Terms And Conditions

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Marketfacts Service Agreement Standard Terms



1 Definitions and Interpretation


1.1 In this Agreement, unless the context otherwise requires:

  • "Agreement" means the agreement constituted by the Customer's acceptance of the offer contained in the Registration Form, when read in conjunction with the Standard Terms.
  • "Additional Report" means, with respect to a Module and a month, each report generated by the use of the Service for that Module during that month, after the Monthly Limit for that Module has been exceeded.
  • "Additional Report Fee" means, with respect to a Module and a month, the additional fee payable for that month with respect to that Module for each Additional Report, at the rate more particularly specified in the Note to item 4 of the Registration Form.
  • "Additional User Fee" means the additional fee payable each month for each Additional User, as more particularly specified in item 3 of the Registration Form.
  • "Additional Users" means those persons, if any, who are more particularly specified in item 3 of the Registration Form, and who are to be given access to the Service as the nominated additional representatives of the Customer, and includes such replacement or additional persons as may be nominated by the Customer from time to time as contemplated by clause 2.4(b).
  • "Agreed Users" means those persons who are more particularly specified in item 2 of the Registration Form , and who are to be given access to the Service as the nominated agreed representatives of the Customer, and includes such replacement or additional persons as may be nominated by the Customer from time to time as contemplated by clause 2.4(b).
  • "Bronze Pack" means the service pack made available by the Service under which access is provided to:
    • a. Comparative Market Analysis Reports for residential properties in the Relevant Jurisdictions specified in this Agreement; and
    • b. Marketing materials;
  • "Comparative Market Analysis Report" or "CMA Report" means a report which contains the following information with respect to a particular residential property and as appropriate the relevant properties in close proximity to the particular property and other information about the location of relevance for which the report is being produced:
    • a. property details;
    • b. places of interest;
    • c. Residex's estimated likely market price for the property;
    • d. test values which help in the identification of the market price of a property;
    • e. the test value summary used in identifying the market price;
    • f. listing of recent sales of properties considered by Residex to be the most comparable to the property;
    • g. a comparative street rating which is provided by a user and the distribution of values which relate to the rating series for properties in the street where the property is located between 0 and 10 plus;
    • h. median value of properties in the area;
    • i. demographics for area where the property is located;
    • j. predicted future potential capital growth for the suburb;
    • k. capital growth for the suburb;
    • l. rental returns for the suburb;
    • m. predicted home loan rates;
    • n. predicted inflation rate;
  • "Commencement Date" means the date upon which Residex gives the Customer the initial notice under clause 2.2.
  • "Confidential Information" means the confidential information of Residex which relates to the subject matter of this Agreement, including information relating to the design, processes, procedures, formulae and algorithms contained in the ordered set of instructions, which together constitute the Service, the terms of this Agreement, and any other information marked as "confidential" or "proprietary".
  • "Department" means:
    • a. where the Relevant Jurisdiction is the Australian Capital Territory, the ACT Department of Environment & Heritage or the Environment and Sustainable Development Directorate (as applicable);
    • b. where the Relevant Jurisdiction is New South Wales, the New South Wales Land and Property Information or the New South Wales Department of Lands (as applicable);
    • c. where the Relevant Jurisdiction is the Northern Territory, the Northern Territory Department of Infrastructure, Planning & Environment;
    • d. where the Relevant Jurisdiction is Queensland, the Queensland Department of Sustainability and Environment or the Queensland Department of Natural Resources and Mines (as applicable);
    • e. where the Relevant Jurisdiction is South Australia, the South Australian Department for Environment, Heritage & Aboriginal Affairs or the Land Services Group, Department for Transport, Energy and Infrastructure (as applicable);
    • f. where the Relevant Jurisdiction is Tasmania, the Tasmanian Department of Primary Industries, Parks, Water & Environment;
    • g. where the Relevant Jurisdiction is Victoria, the Victorian Department of Sustainability and Environment or the Victorian Department of Transport, Planning and Local Infrastructure, and the Department of Environment, Land, Water and Planning (as applicable); and
    • h. where the Relevant Jurisdiction is Western Australia, the Western Australian Department of Environment or the Land Property Information Authority (as applicable),
    • i. or, in each case, such other government department, or division within a department, as is responsible from time to time for the administration of the Department Licence Agreement.
  • "Department Data" means the property sales information or related data provided under licence to Residex by the Department.
  • "Department Licence Agreement" means, with respect to a Relevant Jurisdiction at any time, the licence agreement made between the Department and Residex for the provision of Department Data to Residex and which is current at that time.
  • "Extended Term" means the period, equal to the Initial Term, commencing on the day immediately following the last day of the Initial Term, or (if applicable) any previous Extended Term.
  • "Gold Pack" means the service pack made available by the Service under which access is provided to:
    • a. Comparative Market Analysis Reports for residential properties in the Relevant Jurisdictions specified in this Agreement;
    • b. Marketing materials;
    • c. Market Reports for each Relevant Jurisdiction, as released by Residex each quarter and as specified in this Agreement;
    • d. Market Reports for local government areas, postcodes and suburbs for the Relevant Jurisdictions specified in this Agreement; and
    • e. a mortgage loan calculator which identifies the approximate borrowing amount of a user and identifies suburbs of which the current median value is within close range of the approximate borrowing amount. For each suburb listed, a suburb Market Report is available by accessing the Service;
    • f. Sale Register for the available recorded history of residential property sales results in a specifically searched street, suburb or postcode in the Relevant Jurisdiction specified in this Agreement;
    • g. Current Listings for properties available for sale or rent for the Relevant Jurisdictions specified in this Agreement;
    • h. Auction Results listings for properties sold be Auction within the Relevant Jurisdictions specified in this Agreement;
  • "GST" means:
  • the GST Law; and
  • any other goods and services tax, or any tax applying to this Agreement in a similar way.
  • "GST Law" means the same as "GST Law" means in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • "Information" means Residex Data, which is provided to the Customer as a consequence of its use of the Service under this Agreement.
  • "Initial Term" means the period, as more particularly specified in item 5 of the Registration Form, commencing on the Commencement Date.
  • "Intellectual Property" means all present and future rights conferred by law or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
  • "Market Reports" means a report with respect to residential properties, the structure of which may be amended from time to time by Residex. These are reports on a relative geographic area at either a state, Local Government Area, Postcode or Suburb level. These Reports may contain information such as the following:
    • a. median growth rate
    • b. median growth on a quarterly basis over the last 10 years
    • c. median average growth rate for the last 10 years
    • d. rental yield
    • e. median weekly rental value
  • "Module" means, for any Relevant Jurisdiction, the type of Service to which the Customer wishes to have access, as more particularly specified in item 4 of the Registration Form.
  • "Monthly Limit" means ,with respect to a Module, the number of reports which are allowed to be generated by the use of the Service for that Module (as specified in item 7 of the Registration Form) before an Additional Report Fee becomes payable.
  • "Other Data" means, with respect to a Relevant Jurisdiction, any data (not being Department Data) with respect to residential properties in the Relevant Jurisdiction which has been provided to Residex and which is available to be accessed by the Customer or any other person who is authorised by Residex to use the Service.
  • "Out of Area Report" means a report generated by the use of the Service, with respect to a residential property in a jurisdiction not included in the Module.
  • "Out of Area Report Fee" means, with respect to a month, the additional fee payable for that month for each Out of Area Report provided to the Customer during that month, at the rate per report more particularly specified in the Note to item 7 of the Registration Form.
  • "Personal Information" means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in material form) about an individual whose identity is apparent or can be ascertained from the information or opinion.
  • "Privacy Legislation" means, with respect to the use of any Information, Personal Information and the Service for a Relevant Jurisdiction:
    • a. the Privacy Act 1988 (Cth);
    • b. the Spam Act 2003 (Cth)
    • c. Residex’s Privacy Policy, as amended by Residex from time to time (available at http://www.residex.com.au/privacy); and
    • d. any privacy or similar legislation operating from time to time in the Relevant Jurisdiction (including for this purpose any applicable code of practice or privacy principles operating under or in conjunction with such legislation).
  • "Registration Form" means the form entitled 'Marketfacts Registration Form - Broker Business Pack' when such form has been fully completed and signed by the Customer and returned to Residex.
  • "Relevant Jurisdiction" or "Region" means, with respect to a Module, the jurisdiction corresponding to that Module which is specified as such in item 4 or 6 of the Registration Form.
  • "Residex Data" means Department Data and Other Data which is stored on databases established by Residex, as updated from time to time.
  • "Service" means the service developed by Residex and known as "MarketFacts" which provides the user with on -line access to sales information, statistical analysis and comment about residential properties in the Relevant Jurisdictions.
  • "Service Fees" means the Service Fees payable by the Customer to Residex each month as consideration for providing the Service, comprising:
    • a. the Standard Service Fee;
    • b. the Additional Report Fee;
    • c. the Additional User Fee;
    • d. the Out of Area Report Fee; and
    • e. (if applicable) any administration fee payable as contemplated by clause 5.3, all as may be varied from time to time in accordance with this Agreement.
  • "Silver Pack" means the service pack made available by the Service under which access is provided to:
    • a. Comparative Market Analysis Reports for residential properties in the Relevant Jurisdictions specified in this Agreement;
    • b. Marketing materials;
    • c. Market Reports for each Relevant Jurisdiction, as released by Residex each quarter and as specified in this Agreement;
    • d. Market Reports for local government areas, postcodes and suburbs for the Relevant Jurisdictions specified in this Agreement.
  • "Standard Service Fee" means, with respect to a Module, the service fee referable to that Module which is payable each month as more particularly specified in item 4 of the Registration Form.
  • "Standard Terms" means these terms and conditions, as amended by Residex from time to time.
  • "Term" means the Initial Term, as extended by any Extended Term as contemplated by this Agreement, subject always to clause 5.4(b).
  • "Website" means the http://broker.marketfacts.residex.com.au website provided by Residex, the address of which may change from time to time.

1.2 Unless the contrary intention appears, a reference in this Agreement to:

  • a group of persons is a reference to any two or more of them jointly and to each of them individually;
  • an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;
  • an agreement, representation or warranty by two or more persons binds them jointly and each of them individually;
  • anything (including an amount) is a reference to the whole and each part of it;
  • a document (including this Agreement) includes any variation or replacement of it;
  • law (including, for the removal of doubt, any Privacy Legislation) means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);
  • dollars or $ is a reference to the lawful currency of Australia;
  • the word "person" includes an individual, a firm, a body corporate, an unincorporated association and an authority;
  • a particular person includes a reference to the person's executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;
  • The words "including", "for example" or "such as" when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind;
  • a quarter is a period of 3 calendar months;
  • the singular includes the plural and vice versa; and
  • headings are for convenience only and do not affect the interpretation of this Agreement.


2 Term of Agreement


2.1 In consideration of the payment of the Service Fees, Residex grants the Customer the right to use the Service for the Term PROVIDED HOWEVER and as the Customer expressly acknowledges this Agreement is not binding on Residex unless and until the Customer has fully completed and executed the Registration Form, Residex has received a copy of the Registration Form as so executed by the Customer and the Customer has read and accepted these Standard Terms on the Website and successfully logged on to the MarketFacts Broker Service.

2.2 As soon as possible after its receipt of the Registration Form, Residex agrees to give the Customer its username and password log-in details to enable the Customer to access the Service.

2.3 (a) The Customer represents and warrants that each Agreed User and each Additional User:

  • a. has been authorised by the Customer to use the Service;
  • b. is aware of the obligations imposed on the Customer by the terms and conditions of this Agreement; and
  • c. unless Residex has otherwise agreed, is an employee of the Customer;

2.3 (b) The Customer agrees that if the Customer wishes to replace the persons who comprise the Agreed Users or the Additional Users with different persons, or to add further Additional Users, it must notify Residex accordingly and provide full details of such persons, and upon such notification being given, such persons will be taken to be Agreed Users or Additional Users, as the case may be, as if they had been specified in item 2 or item 3 (as the case may be) of the Registration Form.

2.4 The Customer acknowledges and agrees that, unless it gives Residex written notice that it wishes to terminate this Agreement at least 30 days prior to the end of the Initial Term, or (if applicable) prior to the end of any Extended Term, it will be taken to have agreed to extend the Term by a period equal to the Initial Term on the same terms as this Agreement, except that the Service Fees payable during such Extended Term may be modified by Residex under clause 5.4(b).



3 Proprietary Rights


3.1 The Customer acknowledges and agrees that:

  • the Service contains Confidential Information proprietary to Residex;
  • title to and ownership of the Department Data and all parts of it and all applicable Intellectual Property in the Department Data remains exclusively with the Department;
  • title to and ownership of the Service (including the mathematical algorithms that support the Service) and all Information (other than the Department Data) and all parts of it and all applicable Intellectual Property in the Service and such Information remains exclusively with Residex;
  • this Agreement does not constitute a sale of Residex's proprietary data or computer programs or other relevant Intellectual Property, which is licensed to the Customer under this Agreement.

3.2 The Customer acknowledges that because it has no proprietary rights over the Service, it cannot rent, sell, transfer or grant any rights to the Service in any form to any person without the prior written consent of Residex.



4 Broadcast and Distribution


4.1 Subject to clause 4.2, without the written consent of Residex, the Customer must not allow any third party (not being an Agreed User or an Additional User) to use the Service.

The Customer must use its best endeavours to prevent any unauthorised disclosure, use, reproduction, or distribution of the Information and acknowledges and agrees that any unauthorised reproduction use or disclosure of the Information is likely to cause loss or damage to Residex, and without limiting the remedies which may be available to Residex at law as a result of such breach, the Customer agrees to indemnify Residex against any such loss or damage.

4.2 Notwithstanding clause 4.1, the Customer may:

  • in the normal course of its business give to its customers, during private consultations with them, reports generated by the Service, but must not (as the Customer acknowledges) charge its customers for providing any such reports or any extract or other Information generated from its use of the Service; and
  • allow access to the Service where such access is contemplated by the MarketFacts training manual or marketing materials.

4.3 By way of illustration as to what constitutes authorised disclosure for the purposes of this Agreement, and without limiting the generality of clause 7.3, the Customer may disseminate anecdotal material sourced from the State Market Report to its clients, for example, by a newsletter, and Residex encourages such dissemination, where it can be seen to benefit the commercial interests of both Residex and the Customer. For this purpose, not more than 10% of Information provided in the Market Reports and the CMA Reports may be published if the purpose of the publication is for research or public interest and where publishing the Information does not adversely affect Residex's commercial interests. Information provided in the Market Reports and CMA Reports cannot be published if the motive for such publication is commercial gain, unless Residex's prior written consent is given.

4.4 The Customer acknowledges and agrees that any Information which it is entitled to disclose to third persons under the terms of this Agreement must bear the following marking to confirm Residex's copyright in the Information, viz "© Residex Pty Ltd, Ph 02 9409 0333".



5 Service Fees


5.1 All Service Fees payable under this Agreement are inclusive of GST and must be paid monthly in advance commencing on the Commencement Date promptly upon receipt of a tax invoice from Residex.

5.2 Service Fees must be paid by direct debit or by credit card (as specified in item 4 of the Registration Form). By completing the details required by item 4 of the Registration Form , the Customer will be taken to have authorised Residex to debit the relevant credit card or the relevant nominated bank account (as the case may be) with any amount that remains outstanding after the provision of a tax invoice from Residex in respect of such amount.

5.3 Without limiting Residex's rights under clause 5.6, if for any reason (including without limitation, because of insufficient funds in the Customer's bank account or because its credit card limit has been exceeded) any monthly payment of the Service Fees is not paid on the due date, Residex may charge the Customer an administration fee of $15 (which the Customer acknowledges is a reasonable and bona fide estimate of the loss to be suffered by Residex as a result of the non-payment), and such fee may be added to the Service Fees due and payable by the Customer on the next monthly Service Fee payment date.

5.4 (a) In the event that Residex wishes to vary the Service Fees which are to apply:

  • a. during the term, or
  • b. at the beginning of an Extended Term,
  • c. then in either such case, at least one month prior to the date on which the variation in Service Fees is to take effect or (if applicable) one month prior to the end of the Initial Term or (as the case may be) prior to the commencement of the Extended Term which is to commence immediately after the end of the then current Extended Term (the "fee variation date"), Residex must notify the Customer of the Service Fees which are to apply on and from the fee variation date.

5.4 (b) In addition to its rights of termination under clause 2.4, the Customer acknowledges and agrees that, unless it gives Residex at least 21 days written notice that it wishes to terminate this Agreement on the fee variation date, it will be taken to have agreed to pay the Service Fees (as varied by clause 5.4(a)) as and from the fee variation date.

5.5 The Customer acknowledges that:

  • the Service Fees as at the date of this Agreement are as set out in items 3 and 4 of the Registration Form but in the event that this Agreement is extended for an Extended Term as contemplated by clause 2.5, such amounts will be taken to have been amended as contemplated by that clause; and<
  • the Standard Service Fee has been calculated on the basis that there will be two Agreed Users who will be able to simultaneously access the Service, so that if the Customer requires more than two Agreed Users, an additional service fee must be paid in respect of each such Additional User, at the rate of the Additional User Fee.

5.6 In the event that the Customer does not pay the Service Fees or any other amount payable to Residex under this Agreement, Residex reserves the right to charge interest at the rate of 14% per annum calculated daily on the unpaid amounts until such amounts have been paid in full. Residex further reserves the right to recover all expenses, costs and other disbursements incurred in recovering any overdue amounts, including debt collection fees and all legal costs and charges on a solicitor and own client basis.



6 The Service


6.1 Residex represents and warrants and it is a condition of this Agreement that Residex has the right to grant the Customer the right to use the Service in accordance with this Agreement.

6.2 In the event that Residex is in breach of this warranty and as a consequence the Customer elects to terminate this Agreement under clause 8.1, the limit of Residex's liability for such breach is to refund to the Customer that proportion of the Service Fees previously paid in advance which is referable to the period after the date of termination in respect of which such Service Fees had been so paid in advance.

6.3 The Customer acknowledges and agrees that:

  • subject to clause 6.4, the Service may be accessed through any various medium or device now known or hereafter developed;
  • the Service may include advertisements;
  • the Service may include certain communications from Residex, such as service announcements, administrative messages and newsletters, and that these communications are considered part of the Service and the Customer cannot opt out of receiving them;
  • unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MarketFacts sites or features, will be taken to be subject to this Agreement;
  • the Service is provided on an "as-is" basis and that Residex assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
  • the Customer is responsible for obtaining access to the Service, and that access may involve third-party fees (such as an internet service provider or airtime charges) which must be borne by the Customer; and
  • the Customer must provide and is responsible for all equipment necessary to access the Service.

6.4 The Customer must not use any software, program or application designed to run automated tasks (including but not limited to any robot, spider, search engine, scraper, script or any other high volume automated or electronic processes) to access and use the Service or to search any database made available to the Customer through the Service.

6.5 The Customer acknowledges and agrees that:

  • if the Customer‘s use of the Service or Information breaches any term of this Agreement;
  • if the Customer’s use of the Service negatively impacts or interferes with:
    • a. the normal operation of the Service; or
    • b. the enjoyment or use of the Service by any other user of the Service; or
  • to ensure that the Customer’s use of the Service and Information is consistent with clause 7,

Residex may, in its discretion, restrict, suspend or control the Customer’s access to and use of the Service or Information, including by:

  • limiting the volume and nature of Information that the Customer is able to obtain in response to any given query or over a given time frame;
  • limiting the number of queries or searches that the Customer is able to perform using the Service over a given time frame; and
  • suspending the Customer’s access to and use of the Service for a limited period of time.

6.6 If Residex restricts, suspends or controls the Customer’s access to or use of the Service in accordance with clause 6.5, Residex will notify the Customer as soon as practicable:

  • through the Service; or
  • by e-mail.



7 Confidentiality and use of Information


7.1 The Customer acknowledges that in being granted the right to use the Service, it will be in possession of Confidential Information belonging to Residex and the Customer agrees that except as contemplated by this Agreement it must not disclose that Confidential Information to any other person without the prior written consent of Residex.

7.2 The Customer acknowledges that:

  • Residex provides the Information on an 'as is' basis and thus Residex provides no warranty as to its accuracy or completeness, however Residex agrees to make all reasonable endeavours to ensure such accuracy and completeness; and
  • because of the need to provide routine maintenance or for any other reason beyond the reasonable control of Residex, the Customer may not be able to obtain access to the Service at all times, however Residex agrees to make all reasonable endeavours to ensure that any "down time" is kept to a minimum.

7.3 The Customer must not use the Service or the Information, or allow the Service or Information to be used by any person:

  • for marketing or promotional purposes, including but not limited to:
    • a. direct marketing, including but not limited to list brokering, bulk email messaging, telemarketing and postal canvassing;
    • b. contacting any purchaser or vendor the name of which is contained in any Information;
    • c. preparing, compiling or validating marketing lists; and
    • d. data matching; or
  • with the intention of encroaching upon or interfering with the privacy of any person the subject of any Information; or
  • for any purpose other than enabling the Customer to obtain relevant property and area information in the course of carrying on its business (where the Customer is a business) or for private purposes (where it is not).

7.4 The Customer acknowledges and agrees that:

  • the Department supplies Residex with Department Data under the Department Licence Agreement;
  • Residex has certain obligations under the Department Licence Agreement, including an obligation to comply with the Privacy Legislation, and not to use the Department Data for direct marketing purposes;
  • any breach by the Customer of corresponding obligations imposed on the Customer under this Agreement will cause Residex to be in breach of its obligations under the Department Licence Agreement; and
  • in the event of any such breach by the Customer, the Customer must indemnify Residex against any loss, costs, charges or expenses which Residex may thereby incur.

7.5 The Customer acknowledges and agrees that the Privacy Legislation may apply to Information that is Personal Information. The Customer must:

  • comply with the requirements of the Privacy Legislation in relation to the Customer's handling of Personal Information including the collection, use, disclosure and security of such information, whether or not the Customer is required by law to comply with the Privacy Legislation;
  • assist Residex to comply with Residex’s obligations under any Privacy Legislation as they relate to Personal Information, including by complying with any reasonable direction or request from Residex;
  • ensure that any person to whom the Customer discloses Personal Information is aware of and complies with the Customer’s obligations under this clause 7.5; and
  • not do any act, engage in any practice, or omit to do any act or engage in any practice that:
    • a. would result in a breach of a Privacy Legislation if the Privacy Legislation applied to those things done, engaged in or omitted to be done by the Customer; or
    • b. would cause Residex to breach or be taken to breach a Privacy Legislation; and
  • without limiting the provisions of clauses 7.5(a) to 7.5(d):
    • c. not do anything which, if done by the Department, would be a breach of a Privacy Legislation;
    • d. deal with all Personal Information in a manner which is consistent with a Privacy Legislation, as if the Customer were the Department; and
    • e. comply with any and all reasonable directions given by the Department to enable the Department to comply with its obligations under a Privacy Legislation;
  • immediately notify Residex if the Customer becomes aware of any breach of its obligations under this clause 7, or if any privacy complaint is made against it in connection with the Information;
  • in relation to any privacy complaint that may be made against it as contemplated by paragraph (f), the Customer must assist Residex and (if requested by Residex) the Department to investigate the complaint and act in accordance with the directions of Residex or (if requested by Residex) the Department in relation to any such complaint;take immediate steps to comply with a request from Residex to suppress details in any Department Data, including to take appropriate steps to comply with all time stipulations relating to suppressions (for example, to remove Personal Information included in any Department Data from any record that it may hold); and
  • notify Residex if the Customer suspects that suppression has not been effected in its records, and must confirm to Residex on demand and in writing that it has complied with Residex's suppression request.

7.6 Where the Customer is selling or otherwise disposing of any form of storage device that contains copies of Residex Data, the Customer must ensure that the Residex Data is permanently erased from the storage device before its sale or disposal.

7.7 The Customer must establish and maintain throughout the Term privacy, security and other arrangements for ensuring compliance with its obligations under this Agreement.



8 Termination


8.1 Residex may terminate this Agreement by notice to the Customer:

  • if the Customer fails to observe or perform any of the material obligations of this Agreement, including failure to pay any Service Fees or other amounts payable under this Agreement or a breach of clauses 3.2, 4, 6.4, 7.1, 7.3, 7.4, 7.5 or 7.6; and such default has not been remedied to Residex's satisfaction within 14 days of delivery to the Customer of a notice from Residex requiring such default to be remedied; or
  • with immediate effect, if:
    • a. the Customer becomes insolvent, or makes an assignment for the general benefit of its creditors, or any proceedings are commenced by or against the Customer under any bankruptcy or insolvency laws or proceedings for the appointment of a custodian, receiver, receiver manager, administrator trustee or any other official with similar powers over the Customer are commenced; or
    • b. the Customer ceases or threatens to cease to carry on business; or
    • c. proceedings relating to the dissolution, liquidation or winding up of the Customer are commenced; or
    • d. the Department ceases to supply Department Data to Residex.
  • The Customer acknowledges that it is not entitled to damages or other compensation if this Agreement is terminated under this clause 8.1.

8.2 The Customer may terminate this Agreement by notice to Residex if:

  • Residex breaches the warranty on its part in clause 6.1; or
  • Residex .fails to observe or perform any of its material obligations of this Agreement and such default has not been remedied to Residex's satisfaction within 14 days of delivery to Residex of a notice from the Customer requiring such default to be remedied.



9 Liability and indemnity


9.1 Subject to applicable law, the Customer expressly acknowledges and agrees that Residex and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable to it for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Residex has been advised of the possibility of such damages), resulting from:

  • the use or the inability to use the Service;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
  • unauthorised access to or alteration of its transmissions or data;
  • statements or conduct of any third party on the Service; or
  • any other matter relating to the service.

9.2 The Customer must indemnify and hold Residex and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

  • any content which the Customer submits, posts, transmits or otherwise makes available through the Service;
  • the Customer’s use of the Service or Information;
  • the Customer’s connection to the Service;
  • any breach of the terms of this Agreement; and
  • the Customer’s breach of any rights (including the Intellectual Property rights) of another person.



10 Compliance


10.1 The Customer must ensure that its employees, personnel, contractors, agents and related entities:

  • are informed and aware of the Customer’s obligations under these Standard Terms; and
  • comply with these Standard Terms at all times.



11 General


11.1 Notwithstanding any other provision of this Agreement, no default, delay, or failure to perform any obligation (not being a payment obligation) by either party will be considered a breach of this Agreement if such event or cause is shown to be due entirely to causes beyond the reasonable control of such party. In such event or cause, such party may extend the time of performance required to remedy such breach by a period of time equal to the time loss caused by the event.

11.2 his Agreement may only be amended, modified, or supplemented in writing, signed by an authorised officer of both parties.

11.3 Unless otherwise expressly contemplated by this Agreement, notices required under this Agreement may be delivered by hand, overnight courier, or certified or registered mail to the respective parties at the addresses set out in this Agreement, or at such other address as one party may notify the other. Notices by hand are effective immediately, notices by courier are effective on the day following dispatch, and notices by certified or registered mail are effective 5 days after dispatch.

11.4 All references to the Customer under this Agreement include all individuals and entities controlling, controlled by, or under common control with the Customer.

11.5 he validity and performance of this Agreement is governed by laws of the Relevant Jurisdictions and any courts of appeal from those courts.

11.6 This Agreement constitutes the entire agreement and understanding between the parties with respect to the matters covered by it and supersede any prior or contemporaneous agreements, negotiations, representations and proposals, written or oral.

11.7 In the event that any of the provisions of this Agreement are determined to be unenforceable or illegal in any respect, such unenforceable provision(s) will be deemed to have been removed and the remainder of this Agreement will remain in effect and unchanged.

11.8 The waiver or failure of Residex to enforce any of the provisions of this Agreement is not to be construed as a waiver of the rights of Residex to subsequently enforce any provisions.

11.9 Where this Agreement contemplates that Residex may agree or consent to something (however described), Residex may:

  • agree or consent, or not agree or consent, in its absolute discretion; and
  • agree or consent subject to conditions, unless this Agreement expressly contemplates otherwise.

11.10 Residex may dispose of, declare a trust over or otherwise create an interest in its rights under this Agreement without the consent of the Customer, and may disclose to any potential holder of the right or interest any information relating to this Agreement.

11.11 Any indemnity in this Agreement is a continuing obligation, independent of the relevant party's other obligations under this Agreement and continues after this Agreement ends. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this Agreement.



12 Data Rights of Other


The ratings and price ranges displayed on this website have been developed from statistically calculated information developed by Residex. The statistical information is developed from data collected from the general media, real estate agents, financial institutions and government agencies. Residex does not claim any rights to the Licensed Data (government agency data). For completeness as the reports that are available from this web site contain Licensed Data you agree to the following:

NSW

Information provided for NSW properties has been developed in part by using some property information provided under licence from the Department of Lands NSW. The property sales information is provided monthly and Residex updates its data bases within 10 days of any monthly receipt of property data. Data collected from other sources is immediately included in Residex's data bases. Residex is authorised as a Sales Information Provider by the NSW Department of Lands.

Despite anything in this Agreement, the Customer must not use any Personal Information contained in any Information provided by the New South Wales Land and Property Information or the New South Wales Department of Lands for any purpose other than for appropriate and legal data verification purposes.

QLD

Information provided for Queensland properties has been developed in part by using some property information provided under licence from the State of Queensland (Department of Natural Resources and Water). The Department of Natural Resources and Water makes no representations or warranties about accuracy, reliability, completeness or suitability of the data for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason. Products on this site may use and be based on data provided with the permission of the Department of Natural Resources and Mines, and all such licensed date products are copyright the State of Queensland (Department of Natural Resources and Water) [2008].

VIC

Information provided for Victorian properties has been in part developed by using some property information provided under licence by the State of Victoria. To the extent that this report has been developed using information owned by the State of Victoria, the State of Victoria owns the copyright in the Property Sales Data which constitutes the basis of the information which is calculated by Residex and presented on this website. Reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the information contained in this report and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.

SA

Information provided for South Australian properties has been developed in part by using some property information provided under licence. Residex is required to make the following statements with respect to any information that is in turn provided to you by this website: WARNING: The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State 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 right of the State of South Australia. The information is reproduced under licence from the Crown. PRIVACY: The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

TASMANIA

Information provided for Tasmanian properties has been developed in part by using some property information provided under licence by the Real Estate Institute of Tasmania. Copyright in the sales information used to undertake the statistical calculations belongs to the Real Estate Institute of Tasmania on behalf of its members and while every effort is made in its compilation, the institute does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.

WA

Information provided for Western Australian properties has been developed in part by using some property information provided under licence from the Western Australian Land Information Authority (Landgate). Copyright in all Landgate information and products (including data, pages, documents, maps, online graphics, images, web pages, audio and video) is vested in Landgate and 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 information and products or part thereof may be reproduced by any process, distributed, commercialised or reused for any other purpose without the prior written permission of Landgate.

DISCLAIMER

This Information is made available on the understanding that Landgate is not rendering professional advice. While Landgate and has made every effort to ensure the accuracy, reliability, completeness and suitability for purpose of the information presented, 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. Landgate accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the information. Reliance should only be placed on the original source documents held at Landgate. It is strongly recommended that users exercise their own skill and care with respect to the use of the information, and before relying on the information that users should carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances. The Information may be subject to privacy legislation and contractual restrictions and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. Landgate takes no responsibility for any breaches of privacy legislation by any person in relation to the information.

NT

Information provided for the Northern Territory properties has been developed in part by using some property information provided under licence by the Department of Infrastructure, Planning and Environment of the Northern Territory. Copyright in any of the sales information used to undertake the statistical calculations belongs to the Department of Infrastructure, Planning and Environment of the Northern Territory and while every effort is made in its compilation, the Department does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.

ACT

Information provided for the Australian Capital Territory properties has been developed in part by using some property information provided under licence by the Government of the ACT. The Territory Data is the property of the Australian Capital Territory. Copyright in any of the sales information used to undertake the statistical calculations belongs to the Government of the ACT and while every effort is made in its compilation, the Government of the ACT does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose. Enquiries should be directed to: Director Customer Services ACT Planning and Land Authority GPO Box 1908 CANBERRA ACT 2601.

Governing law

These terms and conditions are to be governed by and interpreted in accordance with the laws of New South Wales

This page last updated 30 November 2016