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Terms & Conditions

Check That Property is wholly owned, operated, and powered by Dye & Durham Solutions Pty Ltd ACN 099 032 596. For the purposes of these Terms and Conditions Check That Property is known, and referenced, as “Dye & Durham Solutions Pty Ltd”.

Dye & Durham Solutions Pty Ltd ACN 099 032 596 of Cathedral Square West Tower, Level 6, 410 Ann Street, Brisbane QLD 4000 (“Dye & Durham Solutions Pty Ltd”) is a provider of property, business, consumer and other information and related services. These services include providing information and services sourced from federal, state and local government departments, agencies and industry sources. Some services are also provided by Dye & Durham Solutions Pty Ltd as licensed resellers of government information.

A Customer Service Agreement is formed between Dye & Durham Solutions Pty Ltd and the Customer on these Terms and Conditions at the time of Ordering and accepting these Terms and Conditions via Website www.checkthatproperty.com.au and related domains displaying ‘Powered by Dye & Durham Solutions Pty Ltd’.

It is Agreed as follows:

  1. DEFINITIONS AND INTERPRETATION
  1. In this Agreement, the following definitions and interpretation apply:


  1. ACNC means the Australian Charities and Not-for-profits Commission.
  2. Act of Default means (a) any breach of this Agreement including but not limited to a default in payment of any Charges or unauthorised disclosure of the Security Information; (b) where the Customer suffers an Insolvency Event or has an administrator, liquidator or receiver appointed or enters into any composition with or scheme of arrangement for the benefit of the Customer’s creditors.
  3. Agent means any legal entity acting on behalf of another.
  4. Agreement means this Customer Service Agreement comprising the Order Form(s) and these Terms and Conditions.
  5. ASIC means the Australian Securities and Investments Commission.
  6. ASIC Register means the registers which ASIC maintains, from time to time, pursuant to legislation.
  7. ASIC System means ASIC’s computer systems including all hardware and software, used to interface with the Information Broker’s System.
  8. Business Hours means 7am – 7pm Monday to Friday Australian Eastern Daylight Time (AEDT) excluding national public holidays.
  9. Charges means the charges payable by the Customer to Dye & Durham Solutions Pty Ltd pursuant to this Agreement including, but not limited to, fees connected with the use of the Service. Dye & Durham Solutions Pty Ltd may change the Charges for a Service not contemplated from time to time at its absolute discretion without being required to provide notice to the Customer.
  10. Confidential Information means all trade secrets, ideas, know-how, concepts and information whether in writing or otherwise relating to the Software Product or the business, marketing or promotional affairs of Dye & Durham Solutions Pty Ltd.
  11. Content means the information made available to the Customer through a Service.
  12. Content Services means the provision of information (including but not limited to any and all search results and Property Certificates from any Information Provider that Dye & Durham Solutions Pty Ltd provides to the Customer) directly to the Customer or through a Software Product.
  13. Customer means the individual or legal entity (and if more than one, all of them jointly and severally) who has accepted this Agreement by electronically selecting the “I Accept” (or similar) button on Check That Property and/or any related Dye & Durham Solutions Pty Ltd Website.
  14. Default Interest Rate means the higher of:
  1. 13 percent p.a.; and
  2. the percentage (or maximum percentage) stated by the Reserve Bank of Australia as the “Cash Rate Target” plus a further five percentage points (i.e. the Reserve Bank of Australia Cash Rate Target + 5% p.a.).
  1. Direct Marketing means one to one marketing using personal details (e.g. name, address, email address), normally supported by a database, which uses one or more forms of advertising media to effect a measurable response or transaction from a person (including a corporation or organisation), and includes, but is not limited to, telemarketing, bulk email messaging (whether or not spam), postal canvassing and list brokering.
  2. Dye & Durham Solutions Pty Ltd Group means Dye & Durham Solutions Pty Ltd Information Pty Ltd ACN 073 436 414 and its subsidiaries.
  3. Dye & Durham Solutions Pty Ltd Website includes any website of any entity in the Dye & Durham Solutions Pty Ltd Group or “Powered by Dye & Durham Solutions Pty Ltd” being a white labelled version of a Dye & Durham Solutions Pty Ltd website used by a Reseller.
  4. GST means Goods and Services Tax within the meaning of the Goods and Services Tax Act 1999 (Cth) from time to time as amended.
  5. Information Broker System means the Information Broker’s computer system, including all hardware and software engaged in ordering, receipt, storage, or transmission or Search Extracts from the ASIC System.
  6. Information Provider means an entity (whether government or private) whose information the Service Provider may from time to time provide.
  7. Information Provider Information means information provided by an Information Provider, whether in electronic or hard copy format, that may be accessed by a Customer.
  8. Insolvency Event means any of the following events in respect of the Customer (and if the Customer is more than one person or entity, then any of them):
  1. a bankruptcy or winding-up proceeding is made to the relevant court;
  2. an order is made or a resolution is passed to wind up;
  3. an external administrator is appointed; or
  4. a sequestration order is made for the Customer to be declared bankrupt.
  1. Intellectual Property means all intellectual and industrial property including but not limited to copyright, patents, registered and unregistered trademarks, registered designs, trade secrets or know how.
  2. Legislation includes regulation (by any level of government).
  3. Manual Services means the bureau manual searching services, property settlement services, manual filing of documents and other physical services delivered by Dye & Durham Solutions Pty Ltd or a member of the Dye & Durham Solutions Pty Ltd Group to the Customer.
  4. Order Form means the form prescribed by Dye & Durham Solutions Pty Ltd to place an order for a Service or a Software Product (whether as part of our online session or a separate Order Form, paper or electronic).
  5. Organisation includes a company, business, sole trader or any other entity.
  6. Personal Information means personal information as defined in the Privacy Act 1988 (Cth) and similar legislation of the Commonwealth and the States and Territories of the Commonwealth (including, without limitation, the Privacy and Personal Information Protection Act 1998 (NSW) and the Information Privacy Act 2000 (Vic)), and other information to which laws relating to privacy apply, contained in Information Provider Information. Personal Information includes information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
  7. Privacy Laws means all Legislation in relation to privacy and without limitation includes the Privacy Act 1988 (Cth) and the Australian Privacy Principles, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).
  8. Property Certificates means both instantly available and offline conveyancing certificates including but not limited to land tax, roads and heritage.
  9. Related Bodies Corporate takes its meaning from the definition of that term in section 9 of the Corporations Act 2001 (Cth).
  10. Reseller means a Customer who is licensed by Dye & Durham Solutions Pty Ltd to sell a Service or Software Product onto their own end- used customers.
  11. Search Extract means the information, data, copy of document image (doc image) or document extract, including ASIC Registers, that are accessible by the Information Broker through the ASIC System, or as otherwise notified by ASIC.
  12. Security Information means the Customer’s log-in details, usernames, private keys or passwords or other access controls provided to the Customer or User to access the Service or Software Products.
  13. Service means:
  1. Content Services;
  2. Manual Services; and
  3. Any and all other discrete services provided under this Agreement
  1. Service Provider means Dye & Durham Solutions Pty Ltd or any entity of the Dye & Durham Solutions Pty Ltd Group providing the Service or the Software Product to the Customer under sub-contract from Dye & Durham Solutions Pty Ltd.
  2. Test Database means a replica of the ASIC System which operates outside ASIC’s live or production environment.
  3. Update includes patch, enhancement or upgrade.
  4. In this Agreement:
  1. Headings are for convenience and do not affect interpretation;
  2. the singular includes the plural and vice versa;
  3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  4. a reference to a party includes its executors, administrators, successors and permitted assigns;
  5. words and expressions denoting natural persons include bodies corporate, partnerships, associations, governments and governmental authorities and agencies and vice versa;
  6. a reference to any legislation, statutory instrument or regulation shall be construed in accordance with the Acts Interpretation Act 1901 (Cth) (or the equivalent State legislation, as applicable);
  7. the words “include”, “includes” and “including” are not words of limitation; and
  8. References to Legislation means that Legislation as amended from to time to time including any replacement Legislation.
  1. PRELIMINARY PROVISIONS
  1. Dye & Durham Solutions Pty Ltd may change the provisions of this Agreement at its absolute discretion from time to time in respect of a Customer Service Agreement for account customers for Services and Software Products.
  2. If the Customer is a Reseller then the Customer must ensure that it contractually requires its end users to comply with these terms and conditions at all times as if the end-user were the Customer jointly and severally owing those obligations to Dye & Durham Solutions Pty Ltd (the necessary changes being made).
  3. The Customer acknowledges that any Service Provider does not purport to give legal advice through the provision of its Services or Software Products.
  4. The Service Provider appreciates that some of these terms and conditions may appear unfair and one-sided. The Service Provider genuinely strives to ensure its terms of trade are fair and easy to understand but at the same time also protect its reasonable commercial interests. Most of the Content provided to you has been sourced by the Service Provider from various Federal and State Government departments and agencies. The contracts between the Service Provider and those Government departments and agencies often require the Service Provider to impose certain terms and conditions on the users of the Content including in relation to the use and security of access to the Content. Government departments and agencies treat any potential breach or misuse of Content, whether from the Service Provider or others, very seriously. Any unauthorised conduct by you has the potential to cause significant detriment to the Service Provider in relation to its contractual relationships with those Government departments and agencies. For this reason, the Service Provider likewise treats as very serious any breaches or potential breaches of this Agreement.

PART 1 – PROVISIONS RELATING TO THE SERVICE:

  1. ACCESS TO THE SERVICE
  1. Access
  1. Dye & Durham Solutions Pty Ltd grants to the Customer a non-exclusive right to access the Service, subject to:
  1. the terms and conditions of the Agreement;
  2. the Customer’s continuing adherence to the operating instructions displayed on the electronic platform for the Service from time to time; and
  3. any reasonable requirement notified to the Customer by the Service Provider from time to time.
  1. Order (offer) and Acceptance
  1. A Customer may order Services by placing an online order on the Dye & Durham Solutions Pty Ltd Website (Order Form) and in relation to ordering the Customer agrees that:
  1. By placing an online order on the Dye & Durham Solutions Pty Ltd Website, the Customer is offering to purchase the Service from Dye & Durham Solutions Pty Ltd in accordance with this Agreement.
  2. Dye & Durham Solutions Pty Ltd may accept the Customer’s offer by delivering the Content to the Customer or undertaking the Service. Dye & Durham Solutions Pty Ltd will not be obliged to accept the Customer’s offer even if the Customer has pre-paid for the Service. Dye & Durham Solutions Pty Ltd may reject the Customer’s offer by refunding to the Customer any payment made by the Customer.
  3. Content ordered by the Customer will be delivered to the Customer at the email address nominated by the Customer on the Website’s online Ordering Form.
  1. Specific Reservation
  1. The Customer acknowledges that Dye & Durham Solutions Pty Ltd gives no warranty or representation that any Information Provider Information or Content provided through any Information Provider is complete, accurate or up-to-date.
  1. Limitations to Access to Service
  1. Dye & Durham Solutions Pty Ltd will use its best endeavours to provide access to the Dye & Durham Solutions Pty Ltd electronic platform but will not be liable for any loss or damage sustained by the Customer caused by the failure of Dye & Durham Solutions Pty Ltd to provide access to the electronic platform for the Service during Business Hours.
  2. In respect of its use of the Service, the Customer acknowledges that:
  1. The Customer’s access to the Service may be limited to the hours of access provided by the Information Providers. These hours will be notified on the electronic platform for the Service; and
  2. Access to the Service or particular Content provided through the Service may from time to time be unavailable due to circumstances beyond the control of Dye & Durham Solutions Pty Ltd, in which case Dye & Durham Solutions Pty Ltd or any Service Provider shall not be liable for any loss or damage sustained by the Customer caused by the unavailability of the Content or the Service.
  1. Customer Assistance
  1. The Customer must provide the Service Provider with all information and assistance and accessories reasonably required by the Service Provider to enable it to supply the Service to the Customer.
  1. Property Rights in Content
  1. The Customer agrees:
  1. that Content provided through the Service may be subject to copyright, intellectual property rights and other property rights of the Service Provider or another entity (including but not limited to an Information Provider);
  2. not to do or omit to do anything which infringes these rights; and
  3. Any copyright notations on Content must remain on the Content in whatever form it is re-produced by the Customer.
  1. Assistance with the Service
  1. Dye & Durham Solutions Pty Ltd will provide the Customer with assistance (within Business Hours) through its Help Desk, in order to assist Customers with any enquiries about the Service.
  1. USE OF CONTENT PROVIDED THROUGH THE SERVICE
  1. The Customer agrees not to reproduce, retransmit, redistribute, disseminate, sell, publish or circulate any Content obtained through the Service to any other person other than:
  1. Content used in the course of the Customer’s usual business (including but not limited to a Customer law firm providing the results of searches to their client, the other party or financiers to a transaction); or
  2. If the Customer is an authorised Reseller, to its end user customers.
  1. The Customer undertakes and agrees to read any and all deeds, terms and conditions of use of the various Information Providers (contained on the respective websites of those Information Providers), from time to time, and undertakes to adhere to these at all times.
  2. The Customer agrees to comply with any and all conditions of Information Providers (from time to time) relating to the use of Content that is obtained through the Service (including but not limited to the prohibition on use of the Content for Direct Marketing).
  3. The Service Provider may offer a document repository service on the electronic platform for the Service. The Customer acknowledges that on termination of this Agreement for any reason, access to the historical documents stored on the document repository will be immediately irrevocably relinquished.
  1. REQUIREMENT FOR CUSTOMER TO COMPLY WITH LANDATA® TERMS
  1. The Customer accessing Landata® agrees to comply with the Terms & Conditions required by Victoria Landata set out in the schedules to this Agreement and must, contemporaneously with signing this Agreement (or as otherwise required by Dye & Durham Solutions Pty Ltd):
  1. Sign and return a copy of VIC LANDATA Schedule 8 (signed by the Customer); and
  2. Sign and return a copy of a “Schedule 5 Deed for LANDATA Conditions of Use – Customers” (signed as a Deed by the Customer, including any updated Schedules as required by Landata Victoria.
  1. The signed Landata Victoria Agreements above must be received by the Dye & Durham Solutions Pty Ltd Helpdesk prior to Landata Victoria access being granted or used. All pages must be received (in originally signed form), not just the signature page.
  1. REQUIREMENT FOR CUSTOMER TO COMPLY WITH ASIC TERMS OF USE
  1. In respect of any ASIC Content provided by Dye & Durham Solutions Pty Ltd to the Customer, the Customer agrees that:
  1. The Search Extracts contained in the ASIC System and ASIC Registers are based on information provided to ASIC by third parties;
  2. ASIC has not verified the accuracy, currency, reliability or completeness of the Search Extracts and makes no representation or warranty as to their accuracy, currency or reliability;
  3. ASIC will have no liability to any persons for any inaccuracy, omission, defect or error in the Test Database, ASIC System or ASIC Registers; and
  4. Extracts in relation to companies limited by guarantee which are registered charities with the ACNC will not be up to date as charities now notify changes to the ACNC, not ASIC.

PART 2 – GENERAL PROVISIONS

  1. SUBCONTRACTING BY DYE & DURHAM SOLUTIONS PTY LTD
  1. Where a Service or Software Product is provided to a Customer by an entity other than Dye & Durham Solutions Pty Ltd, Dye & Durham Solutions Pty Ltd subcontracts the Service Provider to provide the Service or Software Product to the Customer on behalf of Dye & Durham Solutions Pty Ltd.
  1. CUSTOMER GENERAL OBLIGATIONS UNDER THIS AGREEMENT
  1. The Customer must:
  1. Prior to its commencement of use of the Service or the Software Product, purchase or otherwise arrange (at its own expense) such equipment, hardware, systems and operating environments at least to the minimum standards as are prescribed by Dye & Durham Solutions Pty Ltd from time to time as necessary to access, operate, install or host the Service and the Software Product.
  1. ACCESS BY SECURITY INFORMATION
  1. Access to the Software Product or to the Service may be by Security Information.
  2. The Customer agrees not to disclose the Security Information to any other person, corporation, entity or organisation.
  1. CHARGES
  1. The Customer shall pay the Charges at the rate set out on the Dye & Durham Solutions Pty Ltd Website, or displayed at time of Ordering.
  2. The Customer will make payment in the manner specified in this Agreement, or as prescribed at the time of Ordering
  3. The Customer agrees that all Charges are incurred by the Customer personally (even if the Customer has incurred such fees or charges on behalf of any other third party).
  4. Payments can be made by credit card or PayPal only. Payments by credit card will have added the cost of the merchant’s fee associated with such a payment or 3% (whichever is the higher).
  5. Dye & Durham Solutions Pty Ltd reserves the right to charge interest on any overdue Charges or other amounts payable by the Customer to Dye & Durham Solutions Pty Ltd, from the date due for payment to the date of actual payment at the Default Interest Rate.
  6. The Customer will be charged for every search conducted on the Dye & Durham Solutions Pty Ltd Website. No refunds will be given if the Customer is unhappy with the purchase or the result of a Customer error. The Service Provider may provide the Customer with search credits provided that, within seven (7) days of the search being conducted, the Customer notifies the Service Provider of the time, date, search type and reason for credit request. The Service Provider has an absolute discretion on whether or not to provide credits.
  7. The Service Provider may vary or change the Charges from time to time.
  8. The applicable Charge for a Service will be the Charge that is current at the time that the Charge is incurred.
  1. INTELLECTUAL PROPERTY RIGHTS AND OBLIGATIONS
  1. Dye & Durham Solutions Pty Ltd warrants that the Dye & Durham Solutions Pty Ltd Group has all right, title and interest in the intellectual property rights reasonably necessary to enable the Customer to use the Software Products and Services (excluding third party software), provided in accordance with this Agreement from time to time.
  2. Dye & Durham Solutions Pty Ltd owns all intellectual property in any customisation, alteration or Update of any Software Product (even if made at the specific request of the Customer and in exchange for a professional Services fee).
  1. TERMINATION OF THIS AGREEMENT (IN WHOLE OR PART)
  1. Termination of this Agreement by Dye & Durham Solutions Pty Ltd
  1. Dye & Durham Solutions Pty Ltd may, immediately suspend the Customer’s access to the Service or the Software Product, or any part of the Service or the Software Product if the Customer commits or is reasonably suspected by Dye & Durham Solutions Pty Ltd of committing an Act of Default;
  2. During the period of suspension, Dye & Durham Solutions Pty Ltd must elect (within a reasonable time) to either:
  1. Terminate this Agreement or any part of this Agreement with the Customer for the Customer’s Act of Default; or
  2. Restore access to the Service or Software Product on such terms that Dye & Durham Solutions Pty Ltd in its absolute discretion sees fit (including, but not limited to, the issue to the Customer of new Security Information) Assuming the Act of Default has been remedied and Dye & Durham Solutions Pty Ltd is reasonably satisfied that the Act of Default will not occur again.
  1. Effect of Termination
  1. Termination of this Agreement:
  1. will not release the Customer from liability in respect of any breach or non-performance of any obligation contained in this Agreement; and
  2. will not affect any rights or remedies which Dye & Durham Solutions Pty Ltd may have otherwise under this Agreement or at law, and the Customer acknowledges that any indemnities given by it under any provision in this Agreement shall survive the termination of this Agreement.
  1. GENERAL WARRANTIES, LIABILITY AND EXCLUSIONS FROM LIABILITY
  1. Dye & Durham Solutions Pty Ltd (or any member of the Dye & Durham Solutions Pty Ltd Group) does not make any express warranties that the Services or Software Product will:
  1. Operate error free; or
  2. Be uninterrupted while in use; or
  3. Be available at any or all times.
  1. Except as otherwise expressly provided in this Agreement, all warranties, representations, promises, conditions or statements relating to the Service or Software Product, whether expressed or implied; and whether statutory or otherwise (including, without limiting generality, warranties, representations, promises, conditions and statements as to merchantability, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to obtain from or in the course of using the Service), to the full extent permitted by law, are hereby expressly excluded.
  2. Dye & Durham Solutions Pty Ltd (or any member of the Dye & Durham Solutions Pty Ltd Group) shall not be liable to the Customer for any direct or indirect loss or damage in respect of anything done or omitted to be done by the Customer in reliance on information provided under this Agreement or otherwise relating to or resulting from use of the Service or Software Product, including but not limited to loss arising out of:
  1. Any inaccuracy, error or delay in, or omission from, any Services or Software Product to be delivered to the Customer;
  2. Any delays, failures, or inaccuracies in the transmission of any Services or Software Product to the Customer;
  3. Any delay or failure in or loss of access to the Service or Software Product;
  4. Any government restriction, computer viruses, computer hardware or software failure, unlawful or unauthorised access to the Service or Software Product, theft, sabotage, natural or human-caused disaster, acts of war or public enemies, strikes, force majeure and without limitation any other conditions beyond the Service Provider’s control; and whether such loss or damage is caused by any fault or negligence on the part of the Service Provider or otherwise.
  1. To the extent permissible by law, the liability of the Service Provider in contract, tort (including negligence) or otherwise relating to or resulting from use of the Service or Software Product shall in any event be limited to any one or more of the following (at the Service Provider’s option):- (a) The supply of the Service or Software Product again; or (b) The payment of the cost of having the Service or Software Product supplied again being pre agreed in respect of the Software Product to be capped at the annual Software Licence usually charged by Dye & Durham Solutions Pty Ltd for one (1) year.
  2. Irrespective of the fact that Dye & Durham Solutions Pty Ltd may specify minimum or recommended equipment or operating environment requirements in relation to the Software Product, Dye & Durham Solutions Pty Ltd does not profess to be an expert in relation to compatibility of the Software Product and any particular equipment or equipment components, operating environment or the correct configuration of such equipment or operating environment to enable the Software Product to operate correctly. Dye & Durham Solutions Pty Ltd specifically excludes any warranty that the Software Product shall operate on such minimum or recommended equipment or operating environment and therefore excludes any loss, cost, liability or damages suffered as a result of problems related to the compatibility, performance or configuration of particular equipment or operating environment.
  3. Dye & Durham Solutions Pty Ltd has no obligation to obtain for the Customer anything other than the Software Products or Services deliverable under this Agreement and has no liability (whether for direct, indirect or consequential loss or damage) to the Customer for, nor any obligation to remedy any problem resulting from:
  1. any system design, configuration or integration services supplied by any party other than Dye & Durham Solutions Pty Ltd;
  2. anything being configured otherwise than in accordance with Dye & Durham Solutions Pty Ltd recommendations;
  3. use of any Software Product or Service, by the Customer or anyone else, otherwise than in accordance with the documentation supplied by Dye & Durham Solutions Pty Ltd relating to that Software Product or Service;
  4. anything done by Dye & Durham Solutions Pty Ltd or anyone else at the Customer’s request or direction (other than the supply of the Software Products or Services);
  5. any goods or services (for example, any software maintenance or equipment maintenance services) supplied by anyone else;
  6. any Software Product or Service being incompatible with any software or equipment not supplied by Dye & Durham Solutions Pty Ltd;
  7. any other person’s action, inaction, or delay;
  8. breach of any of the Customer’s obligations set out in this Agreement;
  9. Customer data not being copied or backed up;
  10. migrating or dealing with Customer data which is corrupt prior to migration or conversion; or
  11. dealing with data that is known to contain correctable errors and requires cleansing and correction.
  1. To the fullest extent permitted by law all implied warranties are excluded. To the extent that they cannot be excluded but the liability of Dye & Durham Solutions Pty Ltd (or the Dye & Durham Solutions Pty Ltd Group) may be limited, it is at the sole discretion of Dye & Durham Solutions Pty Ltd to:
  1. In respect of the Software Product, to the re-supply of the Software Product license for one year or the cost of the re- supply of the Software Product which is agreed to be capped at the annual Software Licence usually charged by Dye & Durham Solutions Pty Ltd for one year for the number of seats licensed by the Customer;
  2. In respect of the Service, to the re- supply of the Service or of the Content in question that the Customer ordered through the Service.
  1. Dye & Durham Solutions Pty Ltd shall not be responsible for any loss, consequential or otherwise, and howsoever caused, resulting from the Customer’s use of the Software Product or the Service.
  2. The Customer acknowledges that Dye & Durham Solutions Pty Ltd does not make any representations or warranties with respect to the usefulness or efficiency of any Software Product or any Service provided under this Agreement. The Customer has made its own enquiries and is satisfied with the usefulness and efficiency of the Software Product and Services.
  3. Any liability that Dye & Durham Solutions Pty Ltd (or any entity in the Dye & Durham Solutions Pty Ltd group or any of its officers or employees) may have to the customer whether as a result of breach of contract or negligence, is capped
  1. in relation to the software product, at the total of the annual software product licence fees paid or payable by the customer in the twelve months prior to the liability date; and
  2. in relation to the service, to the re- supply of the service or content ordered through the service.
  1. INDEMNITY, RELEASE & DISCHARGE
  1. The Customer agrees to fully indemnify and hold harmless Dye & Durham Solutions Pty Ltd and every member of the Dye & Durham Solutions Pty Ltd Group and their officers and employees against all expenses, losses, damages and costs incurred by or awarded against any of them arising from any claim, suit, demand, action or proceeding (including legal costs on a full indemnity basis) by any person where such loss or liability relates to or arises from the use of the Service or the Software Product by the Customer, reliance on information provided under this Agreement or was otherwise caused by any wilful, unlawful or negligent act or omission of the Customer, its employees, agents, customers or subcontractors in connection with this Agreement other than resulting from breach of this Agreement by Dye & Durham Solutions Pty Ltd or the negligence of Dye & Durham Solutions Pty Ltd. The indemnity will continue notwithstanding termination of this Agreement.
  1. INFORMATION SUPPLIED BY CUSTOMERS
  1. The Customer warrants that it is responsible for the accuracy, completeness and currency of the information submitted to Dye & Durham Solutions Pty Ltd, any Information Provider through the use of the Service or Software Product.
  2. If inaccurate, incomplete or non- current information is supplied by the Customer, then Dye & Durham Solutions Pty Ltd (or any member of the Dye & Durham Solutions Pty Ltd Group) will not be liable for any loss or damage (including consequential loss or damage, which includes, without limitation, loss of profits, business, revenue or data) arising from the use of the Service or Software Product.
  1. THIRD PARTY CONDITIONS AND INFORMATION
  1. The Customer acknowledges that Dye & Durham Solutions Pty Ltd is a party to various agreements with third parties, including Information Providers (“Third Party Agreements”) which enable the delivery of Information Provider Information and other services via the Service or Software Product.
  2. The Customer further acknowledges that a breach of this Agreement by the Customer may cause a breach by Dye & Durham Solutions Pty Ltd or a member of the Dye & Durham Solutions Pty Ltd Group of one or more Third Party Agreements. The Customer indemnifies, and will keep indemnified, Dye & Durham Solutions Pty Ltd and the Dye & Durham Solutions Pty Ltd Group in respect of any cost, expense, damage, loss or liability to it resulting from any such breach by the Customer (including legal costs on a full indemnity basis).
  3. Subject to this Agreement, Dye & Durham Solutions Pty Ltd acknowledges that information passed to an Information Provider may be confidential and that all reasonable precautions are taken by Dye & Durham Solutions Pty Ltd to ensure confidentiality.
  4. The Customer acknowledges that information may be transmitted to it through a medium and in any format or form as required or specified by an Information Provider, and, as such, Dye & Durham Solutions Pty Ltd may not have the choice as to the medium, format or form in which the information is transmitted.
  5. The Customer warrants that it will not hold itself out as being part of, or a representative of, any Information Provider or Dye & Durham Solutions Pty Ltd.
  1. GENERAL
  1. The Customer shall not transfer, assign, lease or otherwise dispose of its rights or obligations under this Agreement without the prior written consent of Dye & Durham Solutions Pty Ltd.
  2. Dye & Durham Solutions Pty Ltd may assign its rights and obligations under this Agreement (or any part of it) by notice in writing to the Customer and from the date specified in the notice future obligations of Dye & Durham Solutions Pty Ltd shall cease and be taken on by the assignee.
  3. Dye & Durham Solutions Pty Ltd may have a security interest in the personal property that it supplies to a Customer pursuant to this Agreement and it may register that security interest against the Customer on the PPSR. The Customer must not enter into a security agreement with any third party that includes as collateral personal property supplied to the Customer by Dye & Durham Solutions Pty Ltd (including and Software Product or any licence rights to it).
  4. Dye & Durham Solutions Pty Ltd reserves the right to change its minimum hardware and software requirements without notice.
  5. Dye & Durham Solutions Pty Ltd may sub-contract any entity to perform any of its obligations under this Agreement.
  6. Notices may be given by Dye & Durham Solutions Pty Ltd to the Customer by system status alerts, email, fax or mail. The Customer accepts that notices may include commercial electronic messages and that, should a Customer wish to opt out of receipt of such messages, Dye & Durham Solutions Pty Ltd requires a request in writing. Due to its contractual requirements and arrangements with Authorities, Dye & Durham Solutions Pty Ltd does not guarantee that such commercial electronic messages will cease.
  7. Dye & Durham Solutions Pty Ltd uses electronic messaging to promote new services and other items considered important to Customers and the Customer agrees to receive these commercial electronic messages.
  8. This Agreement constitutes the complete understanding between the parties and no waiver or modification of this Agreement will be valid unless agreed in writing between the parties. To be clear, no other document alters this Agreement unless that is expressly stated and agreed to in writing by Dye & Durham Solutions Pty Ltd and to the extent of any inconsistency, this Agreement will prevail.
  9. If any clause or sub clause (or part of such) of this Agreement should be held to be invalid or unenforceable in any way, the remaining clauses and sub clauses of this Agreement shall remain in full force and effect and such invalid, illegal or unenforceable clause or sub clause (or part of such) shall be deemed not to be part of this Agreement.
  10. Any provision or part of a provision of this Agreement capable of having effect after termination of this Agreement shall continue following termination, including without limitation Dye & Durham Solutions Pty Ltd’s security interest in the personal property it supplies to the Customer.
  11. A failure to exercise or a delay in exercising any right, power or remedy under this Agreement will not amount to a waiver by Dye & Durham Solutions Pty Ltd of its rights under this Agreement and at law.
  12. Non-insistence on strict compliance with any terms of this Agreement does not amount to a waiver or variation of this Agreement or prejudice the strict enforcement of its terms. A waiver must be in writing and must expressly state that it is a waiver of a right under this Agreement.
  13. The Customer acknowledges and agrees that, apart from any representations contained in this Agreement, it:
  1. did not rely on any representations made Dye & Durham Solutions Pty Ltd prior to entering into this Agreement; or
  2. was not induced to enter into this Agreement by any representations made by Dye & Durham Solutions Pty Ltd.
  1. Time is of the essence in this Agreement.
  2. This Agreement is for the benefit of all entities in the Dye & Durham Solutions Pty Ltd Group from time to time and its employees and Directors, as if those persons are third parties pursuant to section 55 of the Property Law Act 1974 (Old).
  1. GOVERNING LAW
  1. This Agreement is governed by the laws of the State of Queensland. Dye & Durham Solutions Pty Ltd and the Customer submit to the now exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia in respect of any proceedings in connection with this Agreement.
  1. CONFIDENTIAL INFORMATION
  1. The Customer agrees to keep confidential the Confidential Information and not make public, disclose or use it for any purpose other than that for which it was obtained.
  2. The Customer must not use the Confidential Information outside of the Customer’s business environment.
  3. The Customer must comply with any specific directions from Dye & Durham Solutions Pty Ltd or the relevant Information Provider with respect to such Confidential Information.
  1. PRIVACY STATEMENT & POLICY
  1. Dye & Durham Solutions Pty Ltd is committed to protecting the privacy of its Customers. Dye & Durham Solutions Pty Ltd’s Privacy Statement is available at www.checkthatproperty.com.au/privacy-policy

PART 3 – TERMS OF USE FROM GOVERNMENT AGENCIES, DEPARTMENTS AND OTHER INFORMATION PROVIDERS

  1. DEPARTMENT OF NATURAL RESOURCES AND MINES
  1. Definitions
  1. Direct Marketing means one to one marketing, normally supported by a database, 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 e-mail messaging (spam), postal canvassing and list broking.
  2. Licensed Data means data that is owned by or licensed to the State of Queensland (Department of Natural Resources and Mines) and licensed to others under agreements.
  3. Licensed Data Product means any Value Added product derived from or based on the Licensed Data or any Licensed Data Product. Value Adding means any augmenting, repackaging or incorporating of the Licensee’s data, or other data licensed to the Licensee, with the Licensed Data. Conversion of the Licensed Data onto different media or the translation into a different format is not Value Adding.
  4. Hardcopy Product means any printed paper based (not in electronic form) Licensed Data Product.
  1. Ownership
  1. I acknowledge that I have no rights of ownership in the Licensed Data and all Intellectual Property Rights including copyright in the Licensed Data are retained by the State of Queensland (Department of Natural Resources and Mines).
  1. Liability

I acknowledge that the State of Queensland (Department of Natural Resources and Mines) or the Licensee does not guarantee the accuracy or completeness of the Licensed Data and does not make any warranty about the Licensed Data.

I agree that the State of Queensland (Department of Natural Resources and Mines) or the Licensee is not under any liability to me for any loss or damage (including consequential Loss or damage) from my use of the Licensed Data Products.

  1. Privacy

I agree that I will not use the Licensed Data or Licensed Data Products with the intention of encroaching on the privacy of an individual and I will comply with the Privacy Laws.

I agree that I will not use the Licensed Data or Licensed Data Products for Direct Marketing.

  1. Copyright and Disclaimer

I agree to display the applicable copyright notice and disclaimer notice.

All reproductions of the Licensed Data, however altered, reformatted or redisplayed, must bear the following notice:

© The State of Queensland (Department of Natural Resources and Mines) All Licensed Data Products must bear the following notice and must refer to the relevant data in the Licensed Data Products:

Based on Data provided with the permission of the Department of Natural Resources and Mines.

All reproductions of the Licensed Data or Licensed Data Products must bear the following notice:

The Department of Natural Resources and Mines makes no representation 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.

  1. AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION (“ASIC”)

The User acknowledges that;

  1. The search extracts contained in the ASIC System and ASIC Registers are based on information provided to ASIC by third parties.
  2. ASIC has not verified the accuracy, currency, reliability or completeness of the search extracts and makes no representation or warranty as to their accuracy, currency or reliability.
  3. ASIC will have no liability to any persons for any inaccuracy, omission, defect or error in the Test Database, ASIC System, ASIC Registers or Dye & Durham Solutions Pty Ltd’s programs or data.
  4. AUSTRALIAN FINANCIAL SECURITY AUTHORITY (“AFSA”)

User acknowledges that the National Personal Insolvency Index (“NPII”) maintained by AFSA may contain errors and that Dye & Durham Solutions Pty Ltd shall not be liable for any inaccuracy in the NPII.

  1. NSW LAND & PROPERTY INFORMATION (“NSW LPI”)

Conditions of use:

Users are prohibited from:

Using the Property Information other than for their own business purposes Onselling, sub-licensing, disclosing or otherwise providing Property Information in any form to any other person. Altering the format, meaning or substance of any Property Information supplied Printing Property Information on paper other than plain or preprinted paper, which includes a Proprietory Notice. *

Making copies of the Property Information other than as are reasonably required for backup purposes, provided that such copies include a Proprietary Notice * and are secured so as not to be accessed or used by unauthorised persons or for any purpose other than backup.

* Proprietory Notice means a notice on material in which LANDS claims rights, title or ownership, and appears as “© State of New South Wales through Department of Lands (year)”

  1. LANDATA, VIC LAND REGISTRY (“LANDATA”)
  1. Definitions and Interpretations

These terms are in conjunction with the agreement between Dye & Durham Solutions Pty Ltd and LANDATA® and the following definitions apply:

  1. Authorised Purposes means:
  1. Dealings with interests in land authorised by Law;
  2. A purpose directly related to such dealing provided that the purpose is not contrary to any Law; or
  3. An enquiry relating to land or the ownership of land recorded in the Register provided that the enquiry or the purpose of enquiry is not contrary to Law;
    but does not mean:
  4. data aggregation, data matching, marketing, compilation of mailing lists, list brokering of the Licensed Material or any related purpose except to the extent that such data aggregation, data matching, marketing, compilation of mailing lists, list brokering of the Licensed Material or related purpose is required by law (including any obligation under a court order).
  1. Crown Land Status Information means information in relation to Crown land that may include land description, whether and for what purposes it is reserved and reference to related instruments;
  2. Land Index means the electronic cross reference table listing registered proprietors, title particulars, parcel and property identifiers available as part of the LANDATA® System;
  3. LANDATA® System means the computerised system, including the Shell, as varied from time to time which currently provides access to the Licensed Material;
  4. Law means the requirements of all Acts of the Parliament of Victoria and of the Commonwealth of Australia and the requirements of all ordinances, regulations, by-laws, orders and proclamations made or issued under any such Acts or ordinances and with the lawful requirements of public and other authorities in any way affecting or applicable to this agreement;
  5. Licensed Material means the data available and known as:
  1. Statutory land titles information as held in the Register including title searches and dealings affecting the title and other information made available to the LANDATA® System by the Registrar of Titles including information about unregistered dealings;
  2. Searches of the Land Index;
  3. The Property Transaction Alert Service;
  4. Survey products including plan and instrument searches;
  5. Property Enquiry Data including planning and other property related certificates;
  6. Crown Land Status Information;
  7. Information held in the Water Register comprising of the Water Share Record and Water Register Document; and
  8. Any other data or information as notified in writing by LANDATA® And any update or new release of that material.
  1. Licensed Material accessed through the Shell means the data available and known as:
  1. Statutory land titles information as held in the Register including title searches and dealings affecting the title and other information made available to the LANDATA® System by the Registrar of Titles including information about unregistered dealings;
  2. The Property Transaction Alert Service;
  3. Survey products including plan and instrument searches;
  4. Property Enquiry Data including planning and other property related certificates
  5. Crown Land Status Information;
  6. Information held in the Water Register comprising of the Water Share Record and Water Register Document; and
  7. Any other data or information as notified in writing by LANDATA®.
  1. Property Enquiry Data means details obtained from various statutory bodies relating to a property in Victoria but excluding Title Search Data;
  2. Property Transaction Alert Service means the service of providing alerts relating to property transactions including:
  1. For specified folios of the Register – notice of lodgement of dealing(s);
  2. For specified unregistered plans of subdivision – notice of the lodgement of the plan or other dealing(s) affecting the plan; and
  3. For specified registered plans of subdivision – notice of the lodgement of dealing(s) affecting the registered proprietor of any lot in the plan of subdivision.
  1. Register has the same meaning as is in section 4 of the Transfer of Land Act 1958 (Vic);
  2. Shell means the portal through which a Customer, User or Ad-hoc Customer can access that part of the Licensed Material that the Licensor makes available through the Shell;
  3. State means the Crown in right of the State of Victoria;
  4. Title Search Data means information consisting of the details of the Register including title particulars, final search, historical search, plans and lodged instruments;
  5. The User is prohibited from:
  1. Providing the Licensed Material by way of online connection to any other party unless the User is also a Dye & Durham Solutions Pty Ltd Searching Reseller;
  2. Altering the format, meaning or substance of the Licensed Material;
  3. Assembling or compiling, attempting to assemble or compile or directly or indirectly allowing or causing another person to assemble or compile or attempt to assemble or compile a database, directory or similar device which is similar in content, functionality or in any other respect to the Register or Land Index;
  4. Extracting data from the Licensed Material, or directly or indirectly allowing or causing another person to extract data from the Licensed Material, using screen scraping, web scraping or any other similar data extraction techniques;
  5. On selling or distributing the Licensed Material in any format unless the User is also a Dye & Durham Solutions Pty Ltd Searching Reseller; and
  6. Using the information available from the Licensed Material for other than the Authorised Purposes.
  1. Dye & Durham Solutions Pty Ltd (and a Dye & Durham Solutions Pty Ltd Reseller where appropriate) will not provide access to the Land Index unless the User has executed a deed in the form prescribed by LANDATA®.
  2. The User acknowledges and agrees that:
  1. Copyright in all information from the Register is owned by the State. No part of the Licensed Material supplied may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth), pursuant to written agreement or to the extent required for the purpose of compliance with section 32 of the Sale of Land Act 1962 (Vic);
  2. The State does not warrant the accuracy or completeness of the Property Enquiry Data, the information in the Property Transaction Alert Service, the information in the Land Index or Crown Land Status Information or other information made available by the LANDATA® System other than Title Search Data and any person using or relying upon such information does so on the basis that the State bears no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information; and
  3. The information from the Register is valid at the time and in the form obtained from the LANDATA® System only. The State accepts no responsibility for any subsequent release, publication or reproduction of the information from the Register. The State accepts no responsibility for information or data other than that which is part of the Register as provided for in the Transfer of Land Act 1958 (Vic).
  1. The User acknowledges that where a User has access to Property Enquiry Data, the User is responsible for the accuracy and completeness of the information submitted in each application and that if, due to the inaccurate or incomplete information which the User supplies:
  1. There is an error in the Register search statement or property certificate sent to the User; or
  2. The wrong Register search statement or property certificate is sent to the User, Dye & Durham Solutions Pty Ltd is still responsible for the payment of the fees and charges for such data under the terms of the agreement between Dye & Durham Solutions Pty Ltd and LANDATA®.
  1. The User consents to the collection and use of the information which is provided by the User when using the LANDATA® System for all purposes associated with the use and operation of LANDATA®, the LANDATA® System and all related administration and operations of LANDATA®.
  2. The User must maintain a record of all persons who are given access to the Licensed Material throughout the term of its Agreement with the Licensee and not less than 7 years from the date of termination or expiration of its Agreement with the Licensee.
  3. The User may only store data drawn from the Licensed Material for a period of 120 days and after the expiration of that period the data must be deleted from any server or other data storage facility, but may be retained as part of the discrete record of that Enquiry. The User may only use the data stored for the purposes of the Enquiry for which it was originally made.
  4. LANDGATE’S TERMS AND CONDITIONS FOR BROKER’S END USERS
  1. The End User:
  1. May only use the Title Products for its own Internal Use;
  2. Must do all things within its power to prevent the unauthorised use or disclosure of the Title Products and any related information;
  3. Must do all things within its power to ensure the Title Products are only used for lawful purposes and in ways that are consistent with these (Landgate Suggested) terms and conditions, the Broker’s Agreement, the TLA and the Land Information Authority Act 2006.
  4. Must at its own cost, comply with all regulations, restrictions and conditions imposed by any legislation for the use of, access to, storage of or dealing with the Title Products. This includes, but is not limited to, the requirements of the Privacy Legislation.
  1. The End User must not:
  1. Reproduce, supply, on-sell, sublicense, disclose or otherwise provide Title Products in any form to any other person;
  2. Alter the format, meaning or substance of any Title Products supplied;
  3. Alter or omit the meaning, substance, content, coordinates or spatial integrity of any Title Products;
  4. Create data or other products which are the same as or substantially similar to the Title Products, or reverse engineer or rework the Title Products or by any means use any:
  1. outputs, whether or not from the Title Products; or
  2. combination of data which includes the Title Products; or
  3. permit any third party to do the same, except as permitted by law;
  1. Derogate or detract from the legal rights of Landgate in the Title Products or any data derived from the Title Products
  2. Display, distribute, sell, license, hire, let, trade or expose the Title Products for sale;
  3. Keep a copy of any portion of the Title Products or any data derived from the Title Products;
  4. Store any Title Products (or any part of them) in any form;
  5. Not use or permit to be used, the logo of Landgate or any modification thereof, unless:
  1. in accordance with these (Landgate Suggested) terms and conditions; or
  2. with the prior written consent of Landgate.
  1. End Users acknowledge that they use the Title Products at their own risk, from the time of delivery to them.
  2. The End User must:
  1. Have formal procedures in place to:
  1. provide protection (eg Firewall) against intrusion and uncontrolled access to any Title Product, particularly through the Internet;
  2. prevent unauthorised access or downloading of Title Products; and
  3. ensure any Title Products are properly secured from interference when they are being transferred across the Internet.
  1. Ensure that its officers, employees, agents, contractors and third parties are made personally aware of and agree to comply with the security obligations contained in these (Landgate Suggested) terms and conditions, before providing them with access to any Title Product.
  1. The Parties acknowledge and agree that all Intellectual Property Rights in:
  1. the Title Products;
  2. any data derived from the Title Products; and
  3. any documentation provided by Landgate to the Broker for the purposes of supplying or providing Title Products to End Users; are the property of either Landgate or the State of Western Australia.
  1. The End User agrees to:
  1. comply with the requirements of the Privacy Legislation, particularly in relation to its handling of personal information, as defined in the same, including the collection, use, disclosure and security of such information, whether or not the End User is required by law to comply with the Privacy Legislation; and
  2. comply with any other reasonable direction relating to privacy given by Landgate, including those relating to Landgate’s own privacy policies and procedures; and
  3. not to do anything which if done by Landgate would be a breach of the Privacy Legislation.
  1. Landgate (including its board members and employees) will not be responsible for any actions, claims, cost, proceedings, suits or demands whatsoever arising out of any breach of the Privacy Legislation by an End User or third person, in relation to any Title Product they obtain, or in relation to the Broker’s Outputs. Furthermore:
  1. The End User must not use any Title Product for the purpose of Direct Marketing of goods or services.
  2. The End User must not release the Title Products to any third party where that party intends to use those Title Products for the purpose of Direct Marketing of goods or services.
  3. The End User must provide any assistance requested by Landgate in relation to an investigation of an allegation of misuse of any Title Product, or contravention of the Privacy Legislation.
  1. The End User agrees to only release publicity statements or any other form of advertisement or promotion that specifically refers to Landgate or Landgate’s Land Information Products where:
  1. they have first been approved by Landgate’s authorised delegate in writing (including by email), which approval will not be unreasonably withheld; and
  2. at least 24 hours written notice has been provided to Landgate prior to any such release;
  1. The End User acknowledges and agrees that, other than as expressly provided for in these (Landgate Suggested) terms and conditions, and to the extent permitted by law:
  1. No warranty, condition, description or representation is given by Landgate in relation to any documentation, services and/or software provided in conjunction with the Title Products, except for the Title Products themselves as provided under the TLA;
  2. All representations, warranties, terms and conditions whether express or implied by use, statute or otherwise, in relation to the state, quality or fitness for purpose of any documentation, services and/or software provided in conjunction with the Title Products are excluded, except for those provided under the TLA for the Title Products themselves;
  3. Landgate will not be liable to End Users for any loss or damage (including loss of profits, business, revenue or data), arising from or in connection with the supply of the Title Products, whether in contract, tort, negligence or otherwise, or in relation to:
  1. the performance of the Web Service;
  2. any claim for infringement of intellectual property rights based on the modification, combination, operation or use of the Title Products with any computer programs, systems or data not furnished by Landgate;
  3. the Broker’s Outputs; or
  4. anything except the Title Products provided under the TLA.
  1. Notwithstanding the preceding clause, Landgate’s liability for any breach of terms implied by legislation which cannot be excluded, will be limited to the extent permitted by law and at the option of Landgate, to one or more of the ways permitted by section 68A(i) of the Trade Practices Act 1974 (Cth), at Landgate’s option.
  1. If there is any inconsistency between:
  1. these (Landgate Suggested) End User terms and conditions; and
  2. the remainder of the agreement between the Broker and the End User for the supply or provision of Title Products; these (Landgate Suggested) End User terms and conditions prevail to the extent of that inconsistency.
  1. DEFINITIONS
  1. Broker’s Agreement means the means the head licence between the Broker and Landgate, or the document entitled the Landgate Title Products Broker Agreement 2009.
  2. Broker means:
  1. the party who has been appointed by Landgate as its non-exclusive agent to carry on Landgate’s Business for the term of the Broker’s Agreement; and
  2. the party with whom the End User has entered into a contract to supply or provide Title Products.
  1. Broker’s Outputs means the Broker’s own products and services which:
  1. are produced independently by the Broker; and
  2. are not part of Landgate’s Business and not the subject of Landgate’s agency arrangements; and
  3. supplement the Title Products, without altering their inherent nature or integrity; and
  4. will be supplied at a price determined entirely by the Broker.Broker’s Outputs may include the following products and services:
  5. Bundling or packaging together several Title Products; and/or
  6. Bundling or packaging the Title Products with other products from the Broker’s business;
  7. Providing integrated web portals or web services;
  8. Providing advanced account management functions;
  9. Any other Broker product which incorporates a Title Product
  1. End User means the Broker’s or Sub- Broker’s customer, member or subscriber, who has entered into an agreement with the Broker or Sub-Broker, for the supply or provision of Title Products. The term End User includes the officers, employees, servants, contractors and agents of the same. End Users may use Title Products for Internal Use only.
  2. Intellectual Property Rights means all rights in and to any copyright, trademark, trading name, design, patent, know how (trade secrets) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights, as further specified in clause 26 of the Broker’s Agreement.
  3. Internal Use means use for an End User’s:
  1. own business or internal purposes; or
  2. own clients or customers, where those clients will be the final recipient of the Title Products concerned and they will only use the Title Products concerned in relation to the singular purpose or transaction for which they were acquired.
  1. Landgate’s Business means to market, promote and sell Title Products, on behalf of Landgate to End Users.
  2. Privacy Legislation means the Privacy Act 1988 (Cth) and any State privacy legislation which may be enacted during the Term.
  3. Title Product is the generic term used to describe:
  1. any of the products which are supplied by Landgate to the Broker, as specified in the Broker’s Agreement; or
  2. any of the other products described in the TLA Regulations, which Landgate may make available to Brokers through the Web Service from time to time.
  1. TLA means the Transfer of Land Act 1893 (WA).
  2. Web Service means the customised internet access to Landgate’s computerised systems, including an online ordering service, which is provided by Landgate for the Broker.

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