Enter the name for this tabbed section: General

General Terms & Conditions for usage of this site.


Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Peter Atkinson & Company's relationship with you in relation to this website.

The term 'Peter Atkinson & Company' or 'us' or 'we' refers to the owner of the website whose address is GPO Box 506, Brisbane, Qld, 4001. Our our ABN is 27 161 679 143.

The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• You may not create a link to this website from another website or document without Peter Atkinson & Company's prior written consent.

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Queensland.

The Australian Copyright Act 1968 (the Act) allows 10% of the number of words on this website to be reproduced and/or communicated by any Australian educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a Notice to Copyright Agency Limited (CAL) under part VB of the Act.

For details of the CAL licence for educational institutions contact:

Copyright Agency Limited
Level 15, 233 Castlereagh Street
Sydney NSW 2000
Telephone: +612 9394 7600 Facsimile: +612 9394 7601 E-mail: info@copyright.com.au

Except as permitted under the Act (for example for the services of the Crown or in reliance on one of the fair dealing exceptions i.e. a fair dealing for the purposes of research or study) no part of this website may be reproduced, stored in a retrieval system, communicated or transmitted in any form or by any means without prior written permission.

All inquiries should be made to us (the copyright owner) via email at: admin@peteratkinson.com.au.
Enter the name for this tabbed section: Online Portal Services

Online Portal Users Terms & Conditions of Use.


Limitations and Disclaimers


The Client acknowledges that the Services delivered by Peter Atkinson & Company are not provided by Peter Atkinson & Company and are provided by Service Providers that are not parties to this agreement.

The Client acknowledges that the services delivered by Peter Atkinson & Company on behalf of NSW Land and Property Information (NSW LPI), Queensland Department of Environment & Resources (DERM) and LandVictoria are prohibited for non-internal business use.

The Client acknowledges that it is prohibited to take copies of the property information delivered by Peter Atkinson & Company for any use other than backup purposes.

The Client acknowledges that information passed between Peter Atkinson & Company and the Client is confidential and that all reasonable precautions are taken by Peter Atkinson & Company to ensure confidentiality.

Peter Atkinson & Company 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


Peter Atkinson & Company 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, Peter Atkinson & Company's liability to the Client for any breach of term is limited at the option of Peter Atkinson & Company to either resupplying the Service again or the payment of the cost of having the Service supplied again.

Peter Atkinson & Company provides the Service to the Client on the basis that Peter Atkinson & Company 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 various information providers 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 relevant authority.

b) The Client acknowledges that the National Personal Insolvency Index maintained by the ITSA may contain errors and that Peter Atkinson & Company shall not be liable for any inaccuracy therein.

Force Majeure


Peter Atkinson & Company 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 Peter Atkinson & Company.

Returned Data


Peter Atkinson & Company is an authorised Channel Partner of GlobalX Information Services Pty Ltd and has the necessary agreements in place as authorised reseller of information provided to it as required by Government and other authorities participating in the provision of the information available from within this site.

As an end user of the data, you agree to the following usage terms, conditions and restrictions, as applied to that data by the relevant authorities:

Queensland Titles Office Data


Permitted use terms - casual user

I accept that use of the Licensed Data Products by me is limited to my own personal use or for use in the ordinary course of my business. I will not on-sell or distribute Licensed Data Products for reward or otherwise to any other third party, nor will I produce any products incorporating this data for commercial use or otherwise except for those Hardcopy Products I am allowed to give away free of any charges.

The Hardcopy Products are to be distributed at no charge and cannot be amalgamated into or combined with other products and services for which a charge is levied or a fee paid.

If I engage a Consultant and provide Licensed Data Products to that Consultant I will ensure that the Consultant has entered into a signed written agreement with me incorporating the "Standard Terms" and the 'Permitted Use Terms - Consultants'.

Definitions

Direct Marketing means one to one marketing, normally supported by a database, which uses one or more advertising media to effect a measurable response and or transaction from a person (including a corporation or organisation) and includes but is not limited to, telemarketing, bulk e-mail messaging (spam), postal canvassing and list broking.

Licensed Data means data that is owned by or licensed to the State of Queensland (Department of Environment and Resource Management) and licensed to others under agreements.

Licensed Data Product means any Value Added product derived from or based on the Licensed Data or any Licensed Data Product. Value Adding means any augmenting, repackaging or incorporating of the Licensee's data, or other data licensed to the Licensee, with the Licensed Data. Conversion of the Licensed Data onto different media or the translation into a different format is not Value Adding.

Hardcopy Product means any printed paper based (not in electronic form) Licensed Data Product.

Ownership

I acknowledge that I have no rights of ownership in the Licensed Data and all Intellectual Property Rights including copyright in the Licensed Data are retained by the State of Queensland (Department of Environment and Resource Management).

Liability

I acknowledge that the State of Queensland (Department of Environment and Resource Management) or the Licensee does not guarantee the accuracy or completeness of the Licensed Data and does not make any warranty about the Licensed Data.

I agree that the State of Queensland (Department of Environment and Resource Management) or the Licensee is not under any liability to me for any loss or damage (including consequential Loss or damage) from my use of the Licensed Data Products.

Privacy

I agree that I will not use the Licensed Data or Licensed Data Products with the intention of encroaching up the privacy of an individual and I will comply with the Privacy Laws.

I agree that I will not use the Licensed Data or Licensed Data Products for Direct Marketing.

Copyright and Disclaimer

I agree to display the applicable copyright notice and disclaimer notice.

All reproductions of the Licensed Data, however altered, reformatted or redisplayed, must bear the following notice:

© The State of Queensland (Department of Environment and Resource Management)

All Licensed Data Products must bear the following notice and must refer to the relevant data in the Licensed Data Products:

Based on Data provided with the permission of the Department of Environment and Resource Management.

All reproductions of the Licensed Data or Licensed Data Products must bear the following notice:

The Department of Environment and Resource Management makes no representation or warranties about accuracy, reliability, completeness or suitability of the data for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason.

NSW Titles Office Data

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 Proprietary Notice * and are secured so as not to be accessed or used by unauthorised persons or for any purpose other than backup

And agree to:
1. The collection and disclosure of my (User) information to DITM, for the purpose of DITM or its agents conducting customer satisfaction surveys.
* Proprietory Notice means a notice on material in which DITM claims rights, title or ownership, and includes a notice in the form "Land and Property Information (year)"

VIC Titles Office Data


1. Information provided via this service is for the exclusive use of the customer nominated and must not be passed on to any other party, nor can it be altered in any way.
2. Access to the LANDATA System and data is NOT to enable the User to:
a. reproduce, repackage or on-supply the Licensed Material;
b. breach any of the licence conditions under which access is originally granted by the State of Victoria;
c. distribute the data to other persons generally in any circumstances; or
d. breach the provisions of the Copyright Act 1968;
3. Copyright in all information from the Register of Land is owned by the State of Victoria. No part of the data supplied may be reproduced by any process except in accordance with the provisions of the Copyright Act, pursuant to a written agreement.
4. The State of Victoria does not warrant the accuracy or completeness of information in the the Land Index, Property Enquiry Data, Crown Land Status Information or other information made available by the LANDATA System other than Title Search Data and final search and any person using or relying upon such information does so on the basis that the State of Victoria shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information.
5. The information from the Register of Land is valid at the time and in the form obtained from the LANDATA System only. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information from the Register of Land. The State of Victoria accepts no responsibility for information or data other than that which is part of the Register of Land.
6. In accessing the data the user accepts these conditions.


Personal Information Terms of Use

Data returned by Sentricx

In using this Data, the user must not:
1. sell, lease or otherwise provide to a third party, the Data, any part of the Data or any file, direct marketing list, model, analysis, code, report, application, product or service which uses or is derived from the Data;
2. use or permit any person to use the Data for the purpose or for purposes including the purpose of sending marketing, advertising or promotional material to any person;
3. use, manipulate or modify the Data so as to create or facilitate the creation, publication or use of a Reverse Telephone Directory;
4. extract or republish Data;
No Warranty. Subject to any rights that the Licensee may have under legislation which cannot be excluded or limited (including under the Trade Practices Act 1974 (Cth)), the Licensor:
1. makes no warranty as to the use, performance of, accuracy or results that may be derived from the Database;
2. makes no warranty as to the non-infringement of third party rights by accessing or use of the Database by the Licensee; and
3. will not be responsible for any claims or losses, including consequential losses, as a result of any use of the Database, reliance on information contained in the Database or provided by the Licensor, or the inability of the Licensee to access or continue to access the Database.
Only express warranties apply. To the extent permitted by law (including the Trade Practices Act 1974 (Cth)), the specific conditions and warranties contained in this agreement are the only conditions or warranties in relation to this agreement and replace all conditions and warranties that might otherwise be implied.

Disclaimer
This service is a useful tool in finding people, skip tracing and establishing last known physical address details. This data base provides access to information from various sources complied into one database on individuals and their last known publicly available address information. The main Sentricx directory contains listings of individuals: whilst care has been taken in compiling these directories, Searchfirst or its supplier, or their related companies, employees and agents do not warrant or represent that the directories are complete and free from errors or omissions.

Peter Atkinson & Company reserves the right to manually or electronically charge any fees, which are due and payable by the customer at any stage. The materials presented on this site are distributed as an information source only. The information recorded in this document is provided on the basis that readers will be responsible for making their own assessment of the information and are advised to verify all relevant representations, statements and information. No liability (in contract, tort or otherwise) will be accepted for any loss or damage incurred as a result of reliance upon any material contained in this publication, or for any information or advice provided in this publication or incorporated into it.
Enter the name for this tabbed section: Account Holders

Account Holder Terms & Conditions


Provision of the Service

Provision of the Service by Peter Atkinson & Company will be taken to be acceptance of these terms and the agreement will commence at that time.

Peter Atkinson & Company 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 Peter Atkinson & Company from time to time.

This agreement will continue until terminated by either party by written notice notwithstanding Peter Atkinson & Company may terminate it immediately by denying the service to the Client if the Client is in breach of any of the conditions herein.

Peter Atkinson & Company will use all its reasonable endeavours to ensure that the Service is available during normal business hours.

Use of the Service

Peter Atkinson & Company will provide the Client with a user name and a user password to enable the Client to access the Service where required.

The Client indemnifies Peter Atkinson & Company, its agents and employees from any costs, fees, damage, loss, claims and liabilities arising from any use or misuse of the user name and 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 Peter Atkinson & Company the fees as charged by Peter Atkinson & Company, 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, Peter Atkinson & Company acts as the Client's Agent in arranging that supply.

The Client agrees to pay the charges to Peter Atkinson & Company as specified in the standard fee schedule of Peter Atkinson & Company as amended from time to time.

The Client will be invoiced on the 1st of the month for any online services used in the previous month and must pay all amounts including GST within 28 days via cheque, bank deposit, electronic funds transfer or credit card authorisation, unless the invoice amount is greater than $500.00, in which case it shall be due for payment within 7 days.

The Client will be invoiced for offline manual services on completion of the service performed and must pay all amounts including GST within 28 days of month end, unless the invoice amount is greater than $500.00, in which case it shall be due for payment within 7 days of statement date. A monthly statement shall issue on the 1st working day of the month for the previous month's transactions or open invoices. Fees may apply for dishonoured payments and credit and/or services may be suspended at the sole discretion of Peter Atkinson & Company for any account that is overdue.

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 equal to our bankers commercial standard overdraft rate may be applied to all amounts 7+ Days Overdue and any overdue amounts plus interest must be paid within 7 days from receipt of notice of demand forward to Client's last advised postal or email address or collection action will commence without further notice including notification of breach of terms to the Legal Services Commission where the Client is a legal practitioner or firm.

Limitations and Disclaimers

The Client acknowledges that some Services delivered by Peter Atkinson & Company are not provided by Peter Atkinson & Company and are provided by Service Providers that are not parties to this agreement.

The Client acknowledges that the services delivered by Peter Atkinson & Company on behalf of NSW Land and Property Information (NSW LPI) are prohibited for non-internal business use.

The Client acknowledges that it is prohibited to take copies of the property information delivered by Peter Atkinson & Company for any use other than backup purposes.

The Client acknowledges that information passed between the OSR, Peter Atkinson & Company and the Client is confidential and that all reasonable precautions are taken by Peter Atkinson & Company to ensure confidentiality.

Peter Atkinson & Company does not undertake, represent or warrant that access to any online or offline 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

Peter Atkinson & Company 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, Peter Atkinson & Company's liability to the Client for any breach of term is limited at the option of Peter Atkinson & Company to either resupplying the Service again or the payment of the cost of having the Service supplied again.

Peter Atkinson & Company provides the Service to the Client on the basis that Peter Atkinson & Company 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 APRA may contain errors and that Peter Atkinson & Company shall not be liable for any inaccuracy therein.

Force Majeure

Peter Atkinson & Company 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 Peter Atkinson & Company.

General

Peter Atkinson & Company 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.

Peter Atkinson & Company may vary the conditions of this agreement by giving not less than one months written notice of such variation.

The Client must provide to Peter Atkinson & Company within one week, written notice of any variation to the details on the application.

This agreement is governed by the laws of the Queensland.

Access to particular databases may be subject to certain additional database-specific terms. These terms are notified on that screen. You agree that by accessing a database, you agree to the additional database specific terms that are applicable.

Definitions

The following words have these meanings in this agreement:

“Agent” means Peter Atkinson & Company 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.

“APRA” means the Australian Prudential Regulation Authority.

“NSW LTO (or LPI)” means the New South Wales Land Titles Office.

“Service” means the online service delivered by Peter Atkinson & Company and any offline service offered by Peter Atkinson & Company, but provided by Service Providers where Peter Atkinson & Company acts as agent to the Client for delivering that Service.

“Service Provider” means any government department, authority, business or recognised data base which Peter Atkinson & Company sources for its information.
Enter the name for this tabbed section: Special Offers

Special Offers Programme Terms & Conditions



Any Programme (when available) is open to existing and new clients who must subscribe via the allocated subscription form on this website.

Provision of the Programme by Peter Atkinson & Company will be taken to be acceptance of these terms and the agreement will commence at that time.

General, Online Portal Services and Account Holder terms and condition displayed on this page also apply to the Rewards Programme.

Subscribers must:

1. Agree to our terms and conditions as set out above.

2. Use our online portal for their online searching and settlement booking needs wherever possible in preference over other Agents or Service Providers providing similar services.

3. Use us for their manual services needs wherever possible in preference over other similar Agents or Service Providers providing similar services.

4. Pay their account on time as specified in our terms and conditions and on our invoices and account statements. Clients whose accounts are out of order are ineligible for any Special Offers and must pay our standard service fees until such time as the account is brought back into order.

5. Abide by our Fair Use philosophy as detailed in any Special Offer page of this site.

The Programme may be altered, suspended or cancelled at any time at the sole discretion of Peter Atkinson & Company without prior notification.