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| Terms And Conditions |
Terms of use and privacy statementGeneralThe Terms of Use and Privacy Statement (Terms of Use), as amended from time to time, govern the use of this Website ("Website" means the whole or any part of the web pages located at www.landgate.wa.gov.au). In these Terms of Use "Landgate" stands for Western Australian Land Information Authority and includes any of the Board members, employees and agents of Landgate or any of its associated entities or any other person contributing to this Website. Your use of this Website signifies your acknowledgement and acceptance of the Terms of Use. Landgate may change these Terms of Use, the Website and its content (including information, publications, prices, products and services) at any time without notice. Any amendment will be effective immediately. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. In addition to these Terms of Use there may also be additional terms that govern the use of or access to specific parts or sections of the Website, in which case those specific terms will apply to your activities at those locations in addition to these terms. DisclaimersTo the extent permitted by law, Landgate will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website. This general disclaimer is not restricted or modified by any of the following specific disclaimers. The information contained in this Website is provided by us in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this Website. Landgate makes no representation or warranty as to the reliability, accuracy or completeness, merchantability or fitness for purpose of the information contained on this Website or that the Website will be uninterrupted or error free. You should not act on the basis of anything contained on this Website without first obtaining specific professional advice. The information on this Website is not comprehensive and not in the nature of advice and is intended only to provide a summary of the subject matter covered. You must make your own assessment of it and rely on it wholly at your own risk. Where there is any concern with accuracy and currency of the information on the Website, reference should be made to Landgate for verification. Landgate is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses, malicious computer code or anything else that may interfere with or damage the operations of your computer systems. Landgate may, from time to time, change or add to this Website without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date. To the extent permitted by law, all representations, warranties and other terms are excluded and where they cannot be excluded, any liability incurred in relation to the Website is limited to resupply. Interest dictionary and interest enquiry disclaimerYour entry to and use of Landgate's online Interest Dictionary and Interest Enquiry services is conditional on your agreement to comply with the Disclaimer below, together with the previous terms and conditions (including copyright and privacy) to which you consented on entering the MyLandgate website. While the information and materials ("Materials") contained in this online Interest Dictionary and Interest Enquiry services have been formulated in good faith, Landgate does not warrant or represent that these Materials are free from errors or omissions, or that they are exhaustive. Landgate, to the extent permitted by law:
Materials are made available on the condition that Landgate and its employees and agents will not be liable for any loss, damage, cost or expense, whether direct, indirect, consequential or special, which may be incurred by or arise from any person's use or reliance on the Materials, whether caused by error or omission in the Material or otherwise Persons using Materials remain responsible for making their own assessment of the Materials and should verify all Materials with their own professional advisers or the relevant Government agency sources. Landgate also reminds such persons that the Internet is not a secure medium and communications to and from websites may be intercepted or altered in transit (including the attachment of viruses that may damage computers). While the Materials are considered true and correct at the time of publication, changes in circumstances after publication may affect accuracy of the Materials. Materials may as a consequence change without notice, be updated or improved. This means Landgate will not be liable for the accuracy of any Materials printed or stored by any person. Landgate disclaims, to the extent permitted by law, any responsibility for the accuracy, currency, reliability or completeness of:
These third party Materials and resources are provided for convenience only and Landgate does not endorse, approve or recommend them." Property Reporting Online (PRO) - to be read with EAS2 conditionsYou are not obliged to provide Landgate with information via PRO and the information is not required by Landgate for the purposes of registration. The provision of information via PRO to Landgate is voluntary. Information collected via PRO by Landgate and identified within the linked document as new is for the purpose of reporting to the Australian Tax Office (ATO) about the transfer of real property situated in Western Australia in accordance with the provisions in division 396 of Schedule 1 of the Taxation Administration Act 1953 (Cth). In providing information via PRO the subscriber acknowledges and agrees that it has advised its client that the provision of this information is voluntary and that the client consents to Landgate collecting and reporting the information to the ATO. EAS2 conditionsYour use of Landgate's EAS2 service is conditional upon your agreement to comply with specific conditions in this clause, together with the other terms and conditions which you agreed to by entering the MyLandgate website. MyLandgate subscribers which use EAS2 are charged a fee (the EAS2 Fee) which is deducted from their subscription account. The EAS2 fee includes a Landgate fee and fees charged by the participating agencies. Landgate tries to ensure the accuracy of the EAS2 fee. If there is an error with the EAS2 fee, then Landgate is obliged to recover the correct amount of fees from the subscriber and reserves the right to amend, correct and recover any incorrectly charged EAS2 fee, however caused. EAS2 is a service which Landgate provides to subscribers via the MyLandgate website. When subscribers use EAS2, the subscriber provides Landgate with information about the sale of a property (the Purchase Information) and this information is disseminated to the relevant participating agencies. The participating agencies then directly provide the subscriber with information about the rates and taxes for the property being sold (Agency Information). The Purchase Information means all the information provided by a customer via EAS2, including, without limitation, (a) the street address of the property (or other information which identifies the property being sold), (b) the purchaser's name and address, (c) the purchase price for the property (including any GST details), and (d) the details of the contract date and the settlement date. Landgate may collect and store all or any part of the Purchase Information. At any time after the subscriber provides the Purchase Information to Landgate via EAS2, Landgate may (i) make all or any part of the Purchase Information publicly available, and (ii) distribute all or any part of the Purchase Information (either on its own or combined with other information) on such terms as are determined by Landgate. The subscriber consents on behalf of the customer that Landgate may make all, or any part, of the Purchase Information publicly available. Use of EAS2 may mean that the Purchase Information (including the purchase price) will be publicly available before settlement of the sale of the property and registration of the transfer. If subscribers do not want the Purchase Information to be publicly available before settlement and before registration of the transfer, they should use a method other than EAS2 for obtaining the Agency Information for the property being sold. Any concern with accuracy and currency of the Agency Information should be made to the agency which has provided the information. Landgate expressly disclaims all responsibility for, and all and any liability to any person in respect of, (i) the accuracy, reliability, currency or completeness of any Agency Information or (ii) the consequences of anything done or omitted to be done by any person in reliance, whether wholly or partially, upon any Agency Information obtained or not obtained from the participating agencies. Landgate also provides easiforms via the MyLandgate website to assist in the creation of land transaction forms. Where a subscriber provides Purchase Information to EAS2, it will be possible for easiform subscribers to access that Purchase Information via easiforms at any time after the Purchase Information is provided to EAS2. CopyrightCopyright in the Website (including text, graphics, icons, sound recordings and software) is owned or licensed by Landgate. You are provided with access to the Website only for your personal and non-commercial use unless you have prior written approval from us. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar statutes that apply in your jurisdiction, you may not, in any form or by any means:
Requests to use our copyright material should be addressed to: Licensing Consultant Any authorised reproduction however altered, reformatted or redisplayed must acknowledge the source of the information and that Landgate is the owner of copyright. TrademarksAll trademarks and other product and service names and logos (the "Marks") displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Landgate or others. Nothing contained on the Website should be construed as granting any licence or right of use of any other person's or entity's trade mark which is displayed on this Website without their express permission. If you use any of Landgate's trademarks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of Landgate's trademarks:
Linked websitesThis Website may contain hyperlinks to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Links to those websites should not be construed as any endorsement, approval recommendation or preference by us of the owners or operators of the websites, or for any information, products or services referred to on those websites. Your use of any link to another website is entirely at your own risk. Linked websites are subject to different terms of use. When using these websites, you will be bound by the terms and conditions specified on these sites. Landgate makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on linked websites. Privacy statementLandgate is committed to protecting your personal information. Information collected Landgate records your visit to this Website through use of cookies (small text files which are placed on your hard drive by some websites to store information) and logs the following information for statistical purposes:
Access to information collected Unless the user is registered for any on-line services, no attempt will be made to identify users or their browsing activities except where required or authorised by law. Use of information collected If you subscribe or are registered for any services on this Website then your e-mail address and other personal information you may provide will be recorded. It will only be used for the purpose for which you have provided it and will not be added to a mailing list, unless you have given specific permission as part of the requested service. Your e-mail address is confidential. We will not use or disclose your e-mail address to any third party without your consent. Security Landgate collects personal information submitted through on-line forms or other means via this Website using secure software to protect your information during transmission. Landgate uses a number of mechanisms to protect the security and integrity of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. While we endeavour to protect such information we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure. Some sections of the Website protect your personal information by requiring you to use a password. For your own protection, we require that you keep this confidential and you change your password regularly. If you prefer not to provide us with information through this Website, please do not hesitate to contact the customer service representative listed under Contact Us on this Website and we will take your details over the phone. Information provided to you Information contained in products or services provided to you through this Website may be subject to the Commonwealth Privacy Act 1988 and must not be used for direct marketing of goods and services or be released to any person or entity for the purpose of direct marketing of goods and services. Landgate takes no responsibility for any breaches of the Commonwealth Privacy Act by any person or entity in relation to information obtained from the products or services supplied to you through this Website. Linked Websites Landgate is not responsible for the privacy practices of linked websites. You should check those websites for their respective privacy statements. Applicable lawsThe Terms of Use are governed by the laws in force in Western Australia. |