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 Environment and Resource Management Terms and Conditions
Schedule 2 - South Australian notice
Schedule 3 - State of Victoria (LANDATA) Conditions for Access and Use
Schedule 4 - Western Australian Land Authority (Landgate) terms
Schedule 5 - 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 APM 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 APM 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 ENVIRONMENT AND RESOURCE MANAGEMENT STANDARD TERMS AND CONDITIONS
This Schedule 1 applies in respect of data supplied by the Queensland Department of Environment and Resource Management
Definitions
- Direct Marketing means one to one marketing using personal details (e.g. name, address, email address), 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 messaging (spam), postal canvassing and list brokering.
- Licensed Data means data that is owned by or licensed to the State of Queensland (Department of Environment and Resource Management) and has been licensed to Australian Property Monitors under an agreement.
- Licensed Data Product(s) means any Value Added product derived from or based on the Licensed Data.
- Privacy Laws means any legislation (or mandatory government policy, where applicable) enacted by Federal or State agencies in relation to privacy and includes the Privacy Act 1988 (Cth) and Information Privacy Act 2009 (Qld).
- Value Add/Adding/Added means any repackaging which irreversibly changes the form of the Licensed Data or any augmenting or incorporation of the Licensed Data with other data. Conversion onto a different media or the translation into a different format (e.g. changing colour and formatting) of Licensed Data is not Value Adding.
- Ownership
I acknowledge that I have no rights of ownership in the Licensed Data. The State of Queensland (Department of Environment and Resource Management) is the owner of the intellectual property rights including copyright in and to the Licensed Data or has the right to make it available under licence arrangements, and has made a licence arrangement with Australian Property Monitors.
External contributors to Licensed Data are listed on the website www.derm.qld.gov.au.
- Liability
I acknowledge that the State of Queensland (Department of Environment and Resource Management) gives no warranty in relation to the data (including accuracy, reliability, completeness currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data.
- Permitted Use I agree that I will not use the Licensed Data Product(s) with the intention of encroaching upon the privacy of an
individual or for Direct Marketing and I will comply with the Privacy Laws.
- All Licensed Data Products must bear the following notice:
Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) [year]. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.
Permitted Use Terms � Licensee�s Customers
- I agree to use the Licensed Data Products that I receive from Australian Property Monitors only for my own personal use or in the ordinary course of my business (e.g. solicitor, accountant, valuer etc). I am not a business acting as a reseller of Licensed Data Products.
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 - STATE OF VICTORIA (LANDATA) CONDITIONS OF ACCESS
AND USE
This Schedule 3 applies in respect of data ('Property Sales Data') supplied by the
State of Victoria (LANDATA) which is accessible when you subscribe to APM 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 4 - WESTERN AUSTRALIAN LAND INFORMATION AUTHORITY (LANDGATE) TERMS
This Schedule 4 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 5 - 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.
