1.1 National Property Data Ltd (ABN 26 639 937 634) (“NPD”, “us”, “our” or “we”) maintains this website nationalpropertydata.com.au (including its subdomains) (this “Website”), the related websites (including but not limited to nationalpropertydata.com.au, npdata.com.au and realestateworld.com.au) (National Property Data, a “Related Website”), the content located at the domain names and subdomain names of this Website and the Related Websites and any and all associated software, application(s), media and electronic documentation made available by us that support and facilitate their operation (together, the “Platforms”) and administers the services offered through these Platforms (the “Services”) and our content uploaded to third party sites.
1.2 In order to subscribe to any of the Services, you must place a subscription order in accordance with an order form advised by us from time to time on this Website (“Subscription Order”). An agreement between you and us for the supply of the Services the subject of that Subscription Order (“Agreement”) is formed when we accept your Subscription Order.
1.3 These Terms & Conditions, (“Terms and Conditions”) including the relevant Schedules, form part of the Agreement. We may amend, vary or add to the Terms and Conditions from time to time, and our Agreement shall be deemed to be amended, varied or added to accordingly.
1.4 Revised Terms & Conditions shall be notified by updating them on this Website. Revisions will take immediate effect and may affect your ability to subscribe to the Services and to access and use all or part of the Platforms.
1.5 We may apply any upgrade, enhancement, change or modification to the Services, the content on the Platforms, our content on third party sites and/or the Platforms generally at any time in our absolute discretion.
1.7 When you access and use a Platform or a third party site as part of your subscription to the Services, you accept and agree to be bound by any terms and conditions of use of that Platform or third party site (as applicable) (“Other Terms & Conditions”). These Terms & Conditions will prevail to the extent of any inconsistency between any Other Terms & Conditions and these Terms & Conditions in relation to the Agreement.
1.8 A reference to a “Schedule” refers to a schedule to these Terms & Conditions. A Schedule forms part of the Agreement to the extent that you subscribe to any of the Services particularised in that Schedule and a reference to these “Terms & Conditions” includes Schedule(s).
2. PLACING SUBSCRIPTION ORDERS
2.1 You must place a Subscription Order in order to subscribe to any of the Services. When you place a Subscription Order, you represent and warrant that you intend to use the Services for commercial purposes.
2.2 We reserve the right to reject a Subscription Order at any time for any reason in our absolute discretion.
2.3 We accept no responsibility for errors occurring on the Platforms. Subject to condition 15 of these Terms & Conditions, we also accept no responsibility for any Services or content that is unavailable on the Platforms or our content on third party sites.
2.4 We also reserve the right to request you produce (within the requested time) appropriate identification or other documentation (to our satisfaction, in our absolute discretion) in order to confirm your identity and eligibility to be a Subscriber, and any information submitted by you in submitting a Subscription Order, before accepting your Subscription Order.
3. REGISTRATION OF SUBSCRIPTION ACCOUNT
3.1 On acceptance of your first Subscription Order, we will issue you with a user ID and password, in your name as the Subscriber of the Services, for your account on this Website. You can subscribe to any further Services by placing subsequent Subscription Orders using the supplied user ID and password for your account on this Website. Depending on your subscription, we may also issue individual user ID(s) and password(s) for your authorised person(s) who may use the Services to which you are subscribed under your account.
3.2 Unless agreed in writing by NPD, you are only able to register and maintain one (1) account on this Website which must be in your own name. You are able to manage your account via this Website, including changing any of the details provided. All information provided by you in a Subscription Order and registered on your account on this Website must be and remain current, correct and complete. You must immediately notify us in writing of any changes to your details.
3.3 You are responsible for maintaining the strict confidentiality of your user ID(s) and password(s) and for any activity under your account. You must not use another subscriber’s account without their permission. You agree to immediately notify us of any unauthorised use of your user ID(s) and password(s) or any other breach of security.
4. SUPPLY OF SUBSCRIPTION SERVICES
4.1 The Services the subject of the Agreement are those Services selected by you on your Subscription Order. We will supply the selected Services in accordance with the Agreement. Depending on the Services you select, the following Schedule(s) will apply to the Agreement and must be read together with these Terms & Conditions:
4.1.1 National Property Data and Red Square Services – Schedule 1;
4.1.2 realestateworld.com.au Services – Schedule 2;
4.1.3 Website Design and Website and Email Hosting Services – Schedule 3;
4.1.4 NATIONAL PROPERTY DATA Video Marketing Services Hardware – Schedule 4.
5. PAYMENT OF SUBSCRIPTION CHARGES
5.1 The amounts payable by you for the Services you select on a Subscription Order are set out in that Subscription Order or as otherwise advised by us in writing (“Charges”). We may increase the Charges at the end of the term of the Agreement, and will notify you of such increase if we invite you to enter into a further term.
5.2 You must pay all Charges in the manner set out in the relevant Subscription Order or as otherwise advised by us in writing from time to time. If no manner for payment is stated, the payment must be made by direct debit or credit card. We reserve the right to charge a credit card surcharge with the current minimum surcharge being one percent (1%) for Visa and MasterCard (including GST) and one and a half percent (1.5%) for American Express (including GST), subject to increases in the surcharges that we may charge.
5.3 When you place a Subscription Order, you undertake that you are an authorised user of the card or account (as applicable) nominated on the Subscription Order to pay the Charges, that the card or account (as applicable) details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the Charges. Upon receiving your Subscription Order, we may carry out a standard pre-authorisation check of your nominated card or account (as applicable). The relevant Services may not be provided until this pre-authorisation check has been completed.
5.4 If your Subscription Order is accepted by us, you authorise us to debit the amount that is payable for the Services selected on that Subscription Order from your nominated card or account (as applicable) in order to pay the Charges. You must pay all Charges in full strictly as required by the relevant Subscription Order or as otherwise advised by us in writing from time to time.
5.5 If you fail to pay any Charges or we are unable to successfully process your payment of any Charges within the timeframe required (as applicable), we may:
5.5.1 charge you a fee to compensate us for additional administration costs;
5.5.2 charge interest on overdue amounts at the pre-judgment rates applied by the Supreme Court of New South Wales;
5.1.3 suspend the Agreement;
5.1.4 terminate the Agreement.
6.1 Words or expressions used in this condition which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this condition. You shall pay all taxes, duties and other government charges payable or assessed in connection with a Subscription Order whether applying as at the date of the Subscription Order or in the future, including without limitation goods and services tax, other value added tax, sales or use taxes, stamp duty and turnover tax, but excluding taxes, duties and government charges assessed on our income or the income of our related parties. If GST has application to any supply made by a party under a Subscription Order, then the party making that supply may, in addition to any other amount or consideration expressed as payable in that Subscription Order, recover from the other party an additional amount on account of GST, such amount to be calculated by multiplying the amount or consideration payable by that other party for the supply by the prevailing GST rate. Unless GST is expressly included, the consideration expressed to be payable under the Subscription Order for any supply made under or in connection with an applicable Subscription Order does not include GST.
7. SUBMISSION OF SUBSCRIBER MATERIAL
7.1 Any information or audio visual content of a nature or type that can be uploaded to or generated on any of the Platforms via the Internet or any other technology, which is provided to us or uploaded to any of the Platforms by you or at your direction (“Subscriber Material”), must be in the manner and format required by us.
7.2 We may in our absolute discretion reject the Subscriber Material in whole or in part without giving reasons.
7.3 We may, in our absolute discretion and without notice to you and without giving reasons, remove any Subscriber Material from the Platforms at any time.
8. NPD MATERIAL
8.1 All right, title and interest in all Intellectual Property Rights in and relating to our brands, logos, images, buttons, codes, layout, text, content, products and services as displayed on the Platforms and anywhere else by us (including on third party sites) (“Brand Features”), the Services and the media and property (in draft or final form) and material purchased, prepared, created, developed or acquired by us (including material acquired by us from a sub-contractor or third party) (“NPD Material”), including the collective industry experience, information or know how gained and owned by us (“Know How”), will remain or be vested in us and/or our licensors and may not be used by you except as permitted in these Terms & Conditions. Nothing in these Terms & Conditions will be taken to constitute a transfer, assignment or grant of any ownership rights in the Brand Features, the Services or the NPD Material including Know How.
8.2 You may not copy or distribute the Brand Features, the Services or the NPD Material except to the extent that copying is necessary solely for backup purposes. You must not permit simultaneous use of the Platforms by more than the allowed number of users, use the Platforms as a means to transfer data to another computer or use the Platforms in a manner inconsistent with the Agreement or the Other Terms & Conditions of the Platforms.
9. SUBSCRIBER ACKNOWLEDGEMENTS
9.1 You acknowledge and agree that:
9.1.1 by subscribing to any of the Services and/or using the Platforms generally, you grant to us an irrevocable, worldwide, perpetual, royalty-free licence to commercialise, copy, licence to other persons, use and adapt for any purpose all Subscriber Material or other material generated by you through your use of the Services and/or the Platforms;
9.1.2 we are not responsible for any errors or omissions in any Subscriber Material;
9.1.3 you are responsible for and must pay the cost of all telecommunications and Internet access and data charges incurred when using the Services and the Platforms; and
9.1.4 you are responsible for the security and integrity of any Subscriber Material supplied to us and for ensuring that you have secure back-up copies of all Subscriber Material.
10. SUBSCRIBER OBLIGATIONS
10.1 Acceptable Use. Without limiting any other provision of these Terms & Conditions, you must:
10.1.1 only use a Platform for the bona fide purpose(s) of the Platform (“Permitted Purpose”);
10.1.2 only use a Platform in accordance with the Agreement or as otherwise permitted by the Platform’s Other Terms & Conditions;
10.1.3 only use a Platform in a commercially responsible manner and in accordance with all applicable laws, the requirements and directions of relevant regulators and applicable Industry Codes;
10.1.4 comply with all directions, instructions and/or requests issued by us in respect of your subscription to the Services and/or your use of a Platform, including but not limited to submission and management of Subscriber Material;
10.1.5 not make, arrange or authorise any reference to us, the Services or any Platform in any media, material or document (including but not limited to promotional or merchandising material) without first obtaining our prior written consent, unless you are using a direct output from the Services (including but not limited to valuations that we provide as a direct product of the Services) or as otherwise permitted by the Platform’s Other Terms & Conditions;
10.1.6 not supply misleading information to NPD or make any misrepresentations to us concerning your use of the Services and the Platform, tamper with the Services, the Platform or the NPD Material in any way or engage in any unlawful conduct or improper or unethical conduct that will or might impact detrimentally on the Services, the Platform or the NPD Material.
10.2 Prohibited Use. Without limiting any other provision of these Terms & Conditions, you must not decompile, reverse engineer, disassemble, convert or authorise any third party to decompile, reverse engineer, disassemble or otherwise convert, the Services, the NPD Material and/or the Platforms to a human perceivable form, distribute or republish the Services, the NPD Material and/or the Platforms in any way (except as expressly permitted by us for the purpose of the Services), or resell, rent, lease, lend or transfer the Services, the NPD Material and/or the Platforms to any third party. You must not alter or modify any disabling mechanism that may be resident on the Services, the NPD Material and/or the Platforms.
11. USE OF THE PLATFORMS GENERALLY
11.1 Subject to your compliance with the Agreement, you are granted a limited, personal non-exclusive, revocable non-transferrable and non assignable licence to access and use the Brand Features, Services and NPD Material and/or the Platforms generally required for you to obtain the benefit of the Services and use the Platforms in accordance with the Agreement. Any costs associated with accessing and using the NPD Material and/or the Platforms remains your responsibility. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the NPD Material and/or Platforms and meets all relevant technical specifications necessary to obtain the benefit of the NPD Material and/or use of the Platforms.
11.2 The Platforms historically are data specific to New South Wales, Australia, but over time will be expanded to include data relating to other States and/or regions in Australia. We make no representation that the NPD Material and/or Platforms of a State or region, are appropriate or available for use in all States or regions.
11.3 The Platforms may contain links to other sites not maintained by us (“Linked Sites”). We are not responsible for the content of any Linked Sites, whether or not we are affiliated with the Linked Sites. We do not in any way endorse any Linked Sites and are not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you, we shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.
11.4 The Platforms may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter, Google+, LinkedIn, YouTube and blogs). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. The Platforms are in no way sponsored, endorsed or administered by, or associated with, any social media platform.
12. TERM AND TERMINATION
12.1 The Agreement shall commence on the date of the Subscription Order and shall continue for the term set out in that Subscription Order (“Term”).
12.2 Prior to the expiry of the Term, NPD will advise you of:
12.2.1 the new term of the Agreement (“New Term”);
12.2.2 the Charges for the New Term;
12.2.3 a month to month subscription option, and Charges for that option (if available);
12.2.4 what you must do to renew the Agreement for the New Term, or the month to month option if available.
12.3 If we do not receive your confirmation of acceptance of either option in the required manner and time, the Term of this Agreement will automatically hold over month to month and the Charges will automatically increase to the month to month subscription Charge notified. You may then terminate the month to month Agreement on 1 months’ written notice to us and the term of the Agreement will end at the end of the subsequent month billing cycle from the month in which notice was given.
12.4 We may terminate or suspend the Agreement immediately upon written notice to you if you breach the Agreement, or any of the warranties or indemnities given by you in these Terms & Conditions. Charges will continue to accrue during a period of suspension of up to 90 days. If you fail to rectify a breach during a 90 day period of suspension, we can terminate the Agreement.
12.5 On expiration or termination of the Agreement, you must remove all copies of the NPD Material and all of its components from all of your systems and destroy all related material received during the course of the Services, if any, except in the case where you are legally required to maintain the material for a period of time. In the case where you are legally required to maintain the material for a period of time you are required to remove the material on the date of expiration of your legal requirements.
12.6 Termination or expiration of the Agreement will not affect your payment obligations of the Charges or any other accrued rights or liabilities of either party or any provision of the Agreement that is expressly or by implication intended to continue in force after expiration or termination, including but not limited to the warranties and indemnities provided by you under these Terms & Conditions, which will survive and remain in full force and effect in respect of the performance of all your relevant obligations. You will be required to pay all Charges outstanding at the date of termination or expiration of the Agreement (and any applicable early termination charges and/or reasonable costs incurred by us in collecting the outstanding amounts).
13. SUBSCRIBER WARRANTIES
13.1 You warrant and represent that:
13.1.1 you have full power and authority to place a Subscription Order and perform and observe all of the terms and conditions set out in the Agreement;
13.1.2 our use of any Subscriber Material or any logo, trade mark or indicia of the Subscriber (“Subscriber Brand”) will not infringe the rights (including Intellectual Property Rights) of any third party; and
13.1.4 the Subscriber Material and Subscriber Brand will not contain:
220.127.116.11 any information or subject matter that is illegal or contrary to any applicable laws, the requirements or directions of relevant regulators or any Industry Codes;
18.104.22.168 any information or subject matter that is false, misleading or deceptive or likely to mislead or deceive, or is indecent, threatening, discriminatory, in breach of any confidence, defamatory, offensive or objectionable;
22.214.171.124 any content (including but not limited to photographs or film clips) of any property or individuals where required consents have not been obtained;
126.96.36.199 any viruses, Trojans or other malicious code; or
188.8.131.52 any content that relates to financial matters and would require us to hold any particular financial services licence.
13.2 You also warrant and represent to us that each website represented by any website address (URL) shown or embedded in any Subscriber Material:
13.2.1 is controlled and operated by you, your independent contractor or your client;
13.2.2 will be functional and accessible at all times;
13.2.3 will at all times operate in compliance with all applicable laws, applicable Industry Codes and the requirements or directions of relevant regulators; and
13.2.4 is suitable in all respects including the type of subject matter to be linked to and from the relevant Platform(s) containing the relevant advertisement (or simply referred to on the relevant Platform(s) containing the relevant advertisement, as applicable).
13.3 We may test all relevant URLs, and may remove any URL included in any Content uploaded to the Platforms by you which, in our absolute discretion, fails to comply with the any of these Terms & Conditions at any time.
14. SUBSCRIBER INDEMNITIES
14.1 You agree to indemnify, and must defend and hold harmless, us and our related corporations, including our personnel, servants and agents, from and against any Losses or damages arising from:
14.1.1 your breach of any provision of the Agreement;
14.1.2 any third party claim arising directly or indirectly from your breach of any of your obligations under the Agreement;
14.1.3 any claim by any third party arising directly or indirectly as a result of us fulfilling our obligations to you in accordance with the Agreement;
15. LIMITATION OF LIABILITY
15.1 This entire condition and any other limitations in the Agreement including these Terms & Conditions do not apply to any Consumer Guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer law”) or to any of our liability for failure to comply with a Consumer Guarantee under the Australian Consumer Law.
15.2 To the fullest extent permissible by law, the Services, the NPD Material and the Platforms and their entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied. In no event will we, our affiliates and related entities, servants, employees and agents, be liable to you for any form of loss, damage, liability or expense whatsoever arising from any fault, malfunction or failure of delivery of the Services or operation of the Platform, or third party telecommunications system, software, system or computer server or any other technology based platform, including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorised access to information, loss of reputation, loss of goodwill, loss of data and the like, even if we have been advised of the possibility of such damages. You agree that you assume total responsibility and risk for your use of the Platforms and your sole remedy against us for dissatisfaction with the Services, the NPD Material, the Platforms or the content communicated in the course of, or in connection with, the Agreement is to stop using the Services, the NPD Material, the Platforms or such content.
15.3 In no event will we, our affiliates and related entities, servants, employees and agents, be liable to you for an amount in excess of the total dollar amount actually received by us from you in accordance with the Agreement, subject to clause 15.2.
15.4 We make no representations, warranties or guarantees to you and do not provide any undertaking regarding the functionality and performance of the Platforms or our content on third party sites (including but not limited to “up time”), that the Platforms or our content on third party sites will be fault or error free or that any errors or interruptions will be rectified within any particular time period.
15.5 We assume no responsibility, and shall not be liable for:
15.5.1 any damage to or viruses that may infect your computer equipment or other property on account of your access to and use of the Platforms or our content on third party sites;
15.5.2 any interruptions or errors in gaining access to the Platforms or our content on third party sites;
15.5.3 the accuracy, timeliness, completeness, security or reliability of any communications made through or in relation to the Platforms or our content on third party sites;
15.5.4 any problems or technical malfunction of any telephone or network or lines, servers or providers, technical problems or traffic congestion on a mobile network (or any combination thereof), or any other technical failures related to, or resulting from, your access to and use of the Platforms or our content on third party sites.
16.1 Each party must not, without the prior written approval of the other party, disclose or use the other party’s confidential or secret information relating to a party (or any associated entity or client of a party) which by its nature or the circumstances of its disclosure could reasonably be expected to be regarded as confidential (“Confidential Information”).
16.2 A party will not be in breach of this condition in circumstances where:
16.2.1 it is legally compelled to disclose the other party’s Confidential Information;
16.2.2 the other party’s Confidential Information was in the public domain at the time it was supplied to the party
16.2.3 the other party’s Confidential Information became part of the public domain after its provision to the party other than through a disclosure by the party (or any person to whom the party had disclosed that information);
16.2.4 or the other party’s Confidential Information came lawfully into the possession of the party other than as a result of a disclosure in breach of this condition.
16.3 Each party must ensure that its employees, agents and any sub-contractors engaged for the purposes of the Agreement do not, use or disclose the other party’s Confidential Information.
16.4 This condition will survive expiry or termination of the Agreement.
18. FORCE MAJEURE
18.1 We will make reasonable efforts to keep the Services, the NPD Material and the Platforms operational, however technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, at any time, to modify or temporarily suspend the Services or the NPD Material or functions or features on the Platforms, with or without notice, all without liability to you for any interruption, modification or suspension of the Services, the NPD Material or the Platforms or any function or feature thereof. We will not be liable for any problems or failures caused by circumstances outside our control, including but not limited to power outages, surges, data loss and failure from third party software that may occur whilst we are performing our obligations under the Agreement.
19.1 We will not be taken to have waived or modified any of term of the Agreement except by an express statement in a document signed by a duly authorised representative of NPD.
20.1 You may not assign any of its rights in the Agreement without our prior written consent. We may assign the Agreement, including our rights or obligations under it, upon written notice to you, provided that the relevant assignee undertakes to perform all of our obligations herein.
21.1 If any provision of the Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be taken to be modified to the extent necessary to make them enforceable.
22. ENTIRE AGREEMENT
22.1 The Agreement embodies the entire agreement between you and us, and supersedes all prior and contemporaneous agreements, arrangements and understandings between you and us with respect to its subject matter.
23. NO PARTNERSHIP
23.1 The Agreement does not create a joint venture, partnership, employment, or agency relationship between the parties.
24. GOVERNING LAW
24.1 The Agreement is governed by the laws of New South Wales, Australia. Each party irrevocably submits to the jurisdiction of the courts of New South Wales. We may send electronic mail to you for any notices or notifications. All notices to us relating to any legal claims or matters must be made in writing to us at our address in condition 24.2 of these Terms & Conditions.
25. SUPPORT AND CONTACT DETAILS
25.1 Support is made available for the Platforms, the NPD Material and the Services on our support telephone line (1300 137 161) from Monday to Friday (excluding NSW public holidays) between the hours of 8:45am to 6:00pm (AEDT/AEST). During this time you may contact our support line and obtain support limited to the technical use of the Platforms, the NPD Material and/or the Services. Support does not extend to issues related to the operation of your computer hardware, operating systems, network, firewall or anti-virus solution.
26. SERVICE OF NOTICES
26.1 Please direct to us any queries you may have regarding your subscription, the Platforms, the NPD Material and/or the Services. You may contact us via:
mail: 2A/175 James Ruse Drive, Rosehill NSW 2142;
telephone: 1300 137 161; and
26.2 Notices to us intended to have legal consequences must be in writing and delivered by email to the above address, and will be delivered on the day of receipt, or the following business day if received after 5:00pm on a business day.
26.3. Notices by us to you shall be sent by email to your last nominated or last used email address, and shall be deemed delivered on the day it is sent, or the following business day if sent after 5:00pm on a business day.
SCHEDULE 1 NATIONAL PROPERTY DATA
1. NATIONAL PROPERTY DATA
1.1 These Services may include:
1.1.1 property sales information, which is owned by and provided under licence from Land and Property Information, a division of the Office of Finance and Services. NPD is authorised as a property sales information provider by the Office of Finance and Services, Land and Property Information;
1.1.2 mapping data, which is owned by PSMA Australia Limited and based on data provided under licence from PSMA Australia Limited;
1.1.3 electronic real estate forms, which are owned by NPD;
1.1.4 Addlist, which comprises listing management, for sale and for lease searches, CMI searches, neighbourhood and comparative market analysis reports, which are developed by NPD.
2. PROPERTY SALES INFORMATION USE
2.1 You must not:
2.1.1 on-sell, sub-licence, disclose or otherwise provide property sales information in the form obtained from the Office of Finance and Services, Land and Property Information to any other person;
2.1.2 alter the format, meaning or substance of any property sales information supplied;
2.1.3 remove any notices referencing the Office of Finance and Services, Land and Property Information; or
2.1.4 use the property sales information for direct marketing or with the intention of interfering with the privacy of an individual.
3. TELEPHONE DATA USE
3.1 All marketing communications used in connection with the marketing list(s) created by or for you derived solely from the information provided through the telephone data service must:
3.1.1 not include a reference as to how the recipient was selected or how the recipient’s name and address were obtained;
3.1.2 prominently display a notice that the recipient may elect not to receive further direct marketing communications from you;
3.1.3 set out your business address and telephone number or a number or address at which you can be contacted electronically if such opt-out communication is made by electronic means; and
3.1.4 be in good taste in accordance with generally recognised standards of high integrity.
3.2 You will suppress an individual’s information on request by that individual so that it is removed from your future marketing initiatives. You will notify us of the request and any other consumer inquiry that involves the accuracy of the list(s) or any part thereof within seven (7) days of the date of consumer inquiry.
3.3 Supply and use of the telephone data is subject to the Do Not Call Register Act 2006 (Cth) and it is your responsibility to understand your obligations under this Act.
SCHEDULE 2 REALESTATEWORLD.COM.AU SERVICES
1. REALESTATEWORLD.COM.AU SERVICES
1.1 These Services may include:
1.1.1 listing of real property in Australia for sale, lease or auction on behalf of your clients;
1.1.2 listing and inspection alerts; and
1.1.3 Internet marketing reports.
2. ADDITIONAL SUBSCRIBER OBLIGATIONS
2.1 Acceptable Use. Without limiting condition 10.1 or any other provision of the Terms & Conditions, you must use the website realestateworld.com.au, the content located at the domain names of this website and any and all associated software, application(s), media and electronic documentation made available by us that support and facilitate its operation (Real Estate World Platforms):
2.1.1 for the bona fide purpose of listing of real property in Australia for sale, lease or auction on behalf of your clients;
2.1.2 to list and/or otherwise advertise a property once you have obtained the relevant vendor’s consent to do so; and
2.1.3 to list and/or otherwise advertise a property in Australian States/Territories where you hold a current and valid real estate agent’s licence.
2.2 Prohibited Use. Without limiting condition 10.2 or any other provision of the Terms & Conditions, you must not:
2.2.1 list any private listings for or on behalf of clients on the Real Estate World Platforms;
2.2.2 list any item other than real property for sale, lease or auction on the Real Estate World Platforms;
2.2.3 list any real property for sale, lease or auction on the Real Estate World Platforms without the required consents, releases, approvals or licences;
2.2.4 supply any false, misleading or deceptive or inaccurate information regarding any property, including but not limited to pictures/drawings or using street names, suburbs or location names that are inaccurate or not officially recognised by Geoscience Australia (www.ga.gov.au);
2.2.5 create more than one (1) listing for any one (1) property at any one time on the Real Estate World Platforms (including but not limited to creating multiple listings for a single property, but with different prices);
2.2.6 remove and then immediately (or within a short period) re-list a property on the Real Estate World Platforms so that the listing will appear as a new listing to third party users of the Real Estate World Platforms;
2.2.7 use the same titles, images or descriptions for separate property listings; or
2.2.8 list a property without having first received written approval and consent to do so from the vendor of the relevant property.
3. USE OF THE REAL ESTATE WORLD PLATFORMS
3.1 Except as expressly provided by us in a Subscription Order or otherwise in writing, the format, style and positioning of property listings (if applicable) and other Content on the Real Estate World Platforms is in our absolute discretion and we make no warranty or representation to you that any particular listing (if applicable) or other Content generated by you will be placed in any specific section or area of the Real Estate World Platforms with any particular prominence. We make no guarantees with respect to usage statistics or levels of impressions (as applicable) for Content generated by you on the Real Estate World Platforms.
3.2 You acknowledge that we have not made any warranties in respect of the success or otherwise of listing properties or otherwise advertising upon the Real Estate World Platforms.
SCHEDULE 3 WEBSITE DESIGN AND WEBSITE AND EMAIL HOSTING SERVICES
1. WEBSITE DESIGN AND WEBSITE AND EMAIL HOSTING SERVICES
1.1 These Services may include:
1.1.1 domain name registration, renewal, re-delegation or redirection;
1.1.2 domain name hosting by us in conjunction with Netregistry Pty Ltd;
1.1.3 mapping of your domain name;
1.1.4 hosting of your website in conjunction with Netorigin Group Pty Ltd;
1.1.5 email hosting provided by Netregistry Pty Ltd or forwarding;
1.1.6 creation, manipulation and use of images and graphics;
1.1.7 web page design, creation and modification;
1.1.8 provision of property search and results functionality;
1.1.9 provision of mobile device website;
1.1.10 set-up of social media accounts;
1.1.11 provision of web-based forms;
1.1.12 basic search engine optimisation and submission of your site to search engines; and
1.1.13 provision of services utilising the services of external companies.
2. DOMAIN NAME REGISTRATION, HOSTING AND RENEWAL
2.1 We will consider all requests for domain name registration and accept or reject them in accordance with the guidelines set by the relevant naming authorities. The registrant agrees that all details submitted in respect of a domain name registration are true and correct. We will process domain name registration requests on a first come, first served basis. Until the registrant receives confirmation of registration from us, there is no guarantee that the domain name requested has been registered.
2.2 We will endeavour to advise you when your domain name is due for renewal. Once a domain name has been registered or renewed, we cannot provide any refunds.
2.3 Any domain name registered on your behalf remains your property in accordance with the guidelines set by the relevant naming authorities. If your domain name is managed by us, the Domain Name Hosting, including any mappings, will be provided by us in conjunction with Netregistry Pty Ltd while you continue to subscribe to our Services.
2.4 Should you cease your subscription and/or choose not to use our Services, we accept no responsibility for any aspect of your domain name including renewal, mappings and hosting of same thereafter.
3. DOMAIN NAME TRANSFER
3.1 You may transfer your domain name from a third party to us to manage. If you choose to do so, we will facilitate the transfer of your domain name to us for it to be managed by us and you undertake to provide us with the relevant information that we may request for this to occur.
4. EMAIL HOSTING
4.1 Where you have chosen for us to manage your domain name, we are able to offer email hosting in conjunction with Netregistry Pty Ltd while you continue to subscribe to these Services. Should you cease your subscription and/or choose not to use our Services, we accept no responsibility for any aspect of your email hosting.
4.2 We will set up the email hosting service and then provide you with access to the account for you to set up and maintain email accounts. If required we will provide assistance with the initial set up of your email accounts and instructions for configuration of email clients. This assistance does not extend to issues related to the operation of your computer hardware, operating systems, network, firewall or anti-virus solution.
5. WEBSITE HOSTING
5.1 We will host your website in conjunction with Netorigin Group Pty Ltd while you continue to subscribe to these Services. Should you cease your subscription and/or choose not use our Services, we will transfer the web hosting account at Netorigin Group Pty Ltd to you within thirty (30) days of NPD receiving your cancellation of our Services. However, during this thirty (30) day period and thereafter, we accept no responsibility for any aspect of your website.
6. WEBSITE DESIGN AND SET-UP OF SOCIAL MEDIA ACCOUNTS
6.1 You are required to ensure that the content of your website and social media accounts meets all applicable laws, the requirements or directions of relevant regulators, Industry Codes and rules of the site (if any). You shall further indemnify us in respect of any claims, costs and expenses that may arise from any material included in your website and/or social media accounts set-up at your request. We reserve the right not to include any material supplied by you if we deem it inappropriate or offensive.
6.2 You will obtain all necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by you. Supply of this material by you shall be regarded as a guarantee by you to us that all such permissions and authorities have been obtained.
6.3 We will accept no responsibility for damages to or losses incurred by you from the use of material for which the required permission or authority has not been obtained.
6.4 All original graphics designed and supplied by us remain our property until full payment has been received for Services provided, at which time ownership and copyright of these graphics will be assigned to you. However, for all of our ‘template based sites’, copyright to the templates/designs will at all times reside with us. Ownership of all of your supplied material will however at all times remain with you.
6.5 We will use all due care to ensure websites provided by us are free of errors but we cannot accept responsibility once you have signed off on the website and it has been made live.
6.6 The entry and modification of all property listing content on your website is only possible through the use of either our listing management feature or via one of our external feeds.
6.7 All Intellectual Property Rights including copyright in any of the search functions, web forms, property display information, website code and database functionality remain our property.
7. WEBSITE MAINTENANCE
7.1 Modification and/or changes to your website will be assessed and quoted on a case-by-case basis. If it is agreed that the changes are chargeable (i.e. changes to text, pages, photos, graphics, tables etc.), these will be charged at our standard hourly rates with a minimum charge of thirty (30) minutes. Pricing will be provided prior to the commencement of any work.
8. SEARCH ENGINES
8.1 While we will make every effort to ensure that your website is indexed by search engines, we cannot guarantee acceptance or site rankings. Crawling, indexing and ranking are at the discretion of the search engine. We cannot be held responsible for the search results that may be displayed by the search engine.
Annexure A: Queensland Data Usage Terms
- Direct Marketing means one-to-one marketing using personal details (e.g. name, address, email address or other personal information), normally supported by a database/resource, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing, and list brokering.
- Licensed Data means data that is owned by or licensed to the State of Queensland (Department of Resources) and has been licensed to National Property Data Limited under an agreement.
- Licensed Data Product(s) means any Value Added product derived from or based on the Licensed Data or any other Licensed Data Products(s).
- Mail Merge Functionality means a facility under which a form letter can be sent to many recipients with each letter personalised using a Licensed Data Product. The facility takes each recipient’s name and/or address (from a Licensed Data Product) and enters it in its usual place on a form letter, and may also print out mailing labels.
- PIIPD Code of Conduct is the Personal Identification Information in Property Data Code of Conduct for access to bulk data including identified information in the Queensland Valuation and Sales System (QVAS) database. More information about the PIIPD Code of Conduct can be found at www.propertydatacodeofconduct.com.au
- Privacy Laws means any legislation (or mandatory government policy, where applicable) enacted by Federal or State agencies in relation to privacy and includes the Privacy Act 1988 (Cth) and Information Privacy Act 2009 (Qld).
- Value Add/Adding/Added means any repackaging which irreversibly changes the form of the Licensed Data or any augmenting or incorporation of the Licensed Data with other data. Conversion onto a different media or the translation into a different format (e.g. changing colour and formatting) of Licensed Data is not Value Adding.
I acknowledge that I have no rights of ownership in the Licensed Data. The State of Queensland (Department of Resources) 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 National Property Data Limited.
I acknowledge that the State of Queensland (Department of Resources) 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.
- I agree that I will not use the Licensed Data Product(s) to provide a Mail Merge Functionality, or with the intention of encroaching upon the privacy of an individual or for Direct Marketing and I will comply with the Privacy Laws and the PIIPD Code of Conduct as applicable.
- All Licensed Data Products must bear the following notice:
Based on or contains data provided by the State of Queensland (Department of Resources) [year]. 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.
PERMITTED USE TERMS — LICENSEE’S CUSTOMERS
- I agree to use the Licensed Data Products that I receive from National Property Data Limited 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.
a. The following definitions apply:
(i) Access means any form of access to the Licensed Material or any information containing, sourced, extracted, modified, based on, utilising, generated or in any way derived from the Licensed Material, including accessing the same via Download, Enquiry and Read Only Access functions;
(ii) Agreement means the LANDATA® Licensing Agreement for Property Sales Data between the Licensor and the Licensee;
(iii) Confidentiality Deed means a confidentiality deed in the form specified by the Licensor in the
(v) Customer Deed Poll means a deed poll in the form set out in Schedule 4 of the Agreement;
(vi) Download means the capture of any part of the Licensed Material in electronic form and the transmission of such material via the API or a file transfer to another storage medium or services (including hard drive, USB storage devices, optical storage medium, and Electronic Storage Services);
(vii) Enquiry means electronic Access to any part of the Licensed Material by a person who may view data and reproduce a physical copy (such as by printing a hard copy) but who is prevented from modifying data or Downloading the material;
(viii) Government Agency means any government and governmental body, whether Commonwealth, State, Territorial or local;
(ix) Licensed Material means that part of the data and materials relating to property sales and/or land valuation licensed by the Licensee under the Agreement that is provided by the Licensee to the Customer under the Customer Agreement;
(x) Licensed Real Estate Agent means a licensed real estate agent as defined in section 4 of the Estate Agents Act 1980 (Vic);
(xi) Licensor means the Crown in right of the State of Victoria through the Department of Environment, Land, Water and Planning (ABN 90 719 052 204);
(xii) Permitted Use means the allowed use of the Licensed Material as described in the Valuation of Land Act 1960 (Vic) and as directed by any Ministerial direction which is gazetted from time to time and as specified in the agreement between the Licensee and the Customer;
(xiii) Read Only Access means electronic access to any part of the Licensed Material by a person who may only view the data, and who is not permitted to copy it, retransmit it, reproduce it in a physical copy, modify it, delete it or Download it;
(xiv) Related Body Corporate has the meaning given in section 9 of the Corporations Act 2001 (Cth);
(xv) Use means to view or to use the Licensed Material;
(xvi) Valuer means a practising land valuer who meets the requirements for qualifications or experience as specified from time to time by the responsible Minister under section 13DA(2) of the Valuation of Land Act 1960 (Vic) or is a member of the Australian Property Institute; and
(xvii) Website means a set of related web pages located under a single domain
b. The Customer must not Access or Use the Licensed Material to:
- prepare mailing lists or to assist in direct marketing; or
- breach the provisions of the Copyright Act 1968 (Cth) in relation to access to and use of the Licensed Material, and the Customer must ensure that no other person breaches the above conditions.
c. The Customer acknowledges that it is only authorised to access certain parts of the Licensed Material depending on whether the Customer is a Valuer, a Licensed Real Estate Agent, a Government Agency, or a
d. The Customer must not Access or Use the Licensed Material for direct marketing or promotional purposes, including compilation, update or validation of mailing lists, list brokering, data matching, data analysis or data mining (whether through manual analysis or automated “big-data” type analysis), contacting vendors or purchasers, creating, preparing, compiling, updating or validating any marketing or contact lists. The Customer must not cause or allow the presentation of the Licensed Material to be linked directly or indirectly to other information (including a reference to a website) that may infer that any part of the Licensed Material may be used or available for direct marketing or promotional purposes. For the avoidance of doubt, this clause (d) does not prevent the Licensed Material being used for the purpose of general research of the property
e. The Customer acknowledges that the Licensee is prohibited from offering any feature or service that would permit the Licensed Material to be searched by any name, such as the purchaser(s) name or vendor(s) name, and the Customer must not Access or Use the Licensed Material (such as systematic or bulk Downloads) for the purpose of carrying out such a search.
f. The Customer acknowledges that if it contravenes any of the requirements of the Customer Agreement, then its Access to the Licensed Material may be suspended or terminated
g. Upon the expiration or termination of the Agreement or the Customer Agreement, the Customer must immediately destroy all Licensed Material in the possession or control of the Customer and its employees and agents, and provide to the Licensee a certificate signed by the Customer’s director or company secretary (if a company), a partner (if a partnership) or the Customer (if a sole trader) verifying the destruction.
h. If the Licensed Material to be provided to the Customer includes vendor and purchaser names, then the Customer must execute a Customer Deed Poll prior to being given access to such
i. The Customer may disclose the Licensed Material to another person as follows:
(i) to any employee or agent of the Customer on a needs to know basis, provided that the recipient, if required by the Licensor, procures the recipient to execute a Confidentiality Deed in favour of the Licensor;
(ii) if the Customer is a Valuer or Licensed Real Estate Agent, to its client provided that all of the following are satisfied:
A. the client has commissioned the Customer to carry out a valuation of real estate or engaged the Customer to sell real estate on behalf of the client, such that the Customer is required to prepare an estimated selling price of the real estate;
B. the Customer only includes such part of the Licensed Material necessary to carry out the valuation or prepare an estimated selling price for the client; and
C. in any case, details to be provided to the client must be limited to a relevant property address, land description, sale price and date of sale and must not contain any details of any vendor or purchaser contained in the Licensed Material;
(iii) in the case of a Licensed Real Estate Agent, in a statement of information prepared in accordance with section 47AF of the Estate Agents Act 1989 (Vic) to the extent required to comply with that provision;
(iv) if the Customer is a Valuer or Licensed Real Estate Agent, with the Licensor’s prior written consent, to companies, firms or persons carrying on business by way of a common franchise agreement or a similar common business structure; and
(v) as permitted by law.