Property Value Terms and Conditions

  1. BACKGROUND
    1. This Website is operated by RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171) ("CoreLogic", "our", "us" or "we") and includes all web pages under or forming part of the domain name www.propertyvalue.com.au (Website).
    2. If you are a natural person, then this Agreement constitutes a legally binding agreement between you and us and govern your use of our Website.
    3. If the user of our Website uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our Website that the user warrants that he or she has authority to accept this Agreement on behalf of that body corporate, and this Agreement specify the terms of a legally binding agreement between that body corporate (and "you" in this Agreement means that body corporate) and us.
  2. DURATION
    1. Subject to clause 2.2, this Agreement will commence on the earlier of when You:

      (a) first access the Website;

      (b) access or use any Property Value Services; or

      (c) sign-up for a Property Value Account,

      (Effective Date),

      and will continue until you stop using the Website or Property Value Services or the expiry of the Subscription Product, whichever is later.

    2. A Subscription Product will commence on the date You first sign-up for the Subscription Product and will continue for the Subscription Term.
    3. By using this Website, including by accessing or using any Property Value Services, or by signing up for a Property Value Account, you agree to be bound by an agreement created between You and Us under this Agreement. If you do not agree to this Agreement, please do not use this Website, the Property Value Services or any information derived as a result of the use of this Website.
  3. LICENSE AND RESTRICTIONS
    1. CoreLogic hereby grants to You a non-exclusive, non-transferable, non-sublicensable limited license to access and use the Property Value Services in the Territory, solely for the Permitted Purpose.
    2. You agree to use the Property Value Services and Product Data for the limited purposes of obtaining information relating to the real property market for personal non-commercial use (Permitted Purpose).
    3. You acknowledge and agree You are not a business acting as a reseller of the Product Data.
    4. Except as expressly permitted under this Agreement, or to the extent permitted by Law, You (including through Your employees and representatives) must not encourage, aide, abet or incite any third party or entity to:

      (a) use the Property Value Services or Product Data for any purpose other than the Permitted Purpose;

      (b) decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods or processes embodied in or used, in connection with the CoreLogic Services, Platforms, underlying infrastructure or other software;

      (c) use any robot, spider, screen scraper, data aggregation tool or any other or use any process or processes that send automated queries to data mine, scrape, crawl, email harvest, aggregate, copy or extract any processes, information, content, data or Product Data accessible through the CoreLogic Services

      (d) use, reproduce, copy, publish, distribute, disclose or otherwise publicly communicate the CoreLogic Services in any way other than in accordance with this Agreement;

      (e) modify, alter, adapt or incorporate any part of the CoreLogic Services into any other material, product, service or database or create any derivative works based upon the CoreLogic Services other than in accordance with this Agreement;

      (f) resell, distribute, market, lease, assign, sublicense, transfer or otherwise commercially exploit for profit or gain any part of the CoreLogic Services other than in accordance with this Agreement;

      (g) use the CoreLogic Services on behalf of or for the benefit of any third party other than in accordance with this Agreement;

      (h) modify, adapt, alter, or interfere with the proper working of, the CoreLogic Services, Platforms or any software used in connection with the former, or attempt the same;

      (i) remove or alter any registered or unregistered trademark, logo, copyright notice or other proprietary notice appearing on or in the CoreLogic Services;

      (j) use, or offer to use, any part of the CoreLogic Services for or in connection with any Direct Marketing purposes; or

      (k) use, or offer to use, any of the CoreLogic Services in any way that would:

      (i) encroach upon or interfere with the privacy of an individual;

      (ii) result in a breach of the Privacy Act or clause 20;

      (iii) result in a breach of any Law;

      (iv) infringe upon any person's rights including, without limitation, Intellectual Property Rights and Moral Rights; or

      (v) constitute a misuse of any person's Confidential Information.

  4. INTELLECTUAL PROPERTY
    1. You acknowledge and agree that, as between CoreLogic and You:

      (a) CoreLogic is and will remain the sole and exclusive owner of all rights, title and interest in and to the Property Value Services and Product Data, including any and all Intellectual Property Rights contained or embodied within the Property Value Services and Product Data;

      (b) You acquire no rights in or to the Property Value Services or Product Data accessed pursuant to this Agreement except for the limited license set forth in clause 3;

      (c) You will not, and will not permit any other person or entity to, infringe upon, harm or contest the validity of CoreLogic's ownership of the Property Value Services or Product Data, or the Intellectual Property Rights vesting or embodied in the Property Value Services and Product Data.

  5. ACCESS
    1. You must access, receive and use the Property Value Services only in accordance with the terms of this Agreement.
    2. You may access your Property Value Account and Subscription Products via the Website by entering Your Login Details.
    3. CoreLogic will not be liable for any delay, defect, deficiency and/or loss of service in connection with the Website or Property Value Services or any loss caused by or on account of any of the following:

      (a) equipment, data or services supplied by You or any third party; or

      (b) any telecommunications organisation equipment or services (including any speeds or capabilities of such equipment or services) or any requirements of the telecommunications authority.

    4. CoreLogic reserves the right to change or refine the content, information, features and functionality of the Website or any Property Value Service; without notice to You.
    5. CoreLogic reserves the right to change or refine the content, information, features and functionality of any Property Value Service; without notice to You, provided that the Property Value Service will at all times retain those basic features described on the Website.
    6. If You are provided with or generate Login Details in connection with the Property Value Services, You must:

      (a) keep confidential and safeguard from unauthorised use any Login Details;

      (b) not send or disclose to any person any Login Details;

      (c) not keep such Login Details in any form (whether encoded or un-encoded) in a location where it is capable of being copied or used by any third person; and

      (d) promptly notify CoreLogic if it becomes aware, or has reason to suspect, that any of the Login Details required to access any aspect of the CoreLogic Services has been disclosed to, or used by, an unauthorised person, including any person other than the Permitted User to whom the Login Details relates.

    7. Without limiting any other terms of this Agreement, You will follow all reasonable instructions CoreLogic gives from time to time with regard to the use of the Property Value Services.
    8. You will be responsible for obtaining access to the Website and/or Property Value Services, and for any and all costs and expenses in connection with accessing and using the Website and/or Property Value Services, including Internet service provider fees, telecommunications fees, and the cost of any and all equipment (including hardware and software) used by You in connection with its access and use of the website and/or Property Value Services as permitted under this Agreement.
    9. You acknowledge and agree that CoreLogic's ability to provide the Product Data is subject to its agreements with third party suppliers,

      (a) which agreements may expire or terminate; or

      (b) which suppliers may not provide the services, products or data as provided under such agreements, and that in such circumstances CoreLogic may not be able to, and will have no obligation to, provide some or all of the Property Value Services or the Product Data, either on a timely basis or otherwise. CoreLogic does not verify the accuracy or completeness of any data supplied by any third party.

    10. CoreLogic will have no liability whatsoever for any failure to provide the Website or the Property Value Services to You.
  6. FEES
    1. In consideration for supplying the Premium Products, You agree to pay CoreLogic the fees notified on the Website.
    2. All such fees, once paid, are non-refundable, even if You stop using the Premium Products for any reason.
    3. CoreLogic may, in its discretion, increase the fees for any Premium Products from time to time.
    4. Unless otherwise stated, all fees are GST inclusive. If provision of a Premium Product under this Agreement is subject to GST, You must pay to CoreLogic an additional amount equal to the relevant fee multiplied by the applicable GST rate. Such additional amount is payable at the same time as the related fee. Premium Products purchased by offshore customers will not be subject to GST.
  7. LIMITED WARRANTY
    1. To the fullest extent permitted by Law, all warranties are hereby excluded, and CoreLogic hereby expressly disclaims all warranties:

      (a) that the Website and/or Property Value Services will meet Your requirements;

      (b) that the Website and/or Property Value Services are fit for Your purpose or are otherwise suitable for Your use;

      (c) that the Website and/or Property Value Services will be compatible with, or suitable for use with, Your Software

      (d) that the Website and/or Property Value Services or the resulting Product Data, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;

      (e) that the statistical methods on which any of the Website and/or Property Value Services are based use appropriate or accurate assumptions;

      (f) that the performance of the Website and/or Property Value Services will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by CoreLogic's third party suppliers;

      (g) that the Website and/or Property Value Services will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.

    2. You acknowledge and agree:

      (a) You will exercise Your independent judgement in accessing and using the Website and/or Property Value Services;

      (b) the Website and/or Property Value Services does not constitute an appraisal of the subject property and should not be relied upon in lieu of appropriate professional advice.

      (c) CoreLogic does not provide, through the Property Value Services, any investment, legal, financial or taxation advice as to the suitability of any property. Investment advice given in this Website and/or Property Value Services is general investment advice only and does not take into account your investment objectives, financial situation and particular needs. You should assess whether the advice is appropriate to your individual investment objectives, financial situation and particular needs before making an investment decision on the basis of the general advice and should not be relied upon in lieu of appropriate professional advice.

      (d) the accuracy of the methodology used to develop the Website and/or Property Value Services, the existence of the subject property, and the accuracy of the predicted value and all rule sets provided are estimates based on available data and are not guaranteed or warranted.

      (e) the condition of the subject property and current market conditions can greatly affect the validity of the Website and/or Property Value Services.

      (f) any Product Data generated does not include a physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal.

      (g) the Website and/or Property Value Services, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice

      (h) CoreLogic does not verify the accuracy or completeness of any data supplied by any third party.

      (i) CoreLogic will not provide the Website or any Property Value Services to the extent it is prohibited or not authorised to do so by Law or under nay of its agreements with its suppliers.

    3. To the extent that the Competition and Consumer Act 2010 (Cth) implies any warranties under this Agreement, then CoreLogic's liability in respect of such implied warranty is limited:

      (a) in the case of goods, to any one or more of the following (as CoreLogic may in its discretion determine):

      (i) the replacement of the goods or the supply of equivalent goods;

      (ii) the repair of the goods;

      (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

      (iv) the payment of the cost of having the goods repaired; or

      (b) in the case of services, to any one of the following (as CoreLogic may in its discretion determine):

      (i) the supplying of the services again; or

      (ii) the payment of the cost of having the services supplied again, except as expressly provided elsewhere in this Agreement.

  8. LIMITATION OF LIABILITY
    1. To the maximum extent permitted by Law, in no event will CoreLogic's aggregate liability to You exceed ten thousand dollars (A$10,000).
    2. To the maximum extent permitted by Law, CoreLogic will not be liable under or in connection with this Agreement for any Consequential Loss.
    3. CoreLogic has no liability whatsoever to You or any other person, for:

      (a) acts and omissions of, or any faults or defect in the Website and/or Property Value Services caused by any third party;

      (b) faults or defects in the Website and/or Property Value Services which are caused by You including any failure to comply with Your obligations under this Agreement;

      (c) any loss or corruption of Product Data contain on or stored in any Platform;

      (d) any delay, faults, failure, interruption or defects that arise in telecommunication systems or other services provided to You by a third party (even if they are connected and used by CoreLogic during the operation of this Agreement with CoreLogic' consent); and

      (e) Your inability to access or use the Website and/or Property Value Services for any reason.

    4. If at any time all or any part of the Product Data is, or in CoreLogic's opinion may become, subject of any claim or suit for any infringement, CoreLogic may at its own expense and option modify or replace the affected Website and/or Property Value Services so that it is non-infringing, or obtain for You the right to continue using the affected Website and/or Property Value Services. If neither of foregoing options is in CoreLogic's opinion commercially reasonable, CoreLogic will have the right to terminate this Agreement with immediate effect after which time Your use of the affected Website and/or Property Value Services is at Your sole risk.
  9. CUSTOMER INDEMNITY
    1. You indemnify, and keeps CoreLogic indemnified, from and against any Claims or Losses (including as a result of any third party Claim against CoreLogic) or which CoreLogic may suffer or incur arising out of or in connection with:

      (a) any breach of this Agreement by You;

      (b) any representations or promises made by You to others due to or based on any Product Data;

      (c) any negligent or wilful acts or omissions in connection with this Agreement by You.

    2. The indemnity given by You in clause 9.1 is reduced to the extent that CoreLogic contributes to the Losses suffered or incurred.
  10. PRIVACY
    1. CoreLogic is bound by the Privacy Act and has published a Privacy Policy, available on CoreLogic's website in accordance with the Privacy Act and published regulatory guidelines. To the extent any of CoreLogic's Property Value Services or Product Data contain Personal Information, You agree to:

      (a) comply with the Privacy Act whether or not you are bound by the Privacy Act;

      (b) only use Personal Information CoreLogic discloses to you for the purposes for which we disclosed that Personal Information;

      (c) take all reasonable steps to ensure that you, or any of your agents, will not act in a way that contravenes the Privacy Act;

      (d) notify CoreLogic immediately (by email to privacy@corelogic.com.au) of any privacy complaints or events which may cause the Privacy Act to be breached and to assist us in dealing with any complaints or potential breaches, including proving is access to relevant information; and

      (e) keep us indemnified in respect of any loss, claim, liability or expense and (whether in contract, tort (including negligence), strict liability or otherwise) incurred by us resulting from a breach by you, of the Privacy Act and Spam Act, including a breach by you or any third party of any telephone number disclosed by us to you that appears on the Do Not Call Register.

    2. You acknowledge and agree that by signing-up for a Property Value Account we will collect personal information about you and we may use that personal information for the purposes of:

      (a) providing you with the Property Value Services and other related purposes for which You would reasonably expect us to use Your personal information;

      (b) providing to You information about the real estate industry and market, new developments, our product and services and any special offers in relation to our products and services by post, telephone or any form of electronic communication such as email or text message; and

      (c) You may opt-out from receiving marketing material via Your 'Account' email settings on the Website or by following the 'unsubscribe' instructions in any marketing communication You receive from Us.

  11. COOKIES
    1. ”Cookies” are text-only pieces of information that a web site transfers to an individual's hard drive or other web site-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a randomly generated unique number or other value. Like most web sites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:

      (a) Analytical Purposes: We use Cookies to analyse user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.

      (b) Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.

      (c) Marketing: We use Cookies from third-party partners such as Google for marketing purposes. These Cookies allow us to display promotional material to you on other sites you visit across the Internet.

      (d) Referral Tracking: We use Cookies to associate user activity with the third party web site that referred the user to our Website. These third-party partner web sites receive credit for the activity of users they refer to our Website. We do not share any personal information or information about individual user activities with these partner entities.

      (e) Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.

    2. Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer:

      (a) Open 'Windows Explorer'

      (b) Click on the 'Search' button on the tool bar

      (c) Type "cookie" into the search box for 'Folders and Files'

      (d) Select 'My Computer' in the 'Look In' box

      (e) Click 'Search Now'

      (f) Double click on the folders that are found

      (g) 'Select' any cookie file

      (h) Hit the 'Delete' button on your keyboard

    3. If you are not using Microsoft Windows Explorer, then you should select "cookies" in the "Help" function for information on where to find your cookie folder. If you disable all cookies, you may not be able to take advantage of all the features of this web site. Consult your mobile device documentation for information on how to disable cookies.
    4. We use the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. We and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our Website. This means that vendors including Google will display promotional material on other sites you visit across the Internet.
    5. You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide web site visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google's programs.
    6. When you use our Website, you consent to receiving cookies from Us and/or our third party partners.
    7. From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.
  12. PROPER RECORDS, RIGHT TO INSPECT AND AUDIT

    Without limiting any of the other terms of this Agreement:

    1. You will follow all reasonable instructions CoreLogic gives from time to time with regard to the use of the Website and Property Value Services.
    2. You permits CoreLogic at all reasonable times to check that the Website and Property Value Services are being used in accordance with the terms of this Agreement.
    3. You expressly acknowledges that CoreLogic has entered into various licensing agreements for ongoing use of data with various data suppliers and as such CoreLogic has undertaken certain contractual obligations. To assist CoreLogic in meeting these obligations You agrees to comply with and/or accept responsibility for all of CoreLogic's obligations expressed or implied in such supplier agreements including:

      (a) granting CoreLogic and its data suppliers the right to inspect and/or audit Your records and/or system in order to audit Your use of the Website and Property Value Services including any records kept at Your premises; and

      (b) cooperating with any investigation concerning the use by You of the Website and Property Value Services.

  13. GOOGLE
    1. The Property Value Services may incorporate Google Maps software provided by Google Inc. Where Google Maps software is incorporated into the Property Value Services You agrees to be bound by:

      (a) the "Google Maps Terms and Conditions" ; and

      (b) the "Google Maps Legal Notices" ,

      (together the "Google Terms").

    2. If You breaches the Google Terms, You will indemnify and hold CoreLogic and its service providers harmless from any claim whatsoever by Google Inc. relating to Your breach of the Google Terms.
  14. CONFIDENTIALITY
    1. No Confidential Information may be disclosed by You to any person or entity except:

      (a) to the extent You is required to do so by Law; or

      (b) to the extent You is required to do so in connection with legal proceedings relating to this Agreement.

    2. You must not use Confidential Information except for the purpose of exercising its rights or performing its obligations under this Agreement.
    3. Clauses 13.1 and 13.2 and do not apply to Excluded Information.
    4. Notwithstanding clauses 13.1 and 13.2, You may disclose parts of the Product Data, or conclusions or summaries of information based on the Product Data, provided that You has first obtained CoreLogic's prior written consent for such disclosure and You gives CoreLogic credit as the source for the underlying data in a manner reasonably instructed by CoreLogic.
    5. You will take any action that is necessary to prevent or remedy any breach of Your confidentiality obligations or other unauthorized disclosure of Confidential Information.
    6. You acknowledges that due to the unique nature of the Confidential Information, any breach by You of its obligations under this clause 14 would result in irreparable harm to CoreLogic and its service providers for which there is no adequate remedy; and therefore, upon any such breach or threat thereof, CoreLogic and its service providers will be entitled to injunctive and other appropriate equitable relief (without the necessity of proving damages, or posting bond or other security), in addition to whatever remedies CoreLogic and its service providers may have at Law
    7. You will not remove, alter, obscure or otherwise modify any trademark, copyright or other proprietary notice or legend or legal disclaimer placed on or contained within the Confidential Information.
    8. You may not make press or other announcements or releases relating to this Agreement and the transactions that are the subject of this Agreement without CoreLogic's prior written approval as to the form and manner of the announcement or release, unless and to the extent that the announcement or release is required to be made by You by Law or by a stock exchange with which You is listed.
    9. Except as otherwise agreed or duly required by Law or any regulatory authority, no Party will disclose the terms of this Agreement to any person or entity other than its employees, accountants, auditors, financial advisers or legal advisers on a confidential basis.
  15. BREACH AND TERMINATION
    1. In the event that You breach any term of this Agreement, CoreLogic may, at its election, do one or any of the following:

      (a) suspend or terminate Your access to the Property Value Services or Products Data immediately upon written notice to You; and

      (b) commence proceedings against You for any loss or damage CoreLogic suffers as a result of the breach; and

      (c) refer the matter (including Your name and contact details) to any debt collector or other third party to assist CoreLogic in collecting any fee not paid to CoreLogic under the terms of this Agreement, including but not limited to conducting any consumer credit searches or listing You with a credit reporting agency.

    2. CoreLogic reserves the right to suspend or terminate Your access to the Property Value Services in circumstances where:

      (a) CoreLogic or its service providers reasonably believe that You have used or disclosed the Property Value Services, Product Data or other Confidential Information in a manner not permitted under this Agreement or otherwise has materially breached this Agreement,

      (b) an event of force majeure occurs that affects CoreLogic's ability to provide the Property Value Services or Product Data; or

      (c) upon 30 days written notice to You at any time.

    3. If any use is made of the Property Value Services or the Product Data by any person or entity other than You and such use is attributed to the act or default of You, then without prejudice to CoreLogic's other rights and remedies You will immediately be liable to pay to CoreLogic an amount equal to the charges which such person or entity would have been obliged to pay had CoreLogic granted a licence to the unauthorised user at the beginning of the period of the authorised use.
    4. CoreLogic has the right to terminate this Agreement, by a written notice to You specifying the event or events in relation to which the notice is given, if:

      (a) You become insolvent; or

      (b) You commit a breach of this Agreement, and

      (i) the breach is material and not capable of being cured, or

      (ii) if the breach is capable of being cured and You fail to cure the breach within thirty (30) days of being notified in writing of the breach by CoreLogic ("rectification period").

    5. In the event that this Agreement is terminated or expires, all of Your rights to use the Property Value Services and Product Data will immediately terminate, and You will at Your expense (and if requested by CoreLogic) promptly return, or at CoreLogic's election destroy, any copies of Property Value Services, Product Data and other Confidential Information that are either in Your possession or under Your control.
    6. Termination of this Agreement will not act as a waiver of any breach of this Agreement and will not act as a release of You from any liability for breach of Your obligations under this Agreement. Neither Party will be liable to the other for damages arising by reason of termination of this Agreement in accordance with its terms. CoreLogic's termination of this Agreement will be without prejudice to any other right or remedy that it may have, and will not relieve You of any obligation or liability which arose prior to the effective date of such termination.
    7. The following clauses will survive any termination of this Agreement: 18; 6; 5; 8; 11.1; 11.3; 12; 13; 14; 9; and 10.
  16. EXPIRY OF SUBSCRIPTION PRODUCTS
    1. Following the Subscription Term, Your access to any Subscription Product, will terminate without notice. Should You require continued access to any Subscription Product, You must sign up for a further Subscription Term via Your Property Value Services Account.
  17. NOTICES
    1. All notices hereunder will be in writing addressed to the Parties as follows:

      (a) CoreLogic: Level 21, 2 Market Street Sydney NSW 2000;

      (b) You: to the postal address or email address provided by You when You registered for a Property Services Account or a Subscription Product.

    2. Notice will be deemed given:

      (a) in the case of hand-delivered mail upon delivery or in the case of mail upon written acknowledgment or receipt by an officer or other duly authorised employee, agent or representative or the receiving Party (such receipt not to be unduly delayed or withheld),

      (b) in the case of ordinary mail on the fourth day after the date of posting;

      (c) in the case of email transmission upon the email being sent.

    3. A Party may change its address for service of notices under this clause by giving written notification of the new address to the other Party.
  18. MISCELLANEOUS
    1. No right under this Agreement will be deemed to be waived except by notice in writing signed by the Party to be bound.
    2. These Terms and Conditions will be governed by and construed in accordance with the Laws in force in the State of Queensland. Each Party submits to the non-exclusive jurisdiction of the courts of that place.
    3. You warrant that You have not relied on any representation made by CoreLogic which has not been expressly stated in this Agreement or upon the descriptions or allusions or specifications contained in any document including any catalogue or other material produced or made available by CoreLogic.
    4. If the whole or any part of a provision of this Agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this Agreement or is contrary to public policy.
    5. Nothing contained or implied in this Agreement constitutes one Party the partner, agent, or legal representative of the other Party for any purpose or creates any partnership, agency or trust, and neither Party has any authority to bind the other Party in any way.
    6. The rights and remedies provided in this Agreement are in addition to other rights and remedies given by Law independently of this Agreement.
  19. LICENCE AGREEMENT FOR ACCESS TO PRODUCT DATA CONTAINING QUEENSLAND PROPERTY INFORMATION

    The following terms and conditions apply to Your use of and access to any Product Data or Property Value Services containing any Queensland Property Information:

    1. You acknowledge and agree that:

      (a) You have no rights of ownership in the Queensland Property Information. The State of Queensland (Department of Environment and Resource Management) is the owner of the intellectual property rights including copyright in and to the Queensland Property Information or has the right to make it available under licence arrangements, and has made a licence arrangement with RP Data Pty Ltd.

      (b) the State of Queensland (Department of Environment and Resource Management) gives no warranty in relation to the Queensland Property Information (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the Queensland Property Information.

      (c) You will not use the Licensed Data Product(s) with the intention of encroaching upon the privacy of an individual or for Direct Marketing and I will comply with the Privacy Laws.

      (d) You will use the Licensed Data Products that You receive from RP Data Ltd only for Your own personal use or in the ordinary course of my business (e.g. solicitor, accountant, valuer etc).

      (e) You are not a business acting as a reseller of Licensed Data Products.

    2. In this clause 19, the following capitalised words have the meaning given below:

      Licensed Data Product(s) means any Value Added product derived from or based on the Queensland Property Information.

      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).

      Queensland Property Information means data that is owned by or licensed to the State of Queensland (Department of Environment and Resource Management) and has been licensed to RP Data Pty Ltd under an agreement.

      Value Added means any repackaging which irreversibly changes the form of the Queensland Property Information or any augmenting or incorporation of the Queensland Property Information with other data. Conversion onto a different media or the translation into a different format (e.g. changing colour and formatting) of Queensland Property Information is not Value Adding.

  20. LICENCE FOR ACCESS TO SA PROPERTY DATA

    The following terms and conditions apply to Your use of and access to any Product Data or Property Value Services containing any SA Property Data:

    1. The SA Property Data is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by South Australia, and may have changed since the date of supply by South Australia.
    2. The software by which the SA Property Data is provided is not represented to be error free.
    3. No responsibility is accepted by the State for any reliance placed by any person upon the SA Property Data, or the software by which it is provided. Persons acquiring or using the SA Property Data and its associated software must exercise their independent judgement in doing so.
    4. Copyright in the SA Property Data remains with the Crown in right of the State of South Australia. The SA Property Data is reproduced under licence from the Crown.
    5. The SA Property Data contained in the Product Data and/or Property Value Services must not be used for the purposes of compiling contact lists, whether personalised or not.
    6. In this clause 20, the following capitalised words have the meaning given below:

      SA Property Data means data or information is extracted from records of the land status and cadastral boundary definition held by the Government of the State of South Australia (South Australia).

  21. DEFINITIONS AND INTERPRETATIONS
    1. In this Agreement, unless the context otherwise requires, the following words will have the meaning set out hereunder:

      Agreement means these Property Value Terms and Conditions and any other terms which may apply, which are provided to You separately.

      CoreLogic means RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171) and its Related Bodies Corporate

      Confidential Information means all confidential, non-public or proprietary information, regardless of how the information is stored, which is delivered to You before, on or after the date of this Agreement, relating to the Property Value Services, including valuation products, information services or the business, technology or other affairs of CoreLogic, including any Intellectual Property Rights, data (including Product Data), valuation and market share analyses, valuation models and tools, indices, programs or algorithms, but does not include the Excluded Information (to the extent relevant):

      Consequential Loss means any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to or corruption of data, loss of goodwill or loss of reputation r whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.

      Consumer means an individual whose Personal Information appears in any field in the QVAS Database.

      Direct Marketing means using Personal Information to identify, target or filter and then directly market products or services to an identified individual or group of individuals (whether or not addressed to that individual by name), by means, normally supported by a database, which uses one or more advertising media to affect a measurable response and or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging, postal canvassing and list brokering.

      Effective Date has the meaning given to that term under clause 2.1.

      Excluded Information means Confidential Information which:

      (a) is in or becomes part of the public domain other than through breach of this Agreement or an obligation of confidence owed to CoreLogic;

      (b) You can prove, by contemporaneous written documentation, was already known to it at the time of disclosure by CoreLogic (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or

      (c) You acquires from a source other than CoreLogic where such source is entitled to disclose it.

      Freemium Product means the products, services, Platforms and Product Data which may licenced or supplied by CoreLogic and accessed by You through the Website free of charge.

      Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trade marks, copyright, source-code, databases, Product Data, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.

      Law means common law, principles of equity, and laws made by parliament (laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them).

      Login Details means the unique user names and passwords provided to or created by You for the purpose of accessing the Your Property Value Account or a Subscription Product.

      Loss means all liabilities, losses, damages, outgoings, costs and expenses (including legal costs assessed on a Solicitor-client basis).

      LPI Personal Information means information or 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 which CoreLogic sources from the Land and Property Information group of the Department of Lands, State of New South Wales.

      Party and Parties means CoreLogic and You.

      Permitted Purpose means the specified purposes for which the Website and Property Value Services may be used by You as specified at clause 3.2.

      Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

      Platform means any web-based platform or software provided by CoreLogic to deliver, enable or provide access to the Property Value Services to You, and includes the Website.

      Premium Product means the products, services, Subscription Services, Platforms and Product Data which may licenced or supplied by CoreLogic and accessed by You through the Website in consideration for the Fees.

      Privacy Act means the Privacy Act 1988 (Cth).

      Privacy Policy means CoreLogic's privacy policy as updated from time to time and located at http://www.corelogic.com.au/about-us/privacy-policy.html

      Product Data means any results, data or meta data, including any property information, property attribute data, ownership information, property sales information, photographs, valuation, market share analyses, index results, alerts, or reports, which is either contained within, provided through, derived from, captured by, entered into or generated by the Property Value Services, Website and any Platforms or as otherwise provided in the usual course of business by CoreLogic.

      Property Value Account means the free account you may create to access the Website and for which you may access via Your Login Details.

      Property Value Services means the Freemium Products, the Premium Products and Your Property Value Account.

      Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth).

      Subscription Product means a Premium Product that is provided by CoreLogic in consideration for the Fees charged on a subscription basis for the Subscription Term.

      Subscription Term means the subscription term selected by You at the time of purchasing a Subscription Product.

      Territory means Australia and New Zealand.

      Website means the Property Value website located at www.propertyvalue.com.au.

    2. The headings in this Agreement are for convenience of reference only and will not affect the interpretation hereof. The words "include" and "including" when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind. A clause is a reference to a clause to this Agreement. Words importing the singular number will include the plural and vice versa, and words importing the masculine gender include all other genders.