Real Estate Investar Terms & Conditions
Welcome to www.realestateinvestar.com.au, the website and online service provided by Real Estate Investar Australia Pty Ltd ("Real Estate Investar," "we" or "us").
This page explains the terms by which you may subscribe to our website, online tools and software (collectively the "Service").
By subscribing to membership of and using the Service, you signify that you have read, understood and agree to be legally bound by these Terms and Conditions, and to the collection and use of your information as set forth in the Real Estate Investar privacy policy.
If you don't agree with any of these terms or if you have any objections to our Website privacy Statement you must not use the Service or website.
We may, from time to time, at our discretion, update these terms and conditions, so you should review this page periodically. If there are material changes to these terms and conditions, we will notify you by sending a notice of such changes.
Please read these terms and conditions carefully to ensure you fully understand each provision.
1. Membership
- Day 1 is the start date of your membership to the Service, and you will be charged the initial payment amount based on the membership option and contract term selected.
- You will be emailed an invoice along with your membership welcome letter with login and password details.
- All memberships to the Service are ongoing until cancellation is processed by logging onto the Real Estate Investar website My Account section and actioning your cancellation.
- membershipwith minimum contract terms are subject to any cancellation fees that will apply to the specific membership option selected.
- Unless stated otherwise all prices include GST and are in Australian currency.
- If you do not live in Australia, the supplies will be an export supply and are GST-Free so exclude GST.
- Real Estate Investar is a Xero partner and offers one Xero Cashbook (Non-GST) database to our members, included in a membership to the Service where specified. Where a member purchases additional Xero products, additional costs apply.
- Where an existing XERO partner or XERO Add on Partner subscriber subsequently purchases any of the Real Estate Investar Tools the prescribed costs below will be adjusted as the non-GST cashbook will not be included in their membership.
Promo Codes
Where you have used a PROMO CODE upon signup, the PROMO CODE IS a once only redemption on your first membership payment, unless stated otherwise.
ONCE the PROMO CODE has been utilised, then subsequent membership payment renewals will revert to the full membership rates as prescribed above.
Membership Options
Pro Membership
Signing up for Pro Membership gives you access to our Investar Search, Development Search, My Valuer, My Research, Property Analyser and Portfolio Tracker tools for the duration of your membership.
Contract terms
1. Month to month
You agree to be charged an initial payment of
immediately on day 1 of your membership, and then the same amount on the same calendar day each following month for ongoing membership access to the Service.
You may cancel your membership at any time by logging onto the Real Estate Investar website My Account section and actioning your cancellation.
Month to month membership fees are charged in advance for every month or part thereof that you are a member.
No refunds will be given.
2. 12 Month Contract with Monthly Payments
You agree to be charged an initial a monthly payment of
- $129 for Pro Membership (total minimum contract amount $1,548.00) immediately on day 1 of your membership, and then the same amount on the same calendar day each following month for ongoing membership access to the Service for the minimum 12 month contract term.
At the end of the minimum 12 month contract term, your membership continues on a month to month basis for a fee of
until you cancel your membership by logging onto the Real Estate Investar website My Account section and actioning your cancellation
3. 24 Month Contract with Monthly Payments
You agree to be charged an initial a monthly payment of
- $99 for Pro Membership (total minimum contract amount $2,376.00)
immediately on day 1 of your membership, and then the same amount on the same calendar day each following month for ongoing membership access to the Service for the minimum 24 month contract term.
At the end of the minimum 24 month contract term, your membership continues on a month to month basis for a fee of
until you cancel your membership by logging onto the Real Estate Investar website My Account section and actioning your cancellation
4. 12 Month Contract With Upfront Payment
You agree to be charged an upfront payment of
- $1,490 for Pro Membership
immediately on day 1 of your membership, for 12 months membership access to the Service.
At the end of the 12-month period (and all consequent 12 months periods), you will be charged a further
for 12 additional months membership access to the Service, unless you cancel your membership by logging onto the Real Estate Investar website My Account section and actioning your cancellation.
No refunds will be given.
5. 24 Month Contract With Upfront Payments
You agree to be charged an upfront payment of
- $1,990 for Pro Membership
immediately on day 1 of your membership, for 24 months membership access to the Service.
At the end of the 24 -month period (and all consequent 24 months periods), you will be charged a further
For 24 additional months membership access to the Service, unless you cancel your membership by logging onto the Real Estate Investar website My Account section and actioning your cancellation.
No refunds will be given.
Changing your membership Products (prorata of credits and additional charges)
From time to time you may wish to change your membership product selections. This is possible where you are not within your minimum term contract.
Depending on the products you are adding or removing this may result in an extra charge being required or a credit being applied against your account.
The calculation of the prorated amount required to be credited or debited will be based on the total cost of the product divided by the days between the last and the next billing dates multiplied by the days left in the billing cycle.
Refunds will not be given as any credits arising from the product changes will be applied as a credit against your account. Where the change of product incurs additional fees, these will be processed and paid immediately.
Continuous Service membership.
memberships are continuous. This means that once you have become a subscribing member, you accept that your membership will be automatically renewed from one period to the next and your credit/debit card will be charged based on the membership package (annual, monthly, etc.) you have chosen.
By purchasing a membership you confirm that you are the holder of the payment card or account from which payment will be taken, and/or are authorised to use that payment card or account for the transaction and any renewals.
Cancellation of Your Membership
If you select a monthly membership option that has a minimum contract term, you receive discounted pricing for your minimum term commitment.
If you decide to cancel your membership before your minimum term has been reached, then you will be required to pay a cancellation fee that reflects the difference between what you have paid to date and the best possible rate you would have paid for the term period your membership has been active.
If you pre-pay one or two years upfront, there are no refunds for early cancellation.
If you wish to cancel your membership at the end of your current membership period you must notify us at least 3 business days prior to your renewal date by logging into your My Account page on the Real Estate Investar Website.
If you do not let us know that you wish to cancel your membership as set out above, the payment for the renewal period of the membership is still payable and will still be processed on the renewal date.
Subscribing Terms
As part of the registration process, you will be provided with a login and password. You must provide Real Estate Investar with accurate, complete and updated registration information. Failure to do so will result in a breach of these Terms. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorization; or (iii) use a name that is offensive to a reasonable person.
You must immediately notify us by regular mail or by email at
[email protected] of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Real Estate Investar.
You are responsible for all usage or activity on the Website via your account. Distribution of your password to others for access to the Website or Service is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Modifications to these Terms and the Service
Real Estate Investar may modify these Terms (including any of the terms incorporated by reference herein), the Website, or the Service at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Changes will be posted at the Website or notified by email, postal mail or otherwise. With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid membership (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. If you do not accept these updated Terms or do not wish to be bound by changes following posted notices you should discontinue use of the Website and the Service and notify us immediately.
These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Real Estate Investar.
Except in respect of liability that cannot be limited or excluded under applicable law, you acknowledge that you have not relied on any representation, warranty, condition or undertaking apart from those (if any) expressly set out herein.
Customer Success Support
Support is included in your membership fee to the Service. The support team can assist you with using the tools, services and products available within your membership along with your memberships and accounts. Customer Success support however does not provide any specific financial, real estate or investment advice.
Phone support for the Service is provided 8.30am - 5pm AEST Monday to Friday, excluding public holidays.
We accept webform questions 24 hours a day x 7 days per week at support.realestateinvestar.com.au.
Webform responses are provided during phone support hours only, and we attempt to respond to webform support questions within one business day, although in practice our response times are much faster.
We do not however, guarantee any specific response times for webform questions.
Cancellation of your REI Membership Options For Continued Access to Your XERO Non-GST Cashbook
1) REI can continue to provide you with your XERO membership once you cancel as an REI member. The cost for this service is $20 per non-GST cashbook per month including GST.
2) REI can upgrade your non-GST cashbook to a business product and transfer it to your accountant. If they are a XERO partner they can downgrade it back to a non-GST cashbook. (no data is lost)
3) You can personally take over the XERO membership however you will need to upgrade our partner product to a XERO retail product as the non-GST cashbook product is only available through XERO partners. See pricing details at http://www.xero.com/au/pricing
4) You can advise REI to cancel your XERO membership. This will mean your XERO data will be deleted and you will no longer have access to it. Once cancelled the data cannot be recovered, so you should consider exporting the data before advising us to delete your XERO database.
Terms and Conditions for My Valuer and My Research tools (provided by Australian Property Monitors)
These terms and conditions (including the schedules) form part of the agreement entered into between you and Australian Property Monitors Pty Ltd (ABN 42 061 438 006) (APM) when you subscribe to My Valuer and access and use products or services on www.valuations.apm.com.au (Site).
You acknowledge that you have read, and agree to be bound by, the terms and conditions of third party licensors as set out in the following schedules:
Schedule 1 - Queensland Department of Natural Resources and Mines Standard Terms and Conditions
Schedule 2 - South Australian notice
Schedule 3 - Acxiom Australia Pty Ltd Sub-licensee Conditions of Use for Sentricx web service
Schedule 4 - State of Victoria (LANDATA) Conditions for Access and Use
Schedule 5 - Western Australian Land Authority (Landgate) terms
Schedule 6 - Google Maps
In addition to these terms and conditions, your use of My Valuer and the Site is subject to any other legal notices displayed on the Site from time to time and any other terms specified when you subscribe for, access or use any of the products or services available through the Site.
We reserve the right to withdraw or change our Site, products or services (including format, design, scope, etc) at any time. We will use our reasonable endeavours to give you advance notice of any material changes that we make to our Site, products or services. If we make material changes, you may terminate this Agreement by giving us written notice within 14 days of the change. Failure to terminate within this period will constitute acceptance of the change.
Subject to and in consideration of your payment of membership fees, we grant you a non-transferable, non-sublicensable, non-exclusive right and licence for your nominated users (who are allocated their own username and password by APM) (Users) to access My Valuer and to use the service on the terms of this Agreement.
You may use or refer to the information obtained through access to My Valuer for personal research purposes provided that:
1. unless expressly allowed under this Agreement, you do not use the information provided by our third party licensors for direct marketing purposes or for the compilation of mailing lists;
2. the information does not identify any particular property owner or person;
3. you comply with applicable privacy legislation, notify us of any privacy complaints made in connection with the information and comply with any reasonable directions from us or our licensors in relation to any privacy complaint;
4. you do not alter the format, meaning or substance of any information supplied; and
5. you do not change or delete any source attribution or copyright notice.
Neither you nor your Users may otherwise use the information obtained through access to My Valuer for the development, publication or commercial exploitation of a separate information product or service, whether or not distributed or marketed to your customers of your existing business or the general public.
My Valuer uses and features copyright material, trademarks and other proprietary information. You and your Users may not assert ownership of all or any part of any works or other subject matter accessed through the Site. Reproduction, downloading, redistribution or commercial exploitation of any material available through My Valuer other than as expressly allowed under this Agreement may infringe the intellectual property rights of APM or our licensors and accordingly is prohibited.
You agree that:
1. you will ensure your usernames and passwords for the Site are kept safe and confidential, and that you will be responsible for all activities via those usernames and passwords;
2. you will comply with all applicable laws and codes in relation to this Agreement;
3. you will bear the cost of any telecommunications or internet usage charges incurred as a result of using the Site.
We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) to us via the Site or by any other means.
Without limiting our other rights and remedies at law, in the event of non-payment or late payment, we may (at our discretion):
1. terminate this Agreement; and/or
2. charge you for any agency or legal fees associated with collection of overdue amounts.
You are liable for all taxes (inc. GST), duties or government charges payable in connection with this Agreement whether applying at the date of this Agreement or in the future.
Without limiting our other rights and remedies at law, we may terminate this Agreement immediately;
at any time and for any reason by giving you 28 days notice in writing;
1. if you breach this Agreement and fail to rectify that breach within 7 days notice;
2. if you are bankrupt, insolvent, enter into liquidation, administration or receivership, or a receiver or manager is appointed over any or all of your assets; or
3. if you die, your partnership is dissolved, or your company is deregistered (as applicable).
Your use of My Valuer and the Site is at your sole risk. To the extent permitted by law, we exclude all conditions and warranties relating to My Valuer and the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free, or as to the accuracy, reliability or suitability of any information accessible via the Site.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to: (a) in the case of services supplied or offered by us, the re-supply of those services or the payment of the cost of having those services re-supplied, and (b) in the case of goods supplied or offered by us, the replacement of the goods, the supply of equivalent goods or the payment of the cost of having the goods replaced.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (inc. loss of profits, goodwill, data or opportunity). For products or services supplied or offered by us, our liability to you will be limited to the amount(s) paid by you in respect of those products or services.
You agree to indemnify and hold us harmless against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of My Valuer or your use or conduct in connection with the Site or this Agreement, including any breach of this Agreement by you and any such use by, or conduct of, your Users.
You shall treat as confidential all information regarding our business or affairs that comes into your possession as a result of or in the performance of this Agreement. You must not disclose our confidential information to any third party without our written permission, unless required to do so by law.
We reserve the right to amend this Agreement (including the pricing) provided that we give you 28 days prior notice in writing, via email or on the Site. If you receive notice of any amendment(s) to this Agreement, you may terminate this Agreement by giving us written notice within 14 days of the amendment(s) taking effect. Failure to terminate within this period will constitute acceptance of the amendment(s).
You may not assign this Agreement without our prior written consent.
This Agreement, together with any terms and conditions it refers to, comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations. No delay or waiver by us in enforcing any provision of this Agreement will be deemed a waiver of our rights. If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the Agreement will not be affected.
These terms and conditions are governed by the laws in force in New South Wales and you submit to the non-exclusive jurisdiction of the courts in that State.
Agreement relating to the My Research tool (provided by Australian Property Monitors)
These terms and conditions (including the schedules) form part of the agreement entered into between you and Australian Property Monitors Pty Ltd (ABN 42 061 438 006) (APM) when you access and use products or services on APM and www.realestateinvestar.com.au, including when you agree to subscribe to My Research.
You acknowledge that you have read, and agree to be bound by, the terms and conditions of third party licensors as set out in the following schedules:
Schedule 1 - Queensland Department of Natural Resources and Mines Standard Terms and Conditions
Schedule 2 - South Australian notice
Schedule 3 - State of Victoria (LANDATA) Conditions for Access and Use
Schedule 4 - Google Maps
In addition to these terms and conditions, your use of My Research and the Site is subject to any other legal notices displayed on the Site from time to time and any other terms specified when you subscribe for, access or use any of the products or services available through the Site.
We reserve the right to withdraw or change our Site, products or services (including format, design, scope, etc) at any time. We will use our reasonable endeavours to give you advance notice of any material changes that we make to our Site, products or services. If we make material changes, you may terminate this Agreement by giving us written notice within 14 days of the change. Failure to terminate within this period will constitute acceptance of the change.
Subject to and in consideration of your provision of property sales data or payment of membership fees, we grant you a non-transferable, non-sublicensable, non-exclusive right and licence for your nominated employees, agents and contractors (Users) to access My Research and to use My Research on the terms of this Agreement.
You may use or refer to the information obtained through access to My Research for personal research purposes only:
1. unless expressly allowed under this Agreement, you do not use the information provided by our third party licensors for direct marketing purposes or for the compilation of mailing lists;
2. the information does not identify any particular property owner or person;
3. you comply with applicable privacy legislation, notify us of any privacy complaints made in connection with the information and comply with any reasonable directions from us or our licensors in relation to any privacy complaint;
4. you do not alter the format, meaning or substance of any information supplied; and
5. you do not change or delete any source attribution or copyright notice.
Neither you nor your Users may otherwise use the information obtained through access to My Research for the development, publication or commercial exploitation of a separate information product or service, whether or not distributed or marketed to your customers of your existing business or the general public.
My Research uses and features copyright material, trademarks and other proprietary information. You and your Users may not assert ownership of all or any part of any works or other subject matter accessed through the Site. Reproduction, downloading, redistribution or commercial exploitation of any material available through My Research other than as expressly allowed under this Agreement may infringe the intellectual property rights of APM or our licensors and accordingly is prohibited.
Your Users will only have access to the Site at your nominated service level and geographic areas defined by reference to postcodes, regions, local government areas or states. To change the geographic areas or Users, you must go to www.apmpropertydata.com.au/upsellpage.aspx and complete the steps specified or contact your APM Account Manager.
You agree that:
1. you will ensure your usernames and passwords for the Site are kept safe and confidential, and that you will be responsible for all activities via those usernames and passwords;
2. you will comply with all applicable laws and codes in relation to this Agreement;
3. you will bear the cost of any telecommunications or internet usage charges incurred as a result of using the Site.
We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) to us via the Site or by any other means.
Without limiting our other rights and remedies at law, in the event of non-payment or late payment, we may (at our discretion):
1. terminate this Agreement; and/or
2. charge you for any agency or legal fees associated with collection of overdue amounts.
3. You are liable for all taxes (inc. GST), duties or government charges payable in connection with this Agreement whether applying at the date of this Agreement or in the future.
4. Without limiting our other rights and remedies at law, we may terminate this Agreement immediately;
5. at any time and for any reason by giving you 28 days notice in writing;
6. if you breach this Agreement and fail to rectify that breach within 7 days notice;
7. if you are bankrupt, insolvent, enter into liquidation, administration or receivership, or a receiver or manager is appointed over any or all of your assets; or
8. if you die, your partnership is dissolved, or your company is deregistered (as applicable).
Your use of My Research and the Site is at your sole risk. To the extent permitted by law, we exclude all conditions and warranties relating to My Research and the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free, or as to the accuracy, reliability or suitability of any information accessible via the Site. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to: (a) in the case of services supplied or offered by us, the re-supply of those services or the payment of the cost of having those services re-supplied, and (b) in the case of goods supplied or offered by us, the replacement of the goods, the supply of equivalent goods or the payment of the cost of having the goods replaced.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (inc. loss of profits, goodwill, data or opportunity). For products or services supplied or offered by us, our liability to you will be limited to the amount(s) paid by you in respect of those products or services.
You agree to indemnify and hold us harmless against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of My Research or your use or conduct in connection with the Site or this Agreement, including any breach of this Agreement by you and any such use by, or conduct of, your Users.
You shall treat as confidential all information regarding our business or affairs that comes into your possession as a result of or in the performance of this Agreement. You must not disclose our confidential information to any third party without our written permission, unless required to do so by law.
We reserve the right to amend this Agreement (including the pricing) provided that we give you 28 days prior notice in writing, via email or on the Site. If you receive notice of any amendment(s) to this Agreement, you may terminate this Agreement by giving us written notice within 14 days of the amendment(s) taking effect. Failure to terminate within this period will constitute acceptance of the amendment(s).
You may not assign this Agreement without our prior written consent. This Agreement, together with any terms and conditions it refers to, co mprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations. No delay or waiver by us in enforcing any provision of this Agreement will be deemed a waiver of our rights. If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the Agreement will not be affected.
These terms and conditions are governed by the laws in force in New South Wales and you submit to the non-exclusive jurisdiction of the courts in that State.
___________________________________________________________________________
The Following schedules are separately attached to both the My Valuer Terms and Conditions and the My Research License agreement
Schedule 1 - Queensland Department of Natural Resources and Mines Standard Terms and Conditions
This Schedule 1 applies in respect of data supplied by the Queensland Department of Natural Resources and Mines
Definitions
Direct Marketing means one to one marketing, normally supported by a database, which uses one or more advertising media to affect a measurable response and/or transaction from a person and includes, but is not limited to, telemarketing, bulk email processing (spam), postal canvassing and list brokering.
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.
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 transaction into a different format is not Value Adding.
Hardcopy Product means any printed paper based (not in electronic form) Licensed Data Product.
Ownership
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).
Liability
I acknowledge that the State of Queensland (Department of Natural Resources and Mines) 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) 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.
Privacy
I agree that I will not use the Licensed Data or Licensed Data Products with the intention of encroaching upon the privacy of any individual or company or other organization 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.
Copyright and Disclaimer
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) [year of publication]
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 [Data type month/year.
All reproductions of the Licensed Data or Licensed Data Products must bear the following notice: The Department of Natural Resources and Mines makes no representations or warranties about accuracy, reliability, completeness or suitability of the data for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason.
Permitted Use Terms - End Users
I accept that use of Licensed Data Products by me is limited to my own personal use or for use in the ordinary course of my business. I will not on-sell or distribute Licensed Data Products for reward or otherwise to any other third party, nor will I product any products incorporating this data for commercial use or otherwise except for those Hardcopy Products I am allowed to give away free of any charges. The Hardcopy Products are to be distributed at no charge and cannot be amalgamated into or combined with other products and services for which a charge is levied or a fee paid. If I engage a consultant and provide Licensed Data Products to that Consultant I will ensure that the Consultant has entered into a signed written agreement with me incorporating the Standard Terms and the Permitted Use Terms - Consultants.
Permitted Use Terms - Consultants
I will not use the Licensed Data Products for any purposes whatsoever other than the specific consultancy project that they were provided for. I will not distribute any Licensed data products supplied to me to any third party with the exception of subcontractors, provided that my subcontractors sign a written agreement with me that includes the Standard Terms and Permitted Use Terms - Consultants. Upon expiration or earlier termination of my consultancy agreement I will return or destroy any copies of the Licensed Data or Licensed Data Products in my possession.
Schedule 2 - South Australia Notice
This Schedule 2 applies in respect of data supplied by the State of South Australia.
Warning
The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State of South Australia (the "State"). The information is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State.
The software by which the information is provided is not represented to be error free.
No responsibility is accepted by the State for any reliance placed by any person upon the information, or the software by which it is provided. Persons acquiring or using the information and its associated software must exercise their independent judgment in doing so.
Copyright
Copyright in the information remains with the Crown in right of the State of South Australia. The information is reproduced under licence from the Crown.
Privacy
The information contained in this dataset must not be used for the purpose of compiling contact lists, whether personalised or not.
Schedule 3 - Acxiom Australia Pty Ltd Sub Licensee Conditions of Use For Sentricx Web Service (Telephone Diretory Data)
This Schedule 3 applies in respect of the Sentricx web service. For the purposes of this schedule, Data means the Acxiom-produced consumer data or data elements maintained by Acxiom in a computerized database and you are the Sub-licensee.
The Sub-licensee's use of the Data is conditional upon the Sub--licensee complying with the following:
1. The Data will at all times remain the proprietary or copyrighted property of the owner of the Data (Data Supplier). The Sub-licensee has no proprietary rights in the Data.
2. The Sub-licensee agrees that it will:
a. comply with the laws of Australia (including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Privacy (Private Sector) Regulations 2001) and any other laws which apply in relation to collection, use, disclosure or storage of the Data;
b. hold the Data in strict confidence;
c. use the Data only in accordance with these conditions of use;
d. not sell, rent or otherwise provide the Data to any third party;
e. not copy or duplicate the Data other than as necessary for the purpose of merge/purge processing and to destroy the copies or duplicates made as a result of such processing immediately on the completion of such processing;
f. not sell, lease or otherwise provide the Data, any part of the Data or any file, direct marketing list, model, analysis, code, report or application which uses or is derived from the Data, to a third party;
g. not use, manipulate or modify the Data to create or facilitate the creation or use of a reverse telephone directory;
h. not extract or republish the Data;
i. not use the Data in any application involving the Internet or as part of a CD-ROM;
j. not remove any seeds contained in the Data;
k. not copy or duplicate the Data;
l. not remove any product identification, copyright or proprietary notice from the Data;
m. not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the technology or methodologies underlying the data in the Data, or instruct or allow anyone else to undertake such prohibited actions;
n. not include in any marketing material created from the Data a reference as to how the recipient was selected or how the recipient's name and address were obtained;
o. not use the Data to establish an individual's creditworthiness or eligibility for insurance or employment;
p. not use the Data (if the Data is a telephone number only) to verify the identity or address of an individual; and
q. not use the Data to advertise products or services that relate to sex, pornographic materials, illegal drugs, weapons or illegal or illicit activities.
3. All marketing communications used in connection with any marketing list created by the Sub-licensee derived solely from the Data must:
a. not include a reference as to how the recipient was selected or how the recipient's name and address were obtained;
b. prominently display a notice that the recipient may elect not to receive further direct marketing communications from the Sub-licensee;
c. set out the Sub-licensees business address and telephone number or a number or address at which the Sub-licensee can be contacted electronically if the marketing communication is made by electronic means; and
d. be in good taste in accordance with generally recognized standards or high integrity.
4. The Sub-licensee must respond to all consumer inquiries that the Sub-licensee receives arising out of the use of the Data. The Sub-licensee must not refer to the Data Supplier in any response unless the Sub-licensee has confirmed that the Data Supplier supplied the Data giving rise to the query. The Sub-licensee will suppress an individual's information on request by that individual so that the individual is removed from future marketing initiatives by the Sub-licensee. The Sub-licensee will notify the Data Supplier of the request and any other consumer inquiry that involves the accuracy of the Data.
5. If the Sub-licensee is provided with an update to the Data, the Sub-licensee must update the Data within 14 days or destroy the Data within 14 days in which case the Sub-licensee will be supplied with updated, replacement Data.
Schedule 4 - State of Victoria (Landata) Conditions of Access and Use
This Schedule 4 applies in respect of data (Property Sales Data) supplied by the State of Victoria (LANDATA) which is accessible when you subscribe to My Valuer. For the purposes of this schedule, you are the Customer.
1. The Customer may only download the Property Sales Data to one server and must not download to other media or servers except for backup or system integrity checks.
2. Without limitation, the Customer must in dealing with Property Sales Data: (a) comply with the requirements of the Valuation of Land Act 1960 (Vic) and act in good faith towards APM at all times.
3. The Customer must store all Property Sales Data in a secure environment and must hold it and deal with it on a confidential basis. It shall not allow the Property Sales Data (in whole or in part) to be disclosed to any other person except for employees or agents of the Customer to the extent necessary for the preparation of valuations. The Customer must ensure that any employee or agent who has access to any part of the Property Sales Data under this clause holds it and uses it on a confidential basis and subject to the obligations of the Customer under this agreement.
4. The Customer must not:
a. download the purchaser name or address or vendor name from any record;
b. use the Property Sales Data for the purposes of preparing mailing lists or to assist in direct marketing;
c. reproduce (except to the extent necessary for the provision of valuation advice), repackage or on-supply the Property Sales Data;
d. breach any of the conditions or purposes for the use of the Property Sales Data in this agreement;
e. distribute the Property Sales Data to third parties generally in any circumstances; or
f. breach the provisions of the Copyright Act 1968 (Cth),
In relation to access to and use of the Property Sales Data and must ensure that no other person breaches these above conditions (a) to (e).
5. The Customer must not download more of the Property Sales Data than a Rolling 2 Years of Data in respect of any municipality or locality to which it has subscribed. The Rolling 2 Years of Data shall be calculated as follows:
a. for any memberships the Customer had already established prior to 1 July 2005, access shall be available for download of the Property Sales Data within the scope of any subscribed municipality or locality, initially from the date of that membership and then it shall be continually adjusted by APM to ensure that a maximum period of 2 years of Property Sales Data only is currently available for download (i.e. a rolling period of 2 years); and
b. for any new membership, access shall be to a period of 2 years of Property Sales data for that municipality or locality subscribed to commencing, initially, from 2 months prior to the date of the membership and then continually adjusted by APM to ensure that a maximum period of 2 years of Property Sales Data only is currently available for download.
6. The Customer must take all reasonable steps to prevent any contravention of the requirements set out in this Schedule 4 and shall immediately prevent a person's access to the Property Sales Data upon becoming aware that the person has contravened such requirements.
7. The Customer shall provide APM with access to all Property Sales Data held by the Customer upon not less than 24 hours notice given by LANDATA.
8. The Customer is only authorized to have access to the data subscribed to and the data access shall not be shared with any other person or corporation, save for:
a. Appropriately qualified employees or agents of the Customer;
b. Clients of the Customer where necessarily part of a valuation report (but excluding details of any vendor or purchaser or the property number as part of the street address); and
c. (with general consent of LANDATA) companies, firms or persons carrying on business by way of a common franchise agreement or a similar common business structure.
9. The Customer acknowledges and agrees that upon termination or expiration of its licence agreement with APM or the termination of its rights of access to the Property Sales Data it shall immediately delete all Property Sales Data from its servers and destroy or return to APM (at the election of APM) all other forms (written, electronic or otherwise) of the Property Sales Data in the possession or control of the Customer and its employees and agents and provide a certificate by one of its Directors or Company Secretary (or by a partner or the proprietor as appropriate) verifying its deletion, destruction or return.
10. Any breach of the conditions of this Schedule 4 terminates the Customer's rights to use the Property Sales Data.
Schedule 5 - Western Australia Land Information Authority (Landgate) Terms
This Schedule 5 applies in respect of data (Land Information Product) supplied by the Western Australian Land Information Authority (Landgate) which is accessible when you subscribe to My Valuer.
1. You must not change the land co-ordinates or spatial integrity or referencing, of any Land Information Product.
2. You must not search My Valuer by any restriction imposed by Landgate for reasons relating to privacy legislation or an information suppression notice given to APM by Landgate.
3. You agree to be bound by and comply with obligations imposed by APM as required under its agreement with Landgate in relation to the ownership of, access to, use of and dealing with My Valuer.
4. You must comply with security obligations imposed by APM as required under its agreement with Landgate.
5. On receipt of a written notice given to you by APM in relation to the suppression of information, you must delete or amend the land record information that is the subject of the information suppression notice from all copies of My Valuer in your possession or under your control.
Schedule 6 - Google Maps
The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url:
http://www.google.com/intl/en_us/help/terms_maps.html.
