Provision of the Service
Provision of the Service by Espreon will be taken to be acceptance of the Account Application and the agreement will commence at that time. Espreon will provide the Client with access to the Service on the terms and conditions set out in this agreement providing the Client complies with the procedures for access and use of the Service as determined by Espreon from time to time.
This agreement will continue until terminated by either party by written notice notwithstanding Espreon may terminate it immediately by denying the service to the Client if the Client is in breach of any of the conditions herein. Espreon will use all its reasonable endeavours to ensure that the Service is available during normal business hours.
Use of the Service
Espreon will provide the Client with an account number, a user name and a user password to enable the Client to access the Service. The Client indemnifies Espreon, its agents and employees from any costs, fees, damage, loss, claims and liabilities arising from any use or misuse of the password. The Client is responsible for all unauthorised use of the Client password, including the payment of all fees and charges from use of the Client username and password. The Client is responsible for any computer equipment and software required for access to the Service.
Charges for the Service
The Client agrees to pay Espreon the fees as charged by Espreon, 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. Where the supply of information or services, from Service Providers is GST-free or GST exempt, Espreon acts as the Client's Agent in arranging that supply.
The Client agrees to pay the charges to Espreon as specified in the standard fee schedule of Espreon as amended from time to time. The Client will be invoiced monthly for online services used and must pay all amounts including GST within 14 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 14 days of month end.
The Client 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 Client may not have received payment from the party that the Client acts for. An Interest Charge may be applied to all amounts 30+ Days Overdue and must be paid within 14 days from month end.
Limitations and Disclaimers
The Client acknowledges that the Services delivered by Espreon are not provided by Espreon and are provided by Service Providers that are not parties to this agreement.
The Client acknowledges that the services delivered by Espreon on behalf of NSW Land and Property Information (NSW LPI) are prohibited for non-internal business use. Also, the client acknowledges that services delivered in connection with the aforementioned provider are prohibited from providing the Property Information without the Proprietary Notice.
The Client acknowledges that it is prohibited to take copies of the property information delivered by Espreon for any use other than backup purposes.
The Client acknowledges that information passed between the NSW OSR, Espreon and the Client is confidential and that all reasonable precautions are taken by Espreon to ensure confidentiality. Espreon 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.
Liability
Espreon will not be liable to the Client in respect of any loss damage or expense in connection with the Clients use of the Service for any reason whatsoever, including negligence.
To the extent that the above clause is rendered void or unenforceable by any relevant law, Espreon’s liability to the Client for any breach of term is limited at the option of Espreon to either resupplying the Service again or the payment of the cost of having the Service supplied again.
Espreon provides the Service to the Client on the basis that Espreon does not render legal advice or engage in other professional services.
a) The Client agrees that in regard to any online data sourced from the NSW LTO that the Client 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 preprinted paper unless the data layout and preprinted format have been approved by the NSW LTO.
b) The Client acknowledges that the National Personal Insolvency Index maintained by the ITSA may contain errors and that Espreon shall not be liable for any inaccuracy therein.
Force Majeure
Espreon shall not be under any liability for any delay, loss or damage (including consequential loss) caused to the Client directly or indirectly by the unavailability of access to the Service caused by the failure of the Client to comply with this agreement, power or mechanical failure howsoever caused or any cause whatsoever out of the control of Espreon.
General
Espreon may by notice in writing to the Client assign the rights and obligations of this agreement.
The Client must not assign any of the Clients rights under this agreement.
Espreon may vary the conditions of this agreement by giving not less than one month’s written notice of such variation.
The Client must provide to Espreon within one week, written notice of any variation to the details on the application.
This agreement is governed by the laws of the State of New South Wales. 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. To view terms please view the links below for the specific database or service.
Automated Titles System from Qld Dept of Natural Resources & Mines
http://www.espreon.com/Natural_Resource_Mining_Terms_Conditions.htm
Credit Reporting Services
http://www.espreon.com/Credit_reporting_Services_Terms_Conditions.htm
Definitions
The following words have these meanings in this agreement:
“Agent” means Espreon acts as Agent for the Client for the purpose of obtaining all Division 81 supplies pursuant to the “A New Tax] System (Goods and Services Tax) Act 1999”.
“Application” means the Account Application form completed by the Client applying for the Service.
“Client” means the person named in the Application as the Client.
“GST” means Goods and Services Tax.
“ITSA” means the Insolvency and Trustee Services Australia.
“Espreon” means Espreon Limited ACN 090 651 700 and its subsidiary (Espreon Property Services Pty Ltd, ACN 089 586 872).
“NSW LTO” means the New South Wales Land Titles Office.
“Service” means the online service delivered by Espreon and any offline service offered by Espreon, but provided by Service Providers where Espreon acts as agent to the Client for delivering that Service.
“Service Provider” means any government department, authority or recognised data base which Espreon sources for its information.
Privacy
We care about your privacy and this policy details the practices we have adopted to protect your privacy so that you can feel confident about how we handle the personal information you entrust to us.
Espreon respects your rights to privacy under the Privacy Act 1988 (Cth), the Privacy Amendment (Private Sector) Act 2000, and the Spam Act 2003 (Cth) and is required to comply with the National Principles in respect of the collection, use, disclosure and handling of personal information from individuals.
When and how do we collect personal information?
Personal information is any information that can be used to identify you. Espreon primarily collects corporate information as its customers are mainly business entities. However, to the extent that we collect contact details of individuals from our customers (such as contact name, telephone, address, and email address) in our Account Registration form, we do (to a limited extent) collect personal information.
What do we do with the information?
Espreon uses the information you supply for the purpose of providing its services to you. Personal information collected from our Account Registration forms is used to form our customer database. Your personal information is never shared, sold, rented or otherwise disclosed outside of Espreon (save for any statutory or legal requirement). Espreon's primary goal is to improve the quality and nature of its services and we may use your personal information to deliver you targeted and non-targeted marketing information about our goods and services. At any time you may opt-out of receiving marketing communications from us.
How do we use “cookies” and “log files”?
We may send a “cookie”, a small summary file to your computer. This enables us to recognise your computer the next time you visit without bothering you with another request to register. We also use cookies to measure traffic patterns, to determine which areas of our site have been visited and to measure transaction patterns in the aggregate. We use this to research our users' habits so that we can improve our online services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
We log IP addresses (i.e. the electronic addresses of computers connected to the Internet) to analyse trends, administer the site, track users movements, and gather broad demographic information.
What do we do to safeguard personal information?
We will take all reasonable steps to maintain the security of any personal information we receive from you. We use a variety of secure techniques to protect your information, including secure servers, firewalls and encryption.
Access and Correction
You may access any personal information we hold about you at any time. If your personal information changes or if you no longer desire our services, we will endeavour to provide a way to correct, update or remove the personal data you have provided to us.
Contacting Us
If you have any questions about our privacy policy, or any complaint regarding the treatment of your privacy by us, please email us at privacy@espreon.com or telephone 1300 305 205 or write to us at:
SAI Global – Property
C/- The Chief Privacy Officer
GPO Box 5420
Sydney NSW 2001
We may change this policy from time to time and will notify you by posting an updated version of this policy on this website. This document represents our policy as at 1 April 2010.
For more information go to http://www.saiglobal.com/corporate/policies/privacypolicy.htm
