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Victorian Land Searches terms and conditions

Victorian Land Searches terms and conditions:

Schedule 7 - LANDATA® System access from Department of Environment, Land, Water and Planning 

Conditions for Customer Agreements and User Agreements

For the purposes of the following conditions, Customer refers to the person who has entered into a “Customer Agreement” with the Licensee in accordance with clause 12 of the Licence Agreement for access to the Licensed Material, and User refers to a person who has entered into a “User Agreement” with a Third Party in accordance with clause 12 of the Licence Agreement for access to the Licensed Material.

1. The Customer or User is prohibited from:
  (a) providing, on selling or distributing the Licensed Material in any format (including by way of online service) to any other party unless the Customer is also a Third Party, or the Licensed Material is provided for an Authorised Purpose;
  (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; and
  (e) using the information available from the Licensed Material for other than the Authorised Purposes.
2. The Customer or User must execute a deed in the form of Schedule 5 to the License Agreement before the Licensee or Third Party (as applicable) is permitted to provide the Customer or User with access to the Land Index.
3. The Customer or User will not copy or reproduce any information derived from the Land Index and will take all reasonable precautions to prevent its employees, agents, or contractors from accessing or copying the information so derived, unless:
  (a) a copy or reproduction is for an Authorised Purpose;
  (b) the State has approved in writing its copying or reproduction; or
  (c) all persons to which that part of the Land Index relates have given written consent to such copying or reproduction
4. The Customer or User acknowledges and agrees that:
  (a) copyright in all information from the Register is owned by the State or its Licensors. 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 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).
5. 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 certificate under the Licence Agreement.
6. The Customer or User consent to the collection and use of the information which is provided by the State through the LANDATA® System, which information is provided by the Customer or User when using the LANDATA® System. This information may be collected, used and disclosed by the State for all purposes associated with the use and operation of LANDATA®, the LANDATA® System and all related administration and operations of the State.
7. The Customer or User must maintain a record of all persons who are given access to the Licensed Material throughout the terms of its agreement with the Licensee or Third Party (as applicable) and for not less than 7 years from the date of termination or expiration of the agreement, except where the Customer or User is an Australian legal practitioner within the meaning of the Legal Profession Uniform Law, the Customer or User must maintain the record in accordance with the Legal Profession Uniform Law. The Customer or Uer is not required to maintain records of persons who are given access to the Licensed Material where such access is limited to Licensed Material reproduced in a vendor statement received by that person (and which vendor statement was produced and disclosed in accordance with Law).
8. The Customer or User may only use the data stored for the purposes of the Enquiry for which it was originally made, or for an Authorised Purpose.

Where a Customer is also a Third Party, the following additional conditions apply

9. The Customer 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.
10. The Customer must ensure that all of its employees, agents and contractors who have access to the Licensed Material execute a deed in the form of Schedule 6 to the Licence Agreement. The Customer must maintain such executed deeds until at least 7 years after termination or expiration of the Licence Agreement. The Customer must provide the signed copies of the deeds to the Licensee or the State (as the case may be) when and as requested by the Licensee or the State.
11. 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.
12. The Customer is prohibited from assigning its right to on sell or distribute (other than distribution for an Authorised Purpose) the Licensed Material or assigning its right to provide the information by way of online connection in any way.
13. The Customer undertakes to only provide access to the Licensed Material to Users who have a current User Agreement with the Customer, and must not provide access to an Ad-Hoc Customer.
14. The Customer must ensure that the User Agreement is in a written form and contains the conditions set out in Items 1 to 8 and Item 22 of this Schedule.
15. The Customer and any Users may only obtain access to the Licensed Material through the Licensee’s server and electronic service.
16. 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 State 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 6(d) of Schedule 1 of the Licence Agreement.
17. The Customer agrees that the State may have access to the Licensed Material through the Customer’s electronic service without any fee being payable by the State for such access.
18. The Customer is licensed to access the LANDATA® System in order to make the LANDATA® System available to its Users for online searches. The Customer must not use the Licensed Material to prepare, update or verify mailing lists, list brokering or to assist in direct marketing or promotions.
19. The Customer must not provide access to the Land Index to any person who has not executed a deed in the form of Schedule 5 of the Licence Agreement 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 must immediately prevent that User’s access to the Land Index.  The Customer must maintain such executed deeds until at least 7 years after termination or expiration of the Licence Agreement. The Customer must provide the signed copy of the deeds to the Licensee or the State upon and as requested by the Licensee or the State.
20. 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 such records to the Licensee or the State upon and as requested by the Licensee or the State and within a reasonable time of a request being made. Such records shall be maintained until at least 7 years after termination or expiration of the Licence Agreement.
21. 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.

  (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:
   

This publication is protected by copyright. The State of Victoria and each of its licensors (as applicable) respectively owns its copyright in its publication. 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.

22. The Customer is not authorised to provide the Licensed Material to an Ad-hoc Customer.

Definitions and Interpretation

23. 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" for the purposes of the Licence Agreement;
  Authorised Purposes means:
  (a) dealings with interests in land authorised by Law;
  (b) a purpose directly related to such dealing (such as preparing and providing vendor statements as required by Law) 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, data analysis or data mining (whether through manual analysis or automated “big-data” type analysis), direct marketing, compilation, updating or verification of mailing lists, list brokering of the Licensed Material or any related purpose except to the extent that such activity is required by law (including any obligation under a court order).
  Crown Land 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;
  Land Index means the electronic cross reference table listing registered proprietors, title particulars, parcel and property identifiers of properties located in the State of Victoria maintained by the State;
  LANDATA® System means the computerised system operated by or on behalf of or under licence from the State, and 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;
  Licence Agreement means the LANDATA® Licensing Agreement for Titles and Property Certificate Information between the Licensee and the State;
  Licensee means the licensee to the Licence Agreement;
  Licensed Material means the material identified in Schedule 1 of the Licence 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 12.1 of the Licence Agreement to have access to and to re-supply access to the LANDATA® System to Users;
  User Agreement means an agreement between a Third Party and a User entered into in accordance with clause 12 of the Licence Agreement under which the User is granted access to the LANDATA® System by the Third Party.