TERMS AND CONDITIONS
- Land Insight and Resources (LIR) will perform the Services in accordance with these terms and conditions
- By confirming acceptance by clicking “Agree” on Land Insight & Resources’ website, or otherwise confirming Land Insight & Resources was to proceed with the Services, the User acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.
- Land Insight & Resources reserves the right to change these terms and conditions. Any change shall be effective upon notice, which may be given by Land Insight & Resources posting such change on the Website, or by direct communication with the User.
- Land Insight & Resources agrees to undertake the Services using due skill, care and diligence.
- The User assumes the sole risk of making use of, and/or relying on, the Report and the Services. Land Insight & Resources makes no representations about the suitability, completeness, timeliness, reliability, legality, or accuracy of the Services.
- Unless Land Insight & Resources agrees expressly otherwise:
- The Services are solely for the use and benefit of the User; and
- Land Insight & Resources does not accept any liability, whether directly or indirectly, for any liability or loss suffered or incurred by any third party placing any reliance on the performance of the Services or any Documents or material arising from or in connection with the Services.
- The User warrants to Land Insight & Resources that it will not use the Services for any purpose that is unlawful or is otherwise inconsistent with these terms and conditions.
- The User will not alter in any way or provide a copy of the Report or any Document prepared by Land Insight & Resources to any other person without Land Insight & Resources’ prior written consent.
- The User indemnifies and keeps indemnified and holds harmless Land Insight & Resources from and against any and all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought by a third party against Land Insight & Resources in connection with:
- any reliance by a third party on the performance of the Services or any Documents or material arising from or in connection with the Services;
- any unauthorised use of the Report;
- any act or omission of the User; or
- any breach of these terms and conditions by the User.
- The Fee will be payable at the time of submitting the Application Form unless invoicing payment terms have been negotiated prior to purchase with Land Insight & Resources.
- The User and Land Insight & Resources may agree in writing to vary the Services. The fee for each variation shall be agreed between Land Insight & Resources and the User. If the User requests any variation to the Services after submitting an Application Form, Land Insight & Resources may charge an additional fee for the variation. Land Insight & Resources will notify the User of the proposed additional fee and request acceptance in writing prior to performing the work required to give effect to the variation requested by the User under this clause11.
- The User agrees to pay Land Insight & Resources the Fee, including the fee for any variation requested in accordance with clause 11.
- If the User’s rights are terminated and the User has made an advance payment, Land Insight & Resources will refund the User a reasonable proportion of the balance as determined by Land Insight & Resources in relation to the value of Services already provided.
- GST at the prevailing rate is payable in addition to the Fee. The User agrees to pay any other applicable taxes, duties or government imposed fees related to the User’s use of the Services.
- Land Insight & Resources owns all intellectual property in the Report and arising from or in connection with the Services.
- Land Insight & Resources grants the User a royalty-free licence to use Land Insight & Resources’ intellectual property for that User’s personal assessment of its Property(s) only.
- Upon submitting the Application Form the User consents to Land Insight & Resources’ use of the personal data provided by the User for the purposes of providing the Services.
- The Reliance on the Report, the use of the Services and the use of Land Insight & Resources’ Website is at the User’s own risk. The User accepts that, subject to clause 19, Land Insight & Resources does not guarantee the confidentiality of any communication or information transmitted through the use of the Website.
- Land Insight & Resources will not provide to any third party any personal data provided by a User without the User’s permission.
- The User acknowledges that any feedback provided to Land Insight & Resources over the Website is not confidential and that Land Insight & Resources has the right to publish, reproduce, disseminate, transmit, distribute and copy (in whole or in part) any such feedback without the approval of the User.
- Land Insight & Resources assumes no responsibility or liability for any content, communications or feedback submitted by a User over the Website. If a User has submitted objectionable content, communications or Feedback, Land Insight & Resources may, in its sole and absolute discretion, terminate that User’s account, take legal action, or notify the appropriate authorities or parties, without prior notice.
Third Party Services
- The User accepts that, although the Website may contain or provide information regarding applications, products and/or services provided or offered by third parties, Land Insight & Resources does not recommend or endorse any such third party applications, products and/or services.
- The report contains content provided to Land Insight & Resources by other parties (Third Party Content). Land Insight & Resources is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning the accuracy or completeness of any Third Party Content. The User relies on the Third Party Content completely at the User’s own risk.
Limit and extent of liability
- Land Insight & Resources’ liability is limited to the amount of the Fee. Liability arising in the provision of the Services is reduced to the extent that it arises out of or in connection with any negligent act or omission by the User.
- Neither party is liable to the other for loss of actual or anticipated revenue or profits, increased capital or financing costs, increased operational or borrowing costs, pure economic loss, exemplary or punitive damages or indirect or consequential damages or loss.
- In no event shall Land Insight & Resources or any directors, officers, employees or agents be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website, any delay or inability to use the Website, any information available on the Website, or otherwise arising out of the utilisation of the Website, whether based in contract, tort, strict liability, or otherwise, even if Land Insight & Resources has been advised of the possibility of such damages. The negation of damages set forth herein is a fundamental element of the basis of the bargain between Land Insight & Resources and the User. The Services would not be provided without such limitations.
- The User accepts that the Services:
- provided do not take into account any information relating to the actual state or condition of the Property; and
- will be conducted in relation to any title reference(s) provided to Land Insight & Resources by the User. If the User requests any variation to the title reference(s) after submitting an Application Form, Land Insight & Resources may charge an additional fee for the variation to the title reference(s).
- The User acknowledges that the Services are not to be interpreted as commenting on the physical characteristics or condition of the Property, any particular purpose or use of that Property or the saleability or value of the Property.
Termination and Modification
- Land Insight & Resources reserves the right in its sole discretion to terminate, block or restrict the User’s use of the Services or any portion thereof, for any reason (including for breach of these terms and conditions), and without notice. In addition, Land Insight & Resources reserves the right in its sole discretion to terminate or modify any part of the Website without notice, for any reason.
- The User agrees not to directly or indirectly, attempt to or disrupt, impair, interfere with, alter or modify the Website or any of its content.
- The User agrees not to allow, aid or abet third parties to directly or indirectly, attempt to or disrupt, impair, interfere with, alter or modify the Website or any of its content, or obtain access to any information regarding any User or any other Report issued to a User.
- Any complaints in relation to the Services should, in the first instance, be in writing and addressed to Land Insight & Resources Customer Service at: firstname.lastname@example.org. Land Insight & Resources will respond to any such complaints in writing as soon as practicably possible.
- These terms and conditions are governed by and will be construed and enforced in accordance with the laws of the State of New South Wales, Australia. If any dispute, controversy or claim arises out of or relating to these terms and conditions, whether sounding in contract, tort or otherwise, it shall be resolved by use of an alternative dispute resolution procedure acceptable to both parties with the assistance of a mediator. If the dispute has not been resolved to the satisfaction of either party within 60 days of initiation of the procedure or if either party fails or refuses to participate in or withdraws from participating in the procedure, then either party may refer the dispute to the court.
- These terms and conditions apply to all Services provided by Land Insight & Resources.
- If there is any inconsistency between these terms and conditions and any other document or agreement between the parties, these terms and conditions will prevail.
- These terms and conditions represent the entire agreement between the parties.
- The User authorises Land Insight & Resources to destroy Documents which Land Insight & Resources has prepared or holds in connection with the Services 7 years after the last date on which the Services were provided.
- If any of the terms of the Application Form or the terms and conditions are invalid, unenforceable or void, the relevant term must be read down to the maximum extent possible or severed from the rest of the Application Form or these terms and conditions.
- These terms and conditions once accepted by the User can only be amended or varied by a written document signed by both parties.
- Neither party may assign or transfer any rights or obligations arising in the provision of the Services or these terms and conditions without the other party’s written consent.
Application Form means the form and accompanying information provided on the Website, completed and submitted by the User to request the Services.
Document includes a report, and any other written or electronic document
Fee means the amount set out in the Application Form or confirmed via an invoice.
Property means the property to which the Services and the Report relate.
Report means the Document prepared by Land Insight & Resources and provided to the User which contains the environmental and development data which is relevant to the Property.
Services means the review of data and information on which the Report is based, and the preparation and provision to the User of the Report.
Website means Land Insight & Resources’ online site, that is: www.liresources.com.au
User means the person(s) set out in the Application Form including that person’s permitted successors.