TERMS AND CONDITIONS – VALOCITY LIMITED

 

These Terms of Use, including any schedules (Terms) govern your use of the website located at portal.valocity.com.au  (Website) and the internet hosted software APIX (together the Service) and form a binding contractual agreement between you, the individual (‘you’ and ‘your’) and Valocity Limited (ACN 613 496 790) (Valocity).

If you have any questions relating to these Terms, please contact Valocity on before you agree to the Terms and use the Service, and if you do not agree to these Terms, you must not use the Service.

Valocity can be contacted by one of the following methods:

Mail: Level 13, 333 George Street, Sydney 2000

Phone: +61 (2) 8073-5107

Email: info@valocity.com.au

VALOCITY AND YOU AGREE AS FOLLOWS:

1.             About these Terms

1.1            By registering to use the Service, you agree to these Terms and acknowledge that these Terms are binding in relation to you and your use of the Service and apply from the time Valocity provides you access to the Service.

1.2           The Service will develop over time and Valocity reserves the right to change these Terms at any time, effective from the time the modified Terms are posted on the Website. Valocity will endeavour to notify you of any changes to these Terms via a notification on the Website.

1.3           If at any time you do not agree with these Terms as modified, you must notify Valocity and you must stop using the Service.

1.4           By using the Service, you acknowledge and agree to these Terms and:

(a)           to comply with these Terms as amended from time to time;

(b)           that these Terms may change and that it is your obligation to ensure you have read, understood, and agree to the most recent Terms;

(c)           to provide Valocity, and keep up to date, personal information about yourself reasonably required by Valocity, including your email address, and warrant that this information is accurate, correct and up to date.

2.            Licence to use the Service

2.1           You acknowledge that Valocity is the sole owner (or licensee) of all intellectual property and content (including, but not limited to, all trademarks, brands, trade names, ideas, systems, applications, copyrights, trade secrets, database, know how, confidential information, message and communication facilities, any textual or graphic material, processes and competitions, together the ´Intellectual Property´) which is displayed on the Service (but for the avoidance of doubt, this excludes any content posted on the Service by a user).

2.2          Conditional on your compliance with these Terms, and your ongoing acknowledgement and agreement of the Property Data Disclaimer set out in the Schedule 1 and Schedule 2 to these Terms (Disclaimer), Valocity grants you a non-exclusive, worldwide, non-transferable licence to use the Service in accordance with these Terms.

2.3          Valocity will allow you to manage your password, subject to minimum complexity requirements, and subject to the user role assigned to you, allow you to manage accounts for your organisation.

2.4          Unless otherwise stated you may access and use the Service (including any incidental copying that occurs as part of that use) in the normal manner and may also copy textual material published via the Service for internal, non-commercial or personal use only, but any copyright notice applying to the material, including in accordance with the  Disclaimer, must appear on all copies.

2.5          Some material on the Service may include trade marks are owned by third parties. If Valocity is not the owner of the intellectual property rights in any material (including trademarks and logos) published on this Service, or if you have accessed material via a link provided on the Service, your rights regarding that material will be as defined by the owner of the intellectual property rights in the material concerned.

2.6          Except as set out above in terms 2.4 and 2.5, all rights to the Service (including rights in text, graphics, selection, arrangement, and overall design) are reserved and no right or licence is granted or implied under any copyright, patent, trademark, or other intellectual property right of Valocity or any other party as a consequence of the publication of any material on the Service.

2.7          No material from the Service may be published in any media (including electronic media) without prior written permission from Valocity, except where the material is contained in a valuation report, in which case it may be published to the extent reasonably required for you to conduct and report on a valuation of a property.

2.8          Where the Service contains links to other websites as well as content added by people other than Valocity, Valocity does not endorse, sponsor or approve any such user generated content or any content available on any linked website, unless otherwise indicated on the Service.

2.9          You acknowledge and agree that:

(a)           Valocity retains complete editorial control over the Service and it may alter, amend or cease the operation of the Service at any time in its sole discretion;

(b)           the Service will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes);

(c)           Valocity may at any time request a form of identification to verify your identity; and

(d)          no refunds or any amounts will be paid by Valocity for any system issues or Service down time.

3.            Use of the Service

3.1           You will be provided with an access login and initial password for the Service once you are approved as an authorised user. When you first log on you will be prompted to change your password (and such new password must meet a minimum security criteria).

3.2          You must keep your login details and password secure at all times and must not share your login details and password with any other person.

3.3          You may use the Service for the purposes of requesting a valuation for a property, or accepting such request and uploading a valuation report (as the case may be), or general property research, and for other purposes agreed or reasonably required to ensure the efficient and effective operation of the Service. 

3.4          You will be solely responsible for any content or data that you upload (whether it be images, text, or documents) to the Service.

3.5          You must not:

(a)           use this Service directly or indirectly for any activity which breaches any laws, infringes a third party´s rights, is unlawful, or breaches these terms and conditions;

(b)           attempt to gain unauthorised access to the Service or use another person´s name, registration account or password;

(c)           tamper with, hinder the operation of or make unauthorised modifications to the Service;

(d)          translate, reverse engineer, reverse assemble, or decompile, or otherwise attempt to access or discover the source or object code of the Service;

(e)           copy or reproduce the Service without Valocity´s prior written consent;

(f)            permit any unauthorised third party to examine, repair or in any way alter the Service;

(g)           provide access to, sell, transfer, licence, sub-licence, loan, lease, disclose or publish the Service to any third person, except with Valocity´s prior written consent;

(h)          upload content or data to the Service, that:

(i)            solicits, encourages or promotes the use of illegal substances or illegal activities; or

(ii)          would cause you or Valocity to breach any law, regulation, rule, code or other legal obligation;

(iii)        contains direct marketing or other solicitation of services;

(iv)        would bring Valocity, or the Service, into disrepute;

(v)          is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, harassing, bigoted, profane,  liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or otherwise objectionable;

(vi)        contains destructive materials, including but not limited to computer viruses, hackers, spyware, adware or other technical sabotage;

(vii)        gives rise to civil or criminal liability or otherwise violates any applicable law;

(viii)     breaches the intellectual property rights of any person; or

(ix)        is inaccurate, misleading or deceptive; or

(x)          contains any malicious code, data or disabling feature.

3.6          Valocity reserves the right to:

(a)           review, modify, reformat, reject or remove any content or data which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in its opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(b)           monitor use of the Service, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

3.7          By uploading content or data to the Service you grant Valocity an irrevocable, royalty and fee free, worldwide licence to use, copy, distribute, or publish, such content or data in anyway for the purpose of operating the Service.

4.            Warranties

4.1           You represent and warrant to Valocity that you have the legal capacity to enter into these Terms

4.2          You represent and warrant to Valocity that you will not use the Service:

(a)           for any purpose that is unlawful or prohibited by these terms and conditions; and

(b)           in any manner which could damage, disable, overburden or impair the Service or interfere with any other party’s use and enjoyment of the Service.

4.3          Valocity agrees to use its best endeavours to ensure, but does not warrant, guarantee or make any representations, that the:

(a)           Service is suitable for your intended purpose, or for any particular purpose at all; or

(b)           Service will be fully accessible at all times, uninterrupted or error free; or

(c)           data stored in the Service will be error free or protected from loss; or

(d)          Service is free from destructive materials, including but not limited to computer viruses, hackers, spyware, adware or other technical sabotage.

5.            Compliance with API standards

5.1           You must comply with:

(a)           all applicable guidance and requirements issued by the Australian Property Institute Limited; and

(b)           the Australian Property Institute Code of Conduct as updated from time to time and available at https://www.api.org.au/code-of-professional-conduct.

6.            Liability 

6.1           The Service is provided on an “as is” basis and to the extent permitted by law, use of the Service is at your own risk.

6.2          Any conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent allowed by law.

6.3          Valocity shall not be liable in contract, tort (including negligence), or otherwise for any direct or indirect damage, economic loss, or consequential or other loss whatsoever in respect of or arising out of use of the Service, infringement of any intellectual property or any act or omission of Valocity.

6.4          To the extent that any claim is not excluded, any claim for loss or damage suffered by you as a result of Valocity’s negligence or breach of these Terms, will be limited to the fees collected by Valocity in respect of your usage of the Service, in the preceding 12 month period.

6.5          If you place reliance on material posted on this Service you do so at your own risk, and you indemnify Valocity (and its related entities) from any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any material posted on the Service.

6.6          To the extent permitted by law, Valocity does not accept any liability for any loss or damage suffered or incurred by you or any other person in connection with the use, storage or disclosure of Personal Information, as that term is defined in the Privacy Act 1988 (Cth), and you agree to indemnify Valocity against any reasonable cost resulting from a breach by you of the Privacy Act 1988 (Cth), the Australian Privacy Principles and any other regulations introduced and as amended or varied.

6.7          These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, Valocity limits its liability in respect of any claim to, at its option:

(i)            the supply of the Services again; or

(ii)          the payment of the cost of having the Services supplied again.

7.             Privacy

7.1           We will act in accordance with the Privacy Act 1993. For further details on privacy, please read Valocity’s Privacy Policy available at https://valocityglobal.com/privacy.

8.            Linked websites

8.1           Valocity is not responsible for the content of any other website, even if you access that website via a link on portal.valocity.com.au, valocity.co.nz or valocityglobal.com. Valocity provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Valocity of that website.

9.            Purpose and validity of information

9.1           Information on the Service is primarily of an informative nature. Valocity uses its best endeavours to ensure that as far as is reasonable and possible, the information on the Service is correct and up to date but does not accept liability for any errors or omissions.

9.2          Valocity is not responsible for the results of any actions taken on the basis of information on the Service. Valocity disclaims all and any liability to any person in respect of any act done or omitted to be done in reliance on the contents of the Service. The views expressed by independent industry analysts and commentators are those of the author only and not necessarily those of Valocity.

9.3          The development of Valocity’s products and services is continuous and published information may not be up-to-date. Some information on the Service about Valocity’s products and services is provided through links to other websites.

10.        Termination

10.1        These Terms terminate automatically if, for any reason, Valocity ceases to operate the Service.

10.2       Valocity may otherwise terminate these Terms immediately or suspend your access to the Service immediately if you have breached these Terms, or if your subscription ceases.

10.3       You may terminate these Terms if you are not satisfied with the Service by giving Valocity one month written notice, and agree that Valocity may invoice you for this period.

10.4       Termination of these Terms does not affect the accrued rights of any party up to the date of termination.

10.5       On termination of these Terms:

(a)           you will remain liable for any other charges that become due and payable before or after the date of termination; and

(b)           you must cease to use the Service.

11.          Dispute Resolution

11.1         Any Party must attempt to resolve a dispute in accordance with the procedures set down in this clause 11 before commencing legal proceedings against another Party.

11.2        If a dispute arises in relation to these Terms or your use of the Service in anyway, either you or Valocity, or both, may give written notice to the other (together “the Disputing Parties”) requiring that an attempt be made to resolve the dispute and the Disputing Parties agree to use their best endeavours to first settle the dispute by discussions in good faith between the Disputing Parties (or a person a Disputing Party nominates as its representative).

11.3        If a dispute is not resolved within two weeks (or such period as agreed in writing by the Disputing Parties) after written notice of the dispute has been given, any Disputing Party may give the other a written notice requiring that the dispute be resolved by a mediator appointed jointly by the Disputing Parties (Mediation Notice).

11.4        If the Disputing Parties do not agree on the appointment of a mediator within 1 week after the Mediation Notice is given, the mediator is to be appointed by the Resolution Institute (Institute).

11.5        The mediation is to be conducted in accordance with the Institute’s Rules for the Conduct of Commercial Mediation and those rules are binding on the Disputing Parties. 

11.6        The Disputing Parties must co-operate fully with the mediator.

11.7        Any mediation agreement resulting from the mediation shall be binding on the Disputing Parties.

11.8        The Disputing Parties must pay an equal share of the fees and expenses the mediator is entitled to.

11.9        Nothing in this clause 11 prevents a Party from seeking urgent injunctive, declaratory or other interlocutory or equitable relief before an appropriate Court.

12.         Interpretation

12.1        In these Terms the following rules of interpretation apply unless the context otherwise requires:

(a)           a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;

(b)           the singular includes the plural and vice versa;

(c)           a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;

(d)          a reference to any gender includes all genders;

(e)           a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure, or exhibit of or to these Terms;

(f)            a recital, schedule, annexure or a description of the parties forms part of these Terms;

(g)           a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;

(h)          a reference to any party to these Terms, or any other document or arrangement, includes that party’s executors, administrators, substitutes, successors and permitted assigns;

(i)            where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

(j)            where an expression is defined anywhere in these Terms, it has the same meaning throughout;

(k)           a reference to “dollars” or “$” is to an amount in Australian currency;

(l)            a reference to a matter being “to the knowledge” of a person means that the matter is to the best of the knowledge and belief of that person after making enquiries reasonable in the circumstances;

(m)        mentioning anything after include, includes or including does not limit what else might be included; and

(n)          the rule of contra proferentem does not apply to these Terms.

13.          General

13.1        You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

13.2       To the extent of any inconsistency between these Terms and the schedules to it, the following order of precedence will apply:

(a)           first, these Terms; then

(b)           Schedule 2; then

(c)        Schedule 1.

13.3       The non-exercise of or delay in exercising any power or right of Valocity does not operate as a waiver of that power or right.  A power or right may only be waived in writing by Valocity.

13.4       If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

13.5       Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

13.6       These terms and conditions are governed by the laws of Australia and you submit to the non-exclusive jurisdiction of the Australian courts.

13.7        Except where stated otherwise these Terms represent the entire agreement between you and Valocity on the subject matter. All representations, communications, prior agreements, statements and understandings, whether verbal or in writing, in relation to the subject matter are merged in and superseded by these Terms.


SCHEDULE 1 – PROPERTY DATA DISCLAIMER

1.              INTRODUCTION

1.1.          This Disclaimer is to be read in conjunction with the Terms. The provisions regarding interpretation in the Terms will also apply to this Disclaimer.

1.2.         The terms of this Disclaimer apply to any person accessing the Service, including an end user and any entity registered for the Service (including where the registered entity is an employer of a user) (collectively the Users).

1.3.         This Disclaimer explains how Users may use the data made available on the Service and satisfies Valocity’s obligations to each State and Territory to explain the limitations around the data and information on the Service.

1.4.         Using the Service will be considered an acceptance of the terms and limitations of this Disclaimer.

1.5.         This Disclaimer may be amended or modified from time to time, and any amendments will be effective from the time the modified Disclaimer is posted on the Website.

 

2.             PURPOSE

2.1           The information accessed on the Service is distributed as a general reference source.

2.2          All information and data available on the Service has been provided to Valocity by third parties, and Valocity is unable to determine the legitimacy of the information.

2.3          Valocity recommends that all users consider the source, accuracy, currency, completeness and relevance of the information and data available on the Service and consider the suitability of that information or data for that Users’ purpose.

2.4          In consideration for using the Service, Users acknowledge and agree that Valocity 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 Service, or data and information available on the Service.

2.5          All Users must exercise their own due care and skill with respect to all information and data available on the Service.

2.6          Users must not use any information or data accessed through the Service to produce any promotional material which would enable a reader or user of the promotional material to identify an individual as presently holding or as having held an interest of any kind in land identified in the data.

2.7          Users must not use the Service, or allow materials from the Service to be used, for direct marketing purposes or to be used in breach of any applicable privacy legislation and regulations.

2.8          Users must not contact vendors or purchasers directly using any information obtained through the Service.

2.9          Users must not sell, assign, transfer, sub-license, reproduce, repackage or on-supply any data obtained from the Service.

2.10       Valocity is not obligated to provide updates to the data or notify of any changes to information or data accessed through the Service.

3.             VALUATION LIMITATIONS

3.1           Users acknowledge and agree that the Service is not intended to (and should not be used to) replace a valuation prepared by a professional valuer in accordance with industry standards.

3.2          Users acknowledge and agree that the Service does not involve a physical inspection of the property but is rather an online analysis of comparable sales.

3.3          The Service does not make any comment regarding the state of the property and is not a building, structural or land survey. The Service will also not identify issues available upon inspection of the property, including but not limited to structural, weather tightness, contaminants, regulatory, legal, title, town planning or stability issues). It is the responsibility of the User to identify any such issues.

3.4          Any map showing property boundaries of comparable sales is indicative only and may not be complete or accurate. Any map that is produced is not intended or designed to replace a certificate of title, deposited plan or land survey information for any purpose.

4.             LIABILITY AND RELEASE

4.1           The Service is provided on an “as is” basis and to the extent permitted by law, use of the Service is at a User’s own risk.

4.2          All Users release Valocity to the fullest extent permitted at law from any and all claims relating to the usage of the material made available through the Service.

4.3          Valocity bears no responsibility to any third party or client of a User who relies upon any information obtained through the Service, and Users indemnify Valocity for any such claims.

4.4          Valocity is not liable for any loss, damage or injury suffered by any third party that may arise from use of the Services.

4.5          Users indemnify and keep indemnified Valocity against any loss, costs, expenses, damages and liability of any kind, which Valocity may sustain or incur arising directly or indirectly from any claim relating to the Services made or permitted to be made, or relating to any data produced by or on behalf of the User which incorporates any data or information accessed through the Service.

4.6          Users indemnity Valocity from and against any loss or liability incurred, or loss of or damage to property, or loss or expense incurred in dealing with any claim against Valocity arising from any breach of this Disclaimer by a User and from an act or omission of a User where there was fault on the part of a User that gave rise to that liability, loss, damage or expense.

5.             AUSTRALIAN CAPITAL TERRITORY SERVICES

5.1           This clause 5 applies to the use of Services in connection with or relating to the Australian Capital Territory.

5.2          The Australian Capital Territory data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be directed to:

Manager

Customer Services

Environment and Planning Directorate

GPO Box 158

CANBERRA ACT 2601

5.3          For the purposes of clause 5.2 data includes any materials provided through use of the Services.

6.             NEW SOUTH WALES SERVICES

6.1           This clause 6 applies to the use of Services in connection with or relating to New South Wales.

6.2          Users:

(a)           acknowledge the Service includes data from the NSW Government as modified by Valocity through incorporating additional information and creating a report;

(b)           acknowledge that the NSW data is licensed pursuant, and agree to be bound, to the Creative Commons Licence, available at: https://creativecommons.org/licenses/by/4.0/legalcode;

(c)           acknowledge that the only terms that Valocity offers are the Valocity Terms and Conditions and this Disclaimer, and Valocity offers no additional or different terms or conditions in relation the NSW data, other than what is contained in the Creative Commons Licence;

(d)          acknowledge that the full extent permitted by applicable law, the State of NSW offers the NSW data “as-is” and “as-available” and makes no representations, warranties or conditions of any kind concerning the NSW data, whether express, implied, statutory or otherwise. This includes, without limitation, any representations, warranties or conditions regarding:

(i)            the contents or accuracy of the Work;

(ii)          title, merchantability, or fitness for a particular purpose;

(iii)        non-infringement;

(iv)        the absence of latent or other defects; or

(v)          the presence or absence of errors, whether or not discoverable.

7.             NORTHERN TERRITORY SERVICES

7.1           This clause 7 applies to the use of Services in connection with or relating to the Northern Territory.

7.2          Users:

(a)           acknowledge the Service includes data which the Northern Territory is the owner of, and holds copyright in;

(b)           acknowledge that that the Northern Territory may require a written undertaking, in a form satisfactory to the Territory, that Users must observe and perform with respect to the data terms and conditions similar to Valocity’s terms and conditions with the Northern Territory;

(c)           agree not to reproduce, repackage or on supply any data.

8.             QUEENSLAND SERVICES

8.1           This clause 6 applies to the use of Services in connection with or relating to Queensland.

8.2          © State of Queensland (Department of Natural Resources Mines and Energy) 2020. In consideration of the State permitting use of this data Users 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.

8.3          The Service contains data provided by the State of Queensland (Department of Natural Resources Mines and Energy) 2020. In consideration of the State permitting use of this data Users 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.

8.4          For the purposes of this clause 8data includes any materials provided through use of the Services.

9.             SOUTH AUSTRALIA SERVICES

9.1           This clause 9 applies to the use of Services in connection with or relating to South Australia.

9.2          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 judgement in doing so.

9.3          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.

9.4          PRIVACY: The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

9.5          For the purposes of this clause 9 dataset includes any materials provided through use of the Services.

10.         TASMANIA SERVICES

10.1        This clause 10 applies to the use of Services in connection with or relating to Tasmania. 

10.2       COPYRIGHT STATEMENT & DISCLAIMER: This product incorporates data the copyright ownership of which is vested in the Crown in Right of Tasmania.  The data has been used in the product with the permission of the Crown in Right of Tasmania. The Crown in Right of Tasmania and its employees and agents:

(a)           give no warranty regarding the data’s accuracy, completeness, currency or suitability for any particular purpose; and

(b)           do not accept liability howsoever arising, including but not limited to negligence for any loss resulting from the use of or reliance upon the data.

Base data from the LIST © Crown in Right of Tasmania  www.thelist.tas.gov.au.

10.3       Users are not entitled to any access or use of the data included in the Service, outside of the Service provided by Valocity.

10.4       Users acknowledge that although the Tasmanian Crown takes steps to ensure that the data is correct, the Crown does not warrant the accuracy, completeness, currency or suitability of the data – the data has not been prepared to meet any individual requirements and it is therefore the responsibility of the user to ensure that the data meets ay such requirements. The Tasmanian Crown does not warrant that the data will be capable of being accessed, delivered or processed on all software or hardware. To the extent permitted by law, the Tasmanian Crown excludes all warranties in respect of the data. In respect of the warranties unable to be excluded by law, liability is limited, entirely at the Crown’s option, to resupply of the data or supply of equivalent data.

10.5       For the purposes of this clause 10 data includes any materials provided through use of the Services.

11.           VICTORIA SERVICES

11.1         This clause 11 applies to the use of Services in connection with or relating to Victoria.

11.2        Users agree to be bound to the Victorian Customer Terms of Use, in Schedule 2 of the Terms and by entering these Victorian Customer Terms of Use Users are in effect executing and agreement to be bound by the Victorian Customer Terms of Use.

11.3        The State of Victoria owns the copyright in the Property Sales Data and reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth).  The State of Victoria does not warrant the accuracy or completeness of the Property Sales Data and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.

11.4        The data must not be used for marketing, promotional purposes, including compilation or validation of mailing lists, list brokering, data mining, or contacting vendors or purchasers. This includes, without limitation, use of or access to the data for the creation or validation of marketing or mailing lists or data matching.

11.5        For the purposes of this clause 11 Property Sales Data includes any materials provided through use of the Services.

12.          WESTERN AUSTRALIA SERVICES

12.1        This clause 11 applies to the use of Services in connection with or relating to Western Australia.

12.2       Users agree to be bound to the following obligations and must:

(a)           only use the Services for your personal or business purposes and must not sell, licence, hire, let, trade, expose for sale, or derive revenue from the Services or part thereof;

(b)           not use the Services for the purposes of direct marketing, being any activity which makes it possible to offer goods or services or to transmit other messages to a third party aimed at informing or soliciting a response from the third party, as well as any service ancillary to the same;

(c)           acknowledge that the Service is derived from Landgate’s location information, © Western Australian Land Information Authority (Landgate) (2020). Landgate owns all copyright in the location information which is protected by the Copyright Act 1968. Apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968, all other rights are reserved and no location information, or part thereof, may be reproduced, distributed, commercialised or re-used for any other purpose without the prior written permission of Landgate;

(d)          acknowledge that the location information that the Service is derived from is provided by Landgate in good faith on an “as is” basis. While Landgate has made every effort to ensure the accuracy, reliability, completeness and suitability of the location information, Landgate does not give any guarantee or take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions in the location information. Landgate accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the location information. Reliance should only be placed on the original source documents such as the certificate of title and survey plan available from Landgate. It is strongly recommended that users exercise their own skill and care with respect to the use of the location information, and before relying on the location information, users should carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances;

(e)           acknowledges that areas and dimensions shown in the Service may be approximate values only. Refer to official registered documents, survey plans, diagrams etc available from Landgate for accurate area, dimensions and other information;

(f)            acknowledges that the location information that the Service is derived from may be subject to privacy legislation and contractual restriction on its publication. Landgate takes no responsibility for any breach of privacy legislation by any person in relation to the location information.

13.          INTELLECTUAL PROPERTY RIGHTS

13.1        Nothing in this Disclaimer or the Valocity Terms and Conditions constitutes a transfer of any intellectual property rights. Users acknowledge and agree that Valocity owns all intellectual property rights in the Service, and in all information and reports accessed through the Service, subject to any restrictions of the States and Territories.

13.2       By posting or adding any content onto the Service, Users grant Valocity a perpetual, non-exclusive, royalty-free, fee-free, irrevocable, worldwide and transferable right and licence (including a right of sub-licence) to use that content in any way (including, without limitation, by reproducing, modifying, adapting, publishing, changing, and communicating the content to the User) and permit Valocity to authorise any other person to do the same thing.

13.3       Users consent to any act or omission which would otherwise constitute an infringement of that User’s moral rights, and if Users add any content in which any third party has moral rights, User’s warrant that the third party also consents in the same manner.

13.4       Users represent and warrant to Valocity that they have all necessary rights to grant the licences and consents set out in this clause 13 and Users must not breach any provisions of the Copyright Act 1968 (Cth) in connection to the use of the Service.

13.5       This clause 13 will survive any termination or expiry of a User’s agreement with Valocity.


SCHEDULE 2 – VICTORIAN TERMS OF USE

Terms of use for all Users of Services in connection to Victoria (“Customers”)

(a)           Customers must not use any data provided through use of the Services which was recorded as a result of individual land transactions recorded by the Department of Transport, Planning and local Infrastructure of Victoria (or its successors under any machinery of Government changes as may be implemented) and released pursuant to section 5(2) of the Valuation of Land Act 1960 (Vic) (“Licensed Material”), to:

(i)            prepare mailing lists or to assist in direct marketing;

(ii)          subject to clause (h)) reproduce, repackage or on-supply the Licensed Material;

(iii)        breach the provisions of the Copyright Act 1968 (Cth) in relation to access to and use of the Licensed Material; and

(iv)         must ensure that no other person breaches the above conditions.

(b)           Customers must not, access or use the Licensed Material for marketing or promotional purposes, including compilation or validation of mailing lists, list brokering, data mining or contacting vendors or purchasers. This includes, without limitation, use of or access to the Licensed Material for the creation or validation of marketing or mailing lists or data matching. The Customer must not cause or allow the presentation of the Licensed Material to be linked to other information (by way of reference to a website or otherwise) that may infer in any way that the data may be used or available for marketing or promotional purposes. For the avoidance of doubt, this clause (b) does not prevent the Licensed Material being used for the purpose of general research of the property market.

(c)           The Customer acknowledges that if it contravenes any of the requirements these Terms its access to the Licensed Material may be terminated immediately.

(d)          Upon the expiration or termination of these Terms, the Customer must immediately delete all Licensed Material from its servers and destroy or return to Valocity all other forms (written, electronic or otherwise) of the Licensed Material in the possession or control of the Customer and its employees and agents and provide to Valocity 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.

(e)           Before being granted access to the Licensed Materials, a Customer must accept these Terms.

(f)            If a Customer is able to access vendor and purchaser names in accordance with the terms of these Terms, the Customer must execute a deed prior to being given access to such details.

(g)           A User may only access or use the Licensed Material for their own personal use and must not distribute any of the Licensed Material to any third party without the prior written permission from Valocity.

(h)          Notwithstanding clause (a)(ii), a valuer, government agency or licensed real estate agent is only authorised to access the data for that customer class as follows:

(i)            valuer or government agency – property address, municipality, sale price, property classification code, land area, contract date, settlement date, land description (lot/plan or crown description), number of bedrooms, constructions material, council assessment number, vendor name, purchaser name, title reference, cash or terms, deposit, Melway  of VicRoads map reference, licence, plant and machinery, chattels, microfilm number or dealing number;

(ii)          licensed real estate agent – property address, municipality, sale price, property classification code, land area, contract date, settlement date, land description (lot/plan or crown description), number of bedrooms, constructions material, council assessment number, vendor name (Read Only), purchaser name (Read Only, title reference, cash or terms, deposit, Melway  or VicRoads map reference, licence, plant and machinery, chattels, microfilm number or dealing number;

and the data accessed shall not be shared with any other person or corporation, save for:

(iii)        any employee or agent who executes a confidentiality deed; and

(iv)         clients of the valuer or licensed real estate agent:

A.   where the client has commissioned the valuer or licensed real estate agent to carry out a valuation of real estate or engaged the valuer or licensed real estate agent to sell real estate on behalf of the client, such that the valuer or licensed real estate agent is required to prepare an estimated selling price of the real estate in accordance with the legislative requirements of a state or territory;

B.    only to the extent necessary that the data be included in the valuation or estimate report prepared for the client; and

C.    in any case, details of any vendor or purchaser contained in the data must not be disclosed to the client; and

D.   with Valocity’s prior written consent companies, firms or persons carrying on business by way of a common franchise agreement or a similar common business structure; and

(v)           as permitted by law.