Standard Terms
Definitions
- Direct Marketing means one to one marketing, normally supported by a database, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.
- Information Product means an online product supplied through real time online access search types.
Ownership
- I acknowledge that I have no rights of ownership in the Information Products and all Intellectual Property Rights including copyright in the Information Products that the State of Queensland(Department of Natural Resources and Water) has are retained by the State of Queensland(Department of Natural Resources and Water).
Liability
- I acknowledge that, except for the section Freehold Land Title Searches below, the State of Queensland(Department of Natural Resources and Water) does not guarantee the accuracy or completeness of the Information Products, and does not make any warranty about the Information Products.
- I agree that State of Queensland(Department of Natural Resources and Water) is not under any liability to me for any loss or damage (including consequential loss or damage) from my use of the Information Products.
Freehold Land Title Searches
- The provisions of the Liability paragraphs above are subject to the proviso that the State of Queensland through the Department of Natural Resources and Water will be liable to compensate me in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Titles Act 1994 (as amended) if I suffer deprivation of a lot, interest in a lot or loss or damage through the provision of incorrect data by the Department of Natural Resources and Water/ State of Queensland only in relation to Freehold Land Title Searches. Where I am entitled to compensation against the State of Queensland through the Department of Natural Resources and Water pursuant to the above-mentioned provisions of the Land Titles Act, I agree that I will seek compensation in accordance with the provisions of the Land Titles Act.
Privacy
- I agree that I will not use the Information Products with the intention of encroaching upon the privacy of an individual and I will comply with the Privacy Laws.
- I agree that I will not use the Information Products for Direct Marketing.
Permitted Use
- I accept that that use of the Information Products by me will be limited to my own personal use or for use in the ordinary course of my business. I will not on-sell or distribute the Information Products to any other third party, nor will I produce any products incorporating the Information Product except with the prior written approval of the State of Queensland (Department of Natural Resources and Water).
Licensee's Agent Terms
I agree to the terms specified below.
Definitions
- End User means any person to whom I supply Information Products.
- Licensee means the person (a legal entity including a corporation or organisation) who is entering into this Agreement with me and who has a licence agreement with NRM&E.
- NRM&E means the State of Queensland(Department of Natural Resources and Water)
- NRM&E's System means the operating and applications systems and online information databases in the form of a computerised information retrieval system, which enables the retrieval and distribution of Information Products.
- Licensee's System means the operating and applications systems in the form of a computerised information retrieval system, which enables the retrieval and distribution of Information Products through NRM&E's System.
- Licensee's Agent's System means my operating and applications systems in the form of a computerised information retrieval system, which enables the retrieval and distribution of Information Products through the Licensee's System.
Ownership
- This Agreement does not confer on me any rights of ownership in the Information Products, NRM&E's System and/or the Licensee's System and all Intellectual Property Rights including copyright in the Information Products are unaffected by this Agreement.
- NRM&E retains ownership of the Intellectual Property Rights that it has in each of the Information Products, whether in its original form, or as reformatted or converted onto different media by the Licensee or by me.
Confidentiality
- The information databases contain the valuable commercial information of NRM&E and the manner in which the Information Products are accessed through NRM&E's System and/or the Licensee's System is of a confidential nature.
- I will take all reasonable steps to maintain and safeguard the security of NRM&E's System and the Licensee's System. I further agree to ensure that my employees and consultants maintain the security NRM&E's System and the Licensee's System and use NRM&E's System and the Licensee's System solely for the purposes permitted under this Agreement.
- I will include safeguards in the procedures for the operation and administration of the Licensee's Agents System against unauthorised access to NRM&E's System and/or the Licensee's System and in particular I agree to provide and maintain a firewall between the Licensee's Agent's System and the End User.
Prohibited Use
- I will not reformat any Information Product or alter it in any way.
- I will not produce reports or publications based on any Information Product for public sale or distribution without the prior written approval of NRM&E.
- I am not and do not become a partner, employee or agent of NRM&E under this Agreement and will not allow myself to be represented as such.
Copying and Storage of Information Products
- I will not store all or any part of an Information Product on any computer or retrieval system for a period in excess of 3 business days from the day on which it was requested.
- Information Products must not be transmitted to any other End User or used for any other purpose other than to satisfy the original request from an End User.
Marketing
- I will trade under 1 trading name only in respect of the matters under this agreement.
System
- I will ensure that the Licensee's Agent's System is time and date compliant within the State of Queensland.
Distribution to End Users
- I will not distribute any Information Product to an End User unless that End User has either signed a written licence agreement with me for access via a closed network, or agreed to enter a licence agreement via an open network/internet environment. Both types of licence agreement with an End User must incorporate the conditions set out in the Standard Terms.
- If an End User is entering a licence agreement via an open network/internet environment I will ensure that prior to accessing an Information Product the End User accepts the terms and conditions in the Standard Terms by having to respond to an "I agree" (or similar wording to the same effect) button that must be clicked.
- I will not delete, modify or otherwise alter the conditions set out in the Standard Terms.
- I will ensure that an End User uses the Information Products that it receives from me only for its own personal use or in the ordinary course of its business (e.g. solicitor, accountant, title search firm, etc.). I will ensure that the End User is not a business acting as an electronic online re-supplier in a similar manner to the Licensee or me.
- Information Products may only be supplied to an End User in the following ways:
i. As a display on the Licensee's Agent's System computer screen.
ii. As a printout from the screen of the Licensee's Agent's System computer.
iii. By electronic online supply to any End User.
iv. By email delivery provided the email is completely deleted from the Licensee's Agent's System immediately upon successful transmission.
- Nothing in the above clauses entitles me to keep a copy of any portion of an Information Product on any retrieval system (except as provided for in "Copying and Storage of Information Products" above).
- I will provide to the End User on request, non-confidential details as to the date, time and Information Product type requested by that particular End User.
