Last updated: 20/04/2026
These Terms and Conditions ("Terms") govern your use of the website titlecheck.com.au and the services provided by Title Check Pty Ltd (ABN 12 676 646 334) ("Title Check", "we", "us", or "our").
By accessing or using our website or services, you agree to be bound by these Terms.
PART A – CORE TERMS
1. About the Service
1.1 Title Check provides access to property-related information, documents, and data sourced from third-party land registries, government bodies, and other data providers ("Authorities").
1.2 Title Check is an information aggregation and delivery service only. We do not create, verify, or guarantee the accuracy, completeness, or timeliness of any information supplied.
1.3 All information provided through our Services is sourced from third parties. We are not responsible for any errors, omissions, delays, or inaccuracies in that information.
1.4 Title Check does not provide legal, financial, property, or professional advice. Any information provided is for general informational purposes only.
1.5 You must obtain independent professional advice before relying on any information provided through our Services.
2. Acceptance of Terms
2.1 By accessing or using our website or Services, you agree to these Terms.
2.2 If you do not agree to these Terms, you must not use our website or Services.
2.3 We may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
3. User Eligibility
3.1 You must be at least 18 years of age to use our Services.
3.2 You confirm that you have the legal capacity to enter into a binding agreement.
4. Orders and Payments
4.1 All Services must be paid for in advance.
4.2 By placing an order, you:
- authorise Title Check to charge your nominated payment method;
- confirm that your payment details are accurate and valid.
4.3 Orders are processed immediately upon successful payment.
4.4 Services are delivered electronically via email and/or online access.
4.5 You are responsible for ensuring your contact details are correct and capable of receiving communications.
5. Digital Delivery
5.1 All products and services are delivered digitally.
5.2 Once an order has been processed and delivered, it is deemed fulfilled.
5.3 You are responsible for downloading and securely storing documents.
6. Refund Policy
6.1 Refunds are not provided once an order has been processed, except:
- where required by law; or
- where the service cannot be delivered due to a failure on our part.
6.2 Nothing in these Terms excludes your rights under the Australian Consumer Law.
6.3 Certain products have their own specific refund terms, which apply to those products in addition to or instead of this clause (see, for example, section 27 – Subdivision Feasibility Report).
7. Service Availability
7.1 We do not guarantee uninterrupted or error-free service.
7.2 Services may be affected by third-party systems and registry availability.
8. No Reliance
8.1 You use the service at your own risk and must not rely on the information as professional advice.
9. Third-Party Data
9.1 All data is sourced from Authorities.
9.2 We are not responsible for its accuracy or completeness.
10. Limitation of Liability
10.1 To the maximum extent permitted by law:
- liability is limited to the amount paid;
- no liability for indirect or consequential loss;
- no liability for reliance on information.
11. Indemnity
11.1 You indemnify Title Check against claims arising from your use of the Services.
12. Intellectual Property
12.1 All content remains the property of Title Check or licensors.
13. Acceptable Use
13.1 You must not misuse the Services or resell data.
14. Suspension
14.1 We may suspend access for breach or misuse.
15. Privacy
15.1 Use is governed by our Privacy Policy.
16. Governing Law
16.1 These Terms are governed by the laws of Western Australia, Australia.
17. General
17.1 If any provision is invalid, the rest remains in effect.
1 - Hour Guarantee - Terms and Conditions
1. The 1-hour guarantee applies to Certificate of Title and Title Search orders only. All other order types, including but not limited to Sewer Diagrams, Dial Before You Dig plans, Survey Plans, and Dealings, are excluded from this guarantee.
2. Orders for properties located in the Northern Territory (NT) are excluded from the 1-hour guarantee due to the nature of title processing in that jurisdiction. We will fulfil NT orders as promptly as possible but cannot guarantee delivery within 1 hour.
3. Where a search returns no results, the 1-hour guarantee is suspended pending clarification from the customer. Our support team will contact the customer within 1 hour of the order being placed to request the additional information required to complete the search. The 1-hour delivery window will commence from the time the customer provides the requested information.
4. Where a search returns multiple address matches, the 1-hour guarantee is suspended pending confirmation from the customer of the correct property. Our support team will contact the customer within 1 hour of the order being placed to confirm the correct address. The 1-hour delivery window will commence from the time the customer provides confirmation.
5. The 1-hour guarantee applies to orders placed during business hours only (Monday to Friday, 9:00 AM to 5:00 PM AEST). Orders placed outside of business hours, including weekends and public holidays, will be processed on the next available business day and are not covered by the 1-hour guarantee.
6. In the event that a delay is caused by a third-party government registry or data provider and is outside of our control, the 1-hour guarantee will not apply. We will notify the customer of any such delay as soon as practicable.
7. If we fail to deliver your Certificate of Title or Title Search within 1 hour under the conditions set out above, you are entitled to a full refund of the order amount. Refund requests must be submitted within 7 days of the order being placed.
PART B – AUTHORITY AND REGISTRY TERMS
1.0 Title Check Pty Ltd ACN 676 646 334 (Title Check) is a provider of property information and related services. These services include providing information and services sourced from government departments, agencies and industry sources.
1.1 In consideration of the services provided to you by Title Check as described on this website you agree to make the appropriate payment and to be bound by these Terms and Conditions of Use.
1.2 The information and documents we provide for you are electronic copies of authentic documents held by the Land Registries of QLD, NSW, VIC, WA, SA, ACT and NT and/or their agents, and other official bodies. We do not take responsibility for errors made by them. The information we provide is as provided by them.
1.3 Electronic information processed over the internet or by email may be subject to delays or losses beyond our control. Neither we nor our information providers shall be liable for any losses arising therefrom.
1.4 We agree to take payment from you by credit card. In consideration of this you agree not to cancel credit card payments made by you. Cancellation of credit card orders following a purchase on your behalf may result in civil proceedings against you.
1.5 You will be notified by email as soon as your documents are ready and you will be able to access them immediately. Emails regarding your order will be sent to you from info@titlecheck.com.au. It is your responsibility to ensure that your email address can accept emails from this email address. You may need to add info@titlecheck.com.au to your address.
1.6 Land & Property Information Conditions of use: Users are prohibited from: Using the Property Information in any way other than for their own business purposes, on-selling, sub-licensing, disclosing or otherwise providing Property Information in any form to any other person; Altering the format, meaning or substance of any Property Information supplied Printing Property Information on paper other than plain or pre-printed paper, which includes a Proprietary Notice*; Making copies of the Property Information other than as are reasonably required for backup purposes, provided that such copies include a Proprietary Notice* and are secured so as not to be accessed or used by unauthorized persons or for any purpose other than backup.
*Proprietary Notice means a notice on material in which LANDS claims rights, title or ownership.
2.0 Refunds Policy:
2.1 Refunds are not available under any circumstances once orders have been processed. Only in the event of a search failure will refunds be issued, meaning the order is not received by Title Check.
2.2 Certain products have their own specific refund terms, which prevail over this clause for those products (see, for example, section 27 – Subdivision Feasibility Report).
3.0 Intellectual Property and Copyright:
3.1 You acknowledge that you do not acquire any property rights in database information provided to you either through ourselves or anyone else from whom we have obtained the information.
3.2 Title Check and its logo are the trademarks of Title Check and remain the property of Title Check. Through your use of our website you may also access registered trademarks of database providers other than ourselves. Unless otherwise provided for under these terms and conditions, you are not authorised to reproduce or utilise Title Check or other database provider trademarks or logos for any activity other than those prescribed under these terms and conditions. All trademarks remain the property of their registered owner.
4.0 Support Services
4.1 Title Check will provide customer service support via email and will endeavor to provide a twenty-four (24) hour turnaround on this service during published operating hours. An email form is provided on Title Check website www.titlecheck.com.au for this purpose.
4.2 Title Check shall not be liable to the User in negligence or otherwise in respect of anything done or omitted to be done by the User in reliance in whole or in part on the Service including any assistance or demonstration provided to the User by Title Check and Title Check liability to the User shall in any event be limited to the amount of the fees charged for the particular service to which such liability relates.
4.3 To the extent that Clause 4.2 is rendered void or unenforceable by any relevant law Title Check liability to the User is limited to either (at Title Check discretion) the supplying of the service again or the payment of the cost of having the service supplied again.
5.0 Minimum System Requirements
5.1 Title Check uses Internet technology. It is the responsibility of the Client to meet the technology requirements in relation to use of the System. These technology requirements may vary from time to time.
6.0 Interruption to Service
6.1 Title Check does not warrant that Client access to Title Check will be uninterrupted (except to the extent, if any, where such warranty may be implied by law and be incapable of exclusion by Title Check).
6.2 Title Check will use best efforts to provide access during the published hours of service. However, there may be an interruption to services to facilitate urgent reasonable maintenance by Title Check.
6.3 Title Check will not be liable to the Client or third parties for interruptions to the service beyond its control including but not limited to:
problems with Client telecommunications services;
problems with Client Internet service provider; or
problems with Client hardware or software,
Except to the extent, if any, that Title Check is not able to lawfully exclude such liability.
7.0 Disclaimer of Liability
7.1 The Client agrees that Title Check’s staff, employees, directors, agents or contractors will not be liable to the Client for anything (even negligence) regarding Title Check (for example, without limitation, inaccurate information), except to the extent (if any) that Title Check cannot exclude such liability.
7.2 The Title Check service is provided ‘as is’ and ‘as available’. Title Check has been implemented in a technical environment that is designed to provide high availability and be fault-tolerant. However, as with any technology-based facility, the speed and characteristics of the Title Check will vary at different times and under different circumstances and the Title Check may not always work as described and may be subject to faults, interruption or breakdown or be fully or partially unavailable. In addition, the accuracy of Title Check Information is dependent on its source. You acknowledge and agree that Title Check Information and your access to and use of the Title Check, is on an ‘as is, as available’ basis only.
7.3 Title Check grants the User access to the Service on the basis that Title Check is not engaged in rendering legal or other professional services.
8.0 Use of Information on Database
8.1 Title Check is not responsible for any lost or damaged documents after the purchase has been complete, documents will need to be repurchased in this instance.
8.2 Title Check is made available only for the Client’s personal information or business operations. The Client agrees not to use Title Check data to provide or facilitate direct online access to any other person.
8.3 Title Check will only keep your purchased documents on our server for a maximum of 60 days. After 60 days the document will be removed from our server as dictated by each states land registries.
NOTE: These Terms and Conditions of Use do not provide a Client with the authority to resell Title Check Information services.
9.0 Indemnity
9.1 You agree to indemnify and keep indemnified and hold us, our agents and employers harmless from and against any claim or demand brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non‐observance of these terms.
Additional Authority Information
10.0 Accessing Authority Information
10.1 The User warrants that, unless otherwise stated in this Agreement, it will:
not alter the format, meaning or substance of any Authority Information; and
not augment or incorporate the Authority Information with any other data or product in such a way as to change, or cause any person to be misled as to, the context or meaning of the Authority.
11.0 Liability
11.1 Access to any Authority Information will be subject to the availability of the Authority Information as made available by the relevant Authority from time to time.
11.2 Title Check shall not be responsible for any inaccuracy, defect or error in any Authority Infomation.
11.3 The User acknowledges that the Authorities providing Authority Information cannot and do not warrant that their databases are free of inaccuracies, defect or errors. Unless otherwise explicitly stated in writing from the relevant Authority in this Agreement or otherwise, the Authorities will not be responsible for any such inaccuracy, defect or error in their databases or in any software for accessing or searching those databases and will not be liable for any loss or damage (including consequential loss or damage, which includes, without limitation, loss of profits, business, revenue or data) arising from the use of the Service.
11.4 Notwithstanding the previous paragraph, if the User obtains Authority Information from the State of Queensland (Department of Natural Resources and Mines), the State of Queensland (Department of Natural Resources and Mines) will be liable to compensate the User in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Title Act 1994 (Qld) (as amended) if the User suffers deprivation of a lot, interest in a lot or loss or damage in accordance with the Land Title Act. Where the User is entitled to compensation against the State of Queensland (Department of Natural Resources and Mines) pursuant to the above-mentioned provisions of the Land Title Act, the User agrees that it will seek compensation in accordance with the provisions of the Land Title Act.
11.5 The Authority Information is only valid at the time, date and in the form obtained through the use of the Service. Title Check and the Authorities accept no responsibility for any subsequent release, publication or reproduction of this information.
12.0 Intellectual Property
12.1 The User:
is licensed to use Authority Information strictly for its own internal business purpose and must not sub-licence this right to any other party without the prior written consent of Title Check; and
will not use or permit to be used any Authority’s Intellectual Property or any modification thereof without the prior written consent of the Authority (which may be withheld by the Authority at its absolute discretion).
13.0 Confidential Information
13.1 If Title Check makes available Authority Information to a User and advises the User that the Authority Information is confidential (Confidential Information), the User must:
keep the Confidential Information confidential and not make public, disclose or use it for any purpose other than that for which it was obtained;
not disclose or permit the disclosure of the Confidential Information to any unauthorised persons;
take all steps and do all things necessary, prudent or desirable to safeguard the confidentiality of the Confidential Information (which may include the execution of individual confidentiality undertakings at an Authority’s request);
dispose of all documents containing or relating to Confidential Information immediately after those documents cease to be required for the User’s internal business purposes; and
comply with any specific directions from Title Check or the relevant Authority with respect to such Confidential Infomation.
14.0 NSW Title Check SERVICES
14.1 For the purposes of this section 14, the following definitions and provisions apply in respect of Authority Information obtained from New South Wales Title Check Services (LRS) formerly known as Land and Property Information New South Wales (LPI) in relation to the provision of Services by Title Check to the User under this Agreement.
Property Information means the types of information and data provided by NSW Title Check Services (formerly LPI)
14.2 The User will not:
use Property Information other than for its own personal or business purposes;
on-sell and/or sub-licence Property Information in any form to any other person;
alter the format, meaning or substance of any Property Information supplied; and
make copies of the Property Information other than is reasonably required for its personal or business purposes or for back up purposes.
15.0 QLD DRNME OPEN LICENCE INFORMATION
15.1 For the purposes of this section 6, the following definitions and provisions apply in respect of Authority Information obtained from the Queensland Department of Natural Resources, Mines and Energy (QLD DRNME) in relation to the provision of Services by Title Check to the User under a Limited Use Licence agreement.
Direct Marketing means one to one marketing using personal details (eg name, address, email address), normally supported by a database, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.
Licensed Data means data that is owned by or licensed to QLD DRNME and has been licensed to Title Check under an agreement.
Licensed Data Product(s) means any Value Added product derived from or based on the Licensed Data or any Licensed Data Product(s) and produced by Title Check.
Privacy Laws means any legislation (or mandatory government policy, where applicable) enacted by Federal or State agencies in relation to privacy and includes the Privacy Act 1988 (Cth) and Information Privacy Act 2009 (Qld).
Value Add/Added/Adding means any repackaging which irreversibly changes the form of the Licensed Data or any augmenting or incorporation of the Licensed Data with other data. Conversion onto a different media or the translation into a different format (e.g. changing colour and formatting) of Licensed Data is not Value Adding.
15.2 The User agrees that it will not use the Licensed Data Product(s) with the intention of encroaching upon the privacy of an individual or for Direct Marketing and it will comply with the Privacy Laws.
16.0 QUEENSLAND TITLES REGISTRY PTY LTD ONLINE DISTRIBUTOR LICENCE AGREEMENT
16.1 For the purposes of this section 16, the following definitions and provisions apply in respect of Authority Information obtained from the State of Queensland (as represented by the Department of Natural Resources, Mines and Energy) (Queensland Titles Registry Pty Ltd) in relation to the provision of Services by Title Check to the User under this Agreement.
Direct Marketing means one to one marketing using personal details (eg name, address, email address), normally supported by a database/resource, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.
Information Product means an online product supplied through online access search types (eg Title Search).
Personal Infomation means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
16.2 The User acknowledges that it has no rights of ownership in the Information Products and all intellectual property rights including copyright in the Information Products that Queensland Title Registry Pty Ltd or the copyright owner has, are retained by Queensland Titles Registry Pty Ltd or the copyright owner.
16.3 The User acknowledges that, except for sub-section 16.5 (Statutory Compensation) below, Queensland Titles Registry Pty Ltd or does not guarantee the accuracy or completeness of the Information Products, and does not make any warranty about the Information Products.
16.4 The User agrees that, except for the sub-section 16.5 below, Queensland Titles Registry Pty Ltd is not under any liability to it for any loss or damage (including consequential loss or damage) from its use of the Information Products.
16.5 The provisions of sub-sections 16.3 and 16.4 above are subject to the provision that the State of Queensland through Queensland Titles Registry Pty Ltd will be liable to compensate the User in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Title Act 1994 (as amended) if the User suffers deprivation of a lot, interest in a lot or loss or damage in accordance with the Land Title Act. Where the User is entitled to compensation against the State of Queensland through Queensland Titles Registry Pty Ltd pursuant to the above-mentioned provisions of the Land Title Act, the User agrees that it will seek compensation in accordance with the provisions of the Land Title Act.
16.6 The User agrees that it will not use, other than for the purpose for which the Information Products are provided under this agreement, or disclose to any other person, any Personal Information contained in the Information Products.
16.7 The User agrees that it will not use the Information Products for Direct Marketing.
16.8 The User accepts that the use of the Information Products by it will be limited to its own personal use or for use in the ordinary course of its business. It will not on-sell or distribute the Information Products to any other third party, nor will it produce any products incorporating the Information Products except with the prior written approval of Queensland Titles Registry Pty Ltd.
16.9 Notwithstanding any other provision in this Agreement, the User agrees that the terms governing the use and access of Information Product from Queensland Titles Registry Pty Ltd shall be governed by and construed in accordance with the law of the State of Queensland, Australia.
17.0 VIC LANDATA INFORMATION
17.1 For the purposes of this section 17, the following definitions and provisions apply in respect of Landata Information obtained from the State of Victoria and must be read in conjunction with the Agreement between Title Check and the State.
Ad hoc Customer means a person who requests Licensed Material from the Licensee by way of telephone, mail, fax, email or via the Internet and who is not a “Customer” for the purposes of the Licence Agreement.
Authorised Purposes means:
dealings with interests in land authorised by Law
a purpose directly related to such dealing provided that the purpose is not contrary to any Law: or
an enquiry relating to land or the ownership of land recorded In the Register provided that the enquiry or the purpose of enquiry is not contrary to Law;but does not mean:
data aggregation, data matching, marketing, compilation of mailing lists, list brokering of the Licensed Material or any related purpose except to the extent that such data aggregation, data matching, marketing, compilation of mailing lists, list brokering of the Licensed Material or related purpose is required by law (including any obligation under a court order).
Crown Land Status Information means information in relation to Crown land that may include land description, whether and for what purposes it is reserved and reference to related instruments.
Customer means the person who has entered into a “Customer Agreement” with the Licensee for access to the Licensed Material.
Land Index means the electronic cross reference table listing registered proprietors, title particulars, parcel and property identifiers of properties located in the State of Victoria maintained by the State.
LANDATA® System means the computerised system operated by the State, and as varied from time to time, which currently provides access to the Licensed Material.
Law means the requirements of all Acts of the Parliament of Victoria and of the Commonwealth of Australia and the requirements of all ordinances, regulations, laws, orders and proclamations made or issued under any such Acts or ordinances and with the lawful requirements of public and other authorities in any way affecting or applicable to this Agreement.
Licence Agreement means the LANDATA® Licensing Agreement for Titles and Property Certificate Information between the Licensee and the State.
Licensee means the Licensee to the Agreement.
Licensed Material means the material identified in the agreement Agreement and any update or new release of that material.
Property Enquiry Data means details obtained from various statutory bodies relating to a property in Victoria but excluding Title Search Data.
Property Transaction Alert Service means the service of providing alerts relating to property-transactions including:
for specified folios of the Register — notice of lodgement of dealing(s)
for specified unregistered plans of subdivision — notice of the lodgement of the plan or other dealing(s) affecting the plan; and
for specified registered plans of subdivision — notice of the lodgement of dealing(s) affecting the registered proprietor of any lot in the plan of subdivision.
Register has the same meaning as in section 4 of the Transfer of Land Act 1958 (Vic).
State means the Crown in right of the State of Victoria.
Title Search Data means information consisting of the details of the Register including title particulars, final search, historical search, plans and lodged instruments.
Third Party means a Customer who has entered into an agreement with the Licensee to have access to and the right to re-supply access to the LANDATA® System to Users.
User Agreement an agreement between a Third Party and a User entered into in accordance with the Licence Agreement under which the User is granted access to the LANDATA® System by the Third Party.
17.2 The Customer or User is prohibited from:
providing, on selling or distributing the Licensed Material in any format (including by way of online service) to any other party unless the Customer is also a Third Party, or the Licensed Material is provided for an Authorised Purpose;
altering the format, meaning or substance of the Licensed Material;
assembling or compiling, attempting to assemble or compile or directly or indirectly allowing or causing another person to assemble or compile or attempt to assemble or compile a database, directory or similar device which is similar in content, functionality or any other respect to the Register or Land Index;
extracting data from the Licensed Material, or directly or indirectly allowing or causing another person to extract data from the Licensed Material, using screen scraping, web scraping or any other similar data extraction techniques; and
using the information available from the Licensed Material for other than the Authorised Purposes.
17.3 The Customer or User must execute a deed in the form of Schedule 5 to the Licence Agreement before the Licensee or Third Party (as applicable) is permitted to provide the Customer or User with access to the Land Index (such Deed shall be provided by the Licensee to the Customer upon request by the Customer).
17.4 The Customer or User will not copy or reproduce any information derived from the Land Index and will take all reasonable precautions to prevent its employees, agents, or contractors from accessing or copying the information so derived, unless:
a copy or reproduction is for an Authorised Purpose;
the State has approved in writing its copying or reproduction; or
all persons to which that part of the Land Index relates have given written consent to such copying or reproduction.
17.5 The Customer or User acknowledges and agrees that:
copyright in all information from the Register is owned by the State or its licensors. No part of the Licensed Material supplied may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth), pursuant to written agreement or to the extent required for the purpose of compliance with section 32 of the Sale of Land Act 1962 (Vic);
the State does not warrant the accuracy or completeness of the Property Enquiry Data, the information in the Property Transaction Alert Service, the information in the Land Index or Crown Land Status Information or other information made available by the LANDATA® System other than Title Search Data and any person using or relying upon such information does so on the basis that the State bears no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information; and
the information from the Register is valid at the time and in the form obtained from the LANDATA® System only. The State accepts no responsibility for any subsequent release, publication or reproduction of the information from the Register. The State accepts no responsibility for information or data other than that which is part of the Register as provided for in the Transfer of Land Act 1958 (Vic).
17.6 The Customer or User acknowledges that where a Customer or User has access to Property Enquiry Data the Customer or User is responsible for the accuracy and completeness of the information submitted in each application and that if due to the inaccurate or incomplete information which the Customer or User supplies:
there is an error in the Register search statement or property certificate sent to the Customer or User: or
the wrong Register search statement or property certificate is sent to the Customer or User,the Licensee is still responsible for the payment of the fees and charges for such certificate under the Licence Agreement.
17.7 The Customer or User consent to the collection and use of the information by the State through the LANDATA® System, which information is provided by the Customer or User when using the LANDATA® System. The information may be collected, used and disclosed by the State for all purposes associated with the use and operation of LANDATA®, the LANDATA® System and all related administration and operations of the State.
17.8 The Customer or User must maintain a record of all persons who are given access to the Licensed Material throughout the term of its agreement with the Licensee or Third Party (as applicable) and for not less than 7 years from the date of termination or expiration of the agreement, except where the Customer or User is an Australian legal practitioner within the meaning of the Legal Profession Uniform Law, the Customer or User must maintain the record in accordance with the Legal Profession Uniformed Law. The Customer or User is not required to maintain records of persons who are given access to the Licensed Material where such access is limited to Licensed Material reproduced in a vendor statement received by that person (and which vendor statement was produced and disclosed in accordance with Law).
17.9 The Customer or User may only use the data stored for the purpose of the Enquiry for which it was originally made, or for an Authorised Purpose.
17.10 For the purposes of this section 17.10, the following provisions apply in respect of Authority Information obtained from the State Revenue Office of Victoria (“Vic SRO”) in relation to the provision of Services by Reseller to its Customer under this Agreement.
17.10.1 In the event the Reseller’s Customer is seeking to procure a Land Tax Clearance and / or Update Certificate from Vic SRO, the Reseller will ensure that its Customer declares and warrants that he / she is the owner, purchaser, mortgagee of land or their agent/ representative.
17.10.2 The Reseller will ensure its Customer acknowledges and agrees that:
all information contained on in the Land Tax Clearance Certificate and Update Certificate is confidential information protected by the secrecy provisions in the Land Tax Act 2005;
all personal information contained in the Land Tax Clearance Certificate is protected by the Information Privacy Act 2000;
these Acts prohibit the Reseller and its Customer from accessing, recording and/or disclosing this information except in accordance with the law; and
the information contained the Land Tax Clearance Certificate must not be disclosed to third parties unless in accordance with the law or with the consent of the owner of the land.
18.0 WA LANDGATE INFORMATION
18.1 For the purposes of this section 18, the following definitions and provisions apply in respect of Authority Information obtained from Landgate in relation to the provision of Services by Title Check to the User under this Agreement.
WA Landgate Information means the following Information obtained from Australian Land Information Authority (Landgate):
certificates of title;
check searches;
survey document; and
Transfer Land Act 1893(WA) document
18.2 The User acknowledges and agrees that all intellectual property rights in WA Landgate Information and any data derivative thereof are the property of Landgate.
18.3 The User acknowledges that Landgate may at any time modify the hours of operation of its service and during such times, WA Landgate Information may be inaccessible.
18.4 The User will not use or permit to be used the logo of Landgate or any modification thereof without the written consent of Landgate.
18.5 The User must not:
use the WA Landgate Information unless it is for its internal use;
reproduce, supply, on-sell, sub-licence, disclose or otherwise provide WA Landgate Information in any form to any other person;
alter the format, meaning or substance of any WA Landgate Information supplied;
display, distribute, sell, licence, hire, let, trade or expose WA Landgate Information for sale;
search WA Landgate Information by any restriction imposed by Landgate for reasons relating to the privacy legislation or an information suppression notice.
18.6 The User acknowledges and agrees that when it is using, dealing with and accessing the WA Landgate Information the WA Landgate Information remains the sole and absolute property of Landgate as legal and equitable owner, until all money due to Landgate has been paid by Title Check. WA Landgate Information will however, be at Title Check and User’s risk from the time of delivery to them. In relation to the WA Landgate Information the User must:
18.6.1 ensure that the WA Landgate Information is readily identifiable as Landgate’s when stored on any User’s system.
18.6.2 always act ethically in connection with the WA Landgate Information and Landgate’s business and in accordance with good corporate governance properties;
18.6.3 act in good faith at all times towards Landgate and provide assistance and co-operation as practicable, to Title Check if reasonably necessary for Title Check to comply with a request of Landgate;
18.6.4 not demean, defame or otherwise denigrate Landgate;
18.6.5 share any information with Title Check, which is likely to benefit Landgate in the marketing or use of the WA Landgate Information;
18.6.6 ensure that any notices relating to intellectual property rights appearing in or on the WA Landgate Information are not altered or removed;
18.6.7 not release the WA Landgate Information to any third party where that party intends to use the WA Landgate Information for the purpose of marketing that third parties’ goods or services;
18.6.8 if reasonably necessary for Title Check to comply with a request of Landgate, provide assistance requested by Title Check in relation to an investigation of an allegation or misuse of any WA Landgate Information, or contravention of the Privacy Act 1998 (Cth) and any State privacy legislation which may be enacted during the Term;
18.6.9 comply with any written suppression notice supplied for reasons of personal security and safety by Landgate requiring any WA Landgate Information to be deleted or amended;
18.6.10 only release publicity statements or any other form of advertisement or promotion that specifically refers to Landgate or WA Landgate Information where the User has:
obtained prior written approval (including by email) from Landgate’s authorised delegate, which approval will not be unreasonably withheld; and
notified Landgate at least 24 hours written notice prior to any such release;
advised Landgate of any media report in relation to the WA Landgate Information of which the User is aware not less than 24 hours prior to the report being published;
18.6.11 not permit commercial filming or recording in relation to WA Landgate Information, without requiring Title Check on the User’s behalf to obtain the Landgate authorised delegate’s prior written approval.
18.6.12 only acquire and or distribute any WA Landgate Information in accordance with the following security requirements:
the User must effect and maintain adequate security measures to ensure that any WA Landgate Information is not used or accessed by any third party who is not permitted under this Agreement to use or have access to the same;
the User must take all reasonable steps that a prudent operator in a similar situation would take to prevent unauthorised physical access, damage and interference to the User’s premises or facilities;
18.6.13 the User must have formal procedures in place to:
provide protection (eg firewall) against intrusion and uncontrolled access to any WA Landgate Information through the internet;
ensure any WA Landgate Information is properly secured from interference when it is being transferred across the internet.
18.6.14 immediately notify Title Check of any activity that may breach the security measures referred to in sub-section 17.6.12. The User acknowledges and agrees that Title Check may inform Landgate of this breach.
18.6.15 where there is a breach of any security measure referred to in sub-section 17.6.12, co-operate with Title Check to correct this within 14 days of notification to Title Check of such a breach.
18.6.16 do all things within their power to prevent the unauthorised use or disclosure of the Title Products and any related information;
18.6.17 ensure the WA Landgate Information is only used for lawful purposes;
18.6.18 not store any WA Landgate Information (or any part of the WA Landgate Information) except for the purposes for which it was provided by Title Check;
18.6.19 not create data or other products which are the same as or substantially similar to the WA Landgate Information, or reverse engineer or rework the WA Landgate Information or:
by any means use any outputs, whether or not from the WA Landgate Information;
by any means use any combination of data which includes the WA Landgate Information; or
permit any third party to do the same, except as permitted by Law.
18.6.20 comply with all regulations, restrictions and conditions imposed by any legislation for the use of, access to, storage of or dealing with the WA Landgate Information. This includes, but is not limited to, the requirements of the Privacy Act 1998 (Cth).
18.7 The User acknowledges and agrees:
that if it fails to correct the non-compliance specified in sub-section 17.6.14, Title Check may refuse to allow the User to accessWA Landgate Information until this security breach is corrected;
to only use any WA Landgate Information on the User’s premises and through the connection provide to it by Title Check; and
to submit to any test of the physical security of the system through which it accesses the WA Landgate Information if Landgate requires this to ensure compliance with the security requirements set out above.
19.0 LAND SERVICES SA INFORMATION
19.1 For the purposes of this section 19, the following definitions and provisions apply in respect of Authority Information obtained from Land Services SA Operating Pty Ltd as trustee for the Land Services SA Operating Trust (SA Authority) in relation to the provision of Services by Title Check to the User under this Agreement.
Data means the data incorporated in any Data Product or Search whether owned by, or licensed to, Title Check (including data licensed by the State under an agreement with Title Check).
Data Products means the: valuation details; dealing image; title for owner name; plan image; title details; title and valuation details; dealing details; property interest report and form 1; and priority notice details and any other products agreed between Title Check and SA Authority from time to time and the underlying Data incorporated into those products.
Products means the Data Products and the Searches.
Searches means register search; check search; historical search; and any other searches agreed between the parties from time to time including, where necessary, with the consent of the State
and the underlying Data incorporated into the results of those searches.
19.2 The User must not:
cause any Data in the Products to be cached or stored, or attempt to cache or store such Data, for the purpose of setting up, creating, or adding to another database (whether permanent or temporary), with the intent to create a copy of the Product for resale purposes. Caching of the Data in the Product is allowed for the sole and limited purpose of making the Data available to User only, and any caching of Data may only be made available for a period of 30 days (the Specified Storage Period) of the original search;
modify or create any derivative works based upon the Products;
license, sublicense, distribute, resell, disclose, incorporate into any database, commercially exploit or otherwise transfer any Product to any third party, or use the Products on behalf of or for the benefit of any third party;
remove, obscure or alter any copyright, trademark, logo or other proprietary notice, or falsify or delete any author attributions, legal notices or other labels appearing on or in the Products relating to or in connection with the origin or source of the Products;
incorporate any portion of the Products into any other materials, products or services;
use the information delivery system in a manner intended to avoid incurring charges or minimise the applicable charges payable;
damage, interfere or harm the Products or any network or system underlying or connected to the Products or the information delivery system; o
use, or offer to use, the Products for or in connection with any direct marketing activities, including any telemarketing campaign or telephone survey.
20.0 NORTHERN TERRITORY REGISTER OF LAND
20.1 For the purposes of this section 20, the following definitions and provisions apply in respect of Authority Information obtained from the Northern Territory in relation to the provision of Services by infotrack Pty Ltd to the User under this Agreement.
Licensor means the Northern Territory of Australia
Data means the data and/or information provided by the licensor
20.2 The User acknowledges and agrees to use the Data solely for the purpose of general conveyancing, surveying, lodgement and searching for or on behalf of clients transacting or dealing with land in the Northern Territory register of land. Use of the Data will be limited to own personal use or for use in the ordinary course of business.
20.3 The User shall not reproduce, store or distribute the Data to any person without the prior written consent of Title Check Pty Ltd.
20.4 The User must not:
use the Data for the compilation of mailing lists or for direct marketing purposes; anduse the Data to on-sell or produce materials for sale to a third party, or for general sale or distribution.
20.5 The User acknowledges that neither infotrack Pty Ltd nor Title Check Pty Ltd:
shall give any warranty as to the condition, quality or fitness of the Data for the User’s requirements and that the User is responsible for ensuring that the Data supplied meets its individual needs;
shall be liable for any loss, damage or injury suffered by the User or any third party that may arise from the use or misuse of the Data; and
use the Data for any purpose other than as set out in clause 20.2 above except as otherwise approved by Title Check Pty Ltd.
21.0 PRIVACY CONSENT
21.1 You have entered our Website and entered an address in the box provided. In this privacy consent the pronouns we, our or us also mean Title Check.
21.2 The Privacy Act 1988 (Cth) regulates the way in which personal information about you can be used by us. Certain information is required to enable us to supply you with the information requested, namely credit card details and an email address. We use the credit card details to pay for information you order. The email address is used to deliver to you the information you have paid for. It might also be used to identify and send you information about our other products or services that may be of interest to you.
21.3 PLEASE READ THIS CAREFULLY. If you do not provide us with the information we request from you, we will be unable to provide you with the information you might request from us.
Disclosure of personal information
21.4 We do not intentionally disclose personal information to anyone. We do use the suburb and state of any address you enter into our website and supply that information to third parties. You consent to us collecting the information identified above and using it for the purposes outlined in this document.
Access and correction
21.5 If you would like to know more about any personal information which we hold about you; or our personal information handling practices; or gaining access to the personal information which we hold about you; or our handling of personal information about you, please contact us by writing to our Privacy Officer at our address in this agreement or such other address as we have notified to you in writing from time to time.
21.6 We will provide you with a copy of this information for which a fee may be payable. You should let us know if you think any information we hold about you is inaccurate so that we may correct it.
22.0 Direct Debit Authorization & Disclaimer
By providing your bank account details and authorizing direct debits through our platform, you acknowledge and agree to the following terms:
Authorization: You authorize Title Check Pty Ltd to debit the nominated bank account for payments related to your use of our services in accordance with the agreed payment schedule.
Accuracy of Information: You confirm that the bank details provided are accurate, complete, and belong to you or an entity you are authorized to represent.
Payment Obligations: You acknowledge that failure to maintain sufficient funds may result in failed transactions, additional fees, or service interruptions.
Security & Privacy: Your bank details will be securely stored and processed in accordance with our Privacy Policy and relevant regulations. We do not share your banking information with third parties except as required to process payments.
Disputes & Refunds: If you believe a direct debit has been made in error, you must notify us within 7 days of the transaction. We will investigate and, if necessary, process a refund in accordance with our refund policy and applicable laws.
Failed Payments & Fees: If a direct debit fails due to insufficient funds or incorrect details, we may charge an administrative fee. Continued failed payments may result in suspension or termination of services.
Cancellation & Changes: You may cancel or update your direct debit authorization by providing 7 days’ notice in writing. Cancellation may affect your access to our services.
Liability & Indemnification: While we take all reasonable steps to ensure secure processing, Title Check is not liable for any errors, unauthorized transactions, or financial losses arising from incorrect details, third-party actions, or banking issues beyond our control. You agree to indemnify and hold Title Check harmless against any claims, losses, damages, or expenses resulting from such occurrences.
Governing Law & Jurisdiction: These terms are governed by the laws of Australia. Any disputes arising from direct debits will be subject to the exclusive jurisdiction of the courts in Western Australia.
23.0 Dial Before You Dig (BYDA)
At Title Check, we act as an intermediary between yourself and Dial Before You Dig (BYDA) to simplify the process of collating underground mapping plans for your project, and take no responsibility for any damages caused by your project. We implore you to thoroughly read through your Dial Before You Dig (BYDA) plans before commencing any work, as well as the Duty of Care contained within them. All plans are valid for 30 days from the date they were requested, and after this date, new ones will be required.
24.0 Property Monitoring by TitleCheck
24.1 Overview
24.1.1 These Additional Terms apply specifically to the Property Monitoring by TitleCheck product (“Property Monitoring”), which provides property title monitoring and alert services in addition to the standard Title Check document delivery services.
24.1.2 By purchasing or activating Property Monitoring, you agree to these additional terms, which operate alongside and in addition to Title Check’s General Terms & Conditions.
24.2 Service Description
24.2.1 Property Monitoring provides:
(a) A copy of the official title for the nominated property; and
(b) Ongoing monitoring of the property title for recorded changes for the duration of your active subscription.
24.2.2 Property Monitoring monitors only changes recorded at the relevant state or territory Title Check, including (where applicable) new or discharged mortgages, transfers of ownership, caveats, writs, priority notices, leases, and updates to proprietor details.
24.2.3 The service does not monitor events or transactions that are not recorded on the title (such as credit enquiries, planning approvals, rates or council activity, unlodged transfers, or other off-register activity).
24.3 Alerts and Timing
24.3.1 Property Monitoring sends alerts after a change has been officially recorded and published by the relevant Title Check.
24.3.2 Title Check does not guarantee “instant” or “real-time” alerts. Registry updates may appear hours or days after lodgement.
24.3.3 Alerts are issued as soon as practicable after the registry publishes the change.
24.3.4 Title Check is not responsible for any delay, omission, or failure caused by registry delays, outages, or data feed interruptions beyond its control.
24.4 Delivery of Alerts
24.4.1 Alerts are delivered primarily by email to the address you provide at checkout.
24.4.2 You must ensure your email address is current, capable of receiving messages, and that our address is whitelisted.
24.4.3 Title Check is not liable for alerts that fail to reach you due to spam filtering, incorrect details, full mailboxes, or other delivery issues.
24.4.4 If an email bounces or is rejected, Title Check may suspend alerts until a valid address is provided.
24.5 Optional SMS Alerts
24.5.1 When available, Property Monitoring may also provide optional SMS alerts to your nominated mobile number.
24.5.2 By opting in, you consent to receiving operational text messages relating to title alerts and verification notices.
24.5.3 Title Check does not charge extra for SMS alerts; however, standard carrier rates may apply.
24.5.4 SMS delivery depends on carrier networks and is not guaranteed.
24.5.5 You may opt out of SMS alerts at any time by replying STOP or contacting info@titlecheck.com.au.
24.5.6 Marketing SMS, if offered, will require separate express consent.
24.5.7 Title Check complies with the Spam Act 2003 (Cth) for all messaging activity.
24.6 Customer Responsibilities
24.6.1 You are responsible for providing accurate property and contact details. Incorrect title references or addresses may delay or prevent alerts.
24.6.2 You must review alerts promptly and take your own action (for example, obtaining legal or financial advice) if an unexpected change occurs.
24.6.3 Property Monitoring provides administrative notifications only and does not constitute legal advice or title insurance.
24.7 Limitations of Liability
24.7.1 To the fullest extent permitted by law, Title Check’s total liability in connection with Property Monitoring shall not exceed the amount paid for the applicable subscription period.
24.7.2 Title Check shall not be liable for indirect or consequential losses, including loss of opportunity or delay in detection of title changes.
24.7.3 Title Check is not responsible for any loss arising from registry errors, timing discrepancies, or customer inaction following an alert.
24.8 Subscription Term and Renewal
24.8.1 Property Monitoring is provided on a subscription basis and may be offered as a monthly or annual plan.
24.8.2 The subscription will automatically renew at the end of each billing period (monthly or annually, depending on the selected plan) unless cancelled prior to the renewal date.
24.8.3 By purchasing Property Monitoring, you authorise Title Check to automatically charge your nominated payment method for each renewal period.
24.8.4 Title Check will send a renewal reminder prior to billing; however, it is your responsibility to cancel the subscription if you do not wish to continue.
24.8.5 You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period. No refunds are provided for unused time except where required by law.
25. Privacy
25.1 Title Check handles all personal information in accordance with its Privacy Policy.
25.2 Personal data (such as name, address, email, and mobile number) are used solely to provide operational communications, including alerts.
25.3 You can request access to, correction of, or deletion of your personal data by contacting info@titlecheck.com.au.
26. Governing Law
26.1 These Additional Terms are governed by the laws of Western Australia, Australia, and any disputes shall be subject to the exclusive jurisdiction of the courts of Western Australia.
27.0 Subdivision Feasibility Report by Title Check
27.1 Overview
27.1.1 These additional terms apply to the Subdivision Feasibility Report product ("Feasibility Report") and operate alongside and in addition to Title Check's General Terms & Conditions. Where there is any inconsistency between these additional terms and the General Terms in relation to the Feasibility Report, these additional terms prevail.
27.1.2 By purchasing a Feasibility Report, you agree to these additional terms.
27.2 Nature of the product
27.2.1 The Feasibility Report is a desktop planning assessment of the subdivision potential of a nominated property, prepared from publicly available planning data, registry information and mapping data.
27.2.2 The Feasibility Report is reviewed and signed off by an experienced practising town planner (Member, Planning Institute of Australia).
27.2.3 The Feasibility Report is an indicative assessment only. It is not a survey, a planning permit or approval, a guarantee of any subdivision outcome, or legal, financial, valuation or other professional advice.
27.3 What the Feasibility Report includes
27.3.1 Subject to the property and the data available, the Feasibility Report provides an assessment of whether the property may be subdivided, an indicative lot yield (expressed as a range), the applicable zoning, overlays and planning controls, indicative costs and timeframes, and recommended next steps.
27.4 No guarantee and no reliance
27.4.1 The Feasibility Report is based on a desktop review of data available at the date of the Report and does not involve a site inspection or physical survey.
27.4.2 Any assessment of subdivision potential, lot yield, cost or timeframe is indicative only and is subject to formal survey, detailed site investigation, specialist advice, and the approval of the relevant council, planning authority or other responsible body.
27.4.3 Title Check does not represent or guarantee that any subdivision, lot yield, permit or approval will be achievable or granted.
27.4.4 A Feasibility Report which concludes that the property cannot, or is unlikely to, be subdivided is a validly completed and delivered Report.
27.4.5 You must obtain independent professional advice (including, where appropriate, from a licensed surveyor and/or a town planner) and must not rely on the Feasibility Report as the sole basis for any decision, expenditure or transaction.
27.5 Indicative lot yield
27.5.1 Any lot yield stated in the Feasibility Report is an estimate expressed as a range. The actual number of lots achievable depends on matters including detailed design, setback and siting requirements, servicing, site constraints and the decision of the responsible authority, and may differ from the estimate.
27.6 Preparation and data sources
27.6.1 The Feasibility Report is prepared using data sourced from government and registry sources and third-party mapping providers. Title Check does not create, verify or guarantee the accuracy or completeness of that source data.
27.6.2 To prepare the Feasibility Report, your personal and property information (which may include your name, the property address, the certificate of title and any plan of subdivision) is disclosed to a third-party professional planning provider engaged to produce the Report. By purchasing a Feasibility Report, you consent to this disclosure and use.
27.7 Delivery
27.7.1 The Feasibility Report is delivered electronically by email from info@titlecheck.com.au. As the Feasibility Report is prepared manually, it is delivered within 7 business days of your order, though usually within 48 hours. It is your responsibility to ensure your email address is correct and able to receive emails from info@titlecheck.com.au. The 1-Hour Guarantee does not apply to the Feasibility Report.
27.8 Refund guarantee
27.8.1 Despite clause 6 (Part A) and clause 2.1 (Part B), the following refund applies to the Feasibility Report.
27.8.2 If the completed Feasibility Report concludes that the property cannot be subdivided under the planning controls applying at the date of the Report, Title Check will refund AUD $500 of the purchase price to you.
27.8.3 The balance of the purchase price is not refundable, as the assessment has been performed and delivered. A conclusion that the property cannot be subdivided is a valid outcome of the assessment and is not a failure to deliver the Report.
27.8.4 To claim this refund, you must contact Title Check at info@titlecheck.com.au within 14 days of delivery of the Report. This refund guarantee is in addition to, and does not limit, your rights under the Australian Consumer Law.
27.9 Limitation of liability
27.9.1 To the maximum extent permitted by law, Title Check's total liability in connection with the Feasibility Report is limited to the amount paid for the Report, and Title Check is not liable for any indirect or consequential loss, or for any loss arising from reliance on the Feasibility Report.
27.9.2 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
27.10 Use of the Feasibility Report
27.10.1 The Feasibility Report is provided for your own personal or business use. You must not resell, sub-licence or distribute the Feasibility Report, or represent it to any third party as independent advice.
Contact Addresses:
Title Check Pty Ltd
Address: Suite 1133, 97-99 Bathurst St, Sydney, NSW 2000
Website: www.titlecheck.com.au
Email: info@titlecheck.com.au
ABN: 12 676 646 334
