APM PROPERTY DATA LICENCE AGREEMENT
These terms and conditions (including the schedules) form part of the agreement
entered into between you and Australian Property Monitors Pty Ltd (ABN 42 061 438
006) (APM) when you access and use products or services on
www.apmpropertydata.com.au, including when you agree to subscribe to
APM Property Data (Full).
You acknowledge that you have read, and agree to be bound by, the terms and conditions
of third party licensors as set out in the following schedules:
Schedule 1 - Queensland Department of Natural Resources and Mines Terms and Conditions
Schedule 2 - South Australian notice
Schedule 3 - Axciom Australia Pty Ltd Sub licensee Conditions of Use, Sentricx web service
Schedule 4 - State of Victoria (LANDATA) Conditions for Access and Use
Schedule 5 - Western Australian Land Authority (Landgate) terms
Schedule 6 - Google Maps
In addition to these terms and conditions, your use of APM Property Data and
the Site is subject to any other legal notices displayed on the Site from time to
time and any other terms specified when you subscribe for, access or use any of
the products or services available through the Site.
If you subscribe to APM Property Data, your subscription term will continue for
the minimum term specified in your subscription form. You may give us notice at least 28 days prior to
the expiration of your minimum subscription term that you would like your subscription
to terminate upon the expiration of the minimum subscription term. If you do not
give us such notice, your subscription will continue after the expiration of the
minimum subscription term until such time as you renew your agreement with us or
give us 28 days written notice of termination.
We reserve the right to withdraw or change our Site, products or services (including
format, design, scope, etc) at any time. We will use our reasonable endeavours to
give you advance notice of any material changes that we make to our Site, products
or services. If we make material changes, you may terminate this Agreement by giving
us written notice within 14 days of the change. Failure to terminate within this
period will constitute acceptance of the change.
Subject to and in consideration of your provision of property sales data and (if
applicable) payment of subscription fees, we grant you a non-transferable, non-sublicensable,
non-exclusive right and licence for your employees, agents and contractors ("Users")
to access APM Property Data and to use APM Property Data on the terms of this
Agreement.
You may use or refer to the information obtained through access to APM Property Data
for internal business purposes and in the course of providing ordinary real estate
or other services to your customers, provided that:
1. unless expressly allowed under this Agreement, you do not use the information
provided by our third party licensors for direct marketing purposes or for the compilation
of mailing lists;
2. the information does not identify any particular property owner or person;
3. you comply with applicable privacy legislation, notify us of any privacy complaints
made in connection with the information and comply with any reasonable directions
from us or our licensors in relation to any privacy complaint;
4. you do not alter the format, meaning or substance of any information supplied;
and
5. you do not change or delete any source attribution or copyright notice.
Neither you nor your Users may use information obtained through access to Domain Property Data Premium for the development, publication or commercial exploitation of a separate information product or service, whether or not distributed or marketed to your customers of your existing business or the general public.
APM Property Data uses and features copyright material, trademarks and other
proprietary information. You and your Users may not assert ownership of all or any
part of any works or other subject matter accessed through the Site. Reproduction,
downloading, redistribution or commercial exploitation of any material available
through APM Property Data other than as expressly allowed under this Agreement
may infringe the intellectual property rights of APM or our licensors.
Your Users will only have access to the Site at your nominated service level and
geographic areas defined by reference to postcodes, regions, local government
areas or states. To upgrade your use of APM Property Data or change the geographic areas,
you must go to www.apmpropertydata.com.au/Upsellpage.aspx
and complete the steps specified or contact your Domain Account Manager.
You agree that:
1. you will ensure your Users keep your username and password for the Site safe
and confidential, and that you will be responsible for all activities via that username
and password;
2. you have the authority to supply the information provided in respect of the properties
that you list;
3. you will comply with all applicable laws and codes in relation to this Agreement;
4. you will bear the cost of any telecommunications or internet usage charges incurred
as a result of using the Site.
We reserve the right (but have no obligation) to review, modify, reformat, reject
or remove (or direct you to modify or remove) any material that you upload, post,
transmit or otherwise make available (or attempt to upload, post, transmit or otherwise
make available) to us via the Site or by any other means.
Fees are payable monthly within 30 days of the statement date on the invoice for
all accounts.
Without limiting our other rights and remedies at law, in the event of non-payment
or late payment, we may (at our discretion):
1. terminate this Agreement; and/or
2. charge you for any agency or legal fees associated with collection of overdue
amounts.
You are liable for all taxes (inc. GST), duties or government charges payable in
connection with this Agreement whether applying at the date of this Agreement or
in the future.
Without limiting our other rights and remedies at law, we may terminate this Agreement
immediately;
1. if you have not subscribed to APM Property Data, you cease to provide us with
property sales data in respect of the properties that you list or you cease to be
a domain.com.au subscriber;
2. at any time and for any reason by giving you 28 days notice in writing;
3. if you breach this Agreement and fail to rectify that breach within 7 days notice;
4. if you are bankrupt, insolvent, enter into liquidation, administration or receivership,
or a receiver or manager is appointed over any or all of your assets; or
5. if you die, your partnership is dissolved, or your company is deregistered (as
applicable)
Your use of APM Property Data is at your sole risk. To the extent permitted by
law, we exclude all conditions and warranties relating to APM Property Data and
the Site. In particular, we do not make any representations or warranties that the
Site will be uninterrupted or error free, or as to the accuracy, reliability or
suitability of any information accessible via the Site. To the extent that our liability
for breach of any implied warranty or condition cannot be excluded by law our liability
will be limited, at our option, to:
(a) in the case of services supplied or offered by us, the re-supply of those services
or the payment of the cost of having those services re-supplied, and
(b) in the case of goods supplied or offered by us, the replacement of the goods,
the supply of equivalent goods or the payment of the cost of having the goods replaced.
In no circumstances will we be liable to you for any indirect, incidental, special
and/or consequential losses or damages (inc. loss of profits, goodwill, data or
opportunity). For products or services supplied or offered by us, our liability
to you will be limited to the amount(s) paid by you in respect of those products
or services.
You agree to indemnify and hold us harmless against any expenses, costs, loss or
damage that we may suffer or incur as a result of or in connection with your use
of APM Property Data or your use or conduct in connection with the Site or this
Agreement, including any breach of this Agreement by you and any such use by, or
conduct of, your Users.
You shall treat as confidential all information regarding our business or affairs
that comes into your possession as a result of or in the performance of this Agreement.
You must not disclose our confidential information to any third party without our
written permission, unless required to do so by law.
We reserve the right to amend this Agreement (including the pricing) provided that
we give you 28 days prior notice in writing, via email or on the Site. If you receive
notice of any amendment(s) to this Agreement, you may terminate this Agreement by
giving us written notice within 14 days of the amendment(s) taking effect. Failure
to terminate within this period will constitute acceptance of the amendment(s).
You may not assign this Agreement without our prior written consent. This Agreement,
together with any terms and conditions it refers to, comprises the entire agreement
between you and us and supersedes all prior understandings, agreements or representations.
No delay or waiver by us in enforcing any provision of this Agreement will be deemed
a waiver of our rights. If a term of this Agreement is or becomes invalid or unenforceable,
the validity and enforceability of the remainder of the Agreement will not be affected.
These terms and conditions are governed by the laws in force in New South Wales
and you submit to the non-exclusive jurisdiction of the courts in that State.
SCHEDULE 1 - QUEENSLAND DEPARTMENT OF NATURAL RESOURCES AND MINES
STANDARD TERMS AND CONDITIONS
This Schedule 1 applies in respect of data supplied by the Queensland Department
of Natural Resources and Mines
Definitions
- Direct Marketing means one to one marketing, normally supported by a database,
which uses one or more advertising media to effect a measurable response and/or
transaction from a person and includes, but is not limited to, telemarketing, bulk
email processing (spam), postal canvassing and list brokering.
- Licensed Data means data that is owned by or licensed to the State of Queensland
(Department of Natural Resources and Mines) and licensed to others under agreements.
- Licensed Data Product means any Value Added product derived from or based
on the Licensed Data or any Licensed Data Product. Value Adding means any augmenting,
repackaging or incorporating of the licensee's data, or other data licensed to the
Licensee, with the Licensed Data. Conversion of the Licensed Data onto different
media or the transaction into a different format is not Value Adding.
- Hardcopy Product means any printed paper based (not in electronic form) Licensed
Data Product.
Ownership
I acknowledge that I have no rights of ownership in the Licensed Data and all Intellectual
Property Rights including copyright in the Licensed Data are retained by the State
of Queensland (Department of Natural Resources and Mines).
Liability
I acknowledge that the State of Queensland (Department of Natural Resources and
Mines) does not guarantee the accuracy or completeness of the Licensed Data, and
does not make any warranty about the Licensed Data. I agree that the State of Queensland
(Department of Natural Resources and Mines) us not under any liability to me for
any loss or damage (including consequential loss or damage) from my use of the Licensed
Data Products.
Privacy
I agree that I will not use the Licensed Data or Licensed Data Products with the
intention of encroaching upon the privacy of any individual or company or other
organization and I will comply with the Privacy Laws. I agree that I will not use
the Licensed Data or Licensed Data Products for Direct Marketing.
Copyright and disclaimer
I agree to display the applicable copyright notice and disclaimer notice.
All reproductions of the Licensed Data, however altered, reformatted or redisplayed,
must bear the following notice: "® The State of Queensland (Department of Natural
Resources and Mines)
".
All Licensed Data Products must bear the following notice and must refer to the
relevant data in the Licensed Data Products: "Based on Data provided with the permission
of the Department of Natural Resources and Mines:
."
All reproductions of the Licensed Data or Licensed Data Products must bear the following
notice: "The Department of Natural Resources and Mines makes no representations
or warranties about accuracy, reliability, completeness or suitability of the data
for any particular purpose and disclaims all responsibility and all liability (including
without limitation, liability in negligence) for all expenses, losses, damages (including
indirect or consequential damage) and costs which might be incurred as a result
of the data being inaccurate or incomplete in any way and for any reason."
Permitted Use Terms - End Users
I accept that use of Licensed Data Products by me is limited to my own personal
use or for use in the ordinary course of my business. I will not on-sell or distribute
Licensed Data Products for reward or otherwise to any other third party, nor will
I product any products incorporating this data for commercial use or otherwise except
for those Hardcopy Products I am allowed to give away free of any charges. The Hardcopy
Products are to be distributed at no charge and cannot be amalgamated into or combined
with other products and services for which a charge is levied or a fee paid. If
I engage a consultant and provide Licensed Data Products to that Consultant I will
ensure that the Consultant has entered into a signed written agreement with me incorporating
the Standard Terms and the Permitted Use Terms - Consultants.
SCHEDULE 2 - SOUTH AUSTRALIAN NOTICE
This Schedule 2 applies in respect of data supplied by the State of South Australia.
Warning
The information contained in this dataset is extracted from records of land status
and cadastral boundary definition held by the Government of the State of South Australia
(the 'State'). The information is not represented to be accurate, current, complete,
or suitable for any purpose, at the time of its supply by the State, and may have
changed since the date of supply by the State.
The software by which the information is provided is not represented to be error
free.
No responsibility is accepted by the State for any reliance placed by any person
upon the information, or the software by which it is provided. Persons acquiring
or using the information and its associated software must exercise their independent
judgment in doing so.
Copyright
Copyright in the information remains with the Crown in right of the State of South
Australia. The information is reproduced under licence from the Crown.
Privacy
The information contained in this dataset must not be used for the purpose of compiling
contact lists, whether personalised or not.
SCHEDULE 3 - ACXIOM AUSTRALIA PTY LTD SUB-LICENSEE CONDITIONS
OF USE FOR SENTRICX WEB SERVICE
This Schedule 3 applies in respect of the Sentricx web service. For the purposes
of this schedule, 'Data' means the Acxiom-produced consumer data or data elements
maintained by Acxiom in a computerized database and you are the 'Sub licensee'.
The Sub licensee's use of the Data is conditional upon the Sub licensee complying
with the following:
1.The Data will at all times remain the proprietary or copyrighted property of the
owner of the Data ('Data Supplier'). The Sub licensee has no proprietary rights
in the Data.
2.The Sub licensee agrees that it will:
a.comply with the laws of Australia (including the Spam Act 2003 (Cth), the Privacy
Act 1988 (Cth) and the Privacy (Private Sector) Regulations 2001) and any other
laws which apply in relation to collection, use, disclosure or storage of the Data;
b.hold the Data in strict confidence;
c.use the Data only in accordance with these conditions of use;
d.not sell, rent or otherwise provide the Data to any third party;
e.not copy or duplicate the Data other than as necessary fro the purpose of merge/purge
processing and to destroy the copies or duplicates made as a result of such processing
immediately on the completion of such processing;
f.not sell, lease or otherwise provide the Data, any part of the Data or any file,
direct marketing list, model, analysis, code, report or application which uses or
is derived from the Data, to a third party;
g.not use, manipulate or modify the Data to create or facilitate the creation or
use of a reverse telephone directory;
h.not extract or republish the Data;
i.not use the Data in any application involving the Internet or as part of a CD-ROM;
j.not remove any seeds contained in the Data;
k.not copy or duplicate the Data;
l.not remove any product identification, copyright or proprietary notice from the
Data;
m.not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise
attempt to discover the technology or methodologies underlying the data in the Data,
or instruct or allow anyone else to undertake such prohibited actions;
n.not include in any marketing material created from the Data a reference as to
how the recipient was selected or how the recipient's name and address were obtained;
o.not use the Data to establish an individual's creditworthiness or eligibility
for insurance or employment;
p.not use the Data (if the Data is a telephone number only) to verify the identity
or address of an individual; and
q.not use the Data to advertise products or services that relate to sex, pornographic
materials, illegal drugs, weapons or illegal or illicit activities.
3.All marketing communications used in connection with any marketing list created
by the Sublicensee derived solely from the Data must:
a.not include a reference as to how the recipient was selected or how the recipient's
name and address were obtained;
b.prominently display a notice that the recipient may elect not to receive further
direct marketing communications from the Sublicensee;
c.set out the Sublicensee's business address and telephone number or a number or
address at which the Sublicensee can be contacted electronically if the marketing
communication is made by electronic means; and
d.be in good taste in accordance with generally recognized standards or high integrity.
4.The Sublicensee must respond to all consumer inquiries that the Sublicensee receives
arising out of the use of the Data. The Sublicensee must not refer to the Data Supplier
in any response unless the Sublicensee has confirmed that the Data Supplier supplied
the Data giving rise to the query. The Sublicensee will suppress an individual's
information on request by that individual so that the individual is removed from
future marketing initiatives by the Sublicensee. The Sublicensee will notify the
Data Supplier of the request and any other consumer inquiry that involves the accuracy
of the Data.
5.If the Sublicensee is provide with an update to the Data, the Sublicensee must
update the Data within 14 days or destroy the Data within 14 days in which case
the Sublicensee will be supplied with updated, replacement Data.
SCHEDULE 4 - STATE OF VICTORIA (LANDATA) CONDITIONS OF ACCESS
AND USE
This Schedule 4 applies in respect of data ('Property Sales Data') supplied by the
State of Victoria (LANDATA) which is accessible when you subscribe to Domain Property
Data. For the purposes of this schedule, 'you are the 'Customer'.
1.The Customer may only download the Property Sales Data to one server and must
not download to other media or servers except for backup or system integrity checks.
2.Without limitation, the Customer must in dealing with Property Sales Data: (a)
comply with the requirements of the Valuation of Land Act 1960 (Vic) and act in
good faith towards APM at all times.
3.The Customer must store all Property Sales Data in a secure environment and must
hold it and deal with it on a confidential basis. It shall not allow the Property
Sales Data (in whole or in part) to be disclosed to any other person except for
employees or agents of the Customer to the extent necessary for the preparation
of valuations. The Customer must ensure that any employee or agent who has access
to any part of the Property Sales Data under this clause holds it and uses it on
a confidential basis and subject to the obligations of the Customer under this agreement.
4. The Customer must not:
a. download the purchaser name or address or vendor name from any record;
b. use the Property Sales Data for the purposes of preparing mailing lists or to
assist in direct marketing;
c. reproduce (except to the extent necessary for the provision of valuation advice),
repackage or on-supply the Property Sales Data;
d. breach any of the conditions or purposes for the use of the Property Sales Data
in this agreement;
e. distribute the Property Sales Data to third parties generally in any circumstances;
or
f. breach the provisions of the Copyright Act 1968 (Cth),
in relation to access to and use of the Property Sales Data and must ensure that
no other person breaches these above conditions (a) to (e).
5. The Customer must not download more of the Property Sales Data than a Rolling
2 Years of Data in respect of any municipality or locality to which it has subscribed.
The Rolling 2 Years of Data shall be calculated as follows:
a. for any subscriptions the Customer had already established prior to 1 July 2005,
access shall be available for download of the Property Sales Data within the scope
of any subscribed municipality or locality, initially from the date of that subscription
and then it shall be continually adjusted by APM to ensure that a maximum period
of 2 years of Property Sales Data only is currently available for download (ie.
a rolling period of 2 years); and
b. for any new subscription, access shall be to a period of 2 years of Property
Sales data for that municipality or locality subscribed to commencing, initially,
from 2 months prior to the date of the subscription and then continually adjusted
by APM to ensure that a maximum period of 2 years of Property Sales Data only is
currently available for download.
6. The Customer must take all reasonable steps to prevent any contravention of the
requirements set out in this Schedule 4 and shall immediately prevent a person's
access to the Property Sales Data upon becoming aware that the person has contravened
such requirements.
7. The Customer shall provide APM with access to all Property Sales Data held by
the Customer upon not less than 24 hours notice given by LANDATA.
8. The Customer is only authorized to have access to the data subscribed to and
the data access shall not be shared with any other person or corporation, save for:
a. Appropriately qualified employees or agents of the Customer;
b. Clients of the Customer where necessarily part of a valuation report (but excluding
details of any vendor or purchaser or the property number as part of the street
address); and
c. (with general consent of LANDATA) companies, firms or persons carrying on business
by way of a common franchise agreement or a similar common business structure.
9. The Customer acknowledges and agrees that upon termination or expiration of its
licence agreement with APM or the termination of its rights of access to the Property
Sales Data it shall immediately delete all Property Sales Data from its servers
and destroy or return to APM (at the election of APM) all other forms (written,
electronic or otherwise) of the Property Sales Data in the possession or control
of the Customer and its employees and agents and provide a certificate by one of
its Directors or Company Secretary (or by a partner or the proprietor as appropriate)
verifying its deletion, destruction or return.
10. Any breach of the conditions of this Schedule 4 terminates the Customer's rights
to use the Property Sales Data.
SCHEDULE 5 – WESTERN AUSTRALIAN LAND INFORMATION AUTHORITY (LANDGATE) TERMS
This Schedule 5 applies in respect of data (‘Land Information Product’) supplied by the Western Australian Land Information Authority (Landgate) which is accessible when you subscribe to APM Property Data.
1. You must not change the land co-ordinates or spatial integrity or referencing, of any Land Information Product.
2. You must not search APM Property Data by any restriction imposed by Landgate for reasons relating to privacy legislation or an information suppression notice given to APM by Landgate.
3. You agree to be bound by and comply with obligations imposed by APM as required under its agreement with Landgate in relation to the ownership of, access to, use of and dealing with APM Property Data.
4. You must comply with security obligations imposed by APM as required under its agreement with Landgate.
5. On receipt of a written notice given to you by APM in relation to the suppression of information, you must delete or amend the land record information that is the subject of the information suppression notice from all copies of APM Property Data in your possession or under your control.
SCHEDULE 6 – Google Maps
The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.
