Leasing Information Systems

Lease Reports, 2D Maps & Centre Data
My Portfolio

Terms & Conditions

These Terms and Conditions (LIS Terms) govern the relationship between users of LIS products, and Leasing Information Systems Pty Limited ACN 607 765 097.

You must read these LIS Terms and Conditions carefully before you complete and submit a LIS Subscription form and contact LIS if you have any questions. By submitting a LIS Subscription form you agree to be bound by these LIS Terms and Conditions.

Role of LIS

LIS is a provider of lease information and tools to access that information.

LIS does not restrict access to its publicly available data systems to any parties. However data that is not available in the public domain is not published on LIS systems data access system and is kept confidential. The user acknowledges that it understands that access to LIS’s public data systems is available to a wide range of interested parties.

Conditions

The information supplied by LIS is copyright. You must not reproduce or mirror the information in breach of such copyright without the express written permission of LIS.

In particular, and without limiting the generality of paragraph 2 (a), you must not store any information supplied by LIS in any form whatsoever, or transmit or on-sell the information. Upon termination of the right to use such information howsoever you must immediately destroy any copies of information supplied by LIS.

You acknowledge that LIS may suffer significant loss as a result of any breach of paragraphs 2 (a) or 2 (b) above.

LIS gathers all its information with all reasonable care. LIS is not responsible for the source information and cannot warrant its accuracy. You acknowledge that LIS does not accept any responsibility or liability for any errors or misstatements in the information however caused. In particular, you acknowledge that LIS will not be liable for any incidental, special or consequential damages, including damages for loss of business or other profits, arising in relation to usage of the information.

You acknowledge that you are aware that LIS cannot obtain all leasing data in Australia, as certain States and properties do not register such data.

You acknowledge that the information and other material contained in the Website, excluding content owned by you, pursuant to the Subscription Agreement, whether visual, written, or audible (Content) and any additional materials, software or information are confidential to and owned or licensed by LIS (Confidential Information)

All other reproduction, modification or communication of any part of the Website is prohibited except with the express written permission of LIS. Except to the extent that this right cannot legally be excluded, you must not disassemble, decompile, or reverse engineer any part of the Website. Copyright in all works and subject matter, other than works including without limitation the design and layout of the Website, is owned by LIS.

The Website contains trademarks which may be registered or otherwise protected by law. These include LIS name and logo and the logos of various LIS products, and the trademarks of third parties. You are not permitted to use these trademarks without LIS’s prior written consent.

You acknowledge that a breach of these terms may infringe not only the rights of LIS, but its licensors. You agree to indemnify LIS in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of your breach of these terms.

The LIS website offers a number of links to third parties. You acknowledge that LIS makes no representation or warranty regarding the accuracy, timeliness, or any other aspect of the information located on third party sites. LIS has no responsibility or liability for these terms or practices or the content of such websites, and makes no representation or warranties about the products or services they may provide. If you choose to access these linked sites, you do so at your own risk. Links do not imply that LIS sponsors, endorses or is affiliated with, or associated with, such websites.

You acknowledge that you are not permitted to link to or frame the LIS Website without LIS’s express written permission.

You acknowledge that payment of subscription fees entitles you to a non-exclusive license to access the system. All Intellectual Property that is not in the public domain, or expressly excluded under the license, is and remains the property of LIS.

The access which LIS issue to you must only be used for authorised purposes. You acknowledge that you are responsible for protecting and securing your login details from unauthorised use. You may not divulge your logon details to any third party or permit any unauthorised user to access LIS information using your logon details without its prior written consent.

You acknowledge that LIS has a download limit of 100 records per calendar month to external applications.

You will fully indemnify LIS in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under status, in connection with any of the following:

1. Any breach of these terms by you;
2. Your use of the LIS products and services

You agree to be bound by the Terms and Conditions of any third party suppliers utilised by LIS. These include

1. Micello, the provider of the MAPS mapping service. Details are available at http://www.micello.com/policy/terms-use

Schedule of Fees

Please contact LIS directly to discuss your requirements and to obtain a proposal for the services you require.

You are entitled to all the data on the system at the timing of signing up plus twelve months of updates for the centres that are on the specified update list at the signing of the license. This includes all centres that are on the quarterly or six-monthly update list. In that time frame, if the customer requests a centre or strip that is not on the database or is available only by request, then additional charges will apply. A separate schedule of charges applies for each State.

Obligations of LIS

LIS will handle your personal information in accordance with its Privacy Policy, a copy of which may be viewed on the LIS website.

LIS collect certain business and personal details. LIS want to protect the privacy of your information data. None of the details provided will be passed onto third parties. The information given will be used solely to tailor its website services to the requirements of individual users. LIS may also use this information to send you details of other LIS products and services which may be of interest to you, such as details of forthcoming research based presentations.

LIS collects your e-mail address only if you choose to provide this information via its e-mail contact facility. LIS will only retain your e-mail address if you sign up its e-mail contact facility.

LIS will log general statistical information such as domain name, IP address and browser type of website visitors through a site reporting tool. LIS will anonymise this information and only use it to analyse website activity and trends.

Disclaimer

LIS Content is subject to change at any time without notice. The Content and the Services are provided as an aid to decision making and any material contained within is not intended as a substitute for equivalent professional advice in any given field. LIS uses reasonable endeavours to provide current and accurate Content, however its Website and the Content may contain errors. LIS does not represent that the Content is current, accurate or complete, or that it is appropriate for your specific requirements. LIS does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Website or any website linked from it. Content is not deemed to include data, documents or objects which are uploaded to the Client’s own database by you, via the Website.

LIS has a highly effective and well managed virus, rookit and anti-spam system, however it does not warrant or represent that its products and services will be free of viruses or defects in operation or design.

Commencement and Renewal

These terms are effective from the date on which LIS receives your completed Subscription Agreement and applicable Fees and your registration will continue for a minimum term of 12 months and continue until such time that your subscription to the chosen service lapses, or your notify LIS that you no longer require access to the LIS services and products.

Termination

LIS may terminate your subscription if you fail to make a required payment within seven days of the required date.

LIS may terminate your subscription at any time immediately and without notice if you become insolvent, or if you breach any of these terms and conditions, and do not effect remedy of such breach within 30 days of LIS requesting such.

All rights and remedies accrued at the time of termination and the disclaimers, indemnities, limitations of liability, obligations in relation to intellectual property and privacy will survive termination of these terms.

LIS will not be obliged to refund any amounts paid by you if your licence to use its products and services is terminated under this clause.

In the event that your licence is terminated or upon request, the user generated data that has been entered by you will be deleted permanently from the system.

In the event that your licence is terminated by LIS or upon request from you any user generated data that has been entered by you may be deleted permanently.

Liability

Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the services provided by LIS under this agreement are excluded.

To the extent permitted by law, LIS will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the services provided by LIS, including as a result of not being able to obtain an au pair, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

To the maximum extent permitted by law, the aggregate liability of LIS under or in relation to this agreement (including indemnities) arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the services provided by LIS to you and which directly led to LIS’s liability arising.

General

These terms and conditions are governed by and must be construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. You and LIS submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.

If part or all of any of the LIS Terms is illegal or unenforceable it will be severed from the LIS Terms and will not affect the continued operation of the remaining provisions of the LIS Terms.

These terms and conditions can only be amended, supplemented or waived in writing, signed by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of these terms and conditions.

You are not permitted to assign any of your rights, benefits or obligations under these terms.

Terms & Conditions

These Terms and Conditions (LIS Terms) govern the relationship between users of LIS products, and Leasing Information Systems Pty Limited ABN 86 607 765 097.

These are the terms on which Leasing Information Systems Pty Ltd (LIS) permits YOU (the individual whose name and details are specified in the Subscription Agreement) to access and use the MPV2 Application (MPV2V2) provided via the LIS website www.leaseinfo.com.au . If YOU do not agree to these Terms, You may not use or access the MPV2 Application.

References to these Terms include all terms set out in this document and include any amendments made from time to time.

General

MPV2 is a purpose built ‘Lease Management Software Application” and is only available to existing subscribers to Leasing Information Systems. The following terms are additional to the Terms of Use of the Leasing Information Systems website, which are contained at the following link http://www.leaseinfo.com.au/terms.cfm.

The My PortfolioV2 program has two components:

The LeaseInfo Online Data Entry module
The MPV2 display tab located within the LIS main website

On the MPV2 display tab there are two sections:

User generated data ( i.e data that you have entered as a subscriber to MP2) and
Publicly registered data which relates to your portfolio

Use of the Website and Fees

1. The Website is operated by Leasing Information Systems (‘LIS’). To use, access or subscribe to the Services, You must agree to all these terms and where applicable pay the subscription fees for the Services as published by LIS from time to time (Fees).
2. You are permitted to access and use MP2 for the sole purpose of managing your MPV2 own lessee portfolio.
3. The services offered in MPV2 are available for purchase only by companies or other entities or those individuals over 18 years of age who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility.
4. The Website, MPV2 and the information and other material contained in the Website excluding content owned by You pursuant to the Subscription Agreement, whether visual, written, or audible (Content) and any additional materials, software or information associated with MPV2 are confidential to and owned or licensed by LIS (Confidential Information). You are permitted to view the Content from the Website only for the purpose of Your own use in connection with MPV2.
5. All other reproduction, modification or communication of any part of the Website is prohibited except with the express written permission of LIS. Except to the extent that this right cannot legally be excluded, You must not disassemble, decompile, or reverse engineer any part of the Website. Copyright in all works and subject matter other than works including without limitation the design and layout of the Website is owned by LIS.
6. The Website contains trade marks which may be registered or otherwise protected by law. These include LIS name and logo and the logos of various LIS products, and the trade marks of third parties. You are not permitted to use these trade marks without LIS’s prior written consent.
7. You acknowledge that a breach of these Terms may infringe not only the rights of LIS, but its licensors. To the extent of Clause 9.1 of these Terms, You agree to indemnify LIS in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of your breach of these Terms.
8. In accessing the Website and Services You must comply with any User Conduct Policies published by LIS from time to time on the Website. It is your responsibility to check the Website regularly to keep up to date with these policies.
9. It is vital that any information uploaded by You to MPV2 is retained and backed up by You elsewhere. LIS will not be liable in the event of a failure by You to retain and/or backup such information.

Passwords, Access and Maintenance

1. You will be provided with a username (s) and password(s) to both modules of MPXV2. You agree that You will not disclose, or permit disclosure of the Password to any person. You will be fully responsible for all acts and omissions of any person who accesses or uses the Website using the Password, as if they were Your own acts and omissions. LIS will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and You will indemnify LIS against all loss, damage, claims, costs or demands in this regard.
2. You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify LIS of any Password which is lost, inoperable or used in an unauthorised manner.
3. My Portfolio is synced at the time of the user uploading the data. All the user generated that is stored in separate database tables to the main database. This is data is hosted externally to Leasing Information Systems BY Amazon Web Servers (AWS).
4. LIS and its employees are not able to view this data directly, however, the database is administered by Leasing Information Systems for the purpose of administration and technical performance and support.

Terms and Renewal

1. These Terms are effective from the date on which LIS receives Your completed Subscription Agreement and applicable Fees and your registration will continue for a minimum term of 12 months and continue until such time that your subscription to MPV2 lapses, or your notify LIS that You no longer require access to the Website and/or MPV2.
2. In the event that you subscribe to additional services prior to the expiry of the initial term, your registration will automatically continue until the expiration of your subscription to the services that are purchased.
3. Subject to the specific provisions of the Subscription Agreement, LIS may notify You of changes to MPV2, the Fees or these Terms by displaying any amended conditions on the Website. The most recently published conditions will apply when You renew Your registration or subscription to MPV2 on the Website. It is Your responsibility prior to any renewal to read the published conditions, which may modify or replace these Terms, and determine whether You wish to renew Your registration or subscription.
4. Any lease or other data source which becomes in the public domain relating to your portfolio and which is obtained by LIS will be allowed to be displayed on the main LIS website. It is expressly agreed that nothing in this agreement will prevent LIS from displaying leases that are in the public domain.

Termination

1. LIS may terminate the Services and Your licence to use the Website at any time immediately and without notice if You become insolvent, or if You breach any of these Terms, and do not effect remedy of such breach within 30 days of LIS requesting such.
2. All rights and remedies accrued at the time of termination and the disclaimers, indemnities, limitations of liability, obligations in relation to intellectual property and privacy will survive termination of these Terms.
3. LIS will not be obliged to refund any amounts paid by You in respect of MPV2, the Website or these Terms if Your licence to use MPV2 or the Website is terminated under this clause 4.
4. In the event that you terminate or upon request, the user generated data that has been entered by you will be deleted permanently from the system.

Confidentiality

1. LIS undertakes to provide confidentiality and data security for the user generated data.
2. It is the responsibility of the user to check that the user generated data is completely accurate

Jurisdiction

1. These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
2. LIS does not warrant or represent that the Website or MPV2 are appropriate for use outside Australia, where such use may be illegal, or may infringe any person’s rights.

Disclaimer

1. The Content of the Website is subject to change at any time without notice. The Website and the Services are provided for personal use only and any material contained within is not intended as a substitute for equivalent professional advice in any given field. LIS uses reasonable endeavours to provide current and accurate Content, however the Website and the Content may contain errors. LIS does not represent that the Content is current, accurate or complete, or that it is appropriate for Your specific requirements. LIS does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Website or any website linked from it. Content is not deemed to include data, documents or objects which are uploaded to the Client’s own database by You, via the Website.
2. LIS has a highly effective and well managed virus, rookit and anti – spam system, however it does not warrant or represent that the Website will be free of viruses, defects in operation or design. It is your responsibility to ensure that your systems are free from viruses, malware, spyware, cookies, corrupted data or other harmful, disruptive or destructive files. These could affect the performance of My Portfolio or other LIS software.

Privacy

1. Personal information provided to LIS via the Website will be handled in accordance with LIS’s Privacy Policy, a copy of which may be viewed on the Website.

Links from the Website

1. You are not permitted to link to or frame the Website without LIS’s express written permission.
2. The Website may contain links to other websites that are owned and operated by third parties. However, even if the third party is affiliated with the LIS, LIS has no control over these linked sites, all of which have separate terms of use and privacy and data collection practices, independent of LIS. LIS has no responsibility or liability for these terms or practices or the content of such websites, and makes no representation or warranties about the products or services they may provide. If you choose to access these linked sites, You do so at Your own risk. Links do not imply that LIS sponsors, endorses or is affiliated with or associated with such websites.

Liability

1. Subject to the provisions of Clause 10, the liability of either party to this Agreement shall be limited in value to 100% of the Fees for the Services paid by the Customer under this Agreement In the 12 months prior to the then current claim arising. Notwithstanding any other provision of this Agreement (or any other agreement between LIS and the Customer) neither party will be liable to the other for any indirect or consequential loss or damage arising out of either party’s breach of this Agreement or the failure of the Services.
2. LIS and its related bodies corporate will not in any case be liable for: (a) any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data; or (b) without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed; arising out of or in connection with these Terms, the Website, or the Services.
3. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of LIS for a breach of such non-excludable condition or warranty is limited, at LIS’s option, to:
  1. In the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
  2. In the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.

Indemnity

1. You will fully indemnify LIS in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under status, in connection with any of the following:
  1. any breach of these Terms by You;
  2. You use of the Website
  3. Any loss or consequence arising out of a failure to receive an email or transmission
  4. Any loss or consequence arising out of a failure to act on user generated or public data

General
1. Each provision of these Terms is severable from the others and no severance of a provision will affect any other position. You are not permitted to assign any of Your rights, benefits or obligations under these Terms.