Guide to Services and Fees Terms and Conditions: Online Shop UserAccount Client

This Agreement is between Direct Info Pty Ltd ABN 25 160 378 263 (Direct Info) and the User of this Service. Use of this Service indicates acceptance of these Terms and Conditions by the User who is provided with online access subject to these Terms and Conditions.

1. Definitions and Interpretation

1.1 In this document, unless the context indicates a contrary intention:
“Agreement” means these Terms and Conditions and includes the Schedule of Fees and the Schedule of Services.
“Authority” means any government department or statutory authority that provides documents, data or information to Direct Info for the purpose of Direct Info to provide the Services.
“Client” means the entity which appoints Direct Info to perform the Services in accordance with this Agreement.
"Fees"means Direct Info fees as set out in the Schedule of Fees on the Direct Info website for the “Online Shop”. as attached to the Account Client’s Licence Agreement.
“GST” means a tax imposed under GST Law.
“GST Law” has the meaning given in section 195-1 of A New Tax System (Goods and Services) Act 1999 (Cth).
“Insolvency Event” means:

  1. In the case of a corporation:
    1. A party is liquidated, whether compulsorily or voluntarily (other than for the purpose of amalgamation or reconstruction whilst solvent);
    2. A party enters into any arrangement with creditors;
    3. A party becomes subject to external administration within the meaning of Chapter 5 of the Corporations Act 2001 (Cth) including having a receiver or administrator appointed over all or any part of its assets; or
    4. Anything analogous or having a substantially similar effect to the events specified in i. to iii. above occurs in relation to a party in any jurisdiction, or
  2. In the case of an individual:
    1. A party commits an act of bankruptcy within the meaning of the Bankruptcy Act 1966 (Cth);
    2. A party enters into any arrangement with creditors; or
    3. Anything analogous or having a substantially similar effect to the events specified in і. and іі. above occurs in relation to a party;
“Intellectual Property Rights” means trademarks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
“Persons” means a person other than the registered Party.
“Persons” means a Party’s officers, employees, agents and contractors.
“Services” means the providing of requested Authority Information or any other service to be provided by Direct Info or its’ Agents to the User. Client.
“User”
means the entity which appoints Direct Info to perform the Services in accordance with this Agreement.
1.2 In this document, unless the context indicates a contrary intention:
  1. headings are for convenience only and do not affect interpretation;
  2. a reference to a person includes a natural person, corporation, partnership, and any other organisation or legal entity;
  3. the word “include” in all its grammatical forms is not a word of limitation;
  4. a word that is derived from a defined word has a corresponding meaning;
  5. the singular includes the plural and vice versa; and
  6. a reference to “dollars” or “$” is to Australian currency.

2. Access Terms

2.1 Upon acceptance of the User’s Registration by Direct Info and subject to the Terms of these Terms and Conditions, Direct Info will provide access to the Service 24 hours per day 7 days per week and support during business hours – 8.30am - 5.30pm.
2.2 Direct Info is not responsible for delay, accuracy or corruption of any information provided by any Authority during transmission to the User or otherwise.
2.3 Direct Info shall issue the User with a Username and Password allowing access to the Services. The User is responsible for keeping the Username and Password confidential. A requested cancellation of a Username and / or Password is to be submitted in writing and will be cancelled in writing within a reasonable time frame during normal business hours.
2.4 The User acknowledges that by using the Services, Direct Info retains and collects User information. Direct Info is permitted to store and collect:

  1. your server address
  2. your domain name
  3. the date and time you visited / used the Direct Info Services
  4. the pages you accessed
  5. other identifying information
2.5 Direct Info will only use the information for the purposes set out in the Direct Info Privacy Policy
2.6 Direct Info will ensure this information is stored securely.

2. This Agreement to prevail – Terms

2.1 This Contract shall commence on the acceptance of the Client’s Licence Agreement by Direct Info and subject to the Terms of these Terms of Engagement will continue for the Minimum Contract (the “Initial Period”) of twelve months. This Contract will automatically renew for subsequent twelve month renewal periods unless a Party gives the other Party written notice of its intent to not renew at least thirty (30) days prior to the end of the Initial Period or any Renewal Period.
2.2 The terms and conditions of this Agreement prevail over any other terms and conditions (including those of the Client, if any) and can only be varied by written agreement between parties.
2.3 Any request by the Client for the provision of the Services by Direct Info which purports to include terms not expressly included in this Agreement is of no effect and the Client’s request is deemed to be an offer on the basis of this Agreement.

3. Termination of Access
3.1 Direct Info reserves the right to deny the User access to the services if the User is in breach of any of the conditions in this Agreement by way of written notice.
3. Termination
3.1 Direct Info may, subject to providing fourteen (14) days written notice to the Client (during which time the Client may resolve any breach) terminate this Agreement and deny the Client access to the services if the Client is in breach of any of the conditions in this Agreement or in the event of Insolvency.
3.2 Termination shall not affect the Client’s obligation to pay the fees that were incurred on or before the date of termination (refer clause 4.1)
4. Fees
4.1 The User acknowledges that once the Credit Card details are entered and the “Process” button is clicked that subject to verification your Credit Card will be charged.
4.2 The User is responsible for all charges incurred against the User’s Username and Password including unauthorised use.
4.3 The User will notify Direct Info of any unauthorised use of the Services of which the User is aware.
4.4 Direct Info will supply a Tax Invoice inclusive of GST for supply and payment of the Services purchased.
4.5 All fees are in Australian Dollars. Any transaction made in a foreign currency may incur a foreign currency conversion fee.
4. Fees and Terms of Payment
4.1 The Client is responsible for all charges incurred against the Client’s Account Code, User ID and Password including unauthorised use.
4.2 The Client will notify Direct Info of any unauthorised use of the service of which the Client is aware.
4.3 All charges are payable to Direct Info net 30 days from date of invoice for the Services provided.
4.4 Should the Client fail to pay (within a reasonable time i.e. within 14 days of the due date); Direct Info reserves the right to suspend access to the service pending payment.
4.5 In the event of a debt being handed over to a debt collection agency, the Client will be liable for all legal costs associated with the collection of the debt.
4.6 Direct Info will supply a Tax Invoice inclusive of GST for supply of Services and The Client must pay the GST for the supply of its Services.
4.7 Direct Info may at its discretion increase the fees for or during any renewal period, by providing the Client with written notice of its intention to do so at
least thirty (30) days prior to the application of the fee increase. Notwithstanding clause 2, upon receiving a notice of a fee increase from Direct Info, the Client will have the right to elect to terminate their Contract, by providing the Company with written notice of its intention to do so within thirty (30) days of its receipt of Direct Info written notice of fee increase.
5 Liability
5.1 The Client agrees to the Conditions of Use as set out in the Terms and Conditions of the NSW Land & Property Management Authority (“LPI”) as follows:
Users are prohibited from:
  1. Using the Property Information other than for their own internal business purposes
  2. On selling, sub-licensing, disclosing or otherwise providing Property Information in any form to any other person.
  3. Altering the format, meaning or substance of any Property Information supplied.
  4. Printing Property Information on paper other than plain or pre-printed paper, which includes a Proprietory Notice.*
  5. Making copies of the Property Information other than as are reasonably required for backup purposes, provided that such copies include a * Proprietory Notice and are secured so as not to be accessed or used by unauthorised persons or for any purpose other than backup.
Users agree to:
  1. The collection and disclosure of my (User) information to LPI, for the purpose of LPI or its agents conducting customer satisfaction surveys.
* Proprietory Notice means a notice on material in which LPI claims rights, title or ownership and includes a notice in the form “Land and Property Information (year)”
5.2 Direct Info provides the Services to the User on the basis that Direct Info does not render legal advice.
5.3 Direct Info does not warrant that access to the Services will be available at any or all times. Access to any Authority Information will be subject to the availability of the Authority Information and as made available by the relevant Authority.
5.4 Direct Info will not be liable for any delay, inaccuracy, defect or error in any Authority Information.
5.5 Direct Info will not be under any liability for any delay, loss or damage caused to the Client by the loss of power or any mechanical failure outside the control of Direct Info.
5.6 The Client indemnifies Direct Info from and against any and all loss, damage or expense directly or indirectly arising from or in connection with any breach of this Agreement by the Client or any unlawful, negligent or wilfully wrong act or omission by the Client or the Client's personnel.
5.5 Direct Info will not be under any liability for any delay, loss or damage caused to the Client by the loss of power or any mechanical failure outside the control of Direct Info.
5.6 The User indemnifies Direct Info from and against any and all loss, damage or expense directly or indirectly arising from or in connection with any breach of this Agreement by the User or any unlawful, negligent or wilfully wrong act or omission by the User.
6. Force Majeure

Direct Info shall not be liable in damages or have the right to terminate this Agreement for any delay or default in performing by the Terms of Engagement if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government Restrictions (including the denial or cancellation of any export or other necessary license), power or mechanical failure, disruptions in telephone service, or labour actions by employees of a common carrier, wars, insurrections and / or any other cause whatsoever outside the control of Direct Info.

7. Assignment

7.1 The UserClient must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Direct Info, which consent will not be unreasonably withheld.
7.2 Direct Info may assign its rights or sub-contract its obligations under this Agreement.

8. Notices

8.1 Any notice to be given under this Agreement may be given in writing addressed to the party at the address specified at the commencement of this Agreement or to the email address supplied as a part of the User registration. its last known business address or, if the party is a company, at its registered office.
8.2 Any such notice sent via post will be deemed to have been received by the recipient on the third Business Day after the date of posting. Notices sent by email will be deemed to have been received 24 hours after sending and an email acknowledgement is sent by the party receiving the notice.

9. Additional Services

Any additional services introduced by Direct Info will have varied conditions to that of this Agreement.
The UserClient of the additional services will be bound by the Terms and Conditions for that Service.

10. Intellectual Property

10.1 The UserClient must not remove, obscure, or alter any copyright or proprietary rights notices which may be affixed or contained.
10.2 The UserClient acknowledges and agrees that all copyright, trademark and other intellectual property rights in the products and services are the property of or licensed by Direct Info or the applicable Authority and / or Authorities and that the UserClient has no rights of ownership over this information.
10.3 The User must not sub-licence its right to use Authority Information strictly for its own purpose by providing any Authority Information provided by Direct Info to any other party without the prior written consent of Direct Info. 10.3 The Client must not sub-licence its right to use Authority Information strictly for its own internal business purpose by providing any Authority Information provided by Direct Info to any other party without the prior written consent of Direct Info.

11. Privacy

11.1 In respect of personal information Direct Info has implemented measures to comply with its obligations under the Privacy Act 1988 (Cth) (Act). The personal information we collect about you will be used only for the purposes of fulfilling its obligations under this Agreement or otherwise by law.
11.2 The UserClient acknowledges that Direct Info collects personal information about you for the purpose of providing you with a high level of customer service, informing you of new related products and services and for the purpose of all related matters in fulfilling of our obligations under this Agreement.

12. General

12.1 Direct Info shall issue the User with a Username and Password allowing access to the Services. The User is responsible for the acts of any Persons other than the registered User and without limitation must protect the security of the Username and Password and control the use of the Services. All requested cancellations of Username and / or Password are to be submitted in writing and will be cancelled in writing within a reasonable time frame during normal business hours. 12.1 Direct Info shall issue the Client with a Username/s and Password/s allowing access to the Services. The Client is responsible for the acts of its Personnel and without limitation must protect the secrecy of all passwords and control the use of the Services by its Personnel. All requested cancellations of Username/s and / or Password/s are to be submitted in writing and will be cancelled in writing within a reasonable time frame during normal business hours.
12.2 This agreement consitutes the sole and entire Agreement between the parties with regard to its subject matter and a warranty, representation, guarantee or other term or condition of and nature not contained or recorded in the Agreement is of no force or effect.
12.3 This Agreement is made in the State of New South Wales and is goverend by the laws of New South Wales.