Definitions and interpretations
||means the State of Queensland, Australia.
||means a database of a Database Provider
to which you have access pursuant to this
||means the equipment, programs and services
provided by CITEC to allow users electronic
access to publicly available information
held in the databases of the Database Provider.
||means a credit arrangement established
with CITEC for the purposes of utilising
||means a State or Commonwealth Department
or instrumentality, or other Government
or non-government body contributing a database
to CITEC Confirm.
||means the specific details you provide
to us for the purpose of establishing and
operating your CITEC Confirm access account.
||means the CITEC Confirm Terms and Conditions
||means the legal entity or entities registered
as a CITEC Confirm client.
Term of agreement
• This agreement will become effective
between you and us when:-
- CITEC Confirm accepts your application;
- you receive by email from CITEC Confirm
notice of your acceptance. Your acceptance
notice will under normal operating circumstances
be provided within one (1) hour of CITEC Confirm’s
acceptance of your application.
• Your application will be subject to
security and operational verification so that
we can be assured that your CITEC Confirm access
account is valid and representative of you and
that such account has not been established in
a manner which misrepresents you. We will be
under no obligation to provide CITEC Confirm
access until such time as the security and verification
process has been validated.
• We have the right to change or discontinue
any feature of CITEC Confirm at any time, including
content, hours of availability, pricing, equipment
required for access and these Terms and Conditions.
• Variation notices will in the majority
of circumstances be advised via the CITEC Confirm
web site. The alternate variation notice process
will be written notification.
Registration Details and Suspension
• CITEC Confirm access will only be provided
to you where the Registration Details are correctly
representative of you. We, at our sole discretion,
will suspend your CITEC Confirm access account
where Registration Details you have provided
are found to be misrepresentative of you.
• Automatic termination.
This agreement will automatically terminate
if you try to use CITEC Confirm without having
paid all relevant charges in advance. This condition
is not directly applicable should you have an
approved CITEC Confirm Commercial Credit facility,
however the provision relating to termination
will apply in any circumstance where you are
in breach of the Commercial Credit facility
• Termination by you.
You can terminate this agreement by advising
us by e-mail. The notice of termination must
include your Account Code and password. Termination
will take effect when we acknowledge having
received such notice. Surplus funds will be
forwarded by cheque.
• Termination by us
We can end this agreement immediately without
notice should you be in breach of this agreement.
Fees and terms of payment
• Unless you have an approved CITEC Confirm
Commercial Credit facility then all fees are
payable to us in advance.
• Current fees are displayed on the Fees
page of the CITEC Confirm web site.
CITEC Confirm has two elements to fees:
- Database Provider Information fees which
are the fees for the information levied by
the Database Provider;
- and CITEC Confirm delivery fees which are
the fees for us delivering the information
• Refunds are not available under any
circumstances once searches have been ordered.
• Refunds will not be given for manual
document ordering searches. A no result is considered
a result and is therefore due and payable by
• Your misuse of activation buttons or
any CITEC Confirm technology which incurs multiple
or single charges will become due and payable
by you. No refund applies under these circumstances.
Minimum system requirements
• CITEC Confirm uses Internet technology.
It is your responsibility to meet the requirements
which are listed in the System Information.
These requirements may vary from time to time.
• We have no control over the speed of
transmission of data where the Internet is used
Interruption to service
• We do not promise that your access
to CITEC Confirm will be uninterrupted (except
to the extent, if any, which such a promise
might be implied by law and be incapable of
exclusion by us).
• We will use our best efforts to provide
access during the hours published. However,
there may be an interruption to services to
facilitate urgent reasonable maintenance by
• We will not be liable to you or third
parties for interruptions to the service beyond
our control including but not limited to:
• Problems with your telecommunications
• Problems with your Internet Service
• Problems with your hardware or software.
(Except to the extent, if any, which we may
not be able to lawfully exclude such liability).
Disclaimer of liability
• You agree that we will not be liable
to you for anything (even negligence) to do
with CITEC Confirm (for example, without limitation,
inaccurate information), except to the extent
(if any) which we cannot exclude liability.
Intellectual property and copyright
• You acknowledge that you do not acquire
any property rights in database information
provided to you through CITEC Confirm.
• CITEC Confirm and the CITEC Confirm
logo are the registered trademarks of CITEC
and remain the property of CITEC. Through your
use of CITEC Confirm you may also access the
registered trademarks of Database Providers.
Unless otherwise provided for under these terms
and conditions of use, you are not provided
any authorisation to reproduce or utilise CITEC
or Database Provider trademarks for any activity
other than those prescribed under these terms
and conditions of use. All trademarks remain
the property of their registered owner.
Use of information
CITEC Confirm is made available only for your
personal information or business operations
You agree not to use CITEC Confirm data to
provide or facilitate direct Online access to
any other person
NOTE: There is a separate agreement to be entered
into by an Information Broker who shall include
any person seeking the waiver of any of the
restrictions referred to in this clause, or
such other person as shall be determined by
CITEC to be an Information broker. Information
brokers shall not be covered by this agreement.
• About you
CITEC will retain and protect the information
provided by you for registration and CITEC Confirm
purposes only (but may be legally required to
disclose it in some circumstances, eg if ordered
by a court to do so).
It is impossible to guarantee the protection
of your personal data absolutely. CITEC Confirm
uses encryption which provides a level of security.
However, your data may be exposed to loss, unauthorised
access, use, modification or disclosure.
CITEC will not use the information for on-selling
to list brokers.
Persons under the age of 18 years are not legally
permitted to become registered users of CITEC
• Account code and password security
You are totally responsible for the use of your
CITEC Confirm account code and password and
for maintaining their security.
You shall be responsible for any use whatsoever
of the Account Code and Password whether authorised
You agree not to reveal your CITEC Confirm
Password to any other person other than your
employees who you authorise to use your Account
Code and Password.
For security reasons, you shall be required
to change the password when requested.
• Support services
We will provide support for your use of CITEC
Confirm by e-mail. We will endeavour to provide
24 hour turnaround on this service during operating
hours. An e-mail form is provided on the Web
site for this purpose.
Usage report records and management
• We provide 12 months on-line access
to usage report records. This access is for
the purposes of assisting you to manage records
in relation to end of year reconciliation.
• During this access period it is your
sole responsibility to download, retain and
store the available records.
• Should you require records outside
of any 12 month access period then such records
will be available to you at a fee as agreed
between us and you.
• Subject to your written request (email
acceptable) we will provide you with a fee quotation
inclusive of an estimated delivery timeframe.
• Your written acceptance (email acceptable)
of the fee quotation will be required prior
to us proceeding to recover and deliver your
• We will be under no obligation to
provide your records outside any 12 month access
period unless you have accepted a fee quotation.
• Any dispute arising out of or in connection
with this agreement ("Dispute") shall
be resolved as follows:
- 1. The parties shall first refer the Dispute
to mediation by a Mediator who is approved
by the Queensland Law Society ("The Society")
and who is agreed to by the parties, or failing
agreement, appointed by the President of the
Society, on the terms of the standard mediation
agreement approved by the Society.
- 2. The reference shall commence when either
party gives written notice to the other, specifying
the Dispute and requiring its resolution under
- 3. Any information or documents obtained
through or as part of the reference under
this provision shall not be used for any purpose
other than the settlement of the Dispute under
- 4. If the Dispute is not resolved within
21 days of the commencement of the reference
under this provision, either part may then,
but (subject to (5)) not earlier, commence
proceedings in any court of competent jurisdiction.
- 5. Nothing in these terms and conditions
prevents a party from commencing court proceedings
relating to any Dispute at any time where
that party is seeking urgent interlocutory
• This agreement shall be governed by
and interpreted in accordance with the laws
of the State of Queensland, Australia.
Specific databases - additional terms
Access to particular databases may be subject
to certain additional database-specific terms.
You agree that by accessing a database, you
agree to the additional database specific terms
that are applicable:
• Automated Titles System from Queensland
Department of Natural Resources and Water
• Landata System access from Land Victoria
• Land and Property Information NSW
• Electronic Lodgement of Documents -
Queensland Magistrates Court
• Landgate Terms and Conditions Western
These documents can be viewed via our internet
site www.confirm.com.au and CITEC suggests that
you read these conditions of same prior to the
execution of this agreement.
• This agreement constitutes the whole
agreement between you and us, and supersedes
all prior representations, agreements, statements
and understandings, whether verbal or in writing.
• None of these terms and conditions
will be taken to be waived except by written
notice signed by you and us.