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Terms and conditions of use - WA Lands

Standard Terms & Conditions of Use, Landgate (WA Lands)

Definitions

  • Broker means CITEC Confirm.
  • Direct Marketing means any activity which makes it possible to offer goods or services or to transmit other messages to a person, organisation or segment of the population by post, telephone or other direct means (electronic or otherwise) aimed at informing or soliciting a response from the person, organisation or segment of the population as well as any service ancillary to the same.
  • End User means the Broker’s customer utilising CITEC Confirm to secure Landgate Title Product.
  • Information Suppression Application means an application made to Landgate by a person for suppression of specified information about that person or another person, from all Landgate name indices, for reasons of personal safety and security.
  •   Information Suppression Notice means a written notice given to the Broker by Landgate under the Landgate Title Products Broker Agreement
  •   Privacy Legislation means the Privacy Act 1988 (Cth) and any State privacy legislation which may be enacted.
  • Title Product is the generic term used to describe:
    • any of the individual products including Certificates of Title; Check searches; Survey documents; and TLA documents; or
    • any of the other products described in the Regulations, which Landgate may make available through the Web Service from time to time.
  • TLA means the Transfer of Land Act 1893 (WA).

Ownership

  • The End User acknowledges that it has no rights of ownership in the Title Products and all Intellectual Property Rights including copyright in the Title Products; any data derived from the Title Products; and any documentation provided by Landgate are the property of either Landgate or the State of Western Australia.

Intellectual Property

  • The End User acknowledges and agrees that all Intellectual Property Rights in:

(a)     the Title Products;

(b)     any data derived from the Title Products; and

(c)     any documentation provided by Landgate to the Broker for the purposes of these Standard Terms and Conditions remain the property of either Landgate or the State of Western Australia.

  • The End User will only acquire the right to use the Title Products in accordance with these Standard Terms and Conditions. The End User will not acquire any rights of ownership in the Title Products.
  • To the extent permitted by law, the End User agrees to promptly report to the Broker any known infringement of the Intellectual Property Rights.

Liability 

  • The End User acknowledges that Landgate and the Broker do not guarantee the accuracy or completeness of the Title Products, and do not make any warranty about the Title Products.

  • The End User agrees that Landgate and the Broker will not be liable (for any reason) to the End User for any loss or damage (including consequential loss or damage) from the End User’s use of the Title Products.

Privacy

  • The End User agrees to:

(a)     comply with the requirements of the Privacy Legislation, particularly in relation to its handling of personal information, as defined in the same, including the collection,, use, disclosure and security of such information, whether or not the End User is required by law to comply with the Privacy Legislation; and

(b)     comply with any other reasonable direction relating to privacy given by Landgate or the Broker, including those relating to Landgate’s or the Broker’s own privacy policies and procedures; and

(c)     not to do anything which if done by Landgate or the Broker would be a breach of the Privacy Legislation.

  • The End User agrees that it will not use any Title Product for the purpose of Direct Marketing of goods or services.
  • The End User agrees that it will not release the Title Products to any third party where that party intends to use those Title Products for the purpose of Direct Marketing of goods or services.
  • These Privacy provisions will survive termination of any agreement to supply between the End User, Landgate and the Broker.

Information Suppression Notice

  • Landgate may at any time give the Broker an Information Suppression Notice.
  • An Information Suppression Notice will be in writing and contain the Title Products to be deleted or amended.
  • If the Broker is able to search the Broker’s system by a land owner’s name, then within 5 Business Days of receiving an Information Suppression Notice, the Broker must delete any Title Products containing the Suppressed Information, which are in the Broker’s possession or under its control, including any Title Products stored for backup purposes.
  • In consequence of any Information Suppression Notice issued by Landgate on the Broker, the End User will be required to comply with the same requirements.

Permitted Use

  • The End User accepts that use of the Title Products will be limited to it’s:

(a)     own business or internal purposes; or

(b)     own client or customers, where those clients will be the final recipient of the Title Products concerned and they will only use the Title Products concerned in relation to the singular purpose or transaction for which they were acquired.

  • The End User accepts that the Title Products will only be used for lawful purposes and in ways that are consistent with these Standard Terms and Conditions, the TLA and the Land Information Authority Act 2006.
  • The End User agrees that it is prohibited from:

a)       Reproducing, supplying, on-selling, sub-licensing, disclosing or otherwise providing Title Products in any form to any other person;

b)       Altering the format, meaning or substance of any Title Products supplied;

c)       Displaying, distributing, selling, licensing, hiring, letting, trading or exposing the Title Products for sale;

d)       Searching the Title Products by any restriction imposed by Landgate for reasons relating to the Privacy Legislation or an Information Suppression Notice.

Copying and Storage of Title Products

  • The End User will not store all or any part of a Title Product on any computer or retrieval system for a period in excess of 30 days from the day on which it was requested.
  • The End User agrees that Title Products must not be transmitted to any other End User or used for any other purpose other than provided under these Standard Terms and Conditions.

Audit

  • The End User agrees that Landgate or the Broker (at Landgate’s direction) may inspect and audit the security and access procedures of the End User. Landgate or the Broker will provide reasonable notice prior to any audit progressing.

Retention, Title and Use

  • The Title Products remain the sole and absolute property of Landgate and the Broker until all money due is paid by the End User. Title Products will however, be at the End User’s risk from the time of delivery and receipt by the End User.
  • The End User is not to alter the format, meaning or substance of any Title Products.

Variation

  • These Standard Terms and Conditions may be altered or varied at any time.