Terms and Conditions
This agreement must be read and accepted. Clicking the login button implies your
acceptance of all the terms and conditions stated.
1. Formation and Variation of Agreement
- 1.1
Titles and Property Information Online
Service (TPI)
is provided by the Government of the State of Victoria, Australia. We provide
TPI
to you under the terms and conditions (including the Privacy Policy) contained in
this User Agreement.
- 1.2
TPI
is an Internet facility that allows you to order online and, in some cases, to receive
by email a
copy of a certificate of title or a property certificate
relating to land in Victoria.
Certain copies of certificates of title and property certificates, which are not currently available online,
can be provided to you through TPI by post or fax but only within Australia. The State of Victoria is your agent
for the purpose of any order which you may make using TPI.
- 1.3 By clicking the login button, you accept the terms and
conditions of this User Agreement.
- 1.4 Any person who uses
TPI
(by any means including any robot, spider, other automatic device or agent, or any
manual process) without first accepting this User Agreement by clicking the login
button, is, by so using
TPI,
deemed to have accepted the terms and conditions of this User Agreement.
- 1.5 If you have any questions about this User Agreement,
please contact us by email:
Landata.enquiries@servictoria.com.au
- 1.6 We may amend the terms and conditions of this User Agreement
at any time. However, the terms and conditions that are in effect at the time you
place your order will apply to that order. The terms and conditions of this User
Agreement are effective from and including Day Month Year( actual date to be determined).
2. Information Provided by You
- 2.1 To use
TPI
you are required to provide the following information: details about yourself and
your credit card; information about the property for which you require a
copy certificate of title or a property certificate; an email address,
fax number or postal address for delivery purposes and contact with you.
- 2.2 You agree that you are solely responsible for the accuracy
and completeness of all the information you provide to us in using
TPI.
- 2.3 You acknowledge that we are not responsible for:
- any error in any
title search or any property certificate;
- delivering to you the wrong
copy certificate of title search or property certificate;
- any failure to send a
copy certificate of title or property certificate;
or
- any delay in the delivery of any
copy certificate of title or property certificate;
- due to inaccurate or incomplete information provided by you.
- 2.4 You acknowledge that if, due to inaccurate or incomplete
information you have provided:
- there is an error in the
copy certificate of title or property certificate
sent to you; or
- the wrong
copy certificate of title or property certificate
is sent to you;
- you will nevertheless be charged the relevant fees for the
provision of that
copy certificate of title or property certificate.
- 2.5 You consent to the collection and use, in accordance
with our Privacy Policy, of the information we collect and the information you provide
to us in using
TPI
and our site.
- 2.6 You will ensure that the information you provide does
not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that may damage, adversely interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
3. Data and Systems Integrity
- 3.1 We warrant that the information contained in any
copy certificate of title or property certificate
is correct at the time it is issued.
- 3.2 You acknowledge that our electronic data relating to
properties in Victoria is not comprehensive and may therefore not contain a complete
record of information relating to a particular property.
- 3.3 You acknowledge that the database of property address
details used by
TPI
may not be up to date and that by providing the address of the property, you may
receive the wrong
copy certificate of title
and will nevertheless be charged the relevant fees.
- 3.4 You acknowledge that we will not be responsible for any
corruption or failed transmission of any information (including
copy certificates of title or property certificates) attributable
to your computer system or to the system or any act or omission of your Internet
Service Provider.
- 3.5 You agree that you will not use any device, software
or routine to interfere or attempt to interfere with the proper working of
TPI
or this site.
- 3.6 You acknowledge that access to
TPI
or our site: -
- may not be continuous, uninterrupted or secure at all times;
and
- may be interfered with by factors or circumstances outside
our control.
4. Fees and Payment
- 4.1 To finalise your order you will be requested to click
a button to confirm your order. Once you have done this, a window specifying the
fees payable for the
copy certificates of title or property certificates
you have ordered will appear on your screen. You may cancel your order at this point
by clicking "CANCEL" button and you will not be charged any fees. However,
if you click the "Purchase" button at this point, you acknowledge that
you are responsible for payment of, and you will be charged, the fees specified.
- 4.2 You acknowledge that the fees are expressed in Australian
dollars and include GST and any other applicable taxes and charges.
5. Liability
- 5.1 We limit our liability to the full extent permitted by
law.
- 5.2 We will not be liable for any lost profits or any special,
incidental or consequential damages or loss arising out of or in connection with
this User Agreement, your use of
TPI
or your use of our site.
- 5.3 To the extent permitted by law we limit our liability
for breach of any condition of this User Agreement or any warranty (express or implied
by law) of this User Agreement, to the following, at our sole discretion:-
- in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent
goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or acquiring
equivalent goods;
- the payment of the cost of having the goods repaired; or
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied
again.
6. Indemnity
- 6.1 You agree to indemnify and to hold us, our agents and
employees, harmless from any claim or demand, made by any third party due to, or
arising out of or in connection with, your breach of this User Agreement or your
infringement of any rights of a third party.
7. Compliance with Laws and Policies
- 7.1 We will comply with all laws applicable to
TPI.
- 7.2 You will comply with all laws that apply to you in relation
to your use of
TPI
or our site.
8. Arbitration
- 8.1 Any dispute or claim arising out of or in connection
with this User Agreement, your use of
TPI
or our site may, at our discretion, be settled by binding arbitration by reference
to a commercial disputes centre. You agree to be bound by the ruling of the arbitrator.
The costs of the dispute are borne by the originator.
9. General
- 9.1 You acknowledge that this User Agreement is governed
by, and is to be construed in accordance with, the laws of the State of Victoria,
Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts
of the State of Victoria, Australia.
- 9.2 If any provision of this User Agreement is held to be
invalid or unenforceable that provision:
- may be read down to the extent necessary to make it valid
and enforceable; or
- may be severed and the remaining provisions of the User
Agreement enforced.
- 9.3 The headings in this User Agreement are for reference
purposes only and in no way define, limit, construe or describe the scope or extent
of any provision of this User Agreement.
- 9.4 This User Agreement (including the Privacy Policy) comprises
the entire understanding and agreement between you and us with respect to its subject
matter.
