or in connection with Property Data Solutionsí use or attempted use of is powers pursuant to the Agreement, any guarantee or other security in support hereof or any credit agreement. This clause will apply even though the use of the said powers may be unsuccessful or unjustified on any grounds whatsoever. Where the loss or damage occurs to some third party the Customer indemnifies Property Data Solutions against all liability to the fullest extent permitted by law.
Government Copyright Acknowledgements and Disclaimers:
You acknowledge that where you request information about a property in a particular State, you have read and accept the following acknowledgements and disclaimers relevant to that State: