Victorian Land Searches terms and conditions
Victorian Land Searches terms and conditions:
Schedule 4 - Open Network Conditions
| 1. | The User may access the Landata System solely for the purposes of land transactions under the Transfer of Land Act. |
| 2. | Access to the Landata System and data is NOT to enable the User to: |
| (a) reproduce, repackage or on-supply the Licensed Material; | |
| (b) breach any of the licence conditions under which access is originally granted by the State of Victoria; | |
| (c) distribute the data to other persons generally in any circumstances; or | |
| (d) breach the provisions of the Copyright Act 1968; | |
| provided that the data may be reproduced as necessary for the purposes of the preparation and completion of an individual land transaction under the Transfer of Land Act. | |
| 3. | Copyright in all information from the Register of Land is owned by the State of Victoria. No part of the data supplied may be reproduced by any process except in accordance with the provisions of the Copyright Act, pursuant to a written agreement or as necessary for the processing of individual transactions relating to land under the Transfer of Land Act 1958. |
| 4. | The State of Victoria does not warrant the accuracy or completeness of information in the Land Index, Titles Tracking (except Final Search) and Property Enquiry Data and any person using or relying upon such information does so on the basis that the State of Victoria shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information. |
| 5. | The information from the Register of Land is valid at the time and in the form obtained from the Landata system only. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information from the Register of Land. The State of Victoria accepts no responsibility for information or data other than that which is a part of the Register of Land. |
| 6. | In accessing the data the User accepts these conditions. |
Schedule 8 - LANDATA® System access from Land Victoria
Conditions for Customer Agreements and User Agreements
| 1. | The Customer or User is prohibited from: |
| (a) providing the Licensed Material by way of online connection to any other party unless the Customer is also a Third Party; | |
| (b) altering the format, meaning or substance of the Licensed Material; | |
| (c) 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; | |
| (d) 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; | |
| (e) on selling or distributing the Licensed Material in any format unless the Customer is also a Third Party; and | |
| (f) using the information available from the Licensed Material for other than the Authorised Purposes. | |
| 2. | The Licensee (and a Third Party where appropriate) shall not provide access to the Land Index unless the Customer or User has executed a deed in the form of Schedule 5 or Schedule 6 (whichever applicable) to the Agreement. |
| 3. | The Customer or User acknowledges and agrees that: |
| (a) 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); | |
| (b) 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 | |
| (c) 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). | |
| 4. | The Customer or User acknowledges that where a Customer or User has access to Property Enquiry Data, the Customer or 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 Customer or User supplies: |
| (a) there is an error in the Register search statement or property certificate sent to the Customer or User; or | |
| (b) the wrong Register search statement or property certificate is sent to the Customer or User, | |
| the Licensee is still responsible for the payment of the fees and charges for such data under the terms of the agreement between the Licensee and the Licensor. | |
| 5. | The Customer or User consent to the collection and use of the information which is provided by the Customer or 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 the Licensor. |
| 6. | The Customer or User must maintain a record of all persons who are given access to the Licensed Material. |
| 7. | The Customer or 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 Customer or User may only use the data stored for the purposes of the Enquiry for which it was originally made. |
| Where a Customer is also a Third Party, the following additional conditions apply | |
| 8. | The Customer must ensure that all of its employees, contractors and agents who have access to the LANDATA® System shall, where such access includes access to the Licensed Material, execute a deed in the form of Schedule 7 to the Agreement. The Customer must maintain such executed deeds throughout the Term and for a period of not less than 7 years after termination or expiration of the Agreement. The Customer must provide the original or a copy (certified or otherwise as required) of the deeds to the Licensee or Licensor (as the case may be) when and as requested by the Licensee or Licensor. |
| 9. | The Customer must ensure the service provided by the Customer is consistent with the service provided by the Licensee in all ways including but not limited to the content and the format of the Licensed Material. |
| 10. | The Customer is prohibited from assigning its right to on sell and distribute the Licensed Material or assigning its right to provide the information by way of online connection in any way. |
| 11. | The Customer undertakes to only provide access to the Licensed Material to Users who have a current User Agreement with the Customer. |
| 12. | The Customer must ensure that the User Agreement is in a written form and contains the conditions set out in Items 1 to 8 of this Schedule. |
| 13. | The Customer and any Users may only obtain access to the Licensed Material through the Licensee’s server. |
| 14. | The Customer must ensure that any product or service provided by the Customer using the Licensed Material includes a clear and prominent notice stating that the Licensee, not the Customer, has entered into a licensing agreement with the Licensor to use the Licensed Material and any Licensed Material provided to the User is sourced from the Licensee’s server, as set out in Item 8(d) of Schedule 1 of the Agreement. |
| 15. | The Customer agrees that the Licensor may have access to the Licensed Material via the Customer’s Electronic Service without any fee being payable by the Licensor for such access. |
| 16. | The Customer is licensed to access the LANDATA® System in order to make the LANDATA® System available to its Users for online searches. Without limiting the general obligations on the Customer, it is a condition of this Customer Agreement that the Customer shall not use the Licensed Material to prepare mailing lists, list brokering or to assist in direct marketing or promotions. |
| 17. | The Customer shall not provide access to the Land Index to any person who has not executed a deed in the form of Schedule 6 and upon becoming aware that a User who, having executed the deed, has used Land Index information for other than the Authorised Purpose the Customer shall immediately prevent that User’s access to the Land Index. The Customer must maintain such executed deeds throughout the term of its agreement with the Licensee and for a period of not less than 7 years after termination or expiration of the Agreement between the Licensee and the Licensor. The Customer must provide the original or a copy (certified or otherwise as required) of the deeds to the Licensee or Licensor upon and as requested by the Licensee or Licensor. |
| 18. | The Customer shall establish and maintain a record of all persons who are given access to the Licensed Material. The system must have a user identification code or password with an appropriate audit trail to show details of all instances of access to the Licensed Material, the User who gained that access and the person on whose behalf that access was sought. The Customer must provide the original or a copy (certified or otherwise as required) of such records to the Licensee or Licensor upon and as requested by the Licensee or Licensor and within a reasonable time of a request being made. Such records shall be maintained for a period of not less than 7 years after termination or expiration of the Agreement between the Licensee and the Licensor. |
| 19. | The Customer must ensure that the text below is included as appropriate in any Licensed Material provided to Users: |
| (a) Where the Land Index, dealing enquiry, pre-lodgement check, issue search, cancelled title searches, Crown Land Status Information, Property Transaction Alert Service notices or other information is made available by the LANDATA® System other than Title Search Data the following shall be included prominently at or near the commencement of the display of the information: | |
| © State of Victoria. This publication is copyright and includes confidential information. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) or pursuant to a written agreement. The State of Victoria does not warrant the accuracy or completeness of information in this publication and any person using or relying upon such information does so on the basis that the State of Victoria shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information. |
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| (b) Where Title Search Data is made available the following shall be included prominently at or near the commencement of the display of the information: | |
| © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA®System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. | |
| (c) Where survey report information is made available the following shall be included prominently at or near the commencement of the display of this information: | |
| The State of Victoria does not warrant the accuracy or completeness of information in this publication and any person using or relying upon such information does so on the basis that the State of Victoria shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information. | |
| 20. | The Customer is not authorised to provide the Licensed Material to an Ad-hoc Customer. |
| Definitions and Interpretation | |
| 21. | This Customer Agreement or User Agreement must be read in conjunction with the Agreement between the Licensee and the State and the following definitions shall apply: |
| Ad-hoc Customer means a person who requests Licensed Material from the Licensee by way of telephone, mail, facsimile, email or via the Internet and who is not a Customer; | |
| Agreement means the LANDATA® Licensing Agreement between the Licensee and the State; | |
| Authorised Purposes means: | |
| (a) dealings with interests in land authorised by Law; | |
| (b) a purpose directly related to such dealing provided that the purpose is not contrary to any Law; or | |
| (c) 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: | |
| (d) 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). | |
| 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; | |
| Customer means the person so identified for the purposes of this Customer Agreement and, as appropriate, includes a Third Party, who has entered into a Customer Agreement for access to the Licensed Material in accordance with the Agreement, but does not include an Ad-hoc Customer; | |
| Customer Agreement means this agreement and where appropriate includes an agreement between the Licensee and another Customer; | |
| Customer’s Electronic Service means a service provided by Internet connection or otherwise available by way of access to a computerised service; | |
| Land Index means the electronic cross reference table listing registered proprietors, title particulars, parcel and property identifiers available as part of the LANDATA® System; | |
| LANDATA® System means the computerised system, including the Shell, as varied from time to time which currently provides access to the Licensed Material; | |
| 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; | |
| Licensee means the Licensee to the Agreement; | |
| Licensed Material means the material identified in Schedule 1 of the Agreement and any update or new release of that material; | |
| Property Enquiry Data means details obtained from various statutory bodies relating to a property in Victoria but excluding Title Search Data; | |
| Property Transaction Alert Service means the service of providing alerts relating to property transactions including: | |
| (a) for specified folios of the Register – notice of lodgement of dealing(s); | |
| (b) for specified unregistered plans of subdivision – notice of the lodgement of the plan or other dealing(s) affecting the plan; and | |
| (c) 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. | |
| Register has the same meaning as is in section 4 of the Transfer of Land Act 1958 (Vic); | |
| State means the Crown in right of the State of Victoria; | |
| Title Search Data means information consisting of the details of the Register including title particulars, final search, historical search, plans and lodged instruments; | |
| Third Party means a Customer who has entered into an agreement with the Licensee in accordance with clause 16.1 of the Agreement to have access to and to re-supply the LANDATA® System to Users; | |
| User means a person who has entered into a User Agreement with a Third Party for access to the LANDATA® System; and | |
| User Agreement means an agreement a Third Party enters into with a User in accordance with clause 16.3 of the Agreement. | |
