1. TERMINOLOGY

In these Terms

"You" and “Your” means you personally, your business entity and officers, employees and agents of your business entity.

“We”, “us”, “our” and “LSSA” is a reference to either Land Services SA Operating Pty Ltd (ACN 618 229 815) as trustee for the Land Services SA Operating Trust (ABN86 836 650 939), trading as “Land Services SA”, in its capacity as principal and, to the extent that it provides any of the Online Services as delegate or agent of the Crown in Right of the State of South Australia (State), in its capacity as delegate or agent (as the case may be) of the State.

2. APPLICATION OF TERMS

These Terms apply to your use of any services provided via the Internet by us including the use of:

our website www.landservices.com.au (Website);

any materials provided by us to you, or by you to us or any information or materials obtained by you (either directly or indirectly) as a result of or in connection with your use of the Website or the Services (including information, text, images, graphics, logos, audio and/or video recordings, code and software information obtained by LSSA in providing certain land titling services, valuation services, transaction processing and other customer services for an on behalf of the State and information and data obtained by you in the search and product services (Data)) (Content),

(together the Online Services).

3. ACCEPTANCE OF TERMS

By using the Online Services you agree to be bound by these Terms and acknowledge that you have read and understood the Terms. If you do not accept these Terms, you must immediately leave, and otherwise refrain from using, the Online Services.

4. ELIGIBILITY

The Online Services are available only to individuals who can form legally binding contracts under any applicable law. If you cannot enter into legally binding contracts, you must immediately leave the Website and otherwise refrain from using the Online Services.

5. CONTENT

While LSSA endeavours to ensure that all Content is accurate, complete, up-to-date, reliable and error-free, you acknowledge that this may not always be the case and that LSSA does not represent or warrant that this will be the case.

Subject to any requirements of the Real Property Act 1886 (SA) (Real Property Act), any Content may be changed, withdrawn or discontinued at any time and without notice. The Content is provided from Australia and may not be available, appropriate or lawful for use in other jurisdictions. The Content does not necessarily reflect the views or opinions of LSSA or the State. The Content may not be tailored to your particular circumstances and does not constitute advice or a recommendation.

LSSA and the State accept no liability for any use of the Content or any reliance placed on it. Any use of or reliance on the Content is entirely at your own risk and you acknowledge and agree that it is your responsibility to verify any Content and otherwise seek your own independent advice.

If you use automatic language translation services in connection with this Website, you do so at your own risk.

The Content on this Website is subject to change without notice.

6. THIRD PARTY SERVICES AND LINKED WEBSITES

The Website includes links to other websites operated by community, business and government. These linked websites will have their own terms and conditions of use and you should familiarise yourself with those terms and conditions. If the Content includes links or references to information or services that are not provided by LSSA, then unless expressly stated otherwise, these links are provided on an “as is” basis and neither LSSA nor the State:

endorse, recommend or approve them or the practices of the organisations that operate them, or any information, materials or goods or services referred to or provided by them;

make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to this site;

make any warranties or representations that material on other websites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world; and

authorise the infringement of any intellectual property rights contained in material in other websites by linking this site to those other websites

Any such links or references are provided for convenience only and may not remain current.

7. COLLECTION OF INFORMATION AND PRIVACY

LSSA may collect Personal Information using the Online Services for providing Content to you, marketing purposes, our internal business purposes and any other specific purposes advised to you from time to time. The information may be used by us, our related companies, the State, and may be disclosed to our and the State’s consultants or advisers. Any disclosure of Personal Information by us, our related companies or our consultants or advisers will be governed by both the Privacy Act 1988 (Cth) (Privacy Act) and by our Privacy Policy and Privacy Statement (each found here: www.landservices.com.au). Any disclosure of Personal Information to the State will be governed by the State’s Information Privacy Principles found at https://www.dpc.sa.gov.au/documents/rendition/DPC-Circular-Information-Privacy-Principles-IPPS-Instruction.pdf. Our Privacy Policy and Privacy Statement each include details of:

how we collect, hold, store and share Personal Information;

the circumstances in which your Personal Information might be sent overseas;

your rights of access to, and correction of, your Personal Information; and

the security measures we have in place over your Personal Information.

You are not required to provide us with your Personal Information by any law, however if you fail to do so, we may not be able to carry out the purpose for which the Personal Information may be collected and used.

In addition, we may collect certain non-personal information, such as the domain name, IP address from which the Website is visited, the date and time of the visit to the site, the pages accessed and documents downloaded, the previous website visited and the type of browser used and use that data to, among other things, analyse trends and statistics. We also may use “cookies” on our Website which is a small text file that our Website may place on your computer. Cookies are an industry standard and are used as a means for our Website to remember your preferences. In some cases, cookies may collect and store Personal Information from you. If you wish, you can disable cookies via your internet browser. If you disable “cookies” then you may not be able to use our Website to its full functionality.

You may contact LSSA (refer below) if you have any questions regarding our use of your Personal Information or otherwise to request access to any Personal Information about you held by LSSA.

LSSA and the State do not guarantee the security of any information you may send to LSSA or the State using the Website during its transmission, however LSSA will endeavour to protect such information once it is received.

Personal Information has the meaning given in the Privacy Act.

8. GOOGLE ANALYTICS

In addition to web server logs, we use Google Analytics, a web analytics service provided by Google Inc. (Google). Reports obtained from Google Analytics are used to help improve the efficiency and usability of this Website and allow LSSA to monitor traffic on the Website so we can ensure the best quality content possible is delivered to you.

Google Analytics anonymously tracks how our visitors interact with this Website, including where they came from, what they did on the site including what pages they visited and links they clicked. The information generated by Google Analytics program will be anonymously transmitted to and stored by Google on servers located in the United States of America. Further information can be obtained from the Google webpage and by visiting the site: " How Google uses information from sites or apps that use our services", (located at www.google.com/policies/privacy/partners/ or other pages located at www.google.com.

Google can be contacted on Google's “Contact us” page.

Google will use this information to evaluate your use of our Website, compiling reports on our Website activity and providing other services relating to Website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.

By using this Website, you consent to the processing of data about you by Google in the manner described in Google's Privacy Policy and for the purposes set out above.

You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

9. INTELLECTUAL PROPERTY AND USE OF DATA

Unless stated otherwise, either the State or LSSA owns or licenses the copyright and all other proprietary rights in the Content. All Intellectual Property Rights in the Data remain with the State. Subject to the requirements of the law, at no stage are you entitled to commercialise the Data.

You may not, without LSSA’s or the State’s prior written permission, reproduce, display, store, print, publish, distribute, commercialise, perform, adapt, or create derivative works from any Content other than as permitted by law and as required for your effective use of the Online Services. Any word or logo which appears in the Online Services in association with the ™ or ® symbol is a trade mark, and must not be used unless in accordance with the requirements of the law. LSSA and the State reserves any rights not expressly granted by these Terms.

Except as expressly permitted under these Terms or to the extent permitted by law, you must not:

decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Online Services or the Content, including any source code, object code, algorithms, methods or techniques used or embodied therein or any Data forming part of the Content;

modify, duplicate or create any derivative works based upon the Online Services or the Content;

remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Online Services or the Content;

data mine, scrape, crawl, email harvest or use any process or processes that send automated queries to the Online Services or the Content (including robots or spiders);

use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website or which otherwise impacts on the availability of the Online Services to other users; or

use, or offer to use, the Online Services or any Content with the intention of encroaching upon the privacy of an individual or otherwise breaching the Privacy Act.

Without limiting the above, you must not undertake any action that will impose a burden or make excessive traffic demands on LSSA’s or the State’s infrastructure hosting the Website that we or the State deem, in our sole discretion, to be unreasonable or disproportionate site usage.

10. AVAILABILITY

You acknowledge and agree that Content may be obtained from the Online Services using the Internet or other communication networks which are not operated by LSSA or the State and which may be affected by factors outside of LSSA’s or the State’s control. Accordingly, LSSA or the State cannot guarantee the availability of all or any portion of the Online Services.

You acknowledge and agree that accessing the Online Services to acquire Content may involve charges for data imposed by your carrier or service provider (including if you are accessing the Online Services through a mobile provider). It is your responsibility to be aware of these charges and LSSA or the State not responsible for any charges you may incur through use of the Online Services.

You acknowledge that the Online Services may not be operated on a continuous basis and your access to the Online Services may be terminated or restricted by us or the State for any reason at any time (including for maintenance purposes) and we or the State will not be liable for and do not accept any responsibility in respect of any loss or damage you may suffer as a result of any restricted use, difficulty or inability to download or access any Content or the termination of the Online Services.

11. SECURE TRANSMISSIONS, PROTECTION FROM VIRUSES AND INTERFERENCE

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we or the State make no warranty and do not ensure the security of any information which you transmit to us and any such information is transmitted at your own risk.

You must take your own precautions to ensure that the process which you employ for accessing the Online Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. LSSA and the State do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Online Services or any linked website.

12. TERMINATION

Subject to its obligations at law and to the State, LSSA or the State may immediately terminate your entitlement to use the Online Services at any time. LSSA may give you notice of such termination, in which case you must cease all use of the Online Services in accordance with that notice. Any disclaimers, releases or indemnities will survive termination of these Terms.

13. DISCLAIMER

LSSA and the State do not attempt or purport to exclude any liability arising under statute if, and to the extent, that liability cannot be lawfully excluded. However, LSSA and the State exclude to the extent lawfully permitted all liability for any loss or damage of whatever kind (including consequential or incidental damage) and however arising (including due to negligence) that you may suffer, directly or indirectly, in connection with your use of or reliance on Online Services or any Content. Any warranties, guarantees, representations or other assurances implied or imposed by law or statute are expressly excluded to the fullest extent permitted by law. To the extent that any cannot be excluded, the liability of LSSA and the State will be limited to the cost of the resupply of the Content.

In no event will LSSA or the State be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind (including without limitation loss of profits, loss of data or damage to any equipment) arising out of your use of or access to the Online Services or any Content, your inability to use the Online Services or any Content, or the interruption, suspension or termination of the Website or any Content (including any damage incurred by third parties).

14. INDEMNITY

You agree to indemnify and hold harmless LSSA and the State, their affiliates, agents, officers, employees and representatives from any loss, damage, expenses, penalties, claims or other liabilities that LSSA or the State may incur due to your use of the Online Services, any Content or any breach by you of these Terms.

15. AMENDMENTS TO TERMS AND CONDITIONS

LSSA may at any time vary these Terms by publishing updated Terms on the Website. Any amendment will be subject to approval of the State. You agree that any such updated Terms will immediately apply from the time that they are published on the Website. Your continued use of the Online Services after LSSA publishes updated Terms constitutes your acceptance to be bound by the updated Terms.

16. APPLICABLE LAWS

The laws of South Australia, Australia, apply to these Terms and all matters relating to the use of the Online Services. You agree to submit to the non-exclusive jurisdiction of the courts of South Australia with respect to any claim or dispute regarding such matters.

17. SEVERANCE

If any part of these Terms is invalid or unenforceable, that part will be severed and not apply but the remainder of these Terms will continue to operate.

18. ASSISTANCE

Please contact Customer Support between the hours of 9:00am to 5:00pm Monday to Friday.

Level 9, 101 Grenfell Street, Adelaide
Phone 08 8423 5000
Fax 08 8423 5090
Country callers 1800 648 176 (toll free)
Email: [email protected]
GPO Box 1354 Adelaide SA 5001
www.landservices.com.au