LEGAL NOTICE


NOTICE TO ALL USERS: Carefully read the following Licence Agreement with Australian Property Monitors Pty Ltd and Online Legal Notices to use this website and any of the products available from this website (Home Price Guides).

This site and the Home Price Guides are published and compiled by Australian Property Monitors Pty Ltd. The publisher relies on the information supplied by a number of external sources:

Department of Lands NSW
State of Victoria
The State of Queensland (Department of Environment and Resource Management)
Government of the State of South Australia
Crown in Right of Tasmania
Australian Capital Territory
Northern Territory
Western Australian Land Information Authority, trading as Landgate
Google, Inc.

HOME PRICE GUIDE LICENCE AGREEMENT


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 www.homepriceguide.com.au (Site), including when you purchase or subscribe to any products or services available from the Site (Home Price Guides).

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 - Western Australian Land Authority (Landgate) terms

Schedule 5 - Google Maps

In addition to these terms and conditions, your use of any Home Price Guide and the Site is subject to any other legal notices displayed in the Home Price Guides or on the Site from time to time and any other terms specified when you access or use any of the products or services available through the Site.

If your Home Price Guide is a subscription product, your subscription term commences on the invoice date and will be for an initial period of 3 months. Unless terminated, your subscription term will continue on a rolling monthly basis thereafter. Not less than 7 days prior to the expiry of your current subscription term, we will send you a reminder notice that your subscription is due to expire and will be automatically renewed unless you tell us otherwise. If you do not wish to renew your subscription, you must notify us before the expiry of your current subscription term to ensure it is terminated. If you do not notify us, your subscription will be renewed for a further one month period and the subscription fee will be automatically debited from your nominated credit card 5 days prior to the beginning of the new term.

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 the applicable fees, we grant you a non-transferable, non-sublicensable, non-exclusive right and licence to access and use the applicable Home Price Guide on the terms of this Agreement.

You may use or refer to the information obtained through access to a Home Price Guide only for your own personal use or for internal business purposes and in the course of providing ordinary services to your customers, provided that:

  1. 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 you use 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.

You may not use the information obtained through access to a Home Price Guide for the development, publication or commercial exploitation of a separate information product or service.

Home Price Guides use and features copyright material, trademarks and other proprietary information. You may not assert ownership of all or any part of any works or other subject matter accessed through the Site, including any Home Price Guide. Reproduction, downloading, redistribution or commercial exploitation of any material available through any Home Price Guide 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 keep your username and password for the Site safe and confidential and that you will be responsible for all activities via the username and password;
  2. will comply with all applicable laws and codes in relation to this Agreement; and
  3. will bear the cost of any telecommunications or internet usage charges incurred as a result of using the Site.

Fees are payable in advance. Without limiting our other rights and remedies at law, if a credit card transaction is invalid we may terminate this Agreement and your access to the Site and/or the relevant Home Price Guide. 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.

Home Price Guide subscription products are only available through online credit card payments and, when you subscribe, your credit card details will be stored to allow automatic renewals. For other Home Price Guide products, when you make a credit card payment, you may be given the option to store your credit card details to make future payments for Home Price Guides. You can untick the option if you do not wish to use this feature. You can remove or change your credit card details at any time by contacting APM Customer Service on 1 800 817 616 or emailing enquiries@apm.com.au.

19 SMS HPG is a Premium Rate SMS service and costs $6.60 (incl GST) per address enquiry. If you are asked to reply to a secondary SMS (in response to your initial enquiry), such as to clarify an address, you will be charged at your standard SMS rate (that is, the non-premium rate). You will be billed by your mobile phone company. Due to the nature of the Premium SMS system operated by our Premium Rate SMS service provider and the telecommunications providers, the payment is charged to your mobile phone bill at the time you send the SMS enquiry, not when you receive the Home Price Guide.

Without limiting our other rights and remedies at law, we may terminate this Agreement immediately;

  1. at any time and for any reason by giving you 28 days notice in writing;
  2. if you breach this Agreement and fail to rectify that breach within 7 days notice;
  3. 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
  4. if you die, your partnership is dissolved, or your company is deregistered (as applicable).

Your use of any Home Price Guide and the Site is at your sole risk. To the extent permitted by law, we exclude all conditions and warranties relating to Home Price Guides 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 (including 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 Home Price Guides or your use or conduct in connection with the Site or this Agreement, including any breach of this Agreement by you.

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.

___________________________________________________________________________

SCHEDULE 1 - QUEENSLAND DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT STANDARD TERMS AND CONDITIONS


This Schedule 1 applies in respect of data supplied by the Queensland Department of Environment and Resource Management.


Definitions

  • 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 advertising media to effect 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 Environment and Resource Management) and has been licensed to APM under an agreement.
  • Licensed Data Product(s) means any Value Added product derived from or based on the Licensed Data.
  • Privacy Laws means any legislation (or mandatory government policy, where applicable) enacted by Federal or State agencies in relation to privacy and includes the Privacy Act 1988 (Cth) and Information Privacy Act 2009 (Qld).
  • Value Add/Added/Adding means any repackaging which irreversibly changes the form of the Licensed Data or any augmenting or incorporation of the Licensed Data with other data. Conversion onto a different media or the translation into a different format (eg. changing colour and formatting) of the Licensed Data is not Value Adding.


Permitted Use

I agree that my rights to distribute and/or Value Add the Licensed Data Product(s) expire on [31 October 2014]. After that date I may still use Licensed Data Product(s) for my own purposes but I must not distribute or create Licensed Data Product(s) by Value Adding.

I agree that I will not use the Licensed Data Product(s) with the intention of encroaching upon the privacy of an individual or for Direct Marketing and I will comply with the Privacy Laws.

If I distribute and/or Value Add Licensed Data Product(s) I will do all of the following:

Show this acknowledgement: on all LicensedDataProduct(s) except those sent by SMS: Based on or contains data provided by the State of Queensland (Department of Natural Resources and Mines) [2013]. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Show this acknowledgement on Licensed Data Product(s) sent by SMS: Subject to disclaimer at www.homepgriceguide.com.au/conditions.aspx And the website www.homepgriceguide.com.au/conditions.aspx will show the following notice Based on or contains data provided by the State of Queensland (Department of Natural Resources and Mines) [2013]. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Include metadata with the Licensed Data Product(s) and the metadata will incorporate as a minimum the metadata supplied with the Licensed Data Product(s).

If I allow my customer to further distribute and/or Value Add the Licence Data Product I will require a licence agreement to be entered into between myself and my customer that includes the terms in this agreement (the Licensed Data Product Terms) and the same expiry date for distribution and/or Value Adding of Licensed Data Product(s). The agreement with my customer will either be in writing and signed or, if in electronic form, have an "I agree" (or similar wording to the same effect) button that must be clicked.

I agree that further distribution or Value Adding is not permitted for Licensed Data Product(s) distributed by SMS.



SCHEDULE 2 - SOUTH AUSTRALIAN 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 – STATE OF VICTORIA (LANDATA) CONDITIONS OF ACCESS AND USE


This Schedule 3 applies in respect of data (‘Property Sales Data’) supplied by the State of Victoria (LANDATA) which is accessible when you subscribe to APM Property Data. For the purposes of this schedule, ‘you are the ‘Customer’.

Terms of use for all Customers

  1. Customers must not use the Licensed Material to:

    1. prepare mailing lists or to assist in direct marketing;
    2. subject to clause (h)) reproduce, repackage or on-supply the Licensed Material;
    3. breach the provisions of the Copyright Act 1968 (Cth) in relation to access to and use of the Licensed Material; and
    4. must ensure that no other person breaches the above conditions.
  2. Customers must not, access or Use the Licensed Material for marketing or promotional purposes, including compilation or validation of mailing lists, list brokering, data mining or contacting vendors or purchasers. This includes, without limitation, use of or access to the Licensed Material for the creation or validation of marketing or mailing lists or data matching. The Customer must not cause or allow the presentation of the Licensed Material to be linked to other information (by way of reference to a website or otherwise) that may infer in any way that the data may be used or available for marketing or promotional purposes. For the avoidance of doubt, this clause (b) does not prevent the Licensed Material being used for the purpose of general research of the property market.

  3. The Customer acknowledges that if it contravenes any of the requirements of the Customer Agreement or this Agreement its access to the Licensed Material may be terminated immediately.

  4. Upon the expiration or termination of the Agreement or a Customer Agreement, the Customer must immediately delete all Licensed Material from its servers and destroy or return to the Licensee or Licensor (at the election of the Licensor) all other forms (written, electronic or otherwise) of the Licensed Material in the possession or control of the Customer and its employees and agents and provide to the Licensee 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.

  5. Before being granted access to the Property Sales Data, a Customer must execute a Customer Agreement.

  6. If a Customer is able to access vendor and purchaser names in accordance with the terms of this Agreement, the Customer must execute a Deed prior to being given access to such details.

  7. A User may only access or Use the Licensed Material for their own personal use and must not distribute any of the Licensed Material to any third party without the prior written permission from the Licensor.

  8. Notwithstanding clause Item 1(a)(ii), a Valuer, Government Agency or Licensed Real Estate Agent is only authorised to access the data for that customer class as detailed in Item 5 of Schedule 1 and the data accessed shall not be shared with any other person or corporation, save for:

    1. any employee or agent who executes a Confidentiality Deed; and

    2. clients of the Valuer or Licensed Real Estate Agent:

      1. where the client has commissioned the Valuer or Licensed Real Estate Agent to carry out a valuation of real estate or engaged the Valuer or Licensed Real Estate Agent to sell real estate on behalf of the client, such that the Valuer or Licensed Real Estate Agent is required to prepare an estimated selling price of the real estate in accordance with the legislative requirements of a state or territory;

      2. only to the extent necessary that the data be included in the valuation or estimate report prepared for the client; and

      3. in any case, details of any vendor or purchaser contained in the data must not be disclosed to the client; and

      4. with the Licensor’s prior written consent companies, firms or persons carrying on business by way of a common franchise agreement or a similar common business structure; and
    3. as permitted by law.

    SCHEDULE 4 - WESTERN AUSTRALIAN LAND INFORMATION AUTHORITY (LANDGATE) TERMS


    This Schedule 4 applies in respect of data ('Land Information Product') supplied by the Western Australian Land Information Authority (Landgate) which is accessible when you use Home Price Guide.

    1. You must not change the land co-ordinates or spatial integrity or referencing, of any Land Information Product.
    2. You must not search Home Price Guide 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 Home Price Guide.
    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 Home Price Guide in your possession or under your control.



    SCHEDULE 5 - 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.

    ONLINE LEGAL NOTICES


    Department of Lands NSW

    Contains property sales information provided under licence from the Department of Lands NSW. Australian Property Monitors Pty Ltd is authorised as a Sales Information Provider by the Department of Lands.


    State of Victoria

    The State of Victoria owns the copyright in the Property Sales Data and reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the Property Sales Data and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.


    State of Queensland

    Based on or contains data provided by the State of Queensland (Department of Natural Resources and Mines) [2013]. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.


    Government of 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 South Australia (the 'State'). The information is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State. The software by which the information is provided is not represented to be error free. No responsibility is accepted by the State for any reliance placed by any person upon the information, or the software by which it is provided. Persons acquiring or using the information and its associated software must exercise their independent judgement in doing so.


    Copyright

    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 purposes of compiling contact lists, whether personalised or not.


    Crown in Right of Tasmania

    This product incorporates data that is copyright owned by the Crown in Right of Tasmania. The data has been used in the product with the permission of the Crown in Right of Tasmania. The Crown in Right of Tasmania and its employee and agents:

    (a) give no warranty regarding the data's accuracy, completeness, currency or suitability for any particular purpose; and

    (b) do not accept liability howsoever arising including but not limited to negligence for any loss resulting from the use of or reliance upon the data.


    Australian Capital Territory

    The Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior permission. Enquiries should be directed to: The Executive Director, ACT Planning and Land Management, GPO Box 1908, Canberra, ACT 2601.


    Northern Territory

    Copyright in the underlying data for the Northern Territory is owned by the Northern Territory of Australia represented by the Department of Infrastructure, Planning and Environment for which no responsibility is accepted.


    Western Australian Land Information Authority (Landgate)

    ©Western Australian Land Information Authority (2013) trading as Landgate. Based on information provided by and with the permission of the Western Australian Land Information Authority (2013) trading as Landgate.

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