Terms & Conditions
APM – ONLINE SUBSCRIPTION AGREEMENT TERMS & CONDITIONS
Last Updated: 17th December 2019
These terms apply to the provision of web-based property data and information services (Services) to any person or entity (Customer) by Australian Property Monitors Pty Ltd ABN 42 061 438 006 and its related bodies corporate (together APM) through the website located at www.apm.com.au (APM Website). By accessing the APM Website you agree to be bound by these terms and conditions which together with the application form comprise your agreement with APM in respect of the Services (Agreement).
Your access to the APM Website will commence when we notify you that your account has been provisioned (which will typically be within 5-10 business days after the date of this agreement) and will continue until it is cancelled in accordance with these terms and conditions.
You may cancel the Services by providing us with no less than 90 days written notice, provided that such cancellation must not take effect before the expiry of any minimum contract term agreed with APM.
We reserve the right to withdraw or change the APM Website and/or the Services (including content, format, design, scope, etc) at any time. We also reserve the right to change these terms and conditions. We will give you advance notice of any material changes that we make to these terms and conditions. If we make material changes to these terms and conditions, 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.
You agree that:
- all data and information to which you have access in accordance with this Agreement is for your exclusive use as part of your marketing and other internal business requirements and you will not use it for any other purpose;
- you must not offer the data or information to which you have access in accordance with this Agreement, or combine the data or information with any other data or information and offer it, to third parties without our prior written consent (which may be given or withheld in our discretion);
- you must not request information for third parties nor permit requests to be made under this Agreement by others;
- you will keep your username and password for the APM Website safe and confidential, and you will be responsible for all activities via your username and password;
- you must not use the APM Website in any manner or for any purpose which is unlawful or in any manner which violates any rights of APM, its licensors and/or suppliers.
- you must not use any material or information provided pursuant to this Agreement on any other internet site or to establish, maintain or provide your own publications or promotional material;
- you must not use any material or information provided pursuant to this Agreement for the purposes of any email or other direct marketing campaigns;
- you will comply with all applicable laws and regulations in relation to this Agreement; and
- you will bear the cost of any telecommunications and internet usage charges incurred as a result of using the APM Website or submitting property listings.
We will also comply with all applicable laws and regulations in relation to this agreement. Unless otherwise agreed by us, 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, and notwithstanding anything to the contrary in these terms and conditions, in the event of non-payment or late payment, we may (at our discretion):
- suspend your access to the APM Website upon written notice to you;
- terminate this Agreement if the monies remain outstanding (in full or in part) after 7 days written notice requiring payment;
- charge you for our out of pocket legal fees associated with collection of overdue amounts provided we have given you notice for payment and any date specified in the notice for payment has passed; and/or
- charge interest on the overdue amount at a rate of 2% above the Westpac Overdraft Business Rate in respect of the period from the due date for payment until the date the outstanding amount is actually paid.
The intellectual property rights (including copyright) in all data, information, text, material, graphics, software, source code and advertisements on the APM Website (Content) are owned and/or controlled by APM, its suppliers and/or licensors unless expressly indicated otherwise on the APM 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 the Content in any way except as expressly provided for in these terms or expressly authorised in writing by APM. You must not claim any ownership of intellectual property rights in respect of the Content nor commit or permit any act of omission or commission by your agents, employees or any third party which will impair the copyright or other proprietary rights to the Content. Nothing in this Agreement should be construed as granting any licence or right to use any Content or trademark displayed on the APM Website without the express written consent of APM or the relevant owner.
You are liable for all taxes (inc. GST), duties or government charges payable in connection with the execution of this Agreement whether applying at the date of this Agreement or in the future.
Without limiting our other rights and remedies at law, a party may terminate this Agreement immediately:
- at any time and for any reason by giving the other party 90 days’ notice in writing (provided this notice is given after any applicable minimum term you have agreed to);
- if the other party breaches this Agreement and fails to rectify that breach within 14 days’ notice;
- if the other party becomes bankrupt, insolvent, enters into liquidation, administration or receivership, or a receiver or manager is appointed over any or all of that party’s assets; or
- if the other party dies, its partnership is dissolved, or it is deregistered (as applicable).
In addition, APM may suspend or terminate this Agreement in whole or in part upon notice to you if the continuance of this Agreement will or may cause APM to be in breach of any licence or supply agreement it has entered into to facilitate it providing you with the Services.
To the extent permitted by law, we exclude all conditions and warranties relating to the Services. You acknowledge that we are reliant on third parties for data and information that is provided on the APM Website and that such data and information enables us to provide the Services. Without limiting the generality of the foregoing, we do not make any representations or warranties that the APM Website will be uninterrupted or error-free or that the Content on the APM Website will be accurate, complete and/or up-to-date (including without limitation any Content created through the use of algorithms). To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited in the manner detailed in the following paragraph.
In no circumstances will a party be liable to the other party for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data and/or opportunity). Our liability to you for the provision of the Services will be limited to re-supplying the relevant Services to you or refunding you a prorate amount of the subscription fees paid by you for the relevant Service (at our option). Your liability to us will be limited to the fees payable by you to us for the supply of the Services over a 12 month period.
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 in respect of the Services 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.
APM Copyright and Disclaimer
Source: Australian Property Monitors (Customer service centre: 1 800 817 616). Copyright Australian Property Monitors Pty Limited.
Published and compiled by Australian Property Monitors Pty Limited ACN 061 438 006. Level 5, 100 Harris Street, Pyrmont NSW 2009 (Publisher).
In compiling this publication, the Publisher relies upon information supplied by a number of external sources. The publication is supplied on the basis that while the Publisher believes all the information in it will be correct at the time of publication, it does not warrant its accuracy or completeness and to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage sustained by subscribers, or by any other person or body corporate arising from or in connection with the supply or use of the whole or any part of the information in this publication through any cause whatsoever and limits any liability it may have to the amount paid to the Publisher for the supply of such information.
New South Wales Land and Property Management Authority
Contains property sales information provided under licence from the Land and Property Management Authority.
State of Victoria
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.
State of Queensland
All Licensed Data must bear the following notice:
© State of Queensland (Department of Natural Resources, Mines and Energy) 2020. 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; more information at www.propertydatacodeofconduct.com.au.
All Licensed Data Products (with the exception of those sent by SMS) must bear the following notice:
Based on or 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 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; more information at www.propertydatacodeofconduct.com.au.
End User Terms
- Direct Marketing means one to one marketing using personal details (e.g. name, address, email address or other personal information), normally supported by a database/resource, 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, Mines and Energy) 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 or any other Licensed Data Products(s).
- Mail Merge Functionality means a facility under which a form letter can be sent to many recipients with each letter personalised using a Licensed Data Product. The facility takes each recipient’s name and/or address (from a Licensed Data Product) and enters it in its usual place on a form letter, and may also print out mailing labels.
- PIIPD Code of Conduct is the Personal Identification Information in Property Data Code of Conduct for access to bulk data including identified information in the Queensland Valuation and Sales System (QVAS) database. More information about the PIIPD Code of Conduct can be found at www.propertydatacodeofconduct.com.au.
- 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.
I acknowledge that I have no rights of ownership in the Licensed Data. The State of Queensland (Department of Natural Resources, Mines and Energy) 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.
I acknowledge that the State of Queensland (Department of Natural Resources, Mines and Energy) 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.
- I agree that I will not use the Licensed Data Product(s) to provide a Mail Merge Functionality, or with the intention of encroaching upon the privacy of an individual or for Direct Marketing and I will comply with the Privacy Laws and the PIIPD Code of Conduct as applicable.
Permitted Use Terms – Licensee’s Customers
I agree to use the Licensed Data Products that I receive from Australian Property Monitors and/or any customer of 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.
Government of the State of South Australia
The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government 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 in this information remains with the Crown in right of the State of South Australia. The information is reproduced under licence from the Crown.
The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.
Crown in Right of Tasmania
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 employee 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
Australian Capital Territory
The 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 permission. Enquiries should be directed to:
Environment and Planning Directorate
GPO Box 158
CANBERRA ACT 2601.
Copyright in the underlying data for the Northern Territory is owned by the Northern Territory of Australia represented by the Department of Infrastructure, Planning and Environment for which no responsibility is accepted.
Western Australian Land Information Authority (Landgate)
The APM Property Data is derived from Landgate’s location information
© (2020) Western Australian Land Information Authority
End User Terms
(a) The End User must:
(i) only use a Value Added Product for its personal or business purposes; and
(ii) not sell, license, hire, let, trade, expose for sale, or derive revenue from the Value Added Product or part of the Value Added Product, except where an End User is on-providing the Value Added Product, in the same format as received from the Licensee, to the End User’s customers;
(b) the End User acknowledges that:
(i) the Value Added Product is derived from Landgate’s location information, © (2020) Western Australian Land Information Authority;
(ii) Western Australian Land Information Authority owns all copyright in the location information which is protected by the Copyright Act 1968 (Cth) and apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968 (Cth), all other rights are reserved and no location information, or part of the location information, may be reproduced, distributed, commercialised or re-used for any other purpose without the prior written permission of Western Australian Land Information Authority (Landgate);
(iii) the location information that the Value Added Product is derived from is provided by Landgate in good faith on an “as is” basis and while Landgate has made every effort to ensure the accuracy, reliability, completeness and suitability of the location information, Landgate:
(A) does not give any guarantee or take any responsibility or accept any liability (including liability in negligence) arising from or connected to any errors or omissions in the location information;
(B) accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the End User’s use or reliance on the location information;
(iv) reliance on the location information may only be placed on the original source documents such as the certificate of title and survey plan available from Landgate;
(v) it must exercise its own skill and care with respect to the use of the location information, and before relying on the location information, the End User must carefully consider its relevance to its purpose and obtain any professional advice appropriate to its particular circumstances;
(vi) areas and dimensions shown in the location information and Value Added Products may be approximate values only and the End User must refer to official registered documents, survey plans, diagrams etc. available from Landgate for accurate area, dimensions and other information; and
(vii) the location information that the Value Added Product is derived from may be subject to Privacy Legislation and contractual restriction on its publication and Landgate takes no responsibility for any breach of Privacy Legislation by any person in relation to the location information;
(c) the End User consents to its information being collected and provided to Landgate for audit and inspection purposes.