Terms and Conditions for Online System Access

Between: LegalStream Australia Pty Ltd, (LegalStream) ABN 80 002 801 498

And: A User/Client of this System (Client)

Use of this electronic online system indicates acceptance of this Agreement by the Client who is provided with online access subject to these Terms and Conditions.

1. Access Conditions

1.1

LegalStream will provide access during normal business hours

1.2

The Client is responsible for its own equipment to access the system

1.3

LegalStream is not responsible for the accuracy of any information provided by the Information Providers whether by reason of corruption during transmission to the Client or otherwise

1.4

The Client agrees to keep its User ID and Password confidential.

2. Liability

2.1

The Client agrees that in respect of data sourced from the NSW Land & Property Information Office and delivered by electronic online supply the Client will not:

  • provide that data via online connection to any other party
  • use the property information other than for their own internal business purposes
  • on-sell, sub license, disclose or otherwise provide property information in any form to another person
  • alter the format, meaning or substance of any of that data so supplied, or
  • print that data on paper other than plain paper or pre-printed paper which has been approved in writing by the NSW Land & Property Information Office.
  • make copies of the Property Information other than as reasonably required for back up purposes, provided that such copies include a Proprietary Notice and are secured so as not to be accessed or used by unauthorised persons or for any purpose other than backup.

2.2

LegalStream 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 LegalStream.

3. Charges

3.1

The Client is responsible for all charges incurred against the Client’s Account Code, User ID and Password including unauthorised use

3.2

The Client will notify LegalStream regarding any unauthorised use of which the Client is aware

3.3

LegalStream will issue an invoice/statement each month for the Client’s account

3.4

The Client acknowledges that payment of the monthly invoice/statement is required within 14 days of issue and accepts this as part of the Terms and Conditions herein

3.5

If the Client fails to pay within a reasonable time then LegalStream may suspend access to the service.

4. General

4.1

This Agreement will be applicable to the laws in force from time to time in New South Wales

4.2

The Client may not transfer, assign, lease or dispose of its rights under these Terms and Conditions without the written consent of LegalStream

4.3

The Client will not be entitled to access the Central Registry of Registrations (CRR) database unless there are sufficient funds held in credit to cover costs or unless there is an alternative arrangement with LegalStream

4.4

LegalStream reserves the right to terminate this Agreement at any time by notice in writing to the Client

4.5

The Client may terminate this Agreement at any time by notice in writing to LegalStream. Termination will not affect the Client’s obligation to pay charges under Clause 3.1 that were incurred on or before the date of termination.

5. Agency

5.1

In consideration of the Client operating the system the Client appoints LegalStream to be their agent for the provision of this service.

6. Privacy

6.1

LegalStream will comply with the obligations of the relevant legislation, including the Privacy Act (1998) and the Privacy and Personal Information Protection Act (1988)

6.2

In the course of our business, LegalStream collect or receive personal information including names and contact details of our clients. We are often provided with personal information via third parties, for example, where lenders provide us with borrowers’ details for the purpose of processing a mortgage transaction. We collect and receive this information only for the purpose of conducting our business. Where information is required to be retained over a period of time, it is recorded in our database and we make every effort to ensure it is accurate and up-to-date.

6.3

LegalStream will not use or disclose your personal information other than in the following circumstances:

  • the information is reasonably required to be disclosed in the normal course of conducting our business including as described in our Terms and Conditions, or
  • the information is required to be disclosed according to the requirements of any law, or
  • disclosure of the information has been approved by your written authorisation, or
  • the information is or has generally become available to the public without breach of this policy.

6.4

From time to time, LegalStream may also let you know about our products and services. If, at any time, you do not wish to receive these kinds of communications, please let us know.