1.    Introduction

1.1    NSW LRS Online is provided and administered by NSW Land Registry Services (“NSW LRS”) and enables online searching of, and access to, land information products and services.

1.2    NSW LRS will permit you, non-exclusively, to use NSW LRS Online on these terms and conditions including the NSW LRS privacy statement available here: NSW LRS Privacy Statement (PDF 124KB).

1.3    NSW LRS may amend these terms and conditions at any time by posting an updated version online which will take effect on such posting.

1.4    In the case of any conflict between these terms and conditions and any act or regulation, the act or regulation prevails.

2    Access to NSW LRS Online

2.1    If you are a registered user of NSW LRS Online:

2.1.1    you agree to keep the username and password provided to you by NSW LRS secure and confidential to prevent unauthorised access to NSW LRS Online,
2.1.2    you must not share your username and password, and;
2.1.3    where NSW LRS becomes aware of a breach of these terms and conditions, NSW LRS may deny you from accessing NSW LRS Online or revoke your username and password and/or require you to take steps to remedy the breach within a reasonable period in consultation with NSW LRS, and; 

2.1.4   when you become aware of a breach of these terms and conditions, you must immediately notify NSW LRS via generalenquiry@nswlrs.com.au and take any steps directed by NSW LRS to remedy the breach within a reasonable period in consultation with NSW LRS. 

2.2    Depending on how you use NSW LRS Online, NSW LRS may require you to become a registered user of NSW LRS Online.

2.3    At any time, NSW LRS may amend the way in which you access NSW LRS Online and the types of products and services available through NSW LRS Online.

3    Use of NSW LRS Online 

3.1    You will use and access NSW LRS Online using appropriate conduct. You are responsible for your own conduct and for any consequences. 

3.2    You are permitted to use NSW LRS Online as a searching aid, provided it is for legal, proper and for personal or internal business use only. You must not use NSW LRS Online for commercial or financial benefit.

3.3    You are not permitted to access or use NSW LRS Online through any technology other than the manner provided by NSW LRS. You must not use NSW LRS Online in a manner that will give you or any other person access to mass downloads or bulk feeds of any products and services.

3.4    You agree that when using NSW LRS Online, you will not:

3.4.1    make available disruptive commercial messages or advertisements or communications which are prohibited by law, 

3.4.2    use any device, software or routine to abuse the service of NSW LRS Online, 

3.4.3    impersonate another person or entity, 

3.4.4    restrict any other user from using NSW LRS Online,

3.4.5    interfere with NSW LRS Online or servers or networks connected to NSW LRS Online, 

3.4.6    use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of NSW LRS Online,  

3.4.7    collect information about other users,

3.4.8    transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature, or

3.4.9    reverse engineer or otherwise attempt to extract any of the source code.

4    Products and Services Available in NSW LRS Online

4.1    The products and services that are made available in NSW LRS Online are provided to you without any warranty, representation or condition of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness or currency.

4.2    NSW LRS does not warrant that products and services that are made available in NSW LRS Online are correct or free from errors or omissions.
NSW LRS may at its sole discretion change the type(s) of products and services that are made available through NSW LRS Online.

4.3    The Office of the Registrar General on behalf of the State of New South Wales is the custodian of the products and services, and NSW LRS provides access to the products and services on behalf of The Office of the Registrar General. You acknowledge that:

4.3.1    some of the products and services may be sourced, provided and/or updated by a third party,

4.3.2    some of the products and services are only hosted by NSW LRS, and

4.3.3    some products and services are available as searching aids only.

4.4    All products and services (except historical data) accessed from NSW LRS Online are only current at the time and date of transmission.

4.5    Some products and services are free, and some are made available for a fee. These fees may be varied from time to time.

4.6    Some products and services that are available in NSW LRS Online may not be accessible to all users. This will depend on your access permissions and will be determined by NSW LRS during the registration process.

4.7    When accessing the products and services available in NSW LRS Online, you may be required to enter into further terms and conditions specifically relating to a product or service. To the extent that there is any inconsistency between these terms and conditions and the specific terms and conditions relating to the product or service, the specific terms and conditions relating to the product or service will prevail.

5    Use of Products and Services

5.1    You are permitted to do the following with the products and/or services:

5.1.1    display and/or print the product and/or service which appears as a result of an electronic search on a display device under your exclusive control, provided any printing is on blank paper (and not pre-printed), and 

5.1.2    copy the products and/or services to a storage device under your exclusive control, and for backup purposes only.

5.2    You are not permitted to do any of the following with the products and/or services, or any part of them:

5.2.1    assign any rights or permissions in these terms and conditions to any other person,

5.2.2    make a derivative work,

5.2.3    manipulate, alter, transform, adapt, modify, blend or combine,

5.2.4    rebroadcast, reformat, make available online or reconstruct,

5.2.5    aggregate data, match data, compile mailing lists, marketing or any related process,

5.2.6    reproduce, copy, publish, distribute, disseminate, sell or otherwise use any of the products and/or services in any manner not expressly authorised by these terms and conditions, or

5.2.7    use the products and/or services in any manner that would violate any law or violate or infringe upon any intellectual property rights. 

6    Service Levels and Availability of NSW LRS Online 

6.1    NSW LRS provides NSW LRS Online using a commercial level of skill and care, but does not warrant that your use of NSW LRS Online will be uninterrupted, continuous or free from any software virus or other harmful component. You agree to use and rely on NSW LRS Online at your own risk. NSW LRS provides NSW LRS Online “as is”.

6.2    NSW LRS Online is provided to you without any warranty, representation or condition of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness or currency.

6.3    You acknowledge that access to NSW LRS Online may be interfered with by factors or circumstances outside NSW LRS' control. NSW LRS will not be responsible for any corruption of your computer or failed transmission of any product or service if you use NSW LRS Online.

6.4    You agree that any software that is made available to download from NSW LRS Online may require you to enter into an end user licence agreement with that software supplier.

6.5    You agree that NSW LRS is permitted to, and may, collect and store Internet Protocol (“IP”) addresses, ISPs and other identifying information you may provide in accessing NSW LRS Online. This information will be stored securely by NSW LRS for a period of not less than seven years. NSW LRS Online uses cookies to collect information. You agree and acknowledge that NSW LRS may set an upper limit on your access to NSW LRS Online and the number of products and services which may affect your access and use of NSW LRS Online and/or the number of products and services you can access.

6.6    You agree that NSW LRS may monitor usage of NSW LRS Online and may set an upper limit of use. If NSW LRS thinks there is an excessive usage of NSW LRS Online, NSW LRS may deny further access to NSW LRS Online. Excessive use is a continuing or unreasonable use of NSW LRS Online. Unreasonable use is when NSW LRS Online is used other than for legal, proper or personal use.

6.7    NSW LRS will use its reasonable endeavours to ensure that NSW LRS Online is available during electronic business hours (midnight until 23.45 AEST) daily; however, NSW LRS may at its sole discretion, and at any time, suspend or stop NSW LRS Online, temporarily or permanently.

6.8    You acknowledge that NSW LRS has no control over the speed of transmission of NSW LRS Online as the speed of transmission will be determined by the speed of the internet which is used to access NSW LRS Online.

6.9    The availability of NSW LRS Online may be dependent upon your software equipment and functionality, location and site conditions. NSW LRS does not guarantee the compatibility or reliability of such variables.

6.10    NSW LRS does not give legal advice or other professional services in relation to the NSW LRS Online.

7    Liability and Indemnity

7.1    To the extent permitted by law, NSW LRS will be in no way liable for any loss, damage or injury (whether in contract, tort or otherwise) arising as a result of your use or reliance on NSW LRS Online or the products and services available in NSW LRS Online, nor will NSW LRS be liable for any indirect, consequential, punitive or special damages, or loss of profit.

7.2    Where liability arises under legislation (including but not limited to the Competition and Consumer Act 2010) then to the extent permissible by law, NSW LRS’s liability is limited to supplying the product or service again or paying the cost of having the product or service supplied again.

7.3    You are liable to NSW LRS for any breach of these terms and conditions, in tort and liability arising under legislation.
7.4    You must indemnify and keep indemnified, hold harmless and defend NSW LRS from and against any and all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought by a third party against NSW LRS in connection with:

7.4.1    NSW LRS providing NSW LRS Online, or any part thereof, or the products and services available in NSW LRS Online,

7.4.2    any use of NSW LRS Online or of the products and services available in NSW LRS Online, including unauthorised use,

7.4.3    any act or omission by you, or

7.4.4    any breach of these terms and conditions by you.

8    Personal Information and Privacy

8.1    NSW LRS is subject to the provisions of the Privacy and Personal Information Protection Act 1998 (NSW) and the Privacy and Personal Information Protection Regulation 2014 (NSW) (“Privacy Legislation”) in respect of personal information. You must:

8.1.1    not use NSW LRS Online, nor use any of the products or services available in NSW LRS Online, that would cause a breach of the Privacy Legislation.
8.1.2    not do anything which, if done by NSW LRS, would be a breach of the Privacy Legislation.
8.1.3    comply at all times with the requirements of the Privacy Act 1988 (Cth) ("Privacy Act") in relation to your handling of personal information including the collection, use, disclosure, and security of such information, whether or not you are required by law to comply with the provisions of the Privacy Act;
8.1.4    comply with any and all directions given by NSW LRS in order for NSW LRS to comply with its obligations under the Privacy Legislation.

8.2    You may be required to give your personal information, including your credit card information, to use and access NSW LRS Online and the products and services available in NSW LRS Online.

8.3    Any personal information you provide to us will be handled in accordance with NSW LRS’s privacy statement, which can be accessed at: http://www.nswlrs.com.au/__data/assets/pdf_file/0015/217005/NSW_LRS_Privacy_Statement_February_2018.pdf

9    Intellectual Property

9.1    You acknowledge and agree that all copyright, trademark and other intellectual property rights in NSW LRS Online are property of the State of New South Wales, represented by NSW LRS (a division of the Department of Finance, Services and Innovation). 
9.2    You acknowledge and agree that all copyright, trademark and other intellectual property rights in the products and services available in NSW LRS Online are property of the State of New South Wales or other third parties.
9.3    You agree to not remove, obscure, or alter any copyright or proprietary rights notice which may be contained within NSW LRS Online or affixed to any product or service available in NSW LRS Online.
9.4    You must promptly report to NSW LRS any infringement or suspected infringement of any intellectual property rights.

10    Fees and Purchasing

10.1    All purchases will occur in a secure environment, and in compliance with the payment card industry data security standard. 
10.2    If you place an order for products and services that are available for a fee, you will be requested to click a button to confirm your order. The fees payable will appear on your screen. You may cancel your order at this point by clicking the "Back" button and you will not be charged any fees. If you click the "Confirm Order" button you acknowledge that you are responsible for payment of, and you will be charged, the fees specified. The products and services will be delivered after your payment has been successful.
10.3    You acknowledge that the fees are expressed in Australian dollars and include GST and any other applicable taxes and charges.
10.4    If NSW LRS has otherwise agreed, NSW LRS will issue tax invoices and you agree to pay those tax invoices within the specified period.

11    Complaints

11.1    If you have a complaint about NSW LRS Online and/or any product or service provided by NSW LRS Online, you must direct that communication to: GeneralEnquiry@nswlrs.com.au.

11.2    If you have a dispute about these terms and conditions, you must first notify NSW LRS by communication to: GeneralEnquiry@nswlrs.com.au  and attempt to resolve the dispute before taking any further action.

12    General Terms

12.1    These terms and conditions are to be read and construed according to the laws of the State of New South Wales, and you agree to submit to the jurisdiction of that State.

12.2    These terms and conditions record the entire agreement. If any provision of these terms and conditions are held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute or regulation it is to be severed so that the validity and enforceability of the remaining provisions are not affected.

12.3    Where you have entered into any other agreement with NSW LRS in respect of products and services, in the event of any inconsistency between these terms and conditions and the other agreement, the other agreement prevails. You must ensure that you are aware of your underlying legal obligations.