Terms and Conditions of Access and Use (Agreement)
1. In this Agreement, the following terms have the meanings as specified below:
Approved Purpose means access to and use of the Portal solely for legal, authorised and proper purposes and does not entitle you to make available or provide the access to the Portal to any third party;
AWS means Amazon Web Services;
Confidential Information means information that:
(a) is by its nature confidential and in relation to a party, includes all trade secrets, ideas, know-how, concepts and information whether in writing or otherwise relating in any way to that party, its agents and employees, its affairs or businesses, and including any such information in the party's power, possession or control concerning or belonging to any third party;
(b) is designated in writing by Landgate as confidential;
(c) you know or reasonably ought to know is confidential and includes:
(i) information comprised in or relating to any Intellectual Property Rights of Landgate the State of Western Australia or IDS;
(ii) Landgate information to which you have access other than information referred to in paragraph (i) that has actual or potential commercial value to Landgate or IDS;
(iii) information relating to internal management, computing operations, personnel, policies, strategies, practices and procedures of Landgate, the Government of the State of Western Australia, the Western Australian Public Sector or IDS;
(iv) information in your possession relating to Landgate’s customers, clients or suppliers; and
(v) any information shared between the parties pursuant to this Agreement, including the terms of this Agreement.
Data means all data, information and Personal Information in whatever form that information or data may exist and whether entered into, stored in, generated by or processed through software or equipment;
IDS means IDS Gov Services Pty Ltd ABN 47 629 959 333 and its related bodies corporate as defined in the Corporations Act 2001 (Cwth);
Intellectual Property Rights means all rights in and to any copyright, trademark, business or trading name, domain name, design, patent, know-how and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights;
Landgate means the Western Australian Land Information Authority;
Portal means means the web portal referred to in clause 2 of this Agreement;
Privacy Legislation means any applicable privacy legislation including the Privacy Act 1988 (Cth), the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) and any State privacy legislation which may be enacted;
System means the Western Australia State Based Rating and Taxing Valuation System operated by the Landgate under a subscription licence from IDS; and
System Use Policy relates to your access and use of the Portal outlined below; accessible;
Use Documents include all conditions, statements and policies including acceptable use policies and security policies;
You refers to the user of the Portal.
2. This Portal forms part of the System.
3. Your access to and use of the Portal is conditional on your acceptance of and compliance with this Agreement. By accessing and using the Portal, you agree to be bound by the terms and conditions of this Agreement.
4. When you create an account with Landgate to access and use the Portal, you must provide us with information that is accurate, complete and current at all times.
5. You may only use the Portal for the Approved Purposes.
6. You only acquire the right to access and use the Portal in accordance with this Agreement and you do not acquire any rights of ownership in the Portal.
7. You will at no time own Intellectual Property Rights over or in respect of the Portal, the Data or the system in which the Portal operates.
8. Landgate retains the right to license and provide access to the Portal to any other person on such terms and conditions as Landgate deems fit.
9. You must promptly report to Landgate any known or suspected infringement of Landgate’s or IDS’ Intellectual Property Rights over or in respect of the Portal.
10. You acknowledge that the Portal is underpinned by third party software provided by AWS and that it may be improved or amended from time to time. Landgate, IDS and any third party software provider of the Portal is not liable for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that you, your employees, agents, contractors, consultants or its customers may incur as a result of any downtime or maintenance of the Portal.
11. You acknowledge and agree that:
(a) your use of the Portal is at your own risk;
(b) you are fully responsible for obtaining, and for the consequence of using any hardware, computer program, your system or any other thing necessary to access the Portal and make use of the Portal; and
(c) you have exercised your independent judgment in using the Portal and have not relied on any representation made by Landgate or IDS that is not expressly stated in this Agreement or on any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Landgate or IDS.
12. Neither Landgate nor IDS represent or warrant that:
(a) access to the Portal will be uninterrupted;
(b) the continued access to the Portal which may be dependent on the consent and co-operation of third parties;
(c) the Portal will be capable of being accessed on any equipment or your system; or
(d) the Portal, Landgate’s website or online services or the Data contained on them is error or virus-free. Neither Landgate nor IDS accept any liability to you or anyone else if interference or damage to your computer or system occurs in connection with your use of the Portal, Landgate’s website, online services or linked websites.
13. This Portal website may contain links to other third party websites. Those links are provided for convenience only and may not remain current or be maintained. Providing a link to a third party website does not constitute any endorsement or approval of the website, its owners or operators, or any information, products or services offered by them.
14. Your use of any link to a third party website is entirely at your own risk and you must make your own assessment as to its relevance, accuracy and reliability. Landgate recommends you read and consider any linked website's privacy, disclaimer and terms and conditions.
15. You must:
(a) comply with the System Use Policy;
(b) comply with all policies, rules or terms of AWS located at https://aws.amazon.com;
(c) comply with all Use Documents provided to you or that are reasonably accessible by you which may be reasonably considered relevant to the use of the Portal. Use Documents are reasonably accessible if they could be attained from Landgate, IDS or via the internet;
(d) at your own cost, comply with all regulations, restrictions and conditions imposed by any legislation with respect to the use of, access to, or dealing with the including Privacy Legislation;
(e) not permit any other person to access, use or license, the Portal unless expressly authorised in writing by Landgate or in accordance with this Agreement;
(f) not do anything which may cause Landgate or IDS to breach any policies, rules or terms of AWS available at https://aws.amazon.com;
(g) use your best endeavours to ensure that none of your employees, agents, contractors, or consultants cause you to breach this Agreement or Landgate to breach its agreement with IDS;
(h) comply with all State and Commonwealth laws relevant to this Agreement;
(i) provide all reasonable assistance in any action taken or proposed to be taken by Landgate in enforcing its rights under this Agreement or in respect of its Intellectual Property Rights;
(j) act ethically and in good faith at all times towards Landgate and IDS;
(k) notify Landgate in writing within 14 days:
(i) of any information that is or might be relevant to determining whether an actual, potential or perceived conflict of interest exists or might exist in relation to this Agreement or the performance of this Agreement by you;
(ii) of and provide all information in its possession or under your control in respect of any known or suspected infringement of Landgate’s or IDS’ Intellectual Property Rights or any breach of this Agreement, including if caused by your employee, agent, contractor or consultant; and
(iii) of any actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, charges and expenses which may be brought, claimed or threatened against you or Landgate in respect of or relating to this Agreement, the Portal.
16. Landgate, or any person authorised by Landgate, may:
(a) at any time monitor your use of the Portal without notice to you; and
(b) require you to provide reasonable information or assistance within 7 days from the date of any notice given to you by Landgate to determine your compliance with this Agreement.
17. You must:
(a) effect and maintain appropriate levels of security (for example, firewall, anti-virus and anti-malware) and take all reasonable steps that a prudent person in a similar situation would take to prevent misuse, unauthorised access, unauthorised alterations, unauthorised downloading, damage and interference to the Portal, the Data and your system;
(b) undertake sufficient maintenance of its computers and your system including any necessary improvements, to ensure that its level of services and security is compliant with this Agreement;
(c) ensure that your employees, agents, contractors, and consultants are made aware of and agree to comply with the security obligations contained in this Agreement, before providing them with access to the Portal;
(d) ensure that access to the Portal is only provided to current and authorised employees, agents, contractors or consultants on a “need to use” basis and that all access rights and logons to the Portal are immediately revoked when an employee, agents contractors or consultant ceases to be employed or engaged by you;
(e) manage access to any Data by granting, revoking and routinely auditing access accounts;
(f) immediately notify Landgate of any activity that may or does breach the security measures set out in this Agreement; and
(g) permit Landgate and IDS, at Landgate’s request, to periodically test security of your system to ensure compliance with this clause to Landgate’s reasonable satisfaction.
18. In respect of Data uploaded to or available on the Portal, you agree to:
(a) comply with the requirements of any Privacy Legislation particularly in relation to its handling of personal information, as defined in the Privacy Act 1988 (Cth), including the collection, use, disclosure and security of such information, and any notifiable data breaches (as defined in the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth)), whether or not you are required by law to comply with the Privacy Legislation;
(b) comply with any reasonable direction relating to privacy and data breaches given by Landgate, including Landgate’s own privacy policies and procedures; and
(c) not do anything which if done by Landgate would be a breach of the Privacy Legislation.
19. Landgate will not be responsible for any actions, claims, cost, proceedings, suits or demands whatsoever arising out of any breach of the Privacy Legislation by the you, your employees, agents, contractors, or consultants or any other person in relation to the access and use of the Portal obtained under this Agreement.
20. You must notify Landgate as soon as it becomes aware of any privacy or data breach or any incident that may give rise to a notifiable data breach or cause serious harm to an individual and, where appropriate, provide details of any action undertaken or to be undertaken to remedy the breach or incident.
21. You will provide any assistance requested by Landgate in relation to an investigation of an allegation of misuse of the Portal or contravention of the Privacy Legislation including promptly conducting an investigation as requested by Landgate and providing a report of the outcome of the investigation to Landgate.
22. Clauses 17, 18, 19, 20, and 21 will survive any period of access and use of the Portal by you.
23. You must not disclose Confidential Information except as permitted by this Agreement.
24. You must not use or make available in any form to any third party the Landgate’s Confidential Information, unless in accordance with this Agreement.
25. You must hold the Landgate’s Confidential Information secure and in confidence, except for such Confidential Information which the disclosing Party can demonstrate:
(a) is required to be disclosed according to the requirements of any law, stock exchange, judicial body, government agency or any other regulatory body;
(b) is or has generally become available to the public without breach of this Agreement;
(c) was approved for release in writing by Landgate or IDS, but only to the extent of and subject to such conditions as may be imposed in such written authorisation;
(d) is required to be disclosed to a Western Australian government Minister, the Western Australian Parliament or any committee or sub-committee of the Western Australian Parliament; and
(e) was in your possession prior to disclosure to it by Landgate.
26. Clauses 23, 24 and 25 will survive any period of access and use of the Portal by you.
27. To the fullest extent permitted by law and this Agreement, neither Landgate nor IDS will be subject to any liability (contractual, tortious (including negligence) or otherwise) to you or anyone else for any loss or damage (including consequential loss or damage), however caused which may be directly or indirectly suffered in connection with this Agreement including from the access to, the use of, reliance on, or any error with the Portal or any Data stored on the Portal.
28. Clause 24 survives the period of access and use of the Portal by you.
29. To the fullest extent permitted by law and this Agreement, you irrevocably release Landgate and IDS from any claim that you may have against Landgate or IDS in connection with this Agreement, except to the extent such loss is caused by Landgate’s or IDS’ negligence, fraud, unlawful act or omission, or breach of this Agreement.
30. To the fullest extent permitted by law and this Agreement, you indemnify and keep indemnified, hold harmless and defend Landgate and IDS in respect of all claims, demands, actions, suits and damages for loss, damage or injury, including indirect or consequential loss and any legal costs, charges and expenses, arising from:
(a) your or any third party’s use or reliance on the Portal and the information derived from it, to whom you have provided access, either deliberately or inadvertently, whether or not any such reliance is notified to Landgate or IDS;
(b) any unlawful, negligent (act or omission), tort or wilful misconduct by you or your employees, agents, contractors or consultants arising in relation to this Agreement;
(c) any breach of this Agreement by you or your employees, agents, contractors or consultants;
(d) any breach of Landgate’s or IDS’ Intellectual Property Rights or Privacy Legislation by you or your employees, agents, contractors or consultants or any third party to whom you have provided access, either deliberately or inadvertently, to the Portal;
(e) your access or use of the Portal with computer programs or data not provided by Landgate or IDS; and
(f) any unauthorised use of the System; except to the extent such loss is caused by Landgate’s negligence, fraud, unlawful act or omission, or breach of this Agreement.
31. Clauses 29 and 30 will survive any period of access and use of the Portal by you.
32. Landgate reserves the right to make changes to the terms of and conditions contained in this Agreement. Your continued use of the Portal following any changes will be deemed to be your acceptance of those changes.
33. This Agreement is governed by and construed in accordance with the laws of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia.
34. Landgate reserves the right to terminate or suspend your access to the Portal at any time and may review, reject or remove any material uploaded, transmitted or made available on the Portal that it suspects violates the terms of this Agreement.
35. By proceeding, or continuing, to access, or use, the Portal you represent that you are authorised to access and use the Portal and agree:
(a) to the terms of this Agreement;
(b) that you will only use the Portal for the Approved Purpose;
(c) that you will use the Portal in accordance the terms of this Agreement; and
(d) that you consent to your use of the Portal and Data or information on the Portal being monitored, recorded, copied, audited, inspected, retained and disclosed as detailed in in this Agreement.
System Use Policy
1. This System Use Policy relates to your access and use of the Western Australia State Based Rating and Taxing Valuation System operated by the Landgate under a subscription licence from IDS
In this policy:
a. ‘Landgate’ refers to the Western Australian Land Information Authority;
b. ‘IDS’ refers to IDS Gov Services Pty Ltd and its related bodies corporate (as ‘related bodies corporate’ is defined in the Corporations Act 2001);
c. ‘You’ refers to the user of the Portal; and
d. ‘We’ refers to Landgate and IDS jointly or severally.
2. We may amend this policy at any time by posting the updated policy on this site. The version of the policy on this site at the time you access, or use, the System is the policy that applies to your access, or use, of the System at that time.
3. You must ensure that you keep any authentication or login credentials relevant to the System, including keys, user names, IDs, passcodes and passwords, secure and private. Any use of the System using specific authentication or login credentials will be assumed to be use by the owner of those login credentials.
4. You must not use, or assist or allow others to use, the System:
(a) in breach of any law or regulation or for any fraudulent activity;
(b) to impersonate any person or entity;
(c) to violate another’s rights;
(d) to solicit money, passwords or personal information;
(e) to undertake any activity reasonably considered threatening, harmful, abusive or offensive to others, or to promote such activity;
(f) to violate the integrity, security or availability of any user, network, system, software, application or device;
(g) in a manner that interferes with, disrupts or creates an undue burden on the System;
(h) utilising any robot, spider or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the System;
(i) utilising any automated scripting tool or software;
(j) to frame or mirror any part of the System without prior written authorisation;
(k) to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the System, except to the extent permitted by law or contract;
(l) to transmit “junk mail”, “chain letters”, “spimming”, “spamming”, promotions, advertising or other solicitations;
(m) to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:
(i) violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property rights or other rights of another;
(ii) contains, promotes or provides information about unlawful activities or conduct;
(iii) is, or could reasonably be expected to be considered, defamatory, offensive, threatening, abusive, pornographic, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult, or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iv) exploits another person in any manner;
(v) contains nudity, violence or sexual acts or references;
(vi) includes an image or personal information of another person or persons (unless you have their consent or a legal right to do so);
(vii) poses or creates a privacy or security risk to any person or entity;
(viii) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(ix) contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
(x) contains financial, legal, medical or other professional advice.
Policy Last Updated: June 2025