| 1 - ESTIMATED TURN AROUND TIME |
| SERV provides estimated turnaround times for all certificates ordered through LANDATA®. These timeframes are indicative only and are provided for general guidance. They do not constitute a guarantee or commitment by SERV to deliver within a specified period. Each certificate has a unique estimated turnaround time based on the Issuing Authority’s recent average processing durations and not the Authorities own stated turnaround times. These estimates are displayed on the order form alongside each available certificate. SERV shall not be liable for any delays in certificate delivery. |
| 2 - DELAYED CERTIFICATE RETURNS |
| SERV provides each Issuing Authority with a weekly report identifying all outstanding certificates. In the event that a certificate is not returned by the estimated delivery date, SERV will initiate contact with the relevant Issuing Authority to notify them of the delay and request the delivery of the certificate. |
| 3 - DISCRETIONALRY FOLLOW-UP |
| At its sole discretion, SERV may undertake ad hoc follow-ups with Issuing Authorities to enquire about the status of outstanding applications. This discretionary action will be taken where SERV deems it practical and where such follow-up is likely to result in either the return of the certificate or a substantive update regarding the reason for the delay. Where appropriate, SERV may record updates in the order tracking section for customer visibility. When available, this information can be accessed via the order tracking feature in your account. |
| 4 - CUSTOMER-INITIATED FOLLOW -UP REQUESTS |
| All follow-up activities are undertaken at SERV's discretion and in accordance with this policy. SERV is unable to respond to specific requests from customers requesting updates on certificate delivery. |
| Refund and Cancellation Policy |
|---|
| 1 - GENERAL POLICY STATEMENT |
| SERV’s refund policy is governed by the terms and conditions outlined in the LANDATA® Terms and Conditions (general terms), which are available here. This policy provides a summary of SERV’s approach to refunds and should be read in conjunction with the general terms. |
| 2 - DISCRETIONARY REFUNDS |
| SERV reserves the right to issue refunds at its sole discretion. While not obligated to do so, SERV will consider refunds under the following circumstances: -Where a certificate or product is unavailable, after an order has been placed. -Where a certificate or product cannot be delivered due to a SERV system error. -Where an Issuing Authority directs or requests SERV to cancel an order. Any valid refund will be proactively actioned by SERV, within the timeframes set out in our general terms. For clarity, delays in the fulfilment of a certificate or product do not, in themselves, constitute grounds for a refund. All refunds are considered on a case-by-case basis and are subject to SERV’s sole discretion. If SERV decides to process a refund, the service fee may be retained. |
| 3 - REFUND PROCESSING TIMEFRAMES |
| Upon receipt of a refund request, SERV will review the claim within twenty (20) business days. If the claim is approved, SERV will attempt to process the refund within five (5) business days of the decision. |
| 4 - REFUND REVIEW REVIEW PROCESS |
| Upon receipt of a refund request, SERV will review the claim within twenty (20) business days. If the claim is approved, SERV will attempt to process the refund within five (5) business days of the decision. |
| 5 - CANCELLATION OR CHANGE OF ORDER REQUESTS |
| SERV does not accept cancellation or change of priority requests from customers. Once an order has been placed, it is unable to be cancelled or altered, including changing certificates from a standard to a priority option (if available). This is due to the immediate nature of order processing and transmission to the relevant Issuing Authority. For the avoidance of doubt, any delay in fulfillment does not constitute grounds for cancellation or change of order, |
| 6 - ALERT SERVICE NOTIFICATION 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 |
| 7 - LIABILITY |
| 7.1 - 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. |
| 7.2 - 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. |
| 8 - 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. |
| 9 - TERM AND TERMINATION EVENTS |
| 9.1 - 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. |
| 9.2 - 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. |
| 9.3 - 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. |
| 9.4 - In the case of 6.1(d) above, SERV will provide you with 60 days written notice. |
| 9.5 - 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. |