This version (2006.1) of the terms and conditions is valid as at 1 April 2006

Definitions & Interpretations

"Application" means the account application form completed by the Customer applying for the services.

"Business Partners" means organizations from whom Legalink obtains and to whom Legalink provides Services by Agreement

"Customer" means the legal entity named in the Application as the Customer

"Database" means a database of a Database Provider to which you have access pursuant to this agreement

"Database Provider" means any State or Commonwealth department or authority or other non-Government body contributing a database to the Legalink web site or accessed by Legalink

"Legalink" means Legalink Pty Limited ACN 099 032 596

"LPI NSW" means the Land and Property Information New South Wales.

"Service" means the online service delivered by Legalink, its Business Partners and provided by service providers or the off-line services delivered by Legalink

1.    Terms of Agreement

1.1. Commencement

1.1.1  Application for access to Legalink services is made by completion & submission of the approved account application form ref http://www.legalink.com.au/AboutUs/newaccount.asp

1.1.2  This agreement shall commence when we acknowledge receipt of your account application by email acknowledgement and notification of a customer code (and associated user id's & passwords) to the applicant or applicants nominated representative.

1.2. Variation & Assignment

1.2.1    Legalink will provide the Customer with access to the Service on the terms and conditions set out in this agreement providing the Customer complies with the procedures for access and use of the Service as determined by Legalink from time to time.

1.2.2    Legalink have the right to change or discontinue any feature or service at any time, including content, hours of availability, pricing, equipment required for access and Terms and Conditions.

1.2.3    Legalink may by notice in writing to the Customer assign the rights and obligations of this agreement

1.2.4    The Customer must not assign any of the Customers' rights under this agreement.

1.2.5    The Customer must provide to Legalink within one week, written notice of any variation to the details on the application.

1.3. Termination by Legalink

1.3.1  This agreement will continue until terminated by Legalink by written or electronic notice notwithstanding Legalink may terminate it immediately by denying the service to the Customer if the Customer is in breach of any of the conditions herein.

1.4.  Termination by the Customer

1.4.1 You can terminate this agreement by advising us by e-mail (info@legalink.com.au). The notice of termination must include your Customer Code. Termination will take effect when all amounts owing are paid.

2.    Business Partners - additional Terms & Conditions

2.1  Access to particular databases may be subject to certain additional Business Partner specific terms.  Links to those Business Partner Terms & Conditions are notified in this section. You agree that by accessing a database, you agree to the additional database specific terms that are applicable: CITEC Confirm Terms & Conditions (refer www.legalink.com.au)

3.    Charges & Terms of Payment

3.1    The Customer agrees to pay Legalink fees as charged by Legalink and the fees as charged by the parties and authorities from which the information and services are obtained and any government charges duties and taxes including GST.   

3.2    Where the supply of information or services from authorities is GST free or GST exempt, Legalink acts as the Customers Agent in facilitating that supply.  The Customer agrees to pay the charges to Legalink as specified in the standard fee schedules for online & offline services as amended from time to time.      

3.3    The Customer agrees that all fees and charges are incurred as principal and not as agent for any other party and agrees to pay all fees and charges by the due date, although the Customer may not have received payment from the party that the Customer acts for

3.4    The Customer will be invoiced daily/weekly or monthly as agreed for online services used and must pay all amounts including GST within 30 days of month end. The Client will be invoiced for offline services on completion of the service performed and must pay all amounts including GST within 30 days of month end.  

3.5    Failure to comply with the standard terms of payment may result in the suspension of service

3.6    An Interest Charge may be applied to all amounts 60+ Days Overdue and must be paid within 30 days from month end.

3.7    Payment Options - We accept Cash, Cheques, Money Orders, Electronic Funds Transfer (EFT) and Credit Card (Bankcard, MasterCard and Visa only) - subject to 2.5% credit charge.

4.     Force Majeure

4.1  Legalink shall not be under any liability for any delay, loss or damage (including consequential loss) caused by the Customer directly or indirectly by the unavailability of access to the service caused by the failure of the customer to comply with this agreement, power or mechanical failure or any cause whatsoever out of the control of Legalink.

5.     Governing Law

5.1  This agreement shall be governed by and interpreted in accordance with the laws of the State of New South Wales Australia.

 

6.  Interruption of Service

6.1    Legalink will use all its reasonable endeavors to ensure that the Service is available during normal business hours and as the Service may be accessed by the Internet the Service may extend beyond these hours.

6.2    The Customer acknowledges that the online services delivered by Legalink are not provided by Legalink and are provided by authorities that are not parties to this agreement.

6.3    Legalink does not undertake, represent or warrant that access to any online services will be available at any or all times and the access to any service will be subject to the availability of the service as made available by the relevant service provider from time to time

7.  Liability

7.1    Legalink will not be liable to the Customer in respect of any loss, damage, or expense in connection with the Customers use of the service for any reason whatsoever, including negligence.

7.2    To any extent that the above clause is rendered void or unenforceable by any relevant law, Legalinks' liability to the Customer for any breach of term is limited at the option of Legalink to either re supplying the service again or the payment of the cost of having the service supplied again.

7.3    Legalink provides the Service to the Customer on the basis that Legalink does not render legal advice or engage in other professional services.

7.4    The Customer agrees that in regard to any online data sourced from the LPI NSW that the Customer will not on sell that data by way of any online service to any other party, alter any of the data so supplied; or print the subject data on any pre-printed paper unless the data layout and pre-printed format have been approved by the LPI NSW.

7.5    The Customer acknowledges that the National Personal Insolvency Index maintained by the Insolvency and Trustee Service of Australia (ITSA) may contain errors and that Legalink shall not be liable for any inaccuracy therein.

8.     Minimum System Requirements

8.1  Legalink provides electronic services using Internet technology. The Customer is responsible for any computer equipment and software required for access to the service.

9.    Privacy

About You

9.1   Legalink will retain and protect the information provided by you for registration and Legalink purposes only (but may be legally required to disclose it in some circumstances, e.g. if ordered by a court to do so).

9.2    It is impossible to guarantee the protection of your personal data absolutely.  Legalink uses encryption which provides a level of security. However, your data may be exposed to loss, unauthorised access, use, modification or disclosure.

9.3    Legalink will not use the information for on-selling to list brokers.

9.4    Legalink may pass limited information (your user Id & password) to an Electronic Business Partner in an encrypted format to facilitate access to Business Partner databases & services.

Account Code and Password Security

9.5    You are totally responsible for the use of your account code and password and for maintaining their security. You shall be responsible for any use whatsoever of the Customer Code and Password. You agree not to reveal your Legalink Password to any other person other than your employees who you authorise to use your Customer Code and Password. For security reasons, you shall be required to change the password when requested

9.6    The Customer indemnifies Legalink, its agents and employees from any costs, fees, damage, loss, claims and liabilities arising from any use of misuse of the Service.

9.7    The Customer is responsible for all unauthorised use of the Customers' password, including the payment of all fees and charges from use of the Customers' user name and password.

10. Specific Databases - additional Terms & Conditions

10.1 Access to particular databases may be subject to certain additional database-specific terms.  These terms are notified on this screen.   You agree that by accessing a database, you agree to the additional database specific terms that are applicable: Automated Titles System from Queensland Department of Natural Resources (refer www.legalink.com.au) and Landata System access from Land Victoria (refer www.legalink.com.au)

11. Support

11.1We will endeavour to provide personal support via a 1800 telephone number during operating hours. Where necessary a complete response will be attempted within 24 hours.

12. Transmission Speed

12.1 We have no control over the speed of transmission of data where the Internet is used for access.

13. Waiver

13.1None of these Terms and Conditions will be taken to be waived except by written notice signed by you and us