These Special Terms are product-specific terms and conditions that form a part of the general Terms and Conditions (together the Property Owner Alert Terms and Conditions) that you agree to when you subscribe to the Property Owner Alert Service (Alert Service) with Secure Electronic Registries Victoria Pty Ltd (SERV) via the LANDATA Platform.
1. Subscription
1.1 You may subscribe to the Alert Service which will apply to each title (referred to as a Property) which is nominated by you when you subscribe.
1.2 SERV will confirm the subscription by email confirmation to the email address provided by you when you subscribed.
2. Scope of Service
2.1 If you subscribe to the Alert Service, SERV will issue you with a notice by way of email each time one of the following trigger events occurs with respect to the Property that you nominated when you subscribed (Alert Service Notifications):
- If and when any of the dealings set out at Exhibit A are registered on the Property (Dealing Alert);
- If and when an Electronic Lodgement Network Operator requests a Lodgement and Support Services (LSS) package for the Property. For example, when a PEXA workspace is created (Pre-Settlement Alert);
- Following two or more Title Searches over a 30-day period (Search Alert).
2.2 You will only be provided with the Alert Service Notifications during the term of your subscription and only in relation to the Property or Properties nominated by you when you subscribed.
3. Alert Service Notifications
3.1 The email address nominated by you when you register for the subscription will be the address to which Alert Service Notifications will be sent.
3.2 SERV has the target timeframes for delivery of the Alert Service Notifications as set out below, however these are target times only. There may be delays if Alert Service Notifications are batched for sending or due to other causes beyond SERV’s control, including, without limitation, an IT outage.
Alert Service Notification Target Timeframes
| Alert Service Notification | Target Timeframe |
|---|---|
| Dealing Alert | Same day as trigger event |
| Pre-Settlement Alert | Same day as trigger event |
| Search Alert | The day following the trigger event |
4. Liability
4.1 You are responsible for making all appropriate enquiries and searches and taking all appropriate steps to protect any legal or equitable interests in land that concern you or a person for whom you are acting and you must not rely upon the Alert Service for this purpose.
4.2 To the extent permitted by law, SERV will not be liable to you or any other person for any loss or damage whatsoever incurred or suffered arising out of:
- The issue of any Alert Service Notification;
- The failure to issue of an Alert Service Notification;
- Any delay in the issue of an Alert Service Notification; or
- Any communication or system failure or loss or corruption of any data however caused.
5. Fees
A one-off fee of an amount determined by SERV from time to time and notified to you prior to subscribing, is payable for the Alert Service at the time of subscription.
6. Term and Termination Events
6.1 The Term of your subscription to the Alert Service will be for the duration of ownership of the owner current at the time the subscription is taken out, subject to earlier termination due to any of the termination events below:
- If you terminate the subscription by notifying SERV in writing via email to data.services@servictoria.com.au;
- If one of the dealing types listed in Exhibit B is registered;
- If SERV terminates for breach by you of the Property Owner Alert Terms and Conditions; or
- If SERV terminates because it no longer wishes to offer the Alert Service.
6.2 In the case of 6.1(b) above, SERV will notify you by email that a dealing type listed in Exhibit B has been registered and the subscription has ended.
6.3 In the case of 6.1(c) above, SERV may terminate immediately upon written notice to you if you are in material breach of the Property Owner Alert Terms and Conditions and such breach is incapable of being remedied or which you fail to remedy within 7 days of notification to do so.
6.4 In the case of 6.1(d) above, SERV will provide you with 60 days written notice.
6.5 In the event of termination under (a), (b) or (c) above, the subscriber will not be entitled to a refund. If SERV terminates because it no longer wishes to offer the service, you will be entitled to a pro rata amount of the refund for the subscription period. In this situation, a tenure of 8 years will be assumed for the purposes of the refund.