Conditions of Use

February 2016

You agree that:
  1. access to the LIST will continue on a yearly basis hereafter without the need to reapply. However, the Crown at its discretion may terminate the LIST account or change the Terms and Conditions at any time
  2. the Crown does not accept any responsibility for the accuracy, completeness, relevance to the Account Holder’s purpose, suitability or efficiency of the LIST and the Account Holder is fully responsible for verifying the accuracy, completeness, relevance to the Account Holder’s purpose, suitability or efficiency of the LIST and to obtain any necessary professional advice about these matters
  3. the Crown does not warrant that
    1. the LIST or any data located in the LIST is free of infection by computer virus or other contamination or
    2. access to, or use of, the LIST will not suffer interruption from time to time without notice
  4. the Crown does not accept any liability however arising, including liability for negligence, for any loss resulting from any or all of the use of, or reliance upon the LIST or reliance on its availability at any time
  5. no information obtained from the LIST via any means may be used for direct marketing purposes
  6. you will use personal information from the LIST in a manner consistent with the Personal Information Protection Act 2004 (Tas)
  7. all material published on the LIST is protected so far as is allowed by the provisions of the Copyright Act 1968 (C'th)
  8. you will ensure that the Account Holder, their employees, agents and sub-contractors are aware of and comply with the LIST Conditions of Use
  9. you will ensure appropriate use of the LIST account by only providing the LIST account details to appropriate internal staff and not permit their account to be used to access the LIST by a third party by any means. The Crown does not accept any liability for charges incurred where the client has made account details available to a third party. You must immediately notify us if you know or suspect that access or authentication security information has been compromised or any other kind of unauthorised use or security breach has occurred
  10. the Account Holder accepts full responsibility for the accuracy of the data entered, presented and transmitted by the Account Holder including any data transmitted via web services
  11. for searches made through the LIST (including via web services) provision is made that in addition to material from records of the Recorder, a search can be made by street address, locality or property name (“the Additional Facility”). The Additional Facility is provided to help the Account Holder locate a folio of the Register to land or other records of the Recorder. The Account Holder agrees that the information contained in the Additional Facility is not drawn from data bases maintained by the Recorder under the Act but is drawn from other data bases maintained by the Crown. Whilst information in the Additional Facility is maintained to a good standard, the accuracy of the information contained in the Additional Facility cannot be guaranteed, and therefore is not covered by the Assurance Fund. The Account Holder accepts full responsibility for verifying that the search of the folio of the Register or other records of the Recorder identified (from the Additional Facility) relates to the land being searched
  12. the Account Holder is required to enter into an agreement with the Recorder of Titles as per section 48B of the Land Titles Act 1980 before access to TOLD is made available
  13. failure to accept or adhere to any Condition of Use terminates any permission of use of the LIST.
Account holders may apply for a Monthly Debtor account, however new requests for a Monthly Debtor account will only be approved at the discretion of the Manager, Client Services, if usage is expected to be in excess of $5000 per annum. If you have approval to receive a monthly invoice, you also agree that:
  1. the Crown will forward an invoice for fees due to be paid by the Account Holder, to the Account Holder monthly
  2. the Crown may, if the Account Holder fails to pay the fees within 30 days of the invoice being sent to the Account Holder, change the account to a Pay as You Go (Credit Card) account without consultation. If payment of any arrears has been made, the Crown may at their absolute discretion, reconnect the Monthly Debtor account entirely subject to any other terms and conditions they consider appropriate concerning payment of the fees. The Crown may also choose to convert Monthly Debtor accounts not accessed after 6 months to a PAYG login without consultation.
If you have approval to access Web Services, you also agree that:
  1. you must take all reasonable action to protect and maintain the security of all user-ids, passwords, encryption keys and other information relating to access, authentication or security relating to the LIST Web Services
  2. you must provide all equipment and facilities you may need to access and use LIST Web Services in the method it is provided to you
  3. the Crown may alter or, where there is reasonable cause, suspend the LIST Web Services at any time
  4. you are responsible for maintaining the currency, integrity and security of the LIST Web Services you store and use.
If you are a broker using the LIST to supply data via Web Services to a third party, you also agree that:
  1. you will ensure appropriate use of the LIST web services account by only providing the LIST web services account details to appropriate internal staff and not permit their web services account to be used to access the LIST by a third party by any means. The Crown does not accept any liability for charges incurred where the client has made web services account details available to a third party
  2. the Account Holder must ensure that their end users are aware of and accept the LIST Conditions of Use.
If you have approval to access the LIST without charge, you also agree that:
  1. you will use your LIST account for the sole purpose and duration of performing the duties stated in your application. The account is not to be used for any other purposes.

For more information, contact the LIST Helpdesk:
Email: listhelp@dpipwe.tas.gov.au
Phone: 6165 4444
Mail Address: GPO Box 44, HOBART TAS 7001
Web: www.thelist.tas.gov.au