
TERMS & CONDITIONS
These Terms and Conditions govern your use of the Title Now website and any order you place through it.
Title Now is operated by I Know Property Pty Ltd (ABN 48 615 658 323) ("Title Now", "we", "us" or "our").
By using the website, submitting an order or selecting the acceptance checkbox at checkout, you agree to these Terms and Conditions. If you do not agree, you must not place an order.
1. About Title Now
Title Now provides an independent online ordering service for Australian land title searches, property plans and related property records.
We act as an ordering intermediary and reseller where applicable. We are not a government department, land registry, council, legal practice, conveyancing practice or surveying firm. Unless expressly stated, references to a registry, government agency, portal or information provider do not imply that it endorses Title Now.
Orders may be fulfilled through third-party property-information providers and registry-access providers with access to the relevant state or territory registry systems. Title Now remains responsible for accepting and submitting your order correctly, delivering documents received for your order, providing customer support and addressing errors caused by us, subject to these Terms and applicable law.
2. Services and product scope
Depending on the property location and products available in that jurisdiction, you may be able to order:
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current title searches;
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copies of title or register searches;
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survey, deposited, subdivision or property plans;
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historical title records;
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title and plan bundles; and
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other property records displayed on the website.
Product names, contents and availability vary between states and territories. The product description and order summary shown at checkout form part of these Terms for that order.
A single street address may relate to more than one title, lot, parcel, unit, lease, plan, parent or subsidiary title, or common-property interest. Unless the product description expressly states otherwise, the displayed price applies only to the particular product and property interest selected at checkout. If an additional search or fee is required, we will seek your approval before charging it.
A supplied document reflects information made available by the relevant registry or information provider when the search is processed. It may not reveal later dealings, pending transactions, unregistered interests or changes not yet recorded.
3. Placing an order
You may place an order without creating an account. When ordering, you must:
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provide accurate property, contact and payment information;
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select the correct property, parcel, title and product;
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check the address, lot and plan, title reference, volume and folio, or other identifying information displayed;
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provide a valid and accessible email address;
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ensure that you are legally permitted to obtain and use the requested information; and
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review the order summary before payment.
You are responsible for deciding whether the selected document is suitable for your intended purpose.
After you submit an order, we may send an automated acknowledgement confirming receipt. An acknowledgement does not necessarily mean the order has been accepted. We accept an order when we begin processing it or send an express acceptance or fulfilment confirmation, whichever occurs first. We may decline or cancel an order before acceptance in accordance with these Terms.
We may request information reasonably necessary to identify the requested property, verify an order, satisfy registry or supplier requirements, or prevent fraud. We do not require proof of ownership unless required by law, a registry, a supplier, or the circumstances of the order. If requested information is not provided within a reasonable time, we may cancel the order and refund any amount not already committed to third-party charges.
We may decline, pause or cancel an order if:
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information is incomplete, inconsistent or appears incorrect;
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the requested property or record cannot be identified;
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the product is unavailable;
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we reasonably suspect unlawful, fraudulent or unauthorised activity;
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processing may breach a law, registry condition or supplier requirement;
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payment is declined, reversed or disputed; or
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an obvious technical, system or pricing error has occurred.
Where we cancel an order for reasons not caused by you, we will refund amounts paid for services not supplied. We may retain only an amount properly incurred for a service already supplied, or an amount we are otherwise permitted by law to retain. If cancellation results from fraudulent or unlawful conduct by the customer, we may also deduct reasonable third-party charges already incurred because of that conduct, to the extent permitted by law. This does not limit any rights under the Australian Consumer Law.
4. Immediate processing
By placing an order, you request and authorise us to begin processing immediately after payment. There is no voluntary change-of-mind cooling-off period once processing has started, subject always to any right that cannot lawfully be excluded.
Processing starts when we or a third-party provider first commences the search, submits the request to a registry or provider, incurs a registry or provider charge, or performs manual work specifically for the order.
Our systems may begin processing within a very short time. You acknowledge that there may be little or no opportunity to amend or cancel an order after payment.
5. Prices, GST and payment
The total amount payable is displayed before you confirm the order. Unless clearly stated otherwise:
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all prices are in Australian dollars;
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prices include GST where GST is applicable;
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payment is required in full when the order is placed; and
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there are no account or subscription fees.
Payments are processed by third-party payment providers using the methods displayed at checkout. We do not generally receive or store complete payment-card details.
A payment provider may place a temporary authorisation on your account. If payment is declined, reversed, charged back or reasonably suspected to be fraudulent, we may pause or cancel the order. Any payment surcharge will be disclosed before payment and will not exceed the amount permitted by law.
We may change prices for future orders. A price change will not affect an order already accepted and paid for. If an obvious technical or administrative error causes a materially incorrect price to be displayed, we may contact you to confirm the correct price or cancel the affected order and refund the amount paid.
We will provide an electronic receipt. If GST applies and a tax invoice is required by law, the receipt will include the required tax-invoice information or a compliant tax invoice will be available on request.
6. Electronic delivery and redelivery
Documents are delivered electronically to the email address supplied with the order, either as an attachment or through a download link. No physical document will be posted unless expressly stated.
Delivery times vary according to the product, jurisdiction, registry and supplier availability, accuracy of the property information, manual-review requirements, maintenance and technical interruptions. Any turnaround time displayed is an estimate unless expressly described as guaranteed.
You are responsible for:
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providing a correct and accessible email address;
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checking inbox, spam and junk folders;
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ensuring the mailbox can receive attachments or links; and
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downloading and securely storing documents supplied.
If delivery fails because of an incorrect email address, mailbox restriction, expired link or issue outside our control, contact us promptly at info@titlenow.com.au. Where reasonably possible, we will resend the document or issue a replacement link without charge. We may first ask for information needed to verify the order or recipient.
An order may be treated as delivered where the document was successfully generated and sent to the valid email address supplied by you but was not downloaded or was diverted to a spam or junk folder. This does not apply where the email was returned, rejected or otherwise failed to reach the nominated address. If that occurs, we will take reasonable steps to redeliver the document after you contact us and confirm a valid delivery address.
Download links may expire after the period stated in the order email. If a link expires, contact us promptly and we will provide a replacement link where reasonably possible. If an order has not arrived within the expected timeframe, contact us before placing a duplicate order. Nothing in this clause limits your rights if we failed to supply the service as agreed.
7. Cancellations, corrections and refunds
7.1 Change of mind
Subject to the Australian Consumer Law and any other non-excludable right, we do not provide a change-of-mind refund merely because you no longer need the document, find another price, fail to use or download it, or misunderstand a product whose description was clearly provided before purchase.
If you ask to cancel before processing starts, we may cancel and refund the order. Once processing starts, the order generally cannot be cancelled and a change-of-mind refund will generally not be available because work has commenced or third-party charges may have been incurred.
If another provision of these Terms addresses a particular cancellation, correction or refund situation, that specific provision applies, subject to the Australian Consumer Law and any other applicable law.
7.2 Incorrect information or selection by the customer
We are not required to provide a change-of-mind refund or free replacement where the document supplied matches the property or product selected by you, even if you selected the wrong property, parcel, lot, title, plan or product; provided an incorrect identifier or email address; or placed a duplicate order.
Contact us promptly at info@titlenow.com.au. We will take reasonable steps to correct the order before further costs are incurred where this is possible. A correction may require payment of additional registry or supplier fees. This clause does not apply where the error was caused by Title Now or where a remedy is required by law.
7.3 Incorrect document or error by Title Now
If we supply a document for a different property or product because of our error, we will, after confirming the issue, reprocess and supply the correct document at no additional charge, refund the affected product, or provide another remedy required by law.
7.4 Unavailable records and partial supply
If we cannot identify or supply a requested record, we may seek further information, offer an appropriate alternative with your agreement, refund the unsupplied part of a bundle, or provide a full refund where the ordered service cannot be supplied.
Where a bundle contains products that are also separately priced, a partial refund will generally reflect the displayed price of the unsupplied product, adjusted where necessary to account fairly for any bundle discount. Where a bundle is sold only as a combined product, the refund will be a reasonable proportion of the price paid, having regard to the products supplied and those not supplied.
A registry-generated "no result", "no dealing found" or similar response may constitute completion if the correct product and property were searched. This does not limit your rights if the service was not supplied as described or did not comply with a consumer guarantee.
7.5 Refund method
Approved refunds will be returned to the original payment method where reasonably possible. Bank and payment-provider processing times are outside our control.
To request a correction, cancellation or refund, email info@titlenow.com.au and provide your name, order number, property address, purchase date and a description of the issue.
8. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded or limited.
Depending on the circumstances and seriousness of a failure, you may be entitled to have the service supplied again, receive the correct or replacement document, cancel the affected service, obtain a refund, or receive compensation for reasonably foreseeable loss.
The change-of-mind limitations in clause 7 do not apply where a remedy is required by the Australian Consumer Law or another applicable law.
9. Nature and limitations of property records
Documents are obtained from third-party information providers and registry systems. We do not independently create, alter, survey, certify or verify the underlying registry information. We rely on the information supplied by you and made available by registries and providers.
A title search or property plan does not necessarily provide information about:
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planning or development approvals, zoning or overlays;
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council rates, land tax, building approvals or compliance;
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flood, bushfire, contamination or environmental risks;
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unregistered interests or unlodged dealings;
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the surveyed or physical location of boundaries;
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encroachments, discrepancies or physical property condition;
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market value or ownership disputes; or
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every matter relevant to buying, selling, building on or developing land.
Additional searches, certificates, professional advice or a licensed survey may be required.
10. General website information and no professional advice
Website content, guides, examples, calculators and explanatory material are general information only. They may not reflect the latest law, registry requirements, fees, products or circumstances of a particular property.
Title Now does not provide legal, conveyancing, financial, planning, engineering or surveying advice. Ordering a document does not create a professional advisory relationship. You should verify important information with the relevant registry and obtain advice from an appropriately qualified professional before relying on a document for a significant property decision, transaction, construction project, development or dispute.
11. Registry conditions and permitted use
Registry documents and information may be subject to conditions imposed by the relevant registry, information provider, data custodian or copyright owner. Those conditions may appear on a document, in an order confirmation or on a provider website. You must comply with them. If these Terms conflict with a mandatory condition applying to use of registry material, that condition prevails to the extent of the conflict.
You may use a supplied document for a lawful personal or business purpose permitted by the applicable conditions. Unless expressly permitted by the relevant rights holder, you must not:
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resell, republish, redistribute or commercially exploit a document or registry dataset;
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use registry information for bulk marketing, list building, data scraping or a competing information product;
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use a document or information from it to compile a database, mailing list, property-owner list or other data product, except where expressly permitted by the applicable registry or information provider;
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alter a document in a way that misrepresents its source or contents; or
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remove a copyright, source, licence or registry notice.
Personal information appearing in a document must not be used for direct marketing, unsolicited contact, harassment, discrimination, unlawful profiling, identity fraud, data enrichment or any other unlawful purpose. You must handle and disclose it in accordance with applicable privacy, spam and other laws.
12. Acceptable website use
You must not:
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use the website or documents for an unlawful, fraudulent or misleading purpose;
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interfere with the website's security, integrity or operation;
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introduce malicious code or attempt unauthorised access;
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conduct unauthorised vulnerability testing;
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scrape, crawl, copy or extract website content or data using an automated system;
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use bots or automated purchasing tools in a way that overloads or disrupts the service;
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impersonate another person or submit false information;
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misuse contact forms, reviews or support channels; or
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infringe intellectual property, privacy or other legal rights.
We may suspend or block access reasonably necessary to protect customers, systems, suppliers or legal rights. Any cancellation of an affected paid order will be handled under clauses 3, 7 and 8.
13. Website availability, provider interruptions and events outside our control
We take reasonable steps to keep the website and ordering service available, but do not guarantee uninterrupted, secure or error-free access. Maintenance, registry outages, supplier failures, payment-provider issues, cyber incidents, natural disasters, government action and other events outside our reasonable control may delay or prevent supply.
If such an event occurs, we may pause processing and will take reasonable steps to notify affected customers where practicable, resume supply when possible, provide an agreed alternative, or refund an order that cannot be supplied. Your statutory rights remain unaffected.
14. Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability under the Australian Consumer Law.
To the extent permitted by law, we are not responsible for loss caused by:
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inaccurate or incomplete information supplied by you;
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your selection of the wrong property or product;
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use of a document outside its stated scope or contrary to registry conditions;
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underlying registry or provider information that is inaccurate, incomplete or not current;
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your failure to obtain appropriate professional advice;
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interruption or delay outside our reasonable control; or
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unauthorised alteration, disclosure or use of a document after delivery.
Where the law permits us to limit a remedy for a failure, the limitation will apply only to the extent that it is fair, reasonable and legally effective in the circumstances. We do not seek to limit liability for fraud, wilful misconduct or any obligation that cannot lawfully be excluded or limited.
15. Intellectual property
The Title Now name, branding, website design, original written content, graphics, software and other original website materials are owned by or licensed to I Know Property Pty Ltd.
Registry documents and third-party materials remain subject to the ownership, copyright and licensing conditions of their respective owners. You may not reproduce or commercially exploit our website content without prior written permission, except as allowed by law.
16. Privacy, cookies and marketing
We collect and handle personal information in accordance with the Privacy Policy available on the website. By placing an order, you authorise us to provide information reasonably required to payment processors, property-information providers, registries, hosting and technology providers, and delivery services for the purpose of processing, protecting and fulfilling the order.
The website may use essential cookies and, as described in the Privacy Policy and any cookie notice, analytics or advertising technologies. Available cookie controls may be used to manage non-essential technologies.
Order confirmations, receipts, service updates, security messages and delivery emails are transactional communications. We will send marketing communications only where we have a lawful basis and any consent required by law. Marketing consent is optional and is not a condition of purchase. Marketing messages will identify the sender and provide a functional unsubscribe method.
17. Complaints
To make a complaint, email info@titlenow.com.au. Include your name, order number, contact details and a clear description of the issue and preferred outcome.
We aim to acknowledge a complaint within two business days and to provide a substantive response within a reasonable period, having regard to its complexity. If you are dissatisfied, you may ask for the complaint to be escalated for internal review. Where appropriate, we may provide information about relevant external complaint or dispute-resolution bodies. Nothing in this clause prevents you from contacting a consumer-protection agency, privacy regulator, tribunal or court where entitled.
18. Electronic communications and notices
You consent to receiving order acknowledgements, receipts, notices and documents electronically at the email address you provide. You are responsible for ensuring that the address is current and able to receive our messages. You must tell us promptly if your contact details change. Nothing in this clause limits any rule about electronic communications or delivery that applies by law.
19. Links to other websites
The website may contain links to third-party websites for convenience. We do not control and are not responsible for their content, availability, privacy practices or services. A link does not by itself indicate endorsement.
20. Changes to these Terms
We may update these Terms from time to time. The version applying to an order is the version presented or linked at checkout when the order is placed. Updated terms apply only to future website use and future orders from their stated effective date, unless a change is required by law and lawfully applies otherwise.
21. General provisions
These Terms, the order details, the applicable product description and any mandatory registry conditions govern an order. Our Privacy Policy explains how we collect, use, disclose and protect personal information and applies to our handling of personal information. If there is an inconsistency, the order details and product description prevail for the commercial particulars of that order, and mandatory law prevails in all cases.
A failure or delay in enforcing a right does not waive that right. If a provision is invalid or unenforceable, it will be read down or removed to the minimum extent necessary and the remainder will continue.
You may not assign your rights or obligations under an order without our consent, which will not be unreasonably withheld. We may assign or transfer our rights and obligations as part of a genuine sale, restructure or transfer of the business, provided this does not reduce your statutory rights.
Nothing in these Terms creates an employment, agency, partnership, fiduciary or joint-venture relationship between you and us.
Clauses concerning payment, permitted use, intellectual property, privacy, liability, complaints and any accrued rights continue after completion or termination to the extent necessary to give them effect.
Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation".
22. Governing law
These Terms are governed by the laws of Queensland, Australia. You and Title Now submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland and courts entitled to hear appeals from them. This does not prevent a consumer from exercising a right to bring a claim in another jurisdiction under applicable law.
23. Contact us
For questions, order assistance, corrections, refund requests or complaints, email info@titlenow.com.au or use the contact form at www.titlenow.com.au.
Title Now
Operated by I Know Property Pty Ltd
ABN 48 615 658 323
Email: info@titlenow.com.au
Website: www.titlenow.com.au
Queensland, Australia