LANDGUIDE

WEBSITE TERMS AND CONDITIONS

Welcome

1.1 Welcome to the Landguide Terms and Conditions (or “Conditions”). These Conditions describe the terms and conditions that govern your use or access to our Site.

1.2 Before you may use or access our Site, you must read, agree with and accept all of the Conditions. You agree that our Privacy Policy forms part of these Conditions. These Conditions and our Privacy Policy may change from time to time.

1.3 Each time you use or access our Site you confirm your agreement to be bound by and acknowledge any changes to the Conditions (including the Privacy Policy). You also undertake to familiarise yourself with and comply with the Privacy Policy (as may be amended from time to time).

1.4 By accepting these Conditions (including the Privacy Policy) you agree to be bound by them and also the posted terms and conditions on other websites operated by the Supplier and its related and affiliated companies (if any), to the extent that you use or access those websites.

1.5 The Supplier may amend the terms and conditions of these Conditions from time to time. Amended terms will be posted on the Site and you should review them regularly. Except as stated in these Conditions, in our Privacy Policy, in any other policy of ours, or as otherwise notified to you, all amended terms and conditions will automatically be effective immediately. Your continued use or access to the Site following the posting of any changes to the Conditions constitutes acceptance of those changes. If you do not agree with such changes to these Conditions (or any of our policies, including our Privacy Policy), you must immediately cease using or accessing the Site.

1.6 The Supplier does not warrant that any content, links, sub-domain or other information contained on or associated with the Site will be available, remain constant or be accessible to you at all times. The Supplier may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our Site at any time without prior notice to you.

1.7 Any information on the Site or in a publication by the Supplier should not be regarded as a substitute for professional, legal, financial or real estate advice.

1.8 The Supplier does not make any representation or warranty as to the accuracy or reliability of the information contained on the Site or in a publication by the Supplier (including but not limited to any content or information generated by our Site or published or otherwise disclosed on the Site by a third party). The Supplier and its directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient by relying on anything contained in or omitted from our Site or in a publication by the Supplier.

Eligibility and Restrictions on use of the Site

2.1 The Supplier reserves the right to refuse reject, cancel, interrupt, remove or suspend anyone’s use or access to the Site or the Services any time for any reason without liability, including but not limited to taking whatever means the Supplier deems necessary to prevent unauthorised or improper use or access of the Site or the Services.

2.2 In accessing or using the Site or the Services, the Customer agrees that it will not (without the prior written consent of the Supplier):

  1. use any device, software, process or means (whether automated or otherwise) to:

  2. access, retrieve, scrape or index the Site or any information or content on the Site;

(ii) interfere with or attempt to interfere with the proper working of the Site;

  1. do anything that would, or is likely to, place an unreasonable or disproportionate traffic, network or infrastructure burden on the Site;

  2. do anything (including but not limited to copying or indexing any content or data) for the purposes of competing with the Supplier in any way whatsoever;

  3. transmit or cause or attempt to be transmitted any spam, junk or other mass messaging or other means of content delivery (whether for commercial purposes or not) or any viruses, worms, defects, Trojan horses or similar;

  4. use the Site or the Services which, in our sole discretion, is not for the proper purpose for which they were made available;

  5. violate the rights of any person (including but not limited to any intellectual property or privacy rights);

  6. pose as any person or otherwise attempt to solicit money or personal information from any person;

  7. act in violation of any Condition or other condition imposed by us or under any applicable law;

  8. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Site or any content on our Site or in a publication of the Supplier.

2.3 By using or accessing the Site or using the Services the Customer agrees that:

(a) the Customer may access services or products that are derived, made from, or incorporated from Landgate (“Value Added Products”);

(b) the Customer shall only use a Value Added Product for its personal or internal business purposes and must not sell, licence, hire, let, trade, expose for sale, or derive revenue from the Value Added Product or part thereof;

(c) the Customer shall not use the Value Added Product for the purposes of Direct Marketing, being any activity which makes it possible to offer goods or services or to transmit other messages to a third party aimed at informing or soliciting a response from the third party, as well as any service ancillary to the same;

(d) the Customer acknowledges that the Value Added Product is derived from Landgate’s location information by the following notification: ‘© Western Australian Land Information Authority (Landgate) (2017). Landgate owns all copyright in the location information which is protected by the Copyright Act 1968. Apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968, all other rights are reserved and no location information, or part thereof, may be reproduced, distributed, commercialised or re-used for any other purpose without the prior written permission of Landgate.’;

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

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

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

Account

3.1 The Customer may register and maintain an active Account with the Supplier.

3.2 The Customer must be at least 18 years of age to register an Account.

3.3 Registration of an Account requires the Customer to submit to the Supplier certain personal information, such as the Customer’s name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).

3.4 The Customer agrees to maintain accurate, complete, and up-to-date information in their Account. The Customer’s failure to maintain accurate, complete, and up-to-date Account information, may result in the Customer’s inability to access and use the Site or the Services or the Supplier's termination of its Contract with the Customer.

3.5 The Customer is responsible for all activity that occurs under their Account, and the Customer agrees to maintain the security and secrecy of their Account username and password at all times. The Customer accepts all liability for any unauthorised use of their Account username and password except for unauthorised use resulting from any negligent act or omission only attributable to the Supplier. Unless otherwise permitted by the Supplier in writing, the Customer may only possess one Account.

Network Access and Devices

4.1 The Customer is responsible for obtaining the internet network access necessary to access or use the Site or the Services. The Customer’s mobile network's data and messaging rates and fees may apply if the Customer accesses or uses the Services from a wireless-enabled device.

4.2 The Customer is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and the Services and any updates thereto. The Supplier does not guarantee that the Site or the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Site and Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Contributions

The Supplier may at any time, without liability to you, remove, alter or disable access to any or all of any data, text, video, still images, audio or other material that the Supplier has permitted you to host, share, publish, post, store or upload on the Site (Contributions) in its sole discretion without prior notice to you, including but not limited to where the Supplier considers that:

(a) those Contributions are in breach of any law or regulation;

(b) those Contributions infringe the intellectual property rights of any party;

(c) it is required to do so by a regulatory body or any relevant authority;

(d) those Contributions are:

(i) misleading or deceptive;

(ii) inappropriate having regard to the purpose of our Site and Services;

(iii) likely to cause offence;

(iv) materially incorrect;

(v) obscene or defamatory;

(vii) unlawful; or

(viii) corrupted.

  1. You retain all of your ownership rights in your Contributions. To the extent any Contributions are proprietary in nature, you grant the Supplier a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by the Supplier and these Conditions. You also acknowledge and grant the Supplier the right to use your name with your Contribution and represent and warrant that you have the lawful right (including any necessary licences, rights, consents and permissions) to use and display the Contributions.

  2. For any Contributions that you main retain moral rights in, you declare that you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution and you understand that when accessing or using the Site, you may be exposed to the Contributions of other users of our platform (which the Supplier does not have control of is not responsible for).

  3. You represent and warrant that:

(a) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise the Supplier to display your Contributions; and

(b) you will not make any Contributions of the nature stipulated in clause 5.1(d).

Limitation of Liability

6.1 The Site is provided for information purposes only. While reasonable care is taken in its preparation, the Supplier does not guarantee or warrant the accuracy, reliability, completeness or currency of any content on the Site or its usefulness in achieving any purpose.

6.2 Certain rights and remedies may be available to a Customer under the Australian Consumer Law (“ACL”) or similar legislation and may not be permitted to be excluded, restricted or modified. Without excluding, restricting or modifying those rights which cannot be excluded, restricted or modified, the Supplier excludes all warranties, representations, conditions or undertakings to the extent permitted by law.

6.3 To the extent permitted by law, the Supplier’s liability for any breach of any warranty, representation, condition or undertaking that cannot be excluded is restricted at the Supplier’s option to re-supply of the Services or the supply of equivalent Services or the payment of the costs of resupplying the relevant Services.

6.4 The Supplier shall not be liable whether in tort or in contract for any special, indirect, consequential exemplary, incidental or punitive damages, including, but not limited to loss of or damage to profits, revenue, goodwill, customers, capital, goodwill, reputation, data, use of data, savings, anticipated savings, benefits or in relation to any other loss incurred or awarded against a Customer or in any way connected with these Conditions, a Contract, the Site or the Services.

6.5 Notwithstanding anything to the contrary in these Conditions, the aggregate liability of the Supplier and its directors, officers, employees and partners to a Customer for any cause of action whatsoever and regardless of the form of the action will at all times be limited to $100.

Third-Party Websites, Advertisers or Services

The Site may contain links, hyperlinks and pointers to third-party websites, advertisers, or services that are not owned or controlled by the Supplier. Access to or use of third-party sites or services is at the Customer’s own risk. The Supplier makes no warranty or representation as to the accuracy or reliability of any information contained on any third-party websites. Except as otherwise expressly provided herein, the Supplier and its directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage of any sort relating to a Customer’s use of or dealings with these third-party sites or services. The Supplier encourages you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Cooperation with Authorities and Police Enforcement

The Supplier will cooperate with law enforcement authorities as required by law or otherwise deemed appropriate by the Supplier in its sole discretion. The Supplier will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Site when requested.

Protection of Supplier’s Intellectual Property

9.1 The Customer acknowledges and agrees that subject matter on and accessible from the Site is copyrighted and is protected by Australian copyright laws and other laws, regulations and treaties. The Supplier grants the Customer the permission to download copyright material only for private and non-commercial purposes. For reproduction or use of the Site copyright material beyond such use, the prior written permission of the Supplier must be obtained and will be subject to the requirement that the copyright owner’s name and interest in such information or material be acknowledged.

12.2 The Customer acknowledges and agrees that the Supplier owns all rights, title and interest in its intellectual property, including without limitation its copyright. The Customer acknowledges and agrees that unless otherwise agreed by the Supplier in writing, the Supplier does not grant you any express or implied right in any of its intellectual property, including without limitation its copyright.

Editorial content

Any editorial content or articles on the Site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and the Supplier recommends that you seek professional advice before acting on the content.

Further Warranty and Indemnity

11.1 By using or accessing the Site or using the Services the Customer agrees that its use of the Site and the Services will at all times comply with the Conditions and any directions the Supplier makes to a Customer in relation to the Customer’s use or access to the Site or the Services from time to time.

11.2 The Customer agrees to indemnify and hold the Supplier (and its officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including legal fees) arising out of, or in connection with a Customers use or access to the Site or the Services and use of its Account (including but not limited to publishing or otherwise making content or other information available on the Site not otherwise in accordance with these Conditions).

Governing Law and Jurisdiction

The Customers use of the Site or the Services, these Conditions (including the Privacy Policy) and all other legal terms and notices related to or connected to the Site or the Services are governed by and is to be construed in accordance with the laws in force in Western Australia, and the Customer irrevocably submits to the non-exclusive jurisdiction of the Courts of Western Australia.

Definitions

Account” means a personal account for the use of Services.

Conditions” means these terms and conditions.

Contract” means the agreement between the Supplier and the Customer created by the Customer’s access and use of the Services.

Customer” means a person who or which uses, browses or accesses the Site or uses the Services.

Privacy Policy” means the privacy policy of the Supplier.

Services” means the Site and any content, products, and services provided by the Supplier in relation to the Site.

Site” means the landguide.com.au desktop website any mobile website, mobile applications and related systems.

Supplier” means SB Capital (Aust) Pty Ltd (ACN 605 191 633) trading as Landguide.