PRICEFINDER – ONLINE SUBSCRIPTION AGREEMENT TERMS & CONDITIONS
Last Updated: 4th February 2020
These terms apply to the provision of web based property data and information services (Services) to any person or entity (Customer) by Australian Property Monitors Pty Ltd ABN 42 061 438 006 and its related bodies corporate (together Pricefinder) through the website located at www.pricefinder.com.au (Pricefinder Website). By accessing the Pricefinder Website you agree to be bound by these terms and conditions which together with the application form comprise your agreement with Pricefinder in respect of the Services (Agreement).
Your access to the Pricefinder Website will commence when we notify you that your account has been provisioned and will continue until it is cancelled in accordance with these terms and conditions.
You may cancel the Services by providing us with no less than 90 days written notice (30 days written notice for Investor package purchased online via pricefinder.com.au), provided that such cancellation must not take effect before the expiry of any minimum contract term agreed with Pricefinder.
We reserve the right to withdraw or change the Pricefinder Website and/or the Services (including content, format, design, scope, etc) at any time. We also reserve the right to change these terms and conditions. We will give you advance notice of any material changes that we make to these terms and conditions. If we make material changes to these terms and conditions, you may terminate this Agreement by giving us written notice within 14 days of the change. Failure to terminate within this period will constitute acceptance of the change.
You agree that:
We will also comply with all applicable laws and regulations in relation to this agreement. Unless otherwise agreed by us, fees are payable monthly within 30 days of the statement date on the invoice for all accounts.
Without limiting our other rights and remedies at law, and notwithstanding anything to the contrary in these terms and conditions, in the event of non-payment or late payment, we may (at our discretion):
The intellectual property rights (including copyright) in all data, information, text, material, graphics, software, source code and advertisements on the Pricefinder Website (Content) are owned and/or controlled by Pricefinder, its suppliers and/or licensors unless expressly indicated otherwise on the Pricefinder Website. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for in these terms or expressly authorised in writing by Pricefinder. You must not claim any ownership of intellectual property rights in respect of the Content nor commit or permit any act of omission or commission by your agents, employees or any third party which will impair the copyright or other proprietary rights to the Content. Nothing in this Agreement should be construed as granting any licence or right to use any Content or trademark displayed on the Pricefinder Website without the express written consent of Pricefinder or the relevant owner.
You are liable for all taxes (inc. GST), duties or government charges payable in connection with the execution of this Agreement whether applying at the date of this Agreement or in the future.
Without limiting our other rights and remedies at law, a party may terminate this Agreement immediately:
In addition, Pricefinder may suspend or terminate this Agreement in whole or in part upon notice to you if the continuance of this Agreement will or may cause Pricefinder to be in breach of any licence or supply agreement it has entered into to facilitate it providing you with the Services.
To the extent permitted by law, we exclude all conditions and warranties relating to the Services. You acknowledge that we are reliant on third parties for data and information that is provided on the Pricefinder Website and that such data and information enables us to provide the Services. Without limiting the generality of the foregoing, we do not make any representations or warranties that the Pricefinder Website will be uninterrupted or error free or that the Content on the Pricefinder Website will be accurate, complete and/or uptodate (including without limitation any Content created through the use of algorithms). To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited in the manner detailed in the following paragraph.
In no circumstances will a party be liable to the other party for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data and/or opportunity). Our liability to you for the provision of the Services will be limited to re-supplying the relevant Services to you or refunding you a prorated amount of the subscription fees paid by you for the relevant Service (at our option). Your liability to us will be limited to the fees payable by you to us for the supply of the Services over a 12 month period.
You may not assign this Agreement without our prior written consent. This Agreement, together with any terms and conditions it refers to, comprises the entire agreement between you and us in respect of the Services and supersedes all prior understandings, agreements or representations. No delay or waiver by us in enforcing any provision of this Agreement will be deemed a waiver of our rights.
If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the Agreement will not be affected.
These terms and conditions are governed by the laws in force in New South Wales and you submit to the non-exclusive jurisdiction of the courts in that State.
Source: Australian Property Monitors (Customer service centre: 1 800 817 616). Copyright Australian Property Monitors Pty Limited.
Published and compiled by Australian Property Monitors Pty Limited ACN 061 438 006. Level 5, 100 Harris Street, Pyrmont NSW 2009 (Publisher).
In compiling this publication, the Publisher relies upon information supplied by a number of external sources. The publication is supplied on the basis that while the Publisher believes all the information in it will be correct at the time of publication, it does not warrant its accuracy or completeness and to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage sustained by subscribers, or by any other person or body corporate arising from or in connection with the supply or use of the whole or any part of the information in this publication through any cause whatsoever and limits any liability it may have to the amount paid to the Publisher for the supply of such information.
Contains property sales information provided under licence from the Land and Property Management Authority.
The State of Victoria owns the copyright in the Property Sales Data and 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 Property Sales Data 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.
All Licensed Data must bear the following notice:
© State of Queensland (Department of Natural Resources, Mines and Energy) 2020. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws; more information at www.propertydatacodeofconduct.com.au.
All Licensed Data Products (with the exception of those sent by SMS) must bear the following notice:
Based on or contains data provided by the State of Queensland (Department of Natural Resources, Mines and Energy) 2020. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws; more information at www.propertydatacodeofconduct.com.au.
End User Terms
I acknowledge that I have no rights of ownership in the Licensed Data. The State of Queensland (Department of Natural Resources, Mines and Energy) is the owner of the intellectual property rights including copyright in and to the Licensed Data or has the right to make it available under licence arrangements, and has made a licence arrangement with Australian Property Monitors.
I acknowledge that the State of Queensland (Department of Natural Resources, Mines and Energy) gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data.
Permitted Use Terms – Licensee’s Customers
I agree to use the Licensed Data Products that I receive from Australian Property Monitors and/or any customer of Australian Property Monitors only for my own personal use or in the ordinary course of my business (e.g. solicitor, accountant, valuer etc.). I am not a business acting as a reseller of Licensed Data Products.
The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government 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 in this information remains with the Crown in right of the State of South Australia. The information is reproduced under licence from the Crown.
The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.
This product incorporates data the copyright ownership of which is vested in the Crown in Right of Tasmania. The data has been used in the product with the permission of the Crown in Right of Tasmania.
The Crown in Right of Tasmania and its employee and agents:
a. give no warranty regarding the data’s accuracy, completeness, currency, or suitability for any particular purpose; and
b. do not accept liability howsoever arising, including but not limited to negligence for any loss resulting from the use of or reliance upon the data.
Base data from the LIST © Crown in Right of Tasmania www.thelist.tas.gov.au
The Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior permission. Enquiries should be directed to:
Environment and Planning Directorate
GPO Box 158
CANBERRA ACT 2601.
Copyright in the underlying data for the Northern Territory is owned by the Northern Territory of Australia represented by the Department of Infrastructure, Planning and Environment for which no responsibility is accepted.
The APM Property Data is derived from Landgate’s location information
© (2020) Western Australian Land Information Authority
(a) The End User must:
(i) only use a Value Added Product for its personal or business purposes; and
(ii) not sell, license, hire, let, trade, expose for sale, or derive revenue from the Value Added Product or part of the Value Added Product, except where an End User is on-providing the Value Added Product, in the same format as received from the Licensee, to the End User’s customers;
(b) the End User acknowledges that:
(i) the Value Added Product is derived from Landgate’s location information, © (2020) Western Australian Land Information Authority;
(ii) Western Australian Land Information Authority owns all copyright in the location information which is protected by the Copyright Act 1968 (Cth) and apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968 (Cth), all other rights are reserved and no location information, or part of the location information, may be reproduced, distributed, commercialised or re-used for any other purpose without the prior written permission of Western Australian Land Information Authority (Landgate);
(iii) the location information that the Value Added Product is derived from is provided by Landgate in good faith on an “as is” basis and while Landgate has made every effort to ensure the accuracy, reliability, completeness and suitability of the location information, Landgate:
(A) does not give any guarantee or take any responsibility or accept any liability (including liability in negligence) arising from or connected to any errors or omissions in the location information;
(B) accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the End User’s use or reliance on the location information;
(iv) reliance on the location information may only be placed on the original source documents such as the certificate of title and survey plan available from Landgate;
(v) it must exercise its own skill and care with respect to the use of the location information, and before relying on the location information, the End User must carefully consider its relevance to its purpose and obtain any professional advice appropriate to its particular circumstances;
(vi) areas and dimensions shown in the location information and Value Added Products may be approximate values only and the End User must refer to official registered documents, survey plans, diagrams etc. available from Landgate for accurate area, dimensions and other information; and
(vii) the location information that the Value Added Product is derived from may be subject to Privacy Legislation and contractual restriction on its publication and Landgate takes no responsibility for any breach of Privacy Legislation by any person in relation to the location information;
(c) the End User consents to its information being collected and provided to Landgate for audit and inspection purposes.