SAILIS Terms of Use

1.APPLICATION OF TERMS


1.1. These Terms apply to your use of or access to any services provided via the internet by us, such as the Platform, including to acquire any Products or to access the Content (together the Online Services) except to the extent that you, or the entity which provided you with Credentials to access the Online Services, have or has, or have or has the benefit of, a separate agreement with us governing the use of and access to the Online Services, in which case that other agreement will apply.


1.2. Some of the Products, Content and other Online Services (including the Regulated Services and Products) are available through other means as outlined on our website from time to time. To the extent that you are unable to obtain access to those Products, Content or other Online Services, including under these Terms, you may continue to access those Products, Content or other Online Services through those alternative means.


2.ACCEPTANCE OF TERMS


2.1. If you do not accept and agree to be bound by these Terms, you must immediately leave the Platform and otherwise refrain from accessing or using the Online Services.


2.2. By using the Online Services you accept and agree to be bound by these Terms (in their current form as at the time you click “I agree”, "I accept" or any other similar phrase or button indicating your agreement to these Terms) and acknowledge that you have read and understood the Terms.


2.3. These Terms apply immediately on their acceptance and, unless terminated earlier in accordance with these Terms:
(a) in respect of any Online Services the subject of a Subscription Plan, expire at the conclusion of your applicable Subscription Plan; and
(b) in respect of any other Online Services, continue for so long as you continue to access or use those Online Services.


3.ELIGIBILITY


3.1. The Online Services are available only to entities which can form legally binding contracts under the applicable law.
3.2. If you cannot enter into legally binding contracts, you must immediately leave the Platform and otherwise refrain from accessing or using the Online Services.


4.LICENCE


4.1. Subject to these Terms and payment of any applicable fees under clause 8, LSSA grants to you a non-exclusive, non-transferable, non sub-licensable, revocable, limited licence to access and use the Online Services solely for the Authorised Purpose (Licence).


4.2. Except as expressly permitted by these Terms or to the extent permitted by Law, you must not, and ensure that your Personnel do not:
(a) cache or store, or attempt to cache or store, the Content for the purpose of setting up, creating, or adding to another database (whether permanent or temporary) or with the intent to create a copy of all or any portion of the Content for resale purposes; (whether permanent or temporary) or with the intent to create a copy of all or any portion of the Content for resale purposes;
(b) decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Online Services or the Content, including any source code, object code, algorithms, methods or techniques used or embodied therein or any Data forming part of the Content;
(c) reproduce, display, store, print, publish, distribute, commercialise, perform, modify, adapt, or create derivative works from or based on all of or any component of the Online Services;
(d) license, sublicense, distribute, resell, disclose, incorporate into any database, commercially exploit or otherwise transfer the Online Services to any third party, or use the Online Services on behalf of any third party;
(e) remove, obscure or alter any copyright, trade mark, logo or other proprietary notice, or falsify or delete any author attributions, legal notices or other labels appearing on or in the Online Services relating to or in connection with the origin or source of the Online Services;
(f) incorporate any portion of the Online Services into any other materials, products or services that are not within the Authorised Purpose;
(g) use the Online Services in a manner intended to avoid incurring fees or minimise the applicable fees payable;
(h) permit another person to use the Online Services with your Credentials;
(i) use the Online Services on another user's Credentials, even if you also have Credentials;
(j) damage, interfere or harm the Online Services or any network or system underlying or connected to, integrated or interoperated with the Online Services (including the LSSA Systems);
(k) circumvent (or attempt to circumvent) any security or authentication measures of the Online Services or the LSSA Systems or any other system, network or server connected to the Online Services or LSSA Systems;
(l) attempt to scan or test the vulnerability of LSSA's or the State’s hardware, software, information networks or systems (including the LSSA Systems) or any Third Party System or otherwise attempt to breach or circumvent LSSA’s or the State's data security or authentication processes;
(m) data mine, scrape, crawl, email harvest or use any process or processes that send automated queries to the Online Services or the Content (including robots or spiders);
(n) use any robot, spider, or other similar device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform and the Products or which otherwise impacts on the availability of the Online Services to other users; or
(o)  use, or offer to use, the Online Services or any Content with the intention of encroaching upon the privacy of an individual or to target vulnerable persons or those knowingly susceptible to financial distress or otherwise with the intention or effect of breaching the Privacy Laws or in connection with any direct marketing activities, including any telemarketing campaign or telephone survey.


4.3.You acknowledge that:
(a) the Licence does not extend to any right in or to the source code comprised in any software in the Online Services;
(b)in accessing the Online Services, you at all times will comply with all Laws;
(c)you are responsible for obtaining access to the Online Services, and for all costs and expenses in connection with purchasing any Products through the Online Services, including internet service provider fees, telecommunications fees, and the cost of any and all equipment (including development tools, hardware, software and other technology); and
(d)we are not, and the State is not, liable for any delay, defect, deficiency and/or loss of service in connection with the Online Services or any Products or any Loss caused by (whether directly or indirectly):
(i)equipment, data or services supplied by you or any third party; or
(ii)any telecommunications organisation equipment or services (including any speeds or capabilities of such equipment or services) or any requirements of any telecommunications authority.


4.4. Without limiting the above, you must not undertake any action that will impose a burden or make excessive traffic demands on any of the LSSA Systems, any of the State's systems or any Third Party Systems hosting the Platform that we or the State deem, in our sole discretion, to be unreasonable or disproportionate site usage.


4.5. You must ensure that neither the security nor the integrity of the Products or any Content, nor the privacy of any individual to whom any information included in the Products or Content relates, is compromised, violated or otherwise prejudiced as a result, directly or indirectly, of any act or omission of you or your Personnel using the Online Services, including by, in any way, causing vulnerable persons or those persons knowingly susceptible to financial distress to be targeted.


5.CONTENT


5.1. While LSSA endeavours to ensure that all Content is accurate, complete, up-to-date, reliable and error-free, you acknowledge that this may not always be the case and that LSSA and the State do not represent or warrant that this will be the case.  You also acknowledge that the Content is subject to change without notice.


5.2. The Online Services are not intended to be used in place of a formal appraisal, valuation or underwriting tool and are of a general nature and should not be construed as specific advice nor, in respect of any valuation incorporated in the Online Services, replace a valuation by a professional valuer.  Before relying on the Online Services, we recommend that you consider the accuracy, currency, completeness and relevance of the Online Services and consider the suitability of that information or data for your own individual purpose and requirements.


5.3. To the extent the Content includes information relating to, or attributes of, a property or building, we do not make any comment or guarantee in respect of the state of the property or the building.  The Online Services will not identify issues available upon inspection of the property or building including, without limitation, structural, weather tightness, contaminants, regulatory, legal, title, town planning or stability issues.  You are solely responsible for identifying any such issues.


5.4. Any map showing property boundaries or comparable sales is indicative only and may not be complete or accurate.


5.5. Subject to any requirements of the Real Property Act, any Content may be changed, withdrawn or discontinued at any time and without notice.  Also, the format and Data incorporated in any Product may change from time to time without notice.


5.6. The Content is provided from Australia and may not be available, appropriate or lawful for use in other jurisdictions. The Content does not necessarily reflect the views or opinions of LSSA or the State.  The Content may not be tailored to your particular circumstances and does not constitute advice or a recommendation.


5.7. You agree that you have exercised your independent judgment in accessing the Online Services and have not relied on any representation made by LSSA or the State which has not been stated expressly in these Terms.  LSSA and the State accept no liability for any use of the Online Services, Content or any reliance placed on them.  Any use of or reliance on the Content is entirely at your own risk and you acknowledge and agree that it is your responsibility to verify any Content and otherwise seek your own independent advice.


5.8. If you use automatic language translation services in connection with your use of the Online Services, you do so at your own risk.


5.9.The Content is subject to change without notice.


6.ACCESS TO THE ONLINE SERVICES


6.1. LSSA will provide the Credentials (which may include individual Credentials for each of your authorised Personnel which you may provide to your authorised Personnel) to allow access the Online Services in accordance with these Terms.


6.2. You acknowledge that we may update the Credentials from time to time consistent with our security measures, protocols and procedures or otherwise whenever we consider it necessary to protect the security or integrity of the Online Services.


6.3.You acknowledge that:

(a) you must take all steps necessary to protect, and you are responsible for protecting, the Credentials from theft, loss, fraudulent or unauthorised use ; (including, as reasonably necessary, comply with any instructions issued by us from time to time to protect the security or integrity of the Online Services or any LSSA System or Third Party System);

(b) you are responsible for all use of the Credentials, including all ordering of Products using the Credentials (whether by your authorised Personnel or otherwise) and we are entitled to rely upon, and process, any order we receive for Products using the Credentials;

(c) you are responsible to ensure only your authorised Personnel have access to and use the Credentials;

(d) we are not, and will not be, responsible for any Loss, claim or other liability that may arise from the authorised, unauthorised or fraudulent use of the Credentials; and

(e) if the Credentials are lost or stolen or if you reasonably become aware of any unauthorised access to the Online Services by any of your Personnel or any other person, it is your responsibility to immediately notify us of that occurrence so that the Credentials can be deactivated and a new one assigned.


6.4. Your obligations in clause 6.3(a) to 6.3(d) do not apply to the theft, loss, fraudulent or unauthorised use caused by LSSA.

6.5. To the extent any use of the Online Services requires the application of a digital signature, you warrant that you are authorised to use that digital signature in the manner used and, upon the reasonable request of LSSA from time to time, you agree to provide LSSA with all information reasonably requested to demonstrate that authority.

6.6.You must also indemnify us and the State against any Loss or damage we or the State may suffer due to any claim, demand or action of any kind brought against us or the State arising directly or indirectly because you did not comply with your obligations under these Terms to protect your Credentials.


7.RESTRICTION OF ACCESS AND ACCEPTABLE USE


7.1.You must at all times act reasonably when accessing the Online Services.


7.2.You understand that in addition to our rights in clause 10 and 17, we may, acting reasonably, suspend your access to the Online Services if:
(a) we or the State reasonably believe that such suspension is necessary to protect the Online Services or security of the Content;
(b) we or the State reasonably believe that your usage pattern of the Online Services is excessive or unreasonable in that it will, or could, impact on other users of the Online Services any other LSSA System or any of the State's systems; or
(c) there is any event of degradation or instability in the Online Services, any other LSSA System or any of the State's systems whether caused by you, your Personnel or otherwise.


7.3. We will reinstate your access to the Online Services as soon as reasonably practicable once the matters giving rise to the suspension have been reviewed, remediated or rectified (having regard to the circumstances underlying the reason for the suspension).


8.FEES AND REFUNDS


8.1. You acknowledge that accessing the Online Services, for example, ordering Products or Lodging Plans, may:
(a)give rise to a fee determined by the State or LSSA; or
(b)involve the payment of a recurring, periodic subscription fee under a Subscription Plan,
or both, which you, or the entity which provided you with your Credentials to access the Online Services of its behalf, will be required to pay to LSSA.


8.2. These fees will either be published online on the Platform, or communicated to you through methods we consider reasonable and which are known to you (e.g. in a relevant Subscription Plan or in email correspondence or as otherwise published by the State pursuant to any Laws) before you access the relevant Online Services.


8.3. We may, at our discretion (or as directed by the State), increase the fees for the Online Services.  We will do this by providing written notice to you of our intention at least 30 days prior to the application of the fee increase.  For any Online Services not subject to a Subscription Plan, upon receipt of such a notice, you may terminate your access to the Online Services by providing us written notice in accordance with clause 17.2 or otherwise ceasing to use the Online Services.  You acknowledge that, if you access the Online Services (including purchasing Products) after the date the increase in fees occurs, you will be responsible for any fees which are incurred.  Fees for Subscription Plans will be revised in accordance with clause 28.


8.4. You acknowledge that by ordering Products or otherwise accessing the Online Services you authorise LSSA to apply the relevant fee for the relevant Product or accessing the relevant Online Services to your account, or the account of the entity which provided you your Credentials to access the Online Services on its behalf (subject to any applicable approved credit limit).  Except to the extent that you are entitled to a refund under a Law (including the ACL) or as otherwise contemplated in these Terms, all fees, once paid or applied to your account, are non-refundable, even if you stop accessing the Online Services.


8.5. If you ask us to cancel an order of a Product prior to invoicing we may agree (in our sole and absolute discretion).  We may, but are not required to, cancel a Product order just because you have changed your mind or because you have made mistakes in data entry.


8.6. Refunds may be subject to approval of the State. and, in which case, will be made in the State’s absolute discretion.  Any applications for a refund of any fees should in the first instance be directed to LSSA in accordance with clause 27.  You may expect a refund if we cannot supply a Product ordered or the Product is significantly different from a sample shown or if it is not acceptable quality.  However, we may not necessarily provide you with a refund just because you change your mind.  In some instances, the State may direct a portion of the applicable fees be retained for administrative purposes and that any decision as to any degree of refund will be made in the State’s sole and absolute discretion.


8.7. We will submit invoices to you, or the entity which provided you with your Credentials to access the Online Services on its behalf, for your use of the Online Services and you must pay, or procure the payment of, the total amount of each invoice if we require you to do so, at the time or ordering or purchasing the relevant Online Service or, in any other case, no later than 30 days after the receipt of that invoice.  All payments that are required to be made under these Terms must be made without any set-off, counterclaim or condition and without any deduction or withholding for any tax or any other reason, unless you are required to make a deduction or withholding by applicable Law.


8.8. Unless otherwise agreed, all payments to be made to us under these Terms will be made by deposit to a bank account in Australia nominated in writing by us by way of standing instruction to you.


9.GST


9.1. Words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in the GST Act.


9.2. Unless otherwise stated, any consideration relating to the Online Services does not include any amount for GST.


9.3. If a supply under these Terms is subject to GST, the recipient of the supply must pay to the supplier an additional amount equal to the amount of consideration multiplied by the applicable GST rate.


9.4. The additional amount is payable at the same time as the consideration for the supply is payable or is to be provided.  However, the additional amount need not be paid until the supplier gives the recipient a Tax Invoice.


9.5. If the additional amount differs from the amount of GST payable by the supplier, the parties must adjust the additional amount accordingly.


9.6. If a party is entitled to be reimbursed or indemnified under these Terms, the amount to be reimbursed or indemnified does not include any amount for GST for which the party is entitled to an input tax credit.


10.MODIFICATION OF THE ONLINE SERVICES


10.1. We may at any time modify, change or refine the features and functionality of the Online Services (including modification, change or refinement that we require to change, vary or replace our own systems and processes) and any Product.


10.2. For any Products the subject of a Subscription Plan, if, at any stage, we decide to cease all or any portion of the Online Services, or reduce functionality, below the basic features applying at the commencement of your current Subscription Plan, we will give you more than 30 days prior written notice after which you may, by giving us written notice, cancel your existing Subscription Plan in respect of those impacted Online Services with such notice to be given within 30 days of us notifying you of the change.  In these circumstances only, we will refund, on a pro-rata basis, the unused fees paid for the remaining period of your Subscription Plan.


10.3.You acknowledge that:
(a) the Online Services may integrate or interoperate with other LSSA Systems, the State's systems or Third Party Systems;
(b) the Online Services may not operate in an uninterrupted manner, be available 24 hours a day, 7 days a week, and notwithstanding reasonable efforts by LSSA, may not or be secure;
(c) LSSA may be required, from time to time to maintain (including by performing network, hardware, software or service maintenance services or upgrades), close down, curtail or provide on a reduced or restricted basis the Online Services, without liability, on the following bases:
(i) if there is:
A. any planned maintenance, repair, or alteration of the Online Services or the LSSA Systems (as it relates to the Online Services); or
B. any upgrade or major repair work (for example, caused by an event of Force Majeure) to the Online Services or any other system (whether owned, operated or controlled by LSSA or a third party) which integrates, interfaces or interoperates with the Online Services,
(ii)if there is a failure of any component of the Online Services which restricts or would be likely to restrict, reduce or curtail our ability to provide access to the Online Services under these Terms;
(iii)in order to comply with any direction or instruction of the State in respect to the Online Services or the Products;
(iv)in order to comply with any service levels or availability or capacity management obligations owed by us to the State under our agreement with the State;
(v)in order to comply with any applicable Law or in the event of any statutory inspection, for the period required to enable such compliance; or
(vi)if an event of Force Majeure occurs.


11.THIRD PARTY SERVICES AND LINKED WEBSITES


11.1.The Platform may include links to other websites operated by community, business and government.  These linked websites will have their own terms and conditions of use and you should familiarise yourself with those terms and conditions.  If the Platform includes links or references to information or services that are not provided by LSSA, then unless expressly stated otherwise, these links are provided on an “as is” basis and neither LSSA nor the State:
(a)endorse, recommend or approve them or the practices of the organisations that operate them, or any information, materials or goods or services referred to or provided by them;
(b)make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to the Platform;
(c)make any warranties or representations that material on other websites which link to, or are linked from, the Platform does not infringe the Intellectual Property Rights of any person anywhere in the world; or
(d)authorise the infringement of any Intellectual Property Rights contained in material in other websites by linking to those other websites,
and any such links or references are provided for convenience only and may not remain current.


12.COLLECTION AND USE OF INFORMATION AND PRIVACY


12.1.You acknowledge and agree that LSSA may collect Personal Information using the Online Services for providing Content to you, marketing purposes, our internal business purposes and any other specific purposes advised to you from time to time.  The information may be used by us, our related companies, the State, and may be disclosed to our and the State’s consultants or advisers.  Any disclosure of Personal Information by us, our related companies or our consultants or advisers will be governed by Privacy Laws and by our Privacy Policy and Privacy Statement (each found here: https://www.landservices.com.au/privacy).  Any disclosure of Personal Information to the State will be governed by the State’s Information Privacy Principles found at https://www.dpc.sa.gov.au/documents/rendition/DPC-Circular-Information-Privacy-Principles-IPPS-Instruction.pdf.  Our Privacy Policy and Privacy Statement each include details of:
(a)how we collect, hold, store and share Personal Information;
(b)the circumstances in which your Personal Information might be sent overseas;
(c)your rights of access to, and correction of, your Personal Information; and
(d)the security measures we have in place over your Personal Information.


12.2.You acknowledge that if you provide Personal Information of others as part of your use of the Online Services, you must only do so if that person agrees to you doing so and to us collecting, holding, using and disclosing their personal information in accordance with this clause and our Privacy Policy and Privacy Statement.


12.3.You are not required to provide us with your Personal Information by any Law, however if you fail to do so, we may not be able to carry out the purpose for which the Personal Information may be collected and used.

12.4.Without limiting clause 12.1, you acknowledge and agree that any Personal Information we collect about you via the Online Services may be disclosed by us to the State, and used by the State for:
(a)the purposes of:
(i)carrying out, performing or exercising any of the State's rights, functions, duties, powers or obligations; (including incorporating that Personal Information on public registers or other publicly available documents, as necessary or appropriate to meet legislative requirements);
(ii)conducting any of the State's operations; or
(iii)performing any obligations, or exercising any rights, under any applicable Law, any arrangements internal to the State, or any arrangements between the State and the Commonwealth, another state or territory, a local council, the Local Government Association of South Australia, a government owned corporation, or an Australian university; or
(b) any other related governmental activity or purpose or any other purpose required or permitted under Law.


12.5.In addition, we may collect information relating to your access to, or use of, the Online Services, such as the domain name, IP address from which the Platform is visited, the date and time of the visit to the site, the pages accessed and documents downloaded, the previous website visited and the type of browser used and use that data to, among other things, analyse trends and statistics.  We also may use “cookies” on our Platform which is a small text file that our Platform may place on your computer.  Cookies are an industry standard and are used as a means for our Platform to remember your preferences.  In some cases, cookies may enable us to collect and store Personal Information about you. If you wish, you can disable cookies via your internet browser. If you disable “cookies” then you may not be able to use our Platform to its full functionality.


12.6.You may contact LSSA (refer below) if you have any questions regarding our use of your Personal Information or otherwise to request access to any Personal Information about you held by LSSA.

12.7.LSSA and the State do not guarantee the security of any information you may send to LSSA or the State using the Platform during its transmission, (including Plans lodged through the Plan Lodgement Portal), however LSSA will endeavour to protect such information once it is received.

12.8.You must ensure that you and your Personnel comply with the Privacy Laws in respect of any Personal Information used, disclosed, stored or received in connection with these Terms and your use of the Online Services (including Personal Information contained within the Platform, any Products, Data or Content).


13.GOOGLE


13.1.In addition to web server logs, we use Google Analytics, a web analytics service provided by Google Inc. (Google).  Reports obtained from Google Analytics are used to help improve the efficiency and usability of the Platform and allow LSSA to monitor traffic on the Platform so we can ensure the best quality content possible is delivered to you.


13.2.Google Analytics anonymously tracks how our visitors interact with the Platform, including where they came from, what they did on the site including what pages they visited and links they clicked.  The information generated by Google Analytics program will be anonymously transmitted to and stored by Google on servers located in the United States of America.  Further information can be obtained from the Google webpage and by visiting the site:  " How Google uses information from sites or apps that use our services", (located at www.google.com/policies/privacy/partners/ or other pages located at www.google.com.


13.3.Google can be contacted on Google's “Contact us” page.


13.4.Google will use this information to evaluate your use of the Platform, compiling reports on the Platform activity and providing other services relating to Platform activity and internet usage.  Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.


13.5.By accessing the Online Services, you consent to the processing of data about you by Google in the manner described in Google's Privacy Policy and for the purposes set out above.


13.6.You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.


14.INTELLECTUAL PROPERTY AND ATTRIBUTION


14.1. Unless stated otherwise, LSSA and the State own or license the copyright and all Intellectual Property Rights in the Online Services , (including, to avoid doubt, the Platform), Content and Data.  Nothing in these Terms transfers any right, title or interest in those Intellectual Property Rights to you and all Intellectual Property Rights in the Online Services, Content and Data remain with either the State or LSSA or their licensors.


14.2.Except as otherwise set out in these Terms, no licence, right to, title to or other interest in Intellectual Property Rights in the Online Services or the Content is granted to you.


14.3.Some of the Online Services may allow you to display Content over a variety of base maps.  The content of these base maps have been provided by a number of sources internal and external to LSSA and the State.  The aerial imagery has been acquired by LSSA from organisations that make satellite imagery available for use in the public domain under certain conditions.  The Platform uses imagery made available through AWS Location Services and its Geolocation Provider, Esri.


14.4.You grant us a perpetual, irrevocable, transferable, non-exclusive, world-wide, royalty-free license (including the right to grant sub-licences to any person) to use, copy, modify, adapt, publish, distribute, create derivative works of, transmit or broadcast, any content (including but not limited to all Intellectual Property Rights in such content) that you upload to the Online Services (Your Content) for the purposes of:
(a)supplying the Online Services to you or the same or equivalent services, content or products to any other entity;
(b)us carrying out our obligations to the State and exercising our rights under our contracts with the State; and
(c)us or the State:
(i)carrying out, performing or exercising any of the State's rights, functions, duties, obligations or powers;
(ii)carrying out any of our or the State's operations;
(iii)performing any obligations, or exercising any rights, under any applicable Law, under arrangements internal to the State, or under any arrangements between the State and the Commonwealth, another state or territory, a local council, the Local Government Association of South Australia, a government owned corporation, or an Australian university; or
(iv)carrying out any other governmental activity or purpose.


14.5.You authorise us to grant to the State, in perpetuity, the benefit of our entitlement to use and otherwise deal with Your Content.


14.6.You represent and warrant that:
(a)you have the ability to grant the licence in clause 14.4 and grant the authorisation in clause 14.5 above and nothing further is required to grant that licence; and
(b)use of Your Content by us or any third party authorised by us will not infringe any rights (including any Intellectual Property Rights) of any person.


14.7. You agree that you will ensure that at no time will Your Content contain any material that is defamatory, libellous, hateful, discriminatory, obscene, pornographic or similarly illegal or offence and you agree that you will be solely responsible for any consequences that are connected with the sending or lodgement of any such material.

14.8. In relation to Your Content, you:

(a) consent to, and do all things necessary to procure the consent to, the infringement of; and

(b) otherwise waive, and do all things necessary to procure the waiver of, (to the extent such a waiver is possible),

all moral rights (as that terms is defined under the Copyright Act 1968 (Cth)) in Your Content to the fullest extent possible under the laws of any applicable jurisdiction, including:

(c) the failure to acknowledge you as the author of Your Content;

(d) the false attribution of authorship of Your Content; and

(e) alteration of Your Content by adding to, removing elements from, or rearranging elements of, the material, including without limitation combining elements of any of Your Content with any other material.


15.AVAILABILITY


15.1.You acknowledge and agree that utilising the Online Services uses the Internet or other communication networks which are not operated by LSSA or the State and which may be affected by factors outside of LSSA’s or the State’s control.  Accordingly, LSSA or the State cannot guarantee the availability of all or any portion of the Online Services.


15.2.You acknowledge and agree that accessing the Online Services may involve charges for data imposed by your carrier or service provider (including if you are accessing the Online Services through a mobile provider).  It is your responsibility to be aware of these charges and LSSA or the State not responsible for any charges you may incur through use of the Online Services.


16.SECURE TRANSMISSIONS, PROTECTION FROM VIRUSES AND INTERFERENCE


16.1.No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we or the State make no warranty and do not ensure the security of any information which you transmit to us and any such information is transmitted at your own risk.


16.2.You must take your own precautions to ensure that the process which you employ for accessing the Online Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  LSSA and the State do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Online Services or any linked website.


17.TERMINATION, RESTRICTION OF ACCESS AND SUSPENSION


17.1.We may immediately terminate your access to the Online Services by giving you written notice to that effect if:
(a)our right to licence or supply any or a portion of the Online Services is terminated (including, where the supply of the Online Services becomes contrary to Laws or where the State directs us to cease supplying the Online Services);
(b)you are in breach of any of these Terms and have failed to rectify any such breach within seven days' notice by us to do so;
(c)you become the subject of insolvency proceedings; or
(d)the State directs or requires us to do so.


17.2.You may terminate your access to the Online Services:
(a)If you have not agreed to a Subscription Plan, by notifying us and ceasing to access and use the Online Services.  
(b)If you have agreed to a Subscription Plan that has a defined end date, by providing written notice to us. However, you will be required to pay the fees for the subscription component of your Subscription Plan until that defined end date and any unpaid invoices.
(c)If your Subscription Plan is on a month-to-month basis, you may terminate that Subscription Plan at any time by providing written notice to us and your Subscription Plan will terminate at the end of the billing period following the provision of your notice of termination.


17.3.Upon termination or expiration of these Terms, the Licence granted pursuant to clause 4.1 immediately ceases and you must:
(a)cease using the Online Services; and
(b)if requested by us, demonstrate to our reasonable satisfaction, by providing evidence, that you have fully complied with the obligations under this clause.


17.4.Without limiting any other rights we may have under these Terms, we may, without liability, immediately suspend your access to the Online Services at any time and for as long as:
(a)we reasonably suspect or have reason to believe you are not complying with these Terms in all respects;
(b)there is any immediate risk to the security of the Online Services or we are otherwise directed to do so by the State;
(c)any material amounts owing to us by you, or the entity which provided you with your Credentials to access the Online Services on its behalf, remain outstanding (whether in respect of the Online Services or under any other arrangements between you and us); or
(d)we have provided credit to you, or the entity which provided you with your Credentials to access the Online Services on its behalf, under a Credit Application and you or the entity which provided you with your Credentials to access the Online Services on its behalf:
(i)have or has exceeded or, in our reasonable opinion and based on your or its usage of the Online Services and other services and products provided by us to you or it, you or it are likely to exceed the applicable Available Credit under the Credit Application; or
(ii)are otherwise in breach of the Credit Application.

17.5. We will reinstate your access to the Online Services as soon as reasonably practicable once the matters giving rise to the suspension have been reviewed, remediated or rectified (having regard to the circumstances underlying the reason for the suspension).


18.NO WARRANTIES


18.1.The Online Services and the Content are provided on an 'as is' basis and to the fullest extent permitted by Law and subject to any liabilities and obligations which cannot be excluded by Law (including under the ACL or the Real Property Act), we and the State do not warrant:
(a)that the functions contained in the Online Services will meet your requirements;
(b)the accuracy or completeness or reliability of the Online Services or the Content; or
(c)that your access to the Online Services or any part of the Online Services will be uninterrupted or error free, that defects will be corrected or that the Online Services or the server that makes them available are free of viruses, bugs or malicious code or other forms of interference which may damage your device.


19.DISCLAIMER


19.1.LSSA and the State do not attempt or purport to exclude any liability arising under statute if, and to the extent, that liability cannot be lawfully excluded.  However, LSSA and the State exclude to the extent lawfully permitted all liability for any Loss or damage of whatever kind (including consequential or incidental damage) and however arising (including due to negligence) that you may suffer, directly or indirectly, in connection with your use of or reliance on the Online Services.  Any warranties, guarantees, representations or other assurances implied or imposed by law or statute are expressly excluded to the fullest extent permitted by law. To the extent that any cannot be excluded, the liability of LSSA and the State will be limited to the cost of the resupply of the applicable Online Services.


19.2. To the extent that any statutory guarantees apply to the Online Services under the ACL then our (and, where applicable, the State’s) liability in respect of those guarantees is limited to:
(a) in the case of the Online Services incorporating the provision of goods, to any one or more of the following, as we may in our absolute discretion determine:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b)  in the case of the Online Services incorporating the provision of services, to any one or more of the following, as we may in our absolute discretion determine:
(i) whether we will supply the services to you again; or
(ii) the payment of the cost of having the services supplied again, except as expressly provided elsewhere in these Terms.


19.3.The limitation in clause 19.2 will not apply if:
(a)the Online Services or associated goods are services or goods that are 'ordinarily acquired for personal, domestic or household use or consumption' (as that expression is used in the ACL); or
(b)it is not 'fair or reasonable' (as that phrase is used in the ACL) for us (or where applicable the State) to rely on that limitation.


19.4.To the extent not otherwise excluded or limited under these Terms, and to the maximum extent permitted by Law, in no event will LSSA or the State’s aggregate liability to you, exceed the amount of fees paid by you in the 12 months’ prior to the date of your Loss.
19.5.To the maximum extent permitted by Law and subject to the ACL, in no event will LSSA or the State be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind (including without limitation loss of profits, loss of data or damage to any equipment) arising out of your use of or access to the Online Services or any Content, your inability to use the Online Services or any Content, or the interruption, suspension or termination of the Platform or any Content (including any damage incurred by third parties).


20.LIMITATIONS ON TERMS


20.1.These Terms are not intended to operate:
(a)to limit or affect the State's rights, functions, duties, powers or obligations pursuant to any Law (including the Real Property Act);
(b)contrary to any Law;
(c)to limit the scope of, or substance of any services or products that the State, or LSSA in its capacity as the State's delegate, supplies in the course of performing any of the State's rights, functions, duties, powers or obligations under a Law (each a Regulated Service or Product);
(d)to limit any rights that you have, independent of these Terms, to use and deal with Regulated Services or Products; or
(e)to hinder, inhibit or otherwise limit or negatively impact the discharge or exercise of the State's rights, functions, duties, powers or obligations under a Law, including those that are delegated by the State to LSSA to exercise or perform.


20.2.To the extent that any of these Terms operate in a manner which causes any of the outcomes in clause 20.1 to occur, those Terms will be read down, or read to be varied as necessary, to give maximum possible effect to the relevant components these Terms in that context, or where this is not possible, the applicable components of these Terms will not apply.


21.INDEMNITY


21.1. You agree to indemnify and hold harmless LSSA and the State, their affiliates, agents, officers, employees and representatives from any loss, damage, expenses, penalties, claims or other liabilities that LSSA or the State may incur due to your use of the Online Services, any Content or any breach by you of these Terms (including arising from your infringement of any rights of a third party) except to the extent that such loss, damage or other liability was directly caused by LSSA and/or the State.


22.AMENDMENTS TO THESE TERMS


22.1. LSSA may at any time vary these Terms by publishing updated Terms on the Platform.  Any amendment will be subject to approval of the State.  You agree that any such updated Terms apply from seven (7) days after the time that they are published on the Platform.  Your continued use of the Online Services after LSSA publishes updated Terms constitutes your acceptance to be bound by the updated Terms.  Where you do not agree to any updates or revised terms, then you must immediately leave the Platform and otherwise refrain from accessing or using the Online Services.


23.BENEFIT OF TERMS


23.1.To extent that these Terms relate to terms that is given in favour of, confers a benefit on, or otherwise relates or refer to the State, LSSA holds the benefit of those terms to the extent they relate to the State on trust for the State.


24.NOTICE


24.1.A notice, consent, approval or other communication under these Terms (Notice) must be:
(a) in writing and signed by the sender or its duly authorised representative, addressed to the recipient and sent to the recipient’s address provided by you to LSSA in applying for your account or in your Subscription Plan; and

(b) delivered by personal service, sent by pre-paid mail, made available to you through the Platform or transmitted by email, or any other lawful means.


24.2.A Notice given in accordance with this clause 24 is treated as having been given and received:
(a)if personally delivered, on delivery;
(b)if sent by pre-paid mail, on the fifth clear Business Day after the date of posting (or the seventh Business Day after the date of posting if sent to or from an address outside Australia); and
(c)if sent by email, at the time of transmission by the sender, unless the sender receives an automated notice generated by the sender’s or the recipient’s email server that the email was not delivered, except that, if the delivery, receipt or transmission is after 5.00pm in the place of receipt or on a day which is not a Business Day, it is taken to have been received at 9.00am on the next Business Day.


24.3.A party may change its address for the delivery of Notices by notifying that change to each other party.  The notification is effective on the later of the date specified in the Notice or five Business Days after the Notice is given.


25.GENERAL


25.1.The laws of South Australia, Australia, apply to these Terms and all matters relating to the use of the Online Services.  You agree to submit to the non-exclusive jurisdiction of the courts of South Australia with respect to any claim or dispute regarding such matters.


25.2.If any part of these Terms is invalid or unenforceable, that part will be severed and not apply but the remainder of these Terms will continue to operate.


25.3. You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion as part of any corporate restructure or to the State, its nominee or such person or entity as from time to time takes over the assets or assumes the functions of us relevant to the performance of this Terms, or where such transfer of rights does not result in any material detriment to you.


25.4.These Terms constitute the whole of the agreement between us and you and sets out all of the parties' rights and obligations in relation to the Online Services, and replaces all earlier representations, statements, agreements and understandings.


25.5.Any waiver of our rights under these Terms is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our specified rights in those specified circumstances and will not waive any of our other rights, or the same rights in other circumstances.


25.6. The headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of these Terms.

25.7. Any indemnity under these Terms is independent and survives termination or expiry of these Terms, and any other term which, by its nature, is intended to survive termination or expiry of these Terms also survives that termination, including clauses 1.1, 5.1, 6., 9, 12, 14, 15, 16, 17, 18, 19, 21, 23, 26 and 25.


26.DEFINITIONS


26.1.In these Terms:


ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth) or the corresponding provisions of the fair trading legislation.
Authorised Purpose means your, or the entity which provided you with your Credentials to access the Online Services on its behalf, personal or business use (other than commercialising or exploiting the Online Services) and in respect of any Online Services that have specific terms, any other purposes specified in those terms.
Available Credit has the meaning given in the Credit Application.
Business Day means any day except Saturdays, Sundays and declared public holidays in South Australia.
Content means any materials provided by us to you, or any information or materials obtained by you (either directly or indirectly) as a result of or in connection with your use of the Platform (including acquiring or searching for any Products) and includes, without limitation, the Data.
Credentials means the individual credentials allocated to you (including any applicable username, token or password and any individual credentials for any of your authorised Personnel) and any additional security measures, procedures and protocols implemented by us from time to time enabling your access to the Online Services.
Credit Application means any credit application entered into between LSSA and you from time to time.
Data means the Products and the underlying data incorporated in the Platform or any Product whether owned by, or licensed to, LSSA.
Force Majeure means a circumstance beyond the reasonable control of the party seeking to rely on Force Majeure and which results in that party being unable to observe or perform on time an obligation under these Terms. Such circumstances include:
(a)acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster; and
(b)acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution.
Government Agency means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity which has relevant jurisdiction.
GST means GST as defined in the GST Act or any replacement or other relevant legislation and regulation and includes any interest or penalties charged in relation to the GST. 
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means any and all present and future intellectual and industrial property rights anywhere in the world including rights in respect of or in connection with any:
(a)related confidential information, trade secrets, knowhow or any right to have information kept confidential;
(b)copyright (including future copyright and rights in the nature of or analogous to copyright including any database rights);
(c)inventions (including patents);
(d)trade marks, service marks and other related marks;
(e)designs;
(f)business names, domain names and company names;
(g)semiconductor rights, eligible layouts and circuit layouts; and
(h)software, software programs and source code,
whether or not existing at the date of these Terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
Law means any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in any jurisdiction.
Licence has the meaning given in clause 4.1.
Lodgement means the submission of an application to lodge a Plan with LSSA using the Plan Lodgement Portal that is subsequently acknowledged by a record of receipt from LSSA and given a unique identification number.
Loss means any damage (whether foreseeable or not), loss, cost or expense (including reasonable legal fees) and which may arise directly or indirectly but does not include indirect or consequential loss or damage.
LSSA (or we, our, us) means to either Land Services SA Operating Pty Ltd (ACN 618 229 815) as trustee for the Land Services SA Operating Trust (ABN 86 836 650 939), trading as “Land Services SA”, in its own right and, to the extent that it provides any of the Online Services as delegate or agent of the State, in its capacity as delegate or agent (as the case may be) of the State.
LSSA System means each combination of equipment, software, services, networks (including telecommunications and data networks) and other infrastructure used by LSSA to provide the Online Services.
LTO means the Lands Titles Registration contemplated by section 12 of the Real Property Act..
Online Services has the meaning given in clause 1.1.
Personal Information has the meaning given in the Privacy Act.
Personnel means, in respect of a party, the officers, employees, contractors (including subcontractors) and agents of that party.
Plan means any plan or map that is capable of registration by the LTO or the General Registry Office under a relevant Law or as required by the Registrar-General, including cadastral plans, plans of division, uncertified plans or data plans.
Plan Lodgement Portal
means the electronic channel offered by LSSA from time to time to facilitate the lodgement of Plans through the Platform including “Digital Plan Lodgement” (as replaced or substituted from time to time).
Platform
means the platform located at https://sailis.lssa.com.au which, to avoid doubt, includes the Plan Lodgement Portal.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Laws means both the Privacy Act and any other law or guideline, order or direction made by a Government Agency or other authorised body under any law relating to privacy, data protection, surveillance, direct marketing, data security or the handling of Personal Information or data with jurisdiction over us or you (as applicable).
Products means certain data products, searches and services (whether offered by the State, LSSA or otherwise from time to time) made available through the Platform.
Registrar-General means the South Australian Registrar-General responsible for the administration of the Real Property Act pursuant to section 13 of the Real Property Act.
Real Property Act means the Real Property Act 1886 (SA).
State means Crown in Right of the State of South Australia.
Subscription Plan means a plan entered into between you and LSSA from time to time in respect of all or a portion of the Online Services.
Terms means the terms set out on this page, including any specific terms that relate to particular Online Services (including any Subscription Plan).
Third Party System means any software or system supplied by a third party with which any of the Online Services integrate, interface or interoperate with to allow LSSA to deliver the Online Services.
You and your means you personally, your business entity and officers, Personnel, employees and agents of your business entity.
Your Content has the meaning given by clause 14.4.


27.ASSISTANCE


For any assistance, please contact LSSA’s Customer Support Team between the hours of 9:00am to 5:00pm Monday to Friday.


Level 9, 101 Grenfell Street, Adelaide
Phone 08 8423 5000  
Fax 08 8423 5090
Country callers 1800 648 176 (toll free)
Email: [email protected]
GPO Box 1354 Adelaide SA 5001
www.landservices.com.au


28.LAND SERVICES PROPERTY EDGE AND PROPERTY WATCH


28.1.The following additional terms apply if you have entered a Subscription Plan with us in respect of the Product called 'Property Edge' (Property Edge) or the Product called 'Property Watch’ (Property Watch).


28.2. Term
(a) Your use of Property Edge or Property Watch will:
(i) commence on the Commencement Date; and
(ii) end on the End Date (unless otherwise extended or terminated earlier in accordance with the Terms), (Term).
(b) Subject to clauses 28.2(d) and 28.2(e), upon expiry of the Term, your Subscription Plan will automatically extend for the Renewal Period and:
(i) the revised End Date will be taken to be the last day of the Renewal Period; and
(ii) the terms of your Subscription Plan will remain in full force and effect.
(c) The automatic renewal under clause 28.2(b) will have multiple applications and will continue to apply each time the End Date is extended under that clause.
(d) For Property Edge, you are entitled, in your sole and absolute discretion, to deliver to us written notice of an intent not to renew, or any proposed changes to, your Subscription Plan, at any time during the Term but not less than 2 Business Days, prior to expiration of the Term (as extended under this clause 28.2).
(e) For Property Watch, if you choose to not continue your use of the Product after the End Date, prior to the End Date, you are responsible for unsubscribing each Certificate of Title in respect you do not wish to continue to receive Alerts.
(f) If:
(i) a notice is issued under clause 28.2(d) of your intent to not renew your Subscription Plan; or
(ii) under clause 28.2(e), you have unsubscribed from all Alerts under your Subscription Plan,
the applicable Subscription Plan will expire on the End Date (including your access to Property Edge or Property Watch) and, until expiry of the Term, you must, and we will, at all times act in good faith and continue to comply with our respective obligations under the Terms. Termination of the Subscription Plan does not terminate access to, or reduce any obligations you have, in respect of any other Online Services.


28.3. Property Watch Alerts
(a) For every Certificate of Title set out in your Subscription Plan, you will be subscribed to Property Watch for the Alerts and we will use reasonable endeavours to provide the results of the Alerts as soon as possible after the action underlying the Alert occurs. You acknowledge that, in acquiring Property Watch, you understand that an Alert provided to you only guarantees that the underlying action the subject of the Alert has occurred and that:
(i) an Alert could be triggered by the purchase by an end user of an applicable Product and that purchase could be for any reason unrelated to a sale, conveyance or transaction on the relevant Certificate of Title (including by error); and
(ii) an Alert is an indicator only and, while it may indicate a future sale, dealing, conveyance or transaction on the relevant Certificate of Title, we do not guarantee, warrant or represent that any such action will occur.


28.4. Authorised Purpose
Not with standing any of the Terms, you acknowledge that:
(a) for Property Edge, you may only use Property Edge for your personal or internal business purposes which includes the use of the Data obtained through Property Edge for inclusion in reports and advice prepared by you for your clients (but does not, in any way, allow you to provide raw data direct to your clients); and
(b) for Property Watch, you may only use Property Watch for your personal or internal business purposes which includes the use of any Alerts for internal research purposes, to increase your insights and knowledge into activity happening in your sale’s territory or areas of interest or otherwise to monitor assets you have an interest in; and
(c)  you may not use Property Edge or Property Watch with the intention of encroaching upon the privacy of an individual or to target vulnerable persons or those knowingly susceptible to financial distress or otherwise with the intention or effect of breaching the Privacy Laws or in connection with any direct marketing activities, including any telemarketing campaign or telephone survey.


28.5. Suspension to Property Edge
(a) Without limiting clauses 7.2, 17.1 and 17.4 above, you understand that we may, acting reasonably, suspend your access to Property Edge if we or the State reasonably believe that your usage pattern of Property Edge is excessive or unreasonable in that: it will, or could, impact on other users of Property Edge, any other LSSA System, a Third Party System or any of the State's systems; or, it causes, or could cause, us to breach any obligations we owe in respect of any Third Party System; or, it materially exceeds the average, expected or estimated usage patterns of Property Edge; or, it indicates you are using Property Edge in contravention of clause 28.4. We will use reasonable endeavours to reinstate your access to Property Edge as soon as reasonably practicable once the matters giving rise to the suspension have been reviewed, remediated or rectified (having regard to the circumstances underlying the reason for the suspension).
(b) Some of the Products, Content and other Online Services (including the Regulated Services and Products) available through Property Edge are available through other means as outlined on our website from time to time. To the extent that you are unable to obtain access to those specific Products, Content or other Online Services, including as a result of your suspension under these Terms, you may continue to access those specific Products, Content or other Online Services through those alternative means.


28.6. Charges
(a) The fees payable for your use of Property Edge or for each Certificate of Title subscribed to Property Watch, will be as initially set out in your Subscription Plan and are set for the Initial Term. The fees will apply from the Commencement Date and will be invoiced in accordance with the Invoice Terms. We will review the fees for Property Edge and Property Watch annually each 30 June, but you will only be required to pay the revised fees if the Term of your Subscription Plan extends beyond the Initial Term (including as a result of it being automatically extended under clause 28.2(b)). You understand that, upon each automatic extension of the Term, you will be required to pay the then current fees for Property Edge and Property Watch.
(b) You acknowledge that the fees payable for your use of Property Edge or Property Watch are, in addition to any fees or charges payable to the State, or us, in respect of any other Online Services, (such as you purchasing any Products), you acquire either through Property Edge, as a result of an Alert, or otherwise through accessing the Online Services.


28.7. Definitions
In this clause 28:
(a) Alerts means the active alerts set out in your Subscription Plan for Property Watch;
(b) Certificate of Title means, in respect of Property Watch, each property for which you are subscribed for;
(c) Commencement Date has the meaning given in your Subscription Plan for Property Edge or Property Watch (as applicable);
(d) End Date has the meaning given in your Subscription Plan for Property Edge or Property Watch (as applicable);
(e) Initial Term has the meaning given in your Subscription Plan for Property Edge or Property Watch (as applicable);
(f) Invoice Terms has the meaning given in your Subscription Plan for Property Edge or Property Watch (as applicable);
(g) Property Edge has the meaning given in clause 28.1;
(h) Renewal Period has the meaning given in your Subscription Plan for Property Edge or Property Watch (as applicable); and
(i) Term has the meaning given in clause 28.2(a).


29.PLAN LODGEMENT PORTAL (DPL)
29.1.The following additional terms apply if you are accessing the Plan Lodgement Portal.


29.2.Notwithstanding any of the Terms, you acknowledge that the Authorised Purpose for the Plan Lodgement Portal is to enable you to:
(a)prepare and Lodge Plans with LSSA electronically;
(b)pay any applicable fees for a Lodgement; and
(c)enquire as to the status of your Lodgement after its submission.


29.3.In using the Plan Lodgement Portal, you acknowledge that:
(a)you are required to ensure that each applicable Plan submitted for Lodgement:
(i)is compliant with the Approved Plan Format, the Plan Requirements and all Laws; and
(ii)otherwise contains any required documentation or information,
to allow LSSA to process and examine your Lodgement (including responding any Requisitions);
(b)you are required to pay all relevant fees incurred in respect of submitting the Lodgement for examination (including any applicable regulated fees and charges relevant to the Plan) and that you responsible to ensure that sufficient credit is available in your nominated direct debit account for this purpose;
(c)you will be charged the fee in relation to your Lodgement even if you have provided inaccurate or incomplete information, or in the event that your Lodgement is not processed as envisaged;
(d)no Lodgement will be processed until you pay the relevant fee;
(e)where a payment by you is declined, your Lodgement will not be further processed;
(f)you are solely responsible for the accuracy and completeness of all the information and documentation you provide in connection with your Lodgement, and that we are under no obligation to seek or obtain any missing information;
(g)you acknowledge that neither LSSA nor the State is responsible for:
(i)any error or delay in the assessment of your Lodgement;
(ii)failure to assess your Lodgement;
(iii)failure to notify you of a decision in relation to your Lodgement;
(iv)error in any title or other search made in relation to your Lodgement; or
(v)incorrectly assessing the Lodgement as a result of any inaccurate or incomplete information or documentation provided by you in respect to your Lodgement;
(h)LSSA is entitled to refuse to process your Lodgement at any time for any legitimate reason including if you fail to comply with these Terms or if your Lodgement does not fully comply with the Approved Plan Format, the Plan Requirements and all Laws.


29.4.Fee payment is through an approved credit card or by pre-arranged direct debit authority or as otherwise supported by LSSA or the State from time to time.  A tax invoice will be created during the payment process, and thereafter displayed in the Plan Lodgement Portal to signify the successful completion of the payment.


29.5.Definitions
In this clause 29:
(a)Approved Plan Format means the format of each of the regulated forms for an Instrument approved by the Registrar-General from time to time and as published by LSSA.
(b)Plan Presentation Guidelines means the plan presentation guidelines prepared by, or at the direction of, the Registrar-General from time to time which describe the specific requirements for Plans which are Lodged for acceptance by the LTO or General Registry Office.
(c)Plan Requirements for any Plan lodged, means:
(i)the requirements that must be satisfied for that Plan to approved for data or filed in accordance with any Law;
(ii)the relevant Approved Plan Format;
(iii)the relevant requirements of the Plan Presentation Guidelines; and
(iv)any other requirements for that Plan to be approved for data or filed as directed by LSSA or the Registrar-General from time to time.
(d)Requisition means a notice delivered to you by LSSA related to the Lodgement as permitted by Law including under section 220(d) of the Real Property Act as delegate of the Registrar-General in respect of the applicable Lodgement.
(e)Reference to LSSA includes reference to each of their respective Personnel.


POINTDATA TERMS OF USE
In addition to the general SAILIS Terms of Use set out above, the following Special Terms apply if you are purchasing or acquiring any Product which is nominated as a PointData Product (being Vendor Listing and Market Profile Report, Property Value Report and Property Development Potential Report) or any other Product nominated or declared as a “PointData” Product from time to time (PointData Product).


1. PointData Terms of Use
1.1 PointData Pty Ltd ACN 166 676 919 (' Company / us / we’) makes available for purchase various
products (‘each a ' Product’) including:


1.1.1 Vendor Listing & Market Profile Report;

1.1.2 Property Development Potential Report; and

1.1.3 Property Value Report.

1.2 These Terms of Use (the ' Terms') are a legally binding contract between you and us and govern your acquisition and use of the Product.

1.3 By purchasing or accessing the Product, you agree to be bound by these Terms.

1.4 If you do not agree to comply with these Terms, do not purchase or access the Product.

1.5 The Product relies upon data provided by third parties and external sources, including State based government agencies, to generate the Product (the ' Data').

1.6 You acknowledge that where you request information about a property located in a particular State or Territory in Australia (' State'), you have read and accepted the relevant section for each State contained in these Terms.

1.7 Headings are for convenience and do not affect the interpretation of these terms.


2. Product and Data
2.1 Each of the Products is generated by an algorithm that analyses the Data. A report is generated based on the outcome of the analysis.

2.2 The Product, amongst other things, relies on the following key assumptions (' Assumptions'):

2.2.1 the shape of the parcel of land is rectangular or square when applying the dimensions of area and frontage; and

2.2.2 all zoning information and planning policy is kept current by the relevant local government.

2.3 If any of the Assumptions are invalid, the Product may not be accurate and you should not rely on the estimations, valuations or projections contained in the Product.

2.4 There are a number of factors that could impact the estimations, valuations or projections in the Product, including but not limited to the following (' External Factors’):

2.4.1 changes in future interest rates and building rates;

2.4.2 economic conditions;

2.4.3 consumer and business confidence;

2.4.4 Government policy;

2.4.5 changes in law and taxation;

2.4.6 valuation data;

2.4.7 planning zoning and policies;

2.4.8 title information; and

2.4.9 real estate sales data.

2.5 We do not have any control over the External Factors.

2.6 You undertake, represent and warrant to us that you will seek independent legal, financial and other professional advice before making any decision to purchase or develop a property and will not rely on the information contained in the Product but will undertake your own analysis and assessment as to the value, viability and appropriateness of your proposed acquisition or development.


3. License
3.1 We grant you a non-exclusive, non-transferable, non-sub-licensable limited license to access and use the Product in accordance with the Terms.


4. Permitted Use
4.1 You must:

4.1.1 comply with the Terms at all times;

4.1.2 use the Product solely for the purpose for which it is intended, and in accordance with all laws;

4.1.3 only use the Product for personal use or for internal purposes within your business (and not for resale or the benefit of anyone outside your business); and

4.1.4 only use the Product within Australia.

4.2 You undertake, represent and warrant to us that you will not:

4.2.1 use the Data or Product for any other purpose other than as listed in clause 3.1.2 of these Terms.

4.2.2 distribute the Data or Product to third parties without the Company’s prior written consent;

4.2.3 use any list of addresses compiled from the Product (or other information contained in the Product) to facilitate the provision by any person of advertising matter or any other information to, or otherwise to facilitate any person contacting any other person, and whether for marketing purposes or for any other purpose, commercial or otherwise;

4.2.4 use the Product for any unlawful purpose or in any way that violates the rights of the Company or any licensor;

4.2.5 modify the Product or Data in any way;

4.2.6 reverse assemble, reverse engineer or reverse compile the Data, Product or any part of the Product;

4.2.7 infringe any intellectual property rights of the Company or any other person (including with respect to the Product or the Data); or

4.2.8 unless otherwise agreed with us in writing, purchase the Product for a third party.


5. Payment
5.1 Unless otherwise agreed to by us in writing, payment must be paid at the time of ordering the Product(s).

5.2 Payment must be made through our online payment platform (or such other means as we require at the time you order the Product(s).

5.3 The price of the Product includes any applicable taxes (including GST).

5.4 Except for any right under clause 7.13 of these Terms, you agree that you are not entitled to a refund of the purchase price of the Product for any reason after you purchase the Product.


6. Intellectual Property
6.1 All intellectual property rights in relation to the Data and the Product belongs to the Company or its licensors. You do not obtain an interest in any intellectual property rights of the Company or its licensors in connection with or relating to the Product, save for the limited license in clause 3.1.

6.2 All information, data (including the Data) and content in the Product, without limitation, is protected by Australian and international copyright and other intellectual property laws. You undertake, represent and warrant to us (for ourselves and on behalf of our licensors) not engage in any conduct or do anything which interferes with or breaches those laws or the intellectual property rights in the Product or Data.


7. Disclaimers
By acquiring or accessing the Product you acknowledge and agree to the following disclaimers, each of which limits any liability that we may otherwise owe you (whether in contract, tort or otherwise):

7.1 The Company does not warrant the accuracy or completeness of the information in the Product.

7.2 The information in the Product is general in nature, current as at that the date you acquire the Product (but not otherwise) and does not constitute advice.

7.3 The information in the Product is provided for general information purposes only and is a summary based on selective information which may not be complete for your particular purposes. We have not, and have no obligation to, take into account any of your particular
circumstances or goals.

7.4 As the Product does not take into account your particularly circumstances or goals you undertake, represent and warrant to us that you will:

7.4.1 seek advice specific to your circumstances from professional advisers before acting on any information in the Product;

7.4.2 consider whether it is appropriate for your circumstances; and

7.4.3 independently check the suitability of the Product, including by obtaining advice from appropriately qualified professional advisers.

7.5 Any estimated value or value ranges and target sales prices in the Product are based on public sales history (which has not been independently checked or verified by us) and may not include all sales. You acknowledge and agree that sales history and past performance is not indicative of future performance.

7.6 The Product does not guarantee any particular investment return, sale price, financial performance, or salability of a particular property or development.

7.7 The Product is not a professional appraisal of the subject property by a professional valuer, builder, architect or sales agent, and should not be relied upon as such.

7.8 Any information in the Product relating to the development of the property is subject always to council consent and approval.

7.9 Any information in the Product relating to estimated development costs are indicative only and based on the Company’s reasonable estimates of likely development costs. It should not be relied upon as certain or fixed costs, and should not be considered an exhaustive list of all types of development costs. Other development costs may apply.

7.10 The Product is of a general nature and does not constitute financial, tax or legal advice in any form. You undertake, represent and warrant that you will seek independent financial, tax and legal advice before making any decision regarding whether to invest or to redevelop a property.

7.11 You elect to use the Product at your own sole risk and release and indemnify us (to the greatest extent permitted at law) from all loss or damage that you suffer or incur as a result of or in connection with your use of the Product.

7.12 The information comprised in the Data that forms the Product may change without notice and we are under no obligation to notify you of any change or to provide any update to the Product.

7.13 To the extent that the Competition and Consumer Act 2010 (Cth) implies any warranties under these Terms that cannot be excluded, our liability in respect of those implied warranties is limited to:

7.13.1 the replacement of the Product; or

7.13.2 the payment of the cost of replacing the Product or acquiring an equivalent product.


8. Termination
8.1 You may discontinue your use of the Product at any time.

8.2 We may restrict your ability to purchase a new instance of the Product if you breach these Terms, or if your ongoing use of the Product is unacceptable to us (acting in our absolute discretion).


9. Limitation of Liability and Indemnity
9.1 You agree that we will not be responsible for any loss or damage arising directly or indirectly from or in relation to the accuracy of the Data or information contained in the Product or your reliance on the Product (including information contained in or your reliance on Beta Versions).

9.2 You must not bring, and you release us, our directors, officers, employees and agents (‘our Personnel’) from any claim against us or our Personnel and you indemnify us and our Personnel for any demands, claims, actions, damages, costs (including legal costs on a solicitor and own client basis), losses (including consequential loss), expenses or other amounts we or our Personnel suffer or incur as a result of or in connection with:

9.2.1 your acts or omissions (including but not limited to your failure to comply with these Terms);

9.2.2 Any claim or proceedings brought by a third party against us or our Personnel in connection with your use of the Product;

9.2.3 any person’s use or reliance on the Data or Product;

9.2.4 any infringement of our intellectual property rights;

9.2.5 any willful, unlawful or negligent act or omission of you; except to the extent that such loss, damage or injury was directly caused by us and does not relate to or arise from your use of the Beta Versions.

9.3 To the maximum extent permitted by law, the Company does not accept liability for any loss or damage whatsoever which may directly or indirectly result from any advice, opinion, information, representation or omissions, whether negligent or otherwise, contained in a Product (including any Beta Version).

9.4 To the extent that any disclaimer or exclusion in these Terms is prohibited by law, the maximum liability of the Company to you in relation to your use of the Product (including any Beta Version) is limited to the amount you paid to purchase the Product.


10. South Australian Properties
10.1 By accepting these Terms, you acknowledge and accept the following statement made by Government 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 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 the right of the State of South Australia. The information is reproduced under license from the Crown.


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

10.2 Copyright in this information (as it is contained in the Product) belongs to the State and the State does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.

10.3 The information (as it is contained in the Product) is based on data supplied by the State and is published by permission. State does not accept any responsibility for the accuracy, completeness or suitability for any purpose of the published information or the underlying data.


11. General provisions
11.1 The Laws in South Australia govern these Terms. Each party submits to the non-exclusive jurisdiction of the courts of South Australia and the Federal Court of Australia (Adelaide Registry) and irrevocably waives any right to object to proceedings being brought in those courts on the basis that proceedings have been brought in an inconvenient forum.

11.2 These Terms record the entire contract between you and the Company for the Products and no term is implied into these Terms other than as required by law.