Terms Of Use

TERMS AND CONDITIONS OF USE FOR PROPERTYVALUE WEB SITE

Part I: PROPERTYVALUE WEB SITE

This website, located at www.propertyvalue.com.au, is owned and operated by Veda Advantage Solutions Group Pty Ltd ABN 88 071 215 328. PropertyValue is a business name owned by Veda Advantage Solutions Group Pty Ltd, which is part of Veda Advantage Limited. Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the website (known collectively as "Terms of Use"). Your use of, and/or access to, the website constitutes your agreement to the Terms of Use. PropertyValue reserves the right to amend the Terms of Use at any time. Since you are bound by the Terms of Use, you should periodically refer to them in this document and elsewhere on the website.

Intellectual property and restrictions on use of content on the website:
The intellectual property rights (including copyright) in all information, text, material, graphics, software, source code and advertisements on the website ("Content") are owned and/or controlled by PropertyValue, its suppliers and/or licensors unless expressly indicated otherwise on the website. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the website or expressly authorised in writing by PropertyValue or the relevant third party owner or rights holder. You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any rights of PropertyValue or any other party or which is prohibited by the Terms of Use. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of PropertyValue, the relevant third-party owner or rights holder.

Advertising, links to third party websites and e-commerce offers:
The website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of PropertyValue, and PropertyValue is not responsible for the contents of any linked web or any hyperlink contained in a linked website. PropertyValue provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by PropertyValue or its Affiliates. You link to any such website entirely at your own risk.
The website may contain third party advertisements which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. In some instances, the advertisement will contain representations or offers by the third party advertiser, which you can accept by linking to the advertiser's website and executing the relevant transaction. PropertyValue does not make such offers, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Disclaimer and limitation of liability:
The property value estimations provided by this service are derived from previous property sales information and statistical information. PropertyValue does not warrant the accuracy of the property value estimations and does not accept liability for any decision you make using them. PropertyValue also does not accept liability for the acts or omissions of others, including those who provide information used in compiling the property value estimations.
Under no circumstances (including but not limited to any act or omission on the part of PropertyValue) will PropertyValue or any related corporation or their respective directors or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
In the case of services supplied or offered by PropertyValue, PropertyValue's liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of PropertyValue to the following: either (a) the supply of the services again, or (b) the payment of the cost of having services supplied.

Miscellaneous:
PropertyValue relies on your continued observance of these Terms of Use. If PropertyValue suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify PropertyValue for those losses, damages and costs.
Use of this website is governed by the laws of New South Wales, Australia.

PropertyValue pricing structure:
All prices displayed on the website and any promotional material are subject to change without notice. Special offers are not available to employees, agents, retailers or distributors. Special offers and discounts may not be used in conjunction with any other discounts and special offers, unless otherwise stated.
There are three different types of discounts available to PropertyValue customers:

• Discounts on the second and subsequent report purchases in an individual shopping session.
• Discounts for entering a Promo Code, which will be provided on various promotional material, from time to time.
• Discounts for loyal users of PropertyValue. For every 5 reports purchased by a registered user, the 6th report will be provided at no charge.

GST:
Unless stated otherwise, charges referred to for use of any services provided by PropertyValue are GST inclusive. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax Invoice means tax invoice as defined by the Act.

Government Copyright Acknowledgements and Disclaimers:
You acknowledge that where you request information about a property in Queensland, Victoria, South Australia or Western Australia you have read and accept the following acknowledgements and disclaimers relevant to those states:

QUEENSLAND DEPARTEMENT OF NATURAL RESOURCES AND MINES TERMS AND CONDITIONS:

Standard Terms 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 (including a corporation or organisation) 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 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 translation 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 State of Queensland (Department of Natural Resources and Mines) is 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 an individual or company or other organisation 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) [year of publication] 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: [mmmmm/yyyy]. 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 produce 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’.

Permitted Use Terms – Consultants
I will not use the Licensed Data or Licensed Data Products for any purposes whatsoever other than the specific consultancy project that they were provided for. I will not distribute any Licensed Data or Licensed Data Product supplied to me to any third party with the exception of subcontractors, provided that my subcontractors sign a written agreement with me that includes the “Standard Terms” and “Permitted Use Terms – Consultants”. Upon expiration or earlier termination of my consultancy agreement I will return or destroy any copies of the Licensed Data or Licensed Data Products in my possession.

SOUTH AUSTRALIAN DEPARTMENT FOR ADMINISTRATIVE AND INFORMATION SERVICES TERMS AND CONDITIONS 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.

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 purposes of compiling contact lists, whether personalised or not.

WESTERN AUSTRALIAN DEPARTMENT OF LAND ADMINISTRATION TERMS AND CONDITIONS:

COPYRIGHT
Copyright in all Department of Land Administration (DOLA) information and products (including data, pages, documents, maps, online graphics, images, web pages, audio and video), is vested in the State of Western Australia and 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 information and products or part thereof may be reproduced by any process, distributed, commercialised or reused for any other purpose without the prior written permission of DOLA.

DISCLAIMER
This Information has been made available for the purpose of providing access to government information. It is made available on the understanding that the State and the Department of Land Administration (DOLA) is not rendering professional advice.
While DOLA and has made every effort to ensure the accuracy, reliability, completeness and suitability for purpose of the information presented, DOLA, the STATE do not give and guarantee, take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions. DOLA and the STATE accept no responsibility and disclaim all liability for any losses, damages, or costs as a result of the use or reliance upon the information. Reliance should only be placed on the original source documents held at DOLA.
It is strongly recommended that users exercise their own skill and care with respect to the use of the information, and before relying on the information that users should carefully consider it’s relevance to their purpose and obtain any professional advice appropriate to their particular circumstances.
Information contained in this product may be subject to the Commonwealth Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000 (the Commonwealth Privacy Legislation) and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. DOLA takes no responsibility for any breaches of the Commonwealth Privacy Legislation by any person in relation to information obtained from this product.

NOTICE FROM THE VICTORIAN GOVERNMENT TO CUSTOMERS WHO ARE PURCHASING VICTORIAN PROPERTYVALUE REPORTS:

To the extent that this report has been developed using information owned by the State of Victoria, the State of Victoria owns the copyright in the Property Sales Data which constitutes the basis of this report and reproduction of the 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 information contained in this report 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 that information supplied.

PROPERTYVALUE SMS COPYRIGHT ABBREVIATIONS:

WA Gov: Western Australia - Government
QLD QVAS: Queensland - Queensland Valuation and Sales
NSW LPI: New South Wales - Land and Property Information
SA Gov: South Australia - Government
ACT Gov: Australian Capital Territory - Government
VIC DSE: Victoria - Department of Sustainability and Environment