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Queensland Land Searches standard terms

Standard Terms

Definitions

  • Direct Marketing means one to one marketing using personal details (eg name, address, email address or other Personal Information), normally supported by a database/resource, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.
  • Information Product means a product supplied through online access search types (e.g. Title Search).
  • Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

Ownership

  • I acknowledge that I have no rights of ownership in the Information Products and all Intellectual Property Rights including copyright in the Information Products that the State of Queensland (Department of Natural Resources, Mines and Energy) or the copyright owner has are retained by the State of Queensland (Department of Natural Resources, Mines and Energy) or the copyright owner.

Liability

  • I acknowledge that, except for the section Statutory Compensation below, the State of Queensland through the Department of Natural Resources, Mines and Energy does not guarantee the accuracy or completeness of the Information Products, and does not make any warranty about the Information Products.
  • I agree that, except for the section Statutory Compensation below, the State of Queensland (Department of Natural Resources, Mines and Energy) is not under any liability to me for any loss or damage (including consequential loss or damage) arising out of or in connection with my use of the Information Products.

Statutory Compensation

  • The provisions of the Liability paragraphs above are subject to the proviso that the State of Queensland through the Department of Natural Resources, Mines and Energy will be liable to compensate me in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Title Act (as amended) if I suffer deprivation of a lot, interest in a lot or loss or damage in accordance with the Land Title Act. Where I am entitled to compensation against the State of Queensland through the Department of Natural Resources, Mines and Energy pursuant to the above-mentioned provisions of the Land Title Act, I agree that I will seek compensation in accordance with the provisions of the Land Title Act.

Privacy

  • I agree that I will not use, other than for the purpose for which the Information Products are provided under this agreement, or disclose to any other person, any Personal Information contained in the Information Products.
  • I agree that I will not use the Information Products for Direct Marketing.

Permitted Use

I accept that that use of the Information Products by me will be limited to my own personal use or for use in the ordinary course of my business. I will not on-sell or distribute the Information Products to any other third party, nor will I produce any products incorporating the Information Product except with the prior written approval of the State of Queensland (Department of Natural Resources, Mines and Energy).

General Conditions

This agreement will be governed by and construed in accordance with the law of the State of Queensland, Australia.