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CITEC Confirm Terms and Conditions of Use

This version (1.1.23) of the CITEC Confirm Terms and Conditions of Use is valid as at 3 December 2015. This version replaces and takes precedence over the prior version (1.1.22) valid as at 31 October 2015.

Victorian Land Searches and Victorian Conveyancing are restricted to organisations that have signed the current CITEC Confirm Customer Agreement.

Further restrictions apply to Victorian Land Index Searches (search by owner name, lot/plan, volume/folio, address). To access these searches clients must sign the Landata Deed of Grant in addition to the CITEC Confirm Customer Agreement.

The original hard copies of these documents are required to be signed and returned to:

CITEC Confirm Service Centre
GPO Box 279
BRISBANE QLD 4001

A separate Customer Agreement and Deed of Grant must be signed for each ABN/ACN.

1.0 Definitions and Interpretations

"Agreement"

means the commercial arrangement established in accordance with the Terms and Conditions of Use between CITEC and the Client.

"CITEC"

a commercialised business unit of the Department of Science, Information Technology and Innovation within the State of Queensland.

"Database"

means a database of a Database Provider to which the Client has access pursuant to this Agreement.

"CITEC Confirm"

means the equipment, programs and services provided by CITEC to allow Clients electronic access to publicly available information held in the databases of the Database Provider.

"Database Provider"

means a State or Commonwealth Department or instrumentality, or other Government or non-government body contributing a database to CITEC Confirm.

"Registration
Details"

means the specific details the Client provides to CITEC for the purposes of establishing and operating a CITEC Confirm access account.

"Authorised User"

means a party or Representative of the Client who accesses CITEC Confirm.

"Client"

means the legal entity or entities registered as a CITEC Confirm client.

"Commercial Credit facility"

means a credit arrangement established with the Service Provider for the purpose of utilising CITEC Confirm.

"Electronic Filing"

means a process whereby a Service Provider is authorised to act on behalf of an Approved Entity in relation to the electronic filing of documents at Magistrates Courts registries.

"Service Provider"

means the approved service provider CITEC through CITEC Confirm.

"Approved Entity"

means an entity as defined under Rule 975B of the Uniform Civil Procedure Amendment Rule (No. 1) 2009 or entity as defined under Rule 27 of the Queensland Civil and Administrative Tribunal Rules, 2009.

"System"

means CITEC Confirm.

2.0 Term of Agreement

2.1 Commencement

This Agreement shall commence when the Service Provider accepts the Client’s online registration or application forms. Notification of acceptance will be provided via email within one (1) hour of the Service Provider's acceptance of the Client’s application. The Client’s application will be subject to security and operational verification so that the Service Provider can be assured that the Client’s CITEC Confirm access account is valid and representative of the Client and that such account has not been established in a manner which misrepresents the Client. The Service Provider will be under no obligation to provide CITEC Confirm access until such time as the security and verification process has been validated.

2.2 Variation

2.2.1 The Service Provider reserves the right to vary, change or discontinue any feature of CITEC Confirm at any time, including content, hours of availability, pricing, equipment required for access and these Terms and Conditions of Use.

2.2.2 In the majority of circumstances, the Service Provider will update the CITEC Confirm website www.confirm.com.au to notify Clients of any changes as described under 2.2.1.

2.2.3 It is the Client’s sole responsibility (including any of its Authorised Users) to inform itself in regards any notifications referenced under clause 2.2.2.

3.0 Termination

3.1 Registration Details and Suspension

CITEC Confirm access will only be provided to the Client where the Registration Details are correctly representative of the Client. The Service Provider, at its sole discretion, will suspend the Client's CITEC Confirm access account where the Registration Details provided by the Client are found to be misrepresentative.

3.2 Automatic Termination

Automatic termination of this Agreement will apply where the client:

(a) attempts to use CITEC Confirm without having paid all relevant charges in advance (this condition is not applicable where a client has an approved CITEC Confirm Commercial Credit Facility); or

(b) is in breach of the Commercial Credit Facility arrangement.

3.3 Termination by Client

The Client may terminate this Agreement by advising the Service Provider by email, mail or facsimile. The notice of termination must be on letterhead signed by the authorised contact person and include the Client's Account Code. Termination will take effect when the Service Provider acknowledges having received such notice.

3.4 Termination by Service Provider

The Service Provider may terminate this Agreement immediately and without notice in circumstances where the Client is in breach of this Agreement.

4.0 Transfer/Assignment of Right to Access CITEC Confirm

4.1 The Client (including any of its Authorised Users) shall not assign or transfer the Client's rights under this Agreement without the prior written consent from the Service Provider.

4.2 The Client must notify the Service Provider immediately in writing in circumstances where:

(i) The Client alters its legal status;
(ii) The Client changes its registered business or company name; and
(iii) any order, resolution or step regarding insolvency or bankruptcy administration is made in relation to the Client.

5.0 Fees, Terms of Payment and Billing Cycle

5.1 Unless the Client has an approved Commercial Credit Facility all fees are payable in advance. If the Client incurs fees and charges that overdraw their account balance, then the Client is required to take immediate action to restore their account to a positive balance.

5.2 All actions will be taken to recover outstanding fees and charges. Clients will be liable for any costs incurred as a result of debt recovery action taken to recover outstanding fees and charges.

5.3 Current Fees and charges are displayed through the "Fees" page of the CITEC Confirm web site www.confirm.com.au (post log-on). CITEC Confirm has two (2) elements to Fees and Charges:

(i) Database Provider Information Fees which are the Fees for the information levied by the Database Provider; and
(ii) CITEC Confirm Delivery Fees which are the Fees for delivering the information to the Client by the Service Provider.

5.4 Refund Policy

(i) Refunds are not available under any circumstances once searches have been ordered.
(ii) Refunds will not be given for manual document ordering searches. A no result is considered a result and is therefore due and payable by the Client.
(iii) Client misuse of activation buttons or any CITEC Confirm technology which incurs multiple or single Fees or charges will be due and payable by the Client to the Service Provider. No refund applies under these circumstances.

5.5 Billing

(i) Billing cycle to the Client will occur twice monthly and will be issued on the fifteenth (15th) and last day of every calendar month. The application of this condition is limited to the Client maintaining a Commercial Credit Facility.

6.0 Minimum System Requirements

6.1 CITEC Confirm uses internet technology. It is the responsibility of the Client to meet the technology requirements in relation to use of the System. The technology requirements are located at the CITEC Confirm website (refer to Help - Frequently Asked Questions). These technology requirements may vary from time to time.

7.0 Transmission Speed

7.1 The Service Provider has no control over the speed of transmission of data where the internet is used for access.

8.0 Interruption to Service

8.1 The Service Provider does not warrant that Client access to CITEC Confirm will be uninterrupted (except to the extent, if any, where such warranty may be implied by law and be incapable of exclusion by the Service Provider).

8.2 The Service Provider will use best efforts to provide access during the published hours of service. However, there may be an interruption to services to facilitate urgent reasonable maintenance by the Service Provider.

8.3 The Service Provider will not be liable to the Client or third parties for interruptions to the service beyond its control including but not limited to:

(i) problems with Client telecommunications services;
(ii) problems with Client internet service provider; or
(iii) problems with Client hardware or software,

except to the extent, if any, which the Service Provider may not be able to lawfully exclude such liability.

9.0 Disclaimer of Liability

9.1 The Client agrees that the Service Provider will not be liable to the Client for anything (even negligence) to do with CITEC Confirm (for example, without limitation, inaccurate information), except to the extent (if any) which the Service Provider cannot exclude liability.

10.0 Intellectual Property and Copyright

10.1 The Client acknowledges that the Client does not acquire any property rights in database information provided to the Client through CITEC Confirm.

10.2 CITEC Confirm and the CITEC Confirm logo are the registered trademarks of CITEC and remain the property of CITEC. Through the Client's use of CITEC Confirm the Client may also access the registered trademarks of Database Providers. Unless otherwise provided for under these Terms and Conditions of Use, the Client is not provided any authorisation to reproduce or utilise CITEC or Database Provider trademarks for any activity other than those prescribed under these Terms and Conditions of Use. All trademarks remain the property of their registered owner.

11.0 Use of Information

11.1 Databases

CITEC Confirm is made available only for the Client's personal information or business operations.

The Client agrees not to use CITEC Confirm data to provide or facilitate direct online access to any other person.

These Terms and Conditions of Use do not provide a Client with the authority to resell CITEC Confirm services.

Clients seeking reseller status will complete such application through a separate process conducted through CITEC Confirm.

11.2 About the Client

CITEC will retain and protect all information provided by the Client for registration and CITEC Confirm purposes only (but may be legally required to disclose it in some circumstances, eg if ordered by a court to do so).

It is impossible to guarantee the protection of client personal data absolutely. CITEC Confirm uses encryption which provides a level of security. Client data may be exposed to loss, unauthorised access, use, modification or disclosure. CITEC will not use the information for on-selling to list brokers.

Persons under the age of 18 years are not legally permitted to become registered users of CITEC Confirm.

12.0 Account Code and Password Security

12.1 The Client shall be solely responsible for the use, maintenance and security of any client CITEC Confirm account codes and passwords.

12.2 The Client will be solely liable and responsible for any use whatsoever of the account code and password whether authorised or not.

12.3 The Client agrees not to reveal the Client’s CITEC Confirm Password to any other person other than Authorised Users who the Client has provided access to use the Client Account Code and password.

12.4 For security reasons, the Client shall be required to change the password when requested by the Service Provider.

13.0 Support Services

13.1 The Service Provider will provide Client support for the use of CITEC Confirm by email. The Service Provider will endeavour to provide twenty-four (24) hour turnaround on this service during published operating hours. The contact email address for the Confirm Service Centre is confirm@citec.com.au.

13.2 The Service Provider will provide twelve (12) months online access to Client usage report records. This access is for the purposes of assisting the Client to manage records in relation to end of year reconciliation. During this access period it is the Client’s sole responsibility to download, retain and store the available records.

13.3 Should the Client require records outside of any twelve (12) month access period then such records will be made available for a Fee agreed between the Service Provider and Client. Subject to a Client’s written request (email acceptable) the Service Provider will provide a Fee quotation inclusive of an estimated delivery timeframe. Client acceptance of the Fee quotation will be required before the Service Provider proceeds to recover and deliver the Client records.

13.4 The Service Provider is under no obligation to provide the Client records outside any twelve (12) month access period unless the Client has accepted a Fee quotation for the provision of such records.

14.0 Disputes

14.1 The parties will co-operatively resolve any dispute arising out of or in connection with this Agreement.

14.2 Where the parties cannot resolve any dispute arising out of or in connection with this agreement under clause 14.1, the dispute will be resolved as follows:

(i) The parties shall first refer the dispute to mediation by a Mediator who is approved by the Queensland Law Society ("The Society") and who is agreed to by the parties, or failing agreement, appointed by the President of the Society, on the terms of the standard mediation agreement approved by the Society.
(ii) The reference shall commence when either party gives written notice to the other, specifying the dispute and requiring its resolution under this provision.
(iii) Any information or documents obtained through or as part of the reference under this provision shall not be used for any purpose other than the settlement of the dispute under this provision.
(iv) If the dispute is not resolved within twenty-one (21) days of the commencement of the reference under this provision, either party may then, but (subject to (v)) not earlier, commence proceedings in any court of competent jurisdiction.
(v) Nothing in these Terms and Conditions of Use prevent a party from commencing court proceedings relating to any dispute at any time where that party is seeking urgent interlocutory relief.

15.0 Governing Law

15.1 This Agreement shall be governed by and interpreted in accordance with the laws and courts of the State of Queensland.

16.0 Specific Databases - additional Terms and Conditions

16.1 Access to particular databases may be subject to certain additional database-specific terms. These additional database-specific terms form part of this Agreement. The Client agrees that by accessing a database, the Client agrees to the additional database-specific terms that are applicable:

These documents can be viewed via the CITEC Confirm internet site www.confirm.com.au and CITEC recommends that you read these conditions of same prior to the execution of this Agreement. Land Victoria LANDATA® System access conditions are contained in Schedule 8 attached.

17.0 Marketing Material

17.1 CITEC Confirm periodically posts, by mail and email, marketing material distributed for the purposes of marketing CITEC Confirm products and/or services to the Client. All marketing activities will be conducted in accordance with the Information Privacy Principles defined through the Information Privacy Act 2009.

18.0 This Agreement

18.1 This Agreement constitutes the whole Agreement between the Service Provider and the Client, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

19.0 Waiver

19.1 None of these Terms and Conditions of Use will be taken to be waived except by written waiver executed between Service Provider and the Client.