LOTSEARCH

USE OF REPORT - APPLICABLE TERMS

20th July 2022

For Purchasers of the Environmental Risk – Contaminated Land reports, please refer to Lotsearch’s Terms and Conditions provided at the point of sale. For End Users of the Environmental Risk – Contaminated Land reports, please refer to the Applicable Terms below.

The following terms apply to any person (End User) who is given the Report by the person who purchased the Report from Lotsearch Pty Ltd (ABN: 89 600 168 018) (Lotsearch) or who otherwise has access to the Report (Terms). The contract terms that apply between Lotsearch and the purchaser of the Report are specified in the order form pursuant to which the Report was ordered and the terms set out below are of no effect as between Lotsearch and the purchaser of the Report.

  1. End User acknowledges and agrees that:

​​(a) The Report is to provide a summary of some of the publicly available environmental risk information, based on the site boundary shown on the site aerial plan (page 3) within the Report (Property);

 

(b) Lotsearch has defined the Property by reference to information supplied in the order. You accept that Lotsearch may amend some of the information supplied in the order to identify the relevant Property for the Report;

 

(c) The Report is compiled from or using content (Third Party Content) which is comprised of:

(i) Content provided to Lotsearch by third party content suppliers with whom Lotsearch has contractual arrangements or content which is freely available or methodologies licensed to Lotsearch by third parties with whom Lotsearch has contractual arrangements (Third Party Content Suppliers); and

 

(ii) Content which is derived from content described in paragraph (i);

(d) Neither Lotsearch nor Third Party Content Suppliers takes any responsibility for or give any warranty in relation to the accuracy or completeness of any Third Party Content included in the Report including any contaminated land assessment or other assessment included as part of a Report;

 

(e) The Third Party Content Suppliers do not constitute an exhaustive set of all repositories or sources of information available in relation to the property which is the subject of the Report and accordingly neither Lotsearch nor Third Party Content Suppliers gives any warranty in relation to the accuracy or completeness of the Third Party Content incorporated into the report including any contaminated land assessment or
other assessment included as part of a Report;

 

(f) Reports are generated at a point in time (as specified by the date/time stamp appearing on the Report) and accordingly the Report is based on the information available at that point in time and Lotsearch is not obliged to undertake any additional reporting to take into consideration any information that may become available between the point in time specified by the date/time stamp and the date on which the Report was provided by Lotsearch to the purchaser of the Report;

 

(g) Reports must be used or reproduced in their entirety and End User must not reproduce or make available to other persons only parts of the Report;

 

(h) Lotsearch has not undertaken any physical inspection of the property;


(i) Neither Lotsearch nor Third Party Content Suppliers warrants that all land uses or features whether past or current are identified in the Report;


(j) The Report does not include any information relating to the actual state or condition of the Property;


(k) The Report should not be used or taken to indicate or exclude actual fitness or unfitness of Land or Property for any particular purpose;


(l) The Report should not be relied upon for determining saleability or value or making any other decisions in relation to the Property and in particular should not be taken to be a rating or assessment of the desirability or market value of the property or its features; and


(m) The End User should undertake its own inspections of the Land or Property to satisfy itself that there are no defects or failures.

    2. The End User may not make the Report or any copies or extracts of the report or any part of it available to any other person. If End User wishes to provide the Report to any other person or make extracts or copies of the Report, it must contact the purchaser of the Report before doing so to ensure the proposed use is consistent with the contract terms between Lotsearch and the purchaser.


    3. Neither Lotsearch (nor any of its officers, employees or agents) nor any of its Third Party Content Suppliers will have any liability to End User or any person to whom End User provides the Report and End User must not represent that Lotsearch or any of its Third Party Content Suppliers accepts liability to any such person or make any other representation to any such person on behalf of Lotsearch or any Third Party Content Supplier.

    4. The End User hereby to the maximum extent permitted by law:

(a) Acknowledges that the Lotsearch (nor any of its officers, employees or agents), nor any of its Third Party Content Supplier have any liability to it under or in connection with the Report or these Terms;


(b) Waives any right it may have to claim against Third Party Content Supplier in connection with the Report, or the negotiation of, entry into, performance of, or termination of these Terms; and

(c) Releases each Third Party Content Supplier from any claim it may have otherwise had in connection with the Report, or the negotiation of, entry into, performance of, or termination of these Terms.

    5. The End User acknowledges that any Third Party Supplier shall be entitled to plead the benefits conferred on it under clause 4, despite not being a party to these terms.

 

    6. End User must not remove any copyright notices, trade marks, digital rights management information, other embedded information, disclaimers or limitations from the Report or authorise any person to do so.

 

    7. End User acknowledges and agrees that Lotsearch and Third Party Content Suppliers retain ownership of all copyright, patent, design right (registered or unregistered), trade marks (registered or unregistered), database right or other data right, moral right or know how or any other intellectual property right in any Report or any other item, information or data included in or provided as part of a Report.

 

    8. To the extent permitted by law and subject to paragraph 9 and 10, all implied terms, representations and warranties whether statutory or otherwise relating to the subject matter of these Terms other than as expressly set out in these Terms are excluded.

 

    9. Subject to paragraph 10, Lotsearch excludes liability to End User for loss or damage of any kind, however caused, due to Lotsearch's negligence, breach of contract, breach of any law, in equity, under indemnities or otherwise, arising out of all acts, omissions and events whenever occurring.

 

    10. Lotsearch acknowledges that if, under applicable State, Territory or Commonwealth law, End User is a consumer certain rights may be conferred on End User which cannot be excluded, restricted or modified. If that law applies to the supply of this Report, then, Customer is entitled to exercise its rights under that law but Lotsearch's liability is limited to the maximum extent permitted under applicable laws.

 

    11. Subject to paragraph 10, neither Lotsearch nor the End User is liable to the other for:

(a) Any indirect, incidental, consequential, special or exemplary damages arising out of or in relation to the Report or these Terms; or


(b) Any loss of profit, loss of revenue, loss of interest, loss of data, loss of goodwill or loss of business opportunities, business interruption arising directly or indirectly out of or in relation to the Report or these Terms,

         Irrespective of how that liability arises including in contract or tort, liability under indemnity or for any other common law, equitable or statutory               cause of action or otherwise.

    12. These Terms are subject to New South Wales law.

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20th July 2022