Legal & Privacy Information

SIBA is a trading name of GlobalX Information Services Pty Ltd (GIS). All Terms & Conditions of Use and Privacy Information below are those of the GlobalX Group (refer below for list of entities).

Legal Entities

GlobalX Information Services Pty Ltd (GIS)- www.globalx.com.au   ABN: 99073436414   ACN: 073436414
Open Practice Solutions Pty Ltd (OPS) - www.openpractice.com.au   ABN: 93117686389   ACN: 117686389
Practice Management Plus Pty Ltd - ABN: 37126792989 ACN: 126792989

Portals

Access Business Information - www.accessinfo.com.au   ARBN: BN98000372
Advantx Electronic Conveyancing - www.advantx.net.au   ARBN: BN19879880
Advantx Online Conveyancing - www.advantx.com.au   ARBN: BN19879878
GXS - www.gxs.com.au   ARBN: BN98037669
Inspex Information - www.inspexinfo.com.au   ARBN: BN20206896
National Data Centre (NDC) - www.ndc.info   ARBN: BN09371904
National Strata Xchange (NSX) - www.nsx.com.au   ARBN: BN21554389
OneSearch - www.onesearch.net.au   ARBN: BN21011540
Online Legal - www.onlinelegal.com.au   ARBN: BN20583394
Open Practice - www.openpractice.com.au   ARBN: BN19514608
RealtyPro - www.realtypro.com.au   ARBN: BN98072843
SearchAus- www.searchaus.com   ARBN: BN98127588
SearchlinX- www.searchlinx.com.au   ARBN: BN21560663
UrbisPro - www.urbispro.com.au   ARBN: BN97886021
Valuemate - www.valuemate.com.au   ARBN: BN20175115
Webmap - www.webmap.com.au

Terms & Conditions - IT IS AGREED as follows:

Definitions

1. In this Agreement, unless the context otherwise requires:
1. Act of Default means:
1. any breach of this Agreement including but not limited a default in repayment of any Charges or unauthorised disclosure of the Security Identification;
2. where the Customer becomes bankrupt or insolvent, has an administrator, liquidator or receiver appointed, enters into any composition with or scheme of arrangement for the benefit of the Borrower's creditors.
2. Content means the information made available to the Customer through the Service.
3. Default Interest Rate means the interest rate charged by GIS's principal banker on unsecured overdrafts of $20,000 plus five (5) percent.
4. Service Provider means GlobalX Information Services Pty Ltd or related bodies corporate.
5. Customer includes the user and/or the Organisation under whom the application for access has been made, any Reseller/Channel Partner, and any end user of a Reseller.
6. Organisation includes the Company, Business, Sole Trader or any other entity.
7. Charges mean the charges payable by the Customer to the Service Provider pursuant to this Agreement including, but not necessarily limited to, access and usage fees for the Service, which may change from time to time without notice.
8. Information Providers means bodies (whether government or private) whose information the Service Provider may from time to time provide
9. Site means the website from which the Service is provided including www.gxs.com.au
10. Service means the information services which are provided by the Service Provider to the Customer under this Agreement.
11. Security Identification means the Customer's identification number and the Customer's log-on, password etc required to access the Service.
12. Property Certificates - I Cert means off line conveyancing certificates including but not limited to Land Tax, Roads, Heritage etc.

Access to the Service

2. The Service Provider grants the Customer a non-exclusive right to access the Service subject to the terms and condition of this Agreement and the operating instruction displayed on this Service from time to time or as otherwise notified to the Customer. The Customer agrees that it is bound by these terms and conditions:
1. when it is issued the Security Identification by the Service Provider; or
2. if clause 2(a) does not apply (eg. if the Customer is a casual or pay as you go Customer), by using the Service.
3. The Service Provider may change these terms and conditions from time to time without the need to notify the Customer simply by making those changes to these terms and conditions.
4. The Service Provider will use its best endeavours to provide access to the Service during normal business hours.
5. The Customer Acknowledges that:
1. The Customer is responsible for arranging at its own expense such equipment and systems as are necessary to access the Service
2. The Customer's access to the Service is limited to the hours of access provided by the Information Providers and which will be notified on the Service from time to time;
3. Access to particular information may from time to time be unavailable due to circumstances beyond the Service Provider's control in which case the Service Provider shall not be liable to the Customer for its inability to provide access;
4. Access to the Service will be by Security Identification;
6. The Service Provider is not responsible for the accuracy of any information provided by Information Providers whether by reason of corruption during transmission to the Customer or otherwise.
7. The Customer shall maintain the secrecy and confidentiality of the Security Identification;
8. The Customer agrees not to disclose to any other person, corporation, entity or organisation the Security Identification, whether in use or not;
9. The Customer is liable for all charges resulting from the use of the Service access through the Customer's Security Identification whether such use of the Service was authorised by the Customer or not. The Customer must immediately inform the Service Provider of loss of Security Identification, a reasonable prospect of issue of the Security Identification or any unauthorised access to or misuse of the Service.
10. The Service Provider will deactivate the Customer's Security Identification within two (2) business hours of an emailed request to helpdesk@globalx.com.au.
11. The Service Provider reserves the right to enforce user name and password changes as required for security, confidentiality and other legal compliance.
12. All pricing information is "Commercial in Confidence" for the use of the Customer only. The Service Provider reserves the right to take any action it deems necessary if the information is provided to third parties without consent.
13. The Customer agrees that the Information Provider can change these Terms and Conditions from time to time without notice to the Customer. It is the responsibility of the Customer to ensure its compliance with those terms and conditions as are in force from time to time.
14. If the Customer is also a Reseller (a Customer-Reseller) the Customer-Reseller must ensure that their end users comply with these terms and conditions at all times.
15. The Customer will not disclose, transfer, duplicate, reproduce, retain or re-supply (unless an approved Reseller Customer and then only for the purpose of re-supply to the end-user Customer) any information for a purpose other than that for which it was first acquired regardless of the form in which the information was supplied.
16. The Customer acknowledges that all information provided is subject to copyright and other property rights and agrees not to infringe these rights.
17. The Service Provider will provide Free Help Desk services in order to assist customers with any enquiries about the Service between the hours of 6am-8.30pm EST Monday to Friday and email help facilities via helpdesk@globalx.com.au. are available all days except National Public Holidays.

Use of the Service

18. The Customer agrees to comply with all directions of the Service Provider pertaining to access of the Service, including those set out above or in other correspondence by the Service Provider to the Customer as to the use of the Service granted to the Customer by the Service Provider.
19. The Customer shall not modify content or create any derivative works of the Service without the prior written consent of the Service Provider.
20. The Customer agrees not to reproduce, retransmit, redistribute, disseminate, sell, publish or circulate any Content to any other person other than in the course of the Customer's usual business or if an authorised Reseller-Customer to its end user Customers.
21. The Customer agrees to comply with conditions of Information Providers from time to time relating to the use of the Content including but not limited to prohibition on use of the Content for direct marketing.
22. The Customer agrees to read specific deeds, terms and conditions of use of the various Information Providers contained on the site and adhere to these at all times. The Customer acknowledges and agrees these may change from time to time without notice.
23. The Customer agrees to use the Service in line with all National Privacy Principles (NPP's) as provided on the Site or otherwise.
24. The Service Provider provides under this service a document repository service. The Customer acknowledges this document repository service can not be guaranteed to hold all searches or any search for a specific length of time and that the Customer should ensure copies of all searches required after the search is completed are saved to the customer's file or emailed via the service to be held in the Customer's email server.

Charges

25. The Customer shall pay the Charges at the rate and in a manner specified by GIS from time to time. The parties acknowledge that GIS may impose trading terms for the supply of the Service which terms may appear on the face of any tax invoice rendered by GIS to the client from time to time. Trading terms may change from time to time. In the absence of trading terms appearing on the face of any tax invoice, all Charges and other payments must be made by the Customer to GIS within 14 days from the date of issue by GIS of a tax invoice.
26. The Service Provider is committed to a sustainable supply chain management process (SSCM) and generally environmentally friendly values which incorporates electronic delivery of all invoicing, contracts, proposals and training materials etc. Paper versions of any of these items either personally delivered or posted as requested by the customer for any of these or other items which can be delivered electronically will incur an SSCM fee and by requesting the above you agree to an SSCM fee being applied. For information in relation to the SSCM fee please contact the helpdesk.
27. The Service Provider may vary or change the Charges from time to time and will endeavour to provide messages either via direct email to the Customer where the variation is customer specific or via the System Status where the variation is of a generic nature.
28. All payments should be made by direct debit, electronic fund transfer or credit card only. GIS reserves the right to charge an administration fee of $50.00 for each payment received by other method (eg. cheque, cash etc).
29. The Customer must pay interest to GIS on all overdue accounts from the date due for payment to the date of actual payment at the Default Interest Rate, compounding monthly or $30.00 per month if interest is less than $30.00 per month. GIS may impose additional requirements on the Customer to secure its present and future payment obligations. Such additional requirements may include without limiation imposition of director's guarantees, bank guarantees, and/or taking security under the Personal Prperty Securities Act 2009 (Cth).
30. GIS may at its election accept payment by credit card. GIS reserves the right to limit such payments or to ask the Client to carry the cost of the merchant's fee associated with such a payment or a minimum of 3% whichever is the higher.
31. The Service Provider reserves the right to charge the customer every 14 days for Property Certificate I Cert orders and that payment is required within 7 days from receipt of this invoice.
32. The Customer will be charged for every search conducted on the Site. No refunds will be given if the Customer is unhappy with the purchase. The Service Provider may provide the Customer with search credits provided that, within seven (7) days of the search being conducted, the Customer notifies the Service Provider of the time, date, search type and reason for credit request. The Service Provider has an absolute discretion on whether or not to provide credits.

Commencement, Suspension and Termination

33. This Agreement commences upon the issue by GIS of the Security Identification.
34. GIS may immediately suspend if the Customer commits or is suspected of committing an Act of Default, or is otherwise considered by GIS to be a credit risk, commercial risk or a compliance risk.
35. During the period of suspension, GIS must elect to either:
1. Terminate this Agreement with the Customer; or
2. Restore access to the Service on such terms that GIS sees fit (including, but not limited to, the issue to the Customer of new Security Identification, requirement for the provision of security).

Warranties and Liability

36. The Service Provider, its related bodies corporate and its respective directors, employees, officers and agents do not make any express warranties that the Services will:-
1. Operate error free
2. Be uninterrupted while in use.
37. Except as otherwise expressly provided in these terms and conditions, all warranties, representations, promises, conditions or statements relating to the Service, whether expressed or implied; and whether statutory or otherwise (including, without limiting generality, warranties, representations, promises, conditions and statements as to merchantability, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to obtain from or in the course of using the Service) are to the full extent permitted by law are hereby expressly excluded.
38. The Service Provider does not warrant access to the document repository service. The Customer should ensure copies of searches required after the search is completed are saved to the customer's file or emailed via the service to be held in the Customer's email server. The Service Provider will not be held liable for the need to redo any searches not held directly by The Customer.
39. The Service Provider shall not be liable to the Customer for any direct or indirect loss or damage in respect of anything done or omitted to be done by the Customer in reliance on information provided under this Agreement or otherwise relating to or resulting from use of the Service, including but not limited to loss arising out of:
1. Any inaccuracy, error or delay in or omission from any information delivered to the Customer;
2. Any delays, failures, or inaccuracies in the transmission of any information to the Customer;
3. Any delay or failure in or loss of access to the Service;
4. Government restriction, computer viruses, computer hardware or software failure, unlawful or unauthorised access to the Service, theft, sabotage, earthquake, strike, force majeure and without limitation any other conditions beyond the Service Provider's control; and whether such loss or damage is caused by any fault or negligence on the part of the Service Provider or otherwise.
40. The liability of the Service Provider in contract, tort (including negligence) or otherwise relating to or resulting from use of the Service shall in any event be limited to any one or more of the following (at the Service Provider's option):-
1. The supply of the Service again; or
2. The payment of the cost of having the Service supplied again.

Indemnity

41. The Customer agrees to fully indemnify and hold harmless the Service Provider and its officers, employees, agents, and related bodies corporate against all expenses, losses, damages and costs incurred by or awarded against any of them arising from any claim, suit, demand, action or proceeding by any person where such loss or liability relates to or arises from the use of the Service by the Customer, reliance on information provided under this Agreement or was otherwise caused by any wilful, unlawful or negligent act or omission of the Customer, its employees, agents, customers or sub-contractors in connection with this Agreement. The indemnity will continue notwithstanding termination of this Agreement.

General

42. The Customer shall not transfer, assign, lease or otherwise dispose of its rights or obligations under this Agreement without the expressed consent in writing of the Service Provider.
43. Notices may be by System Status, email, fax or mail. Users accept that notices may include commercial electronic messages and that we do require in writing any opt out of messaging from your account holder given many messages are required under our contractual arrangements. GlobalX also uses electronic messaging to promote new services and other items considered important to users and the customer agrees to receiving these commercial electronic messages.
44. The law applicable to this Agreement shall be the law in force from time to time in Queensland.
45. If any clause or subclause of this Agreement should be held to be invalid or unenforceable in any way, the remaining clauses and subclauses of this Agreement shall remain in full force and effect and such invalid, illegal or unenforceable clause or subclause shall be deemed not to be part of this Agreement.
46. Non-insistence on strict compliance with any terms of this Agreement does not amount to a waiver or variation of this Agreement or prejudice the strict enforcement of its terms. A waiver must be in writing and must expressly state that it is a waiver of a right under this Agreement.
47. The Customer acknowledges and agrees that, apart from any representations contained within these terms and conditions, it:
1. did not rely on any representations made by the Service Provider prior to entering into this agreement; or
2. was not induced to enter into this agreement by any representations made by the Service Provider.
48. Mapping data provided on this site is Copyright based on data provided under licence from PSMA Australia Limited (www.psma.com.au) Cadastral Data 2008. While every care is taken to ensure the accuracy of the mapping data, the owners of the data (including the State, Territory and Commonwealth Governments of Australia), do not make any representations or warranties about its accuracy, reliability, completeness or suitability for any purpose and, to the extent permitted by law, the owners of the data disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damages) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason.
49. The customer consents to the collection and use of information which is collected and provided by the user when using the Landata� system for all purposes associated with the use and operation of the system.

Copyright Notice

© Copyright - Copyright licensed to GlobalX Information Services Pty Ltd (GIS). All rights reserved.

Except for information and material made available, in the format it was made available, from a PRINT function within the GIS website (not for example, from a print function in the user's web browser), neither the whole nor any part of the information and material displayed on this website, nor the underlying code or codes, or programming may be printed out, copied, downloaded, duplicated, adapted, transmitted, emailed, forwarded, distributed, sold, licensed, dealt with or reverse-engineered without the prior written permission of GIS. All inquiries are to be directed to helpdesk@globalx.com.au.

Privacy Statement

GIS is committed to protecting user privacy. We understand that visitors and users of our sites maybe concerned about their privacy, and the confidentiality and security of any information that is provided.

To address concerns about unauthorised use of personal information, we commit to both the 10 Information Privacy Principles (IPP's) as well as individual Government and Non Government suppliers Privacy requirements.

• Australian Property Monitors
• New South Wales Land and Property Information
• Queensland Department of Environment & Resource Management
• Sentricx
• Department of Sustainability and Environment
• Crimtrac
• Landgate

It is impossible to guarantee absolutely the protection of your personal data, however GIS makes every effort to ensure that the appropriate technological safeguards are in place, including database encryption, SSL, access controlled areas, all of which provide a high level of security.

GIS does not on-sell your information to list brokers etc, your information is collected only to ensure we can communicate effectively with our customers and as required to fulfill our various contractual obligations.

If you do require additional information please contact our Privacy Officer:

By Email:privacyofficer@globalx.com.au

By Phone: 1300 362 585

Or In Writing:

The Privacy Officer
GlobalX Information Services Pty Ltd
GPO Box 2746
Brisbane Qld 4001

Privacy Policy

GlobalX Information (GIS) respects your rights to privacy under the Privacy Act 1988 (Cth) and the Privacy Amendment (Private Sector) Act 2000, and is required to comply with the National Privacy 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. GIS 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, email address and credit card details) in our User Application form and online ordering forms, we do (to a limited extent) collect personal information. This information is collected to enable GIS to provide information to both regular customers and Pay as You go (PAYG) customers.

What do we do with the information?

GIS uses the information you supply for the purpose of providing its services to you. Personal information collected from our User Application forms and On Line Ordering Forms is used to form our customer database. Your personal information is never shared, sold, rented or otherwise disclosed outside of GIS (save for any statutory or legal requirement).

GIS' 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.

GIS does collect some information about visitors indirectly through standard web logs, which may include IP address, browsers being used and domain names. Some data may be traceable to an individual, but we do not normally seek to identify individuals unless we believe that someone is using our sites improperly.

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?

GIS is serious about the security of our information and takes 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, database encryption and SSL.

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. You can request access to the personal information that we hold about you by writing to us at the address below. An administration fee of $20.00 + GST will be charged.

Contacting Us

If you have any questions about our privacy policy, or any complaint regarding the treatment of your privacy by us, please contact us:

By email at privacyofficer@globalx.com.au

By phone: 1300 362 585

Or in writing:
The Privacy Officer
GlobalX Information Services Pty Ltd
GPO Box 2746
Brisbane Qld 4001