Disclaimers

Copyright

© Copyright 2018. CoreLogic and its licensors are the sole and exclusive owners of all rights, title and interest (including intellectual property rights) subsisting in the CoreLogic Materials contained in this publication. All rights reserved.

CoreLogic Disclaimers:

Data and Reports

The supply of any Product Data, including Product Data contained within or used for the generation of reports, is made subject to the following disclaimer:

The Product Data provided in this publication is of a general nature and should not be construed as specific advice or relied upon in lieu of appropriate professional advice. While CoreLogic uses commercially reasonable efforts to ensure the Product Data is current, CoreLogic does not warrant the accuracy, currency or completeness of the Product Data and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with the Product Data.

AVM Estimates

The supply of any AVM Estimate (including IntelliVal and E-Valuate) is made subject to the following disclaimer:

An automated valuation model estimate (AVM Estimate) is a statistically derived estimate of the sale or rental value (as the context requires) of the subject property. An AVM Estimate is generated (i) by a computer driven mathematical model in reliance on available data; (ii) without the physical inspection of the subject property; (iii) without taking into account any market conditions (including building, planning, or economic), and/or (iv) without identifying observable features or risks (including adverse environmental issues, state of repair, improvements, renovations, aesthetics, views or aspect) which may, together or separately, affect the value.

An AVM Estimate is current only at the date of publication or supply. An AVM Estimate must not be relied upon as a professional valuation or an accurate representation of the market sale or rental value of the subject property. CoreLogic expressly excludes any warranties and representations that an AVM Estimate is an accurate representation as to the market sale or rental value of the subject property.

To the full extent permitted by law, CoreLogic excludes all liability for any loss or damage howsoever arising or suffered by the recipient, whether as a result of the recipient's reliance on the accuracy of an AVM Estimate or otherwise arising in connection with an AVM Estimate.

Construction Costing Data

The supply of any Cordell Construction Cost Data is made subject to the following disclaimer:

Any construction pricing or costing data (Data) is indicative only and is not intended to replace a professional valuation of improvement or replacement costs through an appropriately qualified person (such as a valuer or quantity surveyor).

Any Data does not take into account all matters that may be relevant for determining improvement or replacement costs, such as (without limitation):

  1. the scope for variations in construction costs due to matters such as the quality and complexity of a replacement or repair item;
  2. the location of the property and market conditions in that location or wider construction industry;
  3. fluctuations in availability of materials, or construction pricing or costing information, and the delivery and lead time;
  4. any allowances for any statutory consents including building and planning;
  5. any allowances for any engineering or other design requirements associated with any improvement or replacement;
  6. any allowances for costs associated with content removal costs, landscaping costs, temporary rental costs and the costs of rectifying damage caused during any demolition and construction phases to the land or improvements of the property;
  7. where such Data is combined with data from a third party (such as a property owner), the accuracy of that third party information; and
  8. where such Data relates to an insurance policy or claim, the terms of any insurance policy.
     

Whilst the Data used in this report is regularly updated, CoreLogic disclaims all warranties that the Data is accurate, complete, or up to date and excludes all liability for any loss or damage howsoever arising as a result of any reliance on the accuracy of the Data.

Cordell Sum Sure Estimate

The supply of any Cordell Sum Sure Estimate is made subject to the following disclaimer:

The Cordell Sum Sure Estimate is an estimate of the cost to rebuild the improvements on your property and is generated by the Cordell Sum Sure Calculator which uses available property attribute information (including information you input or confirm) together with certain construction data to statistically derive a rebuild estimate through a series of computer implemented algorithms (Cordell Sum Sure Estimate).

The Cordell Sum Sure Estimate does not take into account individual design features, site specific conditions, structural conditions and materials, local planning laws or any other regulations and may not be suitable for your particular circumstances. The Cordell Sum Sure Estimate is an indicative guide only and must not be relied upon as an accurate representation of the costs associated with rebuilding your property or in lieu of appropriate professional advice.

While CoreLogic uses commercially reasonable efforts to ensure the Cordell Sum Sure Estimate is current, CoreLogic does not warrant the accuracy, currency or completeness of the Cordell Sum Sure Estimate and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with the Cordell Sum Sure Estimate.

Maps

The supply of any Product Data containing maps is made subject to the following disclaimer:

A map showing boundaries of a property is indicative only and may not be complete or accurate. Any map that is produced is not intended or designed to replace the certificate of title or land survey information. If you need a certificate of title or land survey information for any purpose then you can order these separately from CoreLogic or the relevant government body.

Hazard Data

The supply of any Product Data containing hazard related information is made subject to the following disclaimers:

Any hazard data or information (Hazard Data) provided is indicative only and not intended to replace obtaining specific professional advice in relation to such information.

Any Hazard Data does not take into account all matters that may be relevant for determining relevant hazards, and the recipient acknowledges and accepts:

  1. it is not based on any site-specific geological or engineering investigation at the relevant property;
  2. the Hazard Data is not a geological or engineering report for a property and does not replace the need for a site inspection in relation to issues relating to geological, foundation, or other hazard-related conditions at the relevant property; and
  3. the information and data contained in the Hazard Data has been obtained from a variety of third party sources and does not specifically originate from CoreLogic.
     

The following applies in addition to the above in Australia only:

Copyright © 2018 Risk Frontiers and MapData Services.  All Rights Reserved. Web http://www.riskfrontiers.com/. Web http://www.mapdataservices.com/

The purpose of risk information (Risk Information) is to provide an overview of the natural hazards affecting an individual address or geographical area in which the property is located. The Risk Information is not a substitute for an on-site inspection or review of other available reports and records. It is not intended to be, and should not be taken to be, a rating or assessment of the desirability or market value of the property or its features. In the preparation of any report based on the Risk Information, Access Macquarie Limited, Macquarie University and MapData Services Pty Ltd (Risk Frontiers) has relied on data provided by third parties and while all reasonable care has been used to review the data for reasonableness it is not possible within the context and scope of any report based on the Risk Information to verify the accuracy and completeness of that data.

Risk Frontiers (together with their officers, employees, agents or contractors and the authors) are not liable for any loss (including legal costs and expenses), injury or damage including death, economic loss and consequential loss or liability incurred or suffered by any recipient (of a report based on the Risk Information) or their successors in title or any other party acting or purporting to act in reliance on the contents of a report pursuant to a cause of action or claim in contract, tort, negligence, statute (including pursuant to section 52 of the Trade Practices Act 1974 (Cth) or any state equivalent of that provision) or otherwise.

Building Consent Information (Australia)

The supply of any Product Data containing building consent related information is made subject to the following disclaimer:

Any data or information containing building consent information (Building Consent Data) has been obtained from a variety of third party sources. The Building Consent Data:

  1. is not available for all properties and/or may be incomplete in respect of certain properties and in particular, is only available for about 60 % of total building consents in Australia due to limitations with the collection of this data;
  2. relies on the accuracy of the description against the Building Consent Data provided to CoreLogic by third parties;
  3. may differ from the actual construction cost (where it contains an estimated construction cost) and
  4. any errors in entry of property details may lead to incorrect Building Consent Data being provided and the recipient should always check the appropriateness of the information contained in the building consent report against the actual property or surrounding properties (including physical attributes of such property).
     

Building Consent Information (New Zealand)

The supply of any Product Data containing building consent related information is made subject to the following disclaimer:

Any data or information containing building consent information (Building Consent Data) has been obtained from a variety of third party sources. The Building Consent Data:

  1. is not available for all properties and/or may be incomplete in respect of certain properties;
  2. relies on the accuracy of the description against the Building Consent Data provided to CoreLogic by third parties;
  3. may differ from the actual construction cost (where it contains an estimated construction cost) and
  4. any errors in entry of property details may lead to incorrect Building Consent Data being provided and the recipient should always check the appropriateness of the information contained in the building consent report against the actual property or surrounding properties (including physical attributes of such property).
     

Title Reports (NZ only)

The supply of any Product Data containing title related information is made subject to the following disclaimer:

Any data or information provided based on a certificate of title is a subset of information available from the relevant registering body and has not been changed in any way by CoreLogic. Such data and information is not a substitute for a certificate of title. The data and information is updated at regular intervals (promptly after receipt) but may be up to six weeks old. At any time, the data or information relating to a certificate of title may be superseded.

Models, Calculators and Tools

The supply of any Modelled Data is made subject to the following disclaimer:

Modelled Data is a computer generated output from a mathematical model using available statistical and property data and must not be relied upon as an accurate prediction of current or future market performance or construed as advice. Modelled Data does not take into account future market conditions or your individual circumstances. You should exercise your own skill and judgment when considering investment decisions and seek professional advice where appropriate.

Modelled Data is current only at the date of publication or supply and may change over time. CoreLogic expressly excludes any warranties and representations that Modelled Data is an accurate prediction of current or future market performance.

To the full extent permitted by law, CoreLogic excludes all liability for any loss or damage howsoever arising suffered by the recipient, whether as a result of the recipient's reliance on the accuracy of Modelled Data or otherwise arising in connection with Modelled Data.

Skymeasure Report

The supply of a Skymeasure Report is subject to the following disclaimer:

All dimensions, measurements, co-ordinates and areas (Dimensions) provided in a Skymeasure Report are estimates derived using aerial modelling technology and are generated without the physical inspection of the property. The Skymeasure Report must not be relied upon in lieu of a site inspection and survey performed by a qualified surveyor.

CoreLogic expressly excludes all warranties (express or implied) that the Dimensions and other Product Data provided in a Skymeasure Report is accurate, current or complete and, to the full extent permitted by law, excludes all loss or damage howsoever arising (including through negligence) in connection with the Skymeasure Report.

Third Party Disclaimers

Creative Commons

Where Product Data (or any reports supplied by CoreLogic) have been compiled with data and statistics supplied under Creative Commons Licence, the following notice applies in conjunction with CoreLogic Disclaimers:

Product Data licensed by CoreLogic under a Creative Commons Attribution licence. For details regarding licence, data source, copyright and disclaimers, see http://www.corelogic.com.au/aboutus/thirdpartyrestrictions

Australian State Disclaimers

Where Product Data (or any reports supplied by CoreLogic) has been compiled with data supplied under licence from an Australian State government supplier, the following State disclaimers apply in conjunction with CoreLogic Disclaimers:

Queensland Data

Based on or contains data provided by the State of Queensland (Department of Natural Resources and Mines) 2018. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (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 data. Data must not be used for direct marketing or be used in breach of the privacy laws.

South Australian Data

© 2018 Copyright in this information belongs to the South Australian Government and the South Australian Government does not accept any responsibility for the accuracy or completeness of the information or its suitability for purpose.

New South Wales Data

Contains property sales information provided under licence from the Land and Property Information (“LPI”). RP Data Pty Ltd trading as CoreLogic is authorised as a Property Sales Information provider by the LPI.

Victorian Data

The State of Victoria owns the copyright in the Property Sales Data and reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the Property Sales Data and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.

Western Australian Data

Based on information provided by and with the permission of the Western Australian Land Information Authority (2018) trading as Landgate.

Australian Capital Territory Data

The Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be directed to: Director, Customer Services ACT Planning and Land Authority GPO Box 1908 Canberra ACT 2601.

Tasmanian Data

This product incorporates data that is copyright owned by the Crown in Right of Tasmania. The data has been used in the product with the permission of the Crown in Right of Tasmania. The Crown in Right of Tasmania and its employees and agents:

  1. give no warranty regarding the data's accuracy, completeness, currency or suitability for any particular purpose; and
  2. do not accept liability howsoever arising, including but not limited to negligence for any loss resulting from the use of or reliance upon the data.
     

Base data from the LIST © State of Tasmania http://www.thelist.tas.gov.au

New Zealand Specific Disclaimers

Where certain Product Data is sourced through CoreLogic NZ, the following disclaimers apply in addition to the CoreLogic Disclaimers:

Auckland Council

To the extent that the Product Data incorporates Original Data or Adapted Data, the recipient:

  1. acknowledges and accepts that it has no proprietary rights to any Original Data or Adapted Data supplied or made available by CoreLogic;
  2. undertakes to use reasonable endeavours to ensure the Original Data (and any Adapted Data) is protected at all times from unauthorised use or access by third parties;
  3. acknowledges the Adapted Data may contain data and information sourced from councils, regional councils and other authority bodies; and
  4. must not use the Original Data and Adapted Data other than as expressly set out in the recipient’s end user terms;
  5. agrees that where Bulk Data is supplied or made available to the recipient, the Bulk Data is made available by Auckland Council subject to the following exclusions and limitations in relation to liability:
    1. Auckland Council disclaims all warranties regarding the Original Data and Adapted Data (whether express or implied) to the full extent permitted by law, including any implied warranties of merchantability or fitness for purpose;
    2. Without limiting (a) above, the recipient acknowledges and agrees that the Original Data is licensed to CoreLogic on an ‘as is’ basis and that Auckland Council does not warrant that the Original Data is free of errors or omissions;
    3. Auckland Council does not warrant that the supply of the Original Data to CoreLogic will be timely, immediate or uninterrupted; and
    4. Neither Auckland Council nor any of its councillors, directors, officers, employees or agents shall be liable for any loss, injury, damage or expense (whether direct, indirect, special or consequential) suffered by the recipient, arising from the Original Data or the Adapted Data and/or supply, delivery, access and/or lack supply, delivery or access to the Original Data or the Adapted Data, except where the loss, injury, damage or expense is due to the negligence of Auckland Council or any of its contractors or employees, in which case any liability of Auckland Council is limited to the total fees paid by CoreLogic to Auckland Council during the term of its current licence agreement with Auckland Council.
       

The recipient acknowledges that this section is also for the benefit of Auckland Council for the purposes of the Contracts (Privity) Act 1982.

In this section:

Adapted Data is any Original Data adapted, enhanced, refreshed, added to or changed by CoreLogic or those under its control.

Auckland Council means Auckland Council (or any replacement body).

Bulk Data means any Customer who is supplied or made available the Original Data and/or Adapted Data over a six (6) month period or more, and that supply or availability relates to (or is likely to relate to) 2% or more of the Original Data.

Original Data is any Product Data delivered by Auckland Council to CoreLogic.

Land Information New Zealand

To the extent that the Product Data incorporates LINZ Data, the recipient:

  1. will amend or delete the LINZ Data (or any part of it) within 10 Business Days of being directed by CoreLogic (which must only be made where CoreLogic receives a corresponding request from LINZ), and provide CoreLogic with reasonable evidence (satisfactory to LINZ) that such LINZ Data has been so amended or deleted; and
  2. accepts and agrees in respect of the LINZ Data:
    1. that while all reasonable efforts have been made by LINZ to ensure that the LINZ Data is as accurate as practicable within the bounds of the Specifications, LINZ makes no representations and gives no warranties that the LINZ Data is free from errors, omissions or other inaccuracies and the recipient releases LINZ from all liability (whether in contract, tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the LINZ Data;
    2. LINZ makes no representations and gives no warranties that the LINZ Data, as delivered to CoreLogic, will be capable of being processed on the computer equipment or software of the recipient nor does LINZ have any obligation to train any personnel of the Recipient;
    3. LINZ gives no warranty that the LINZ Data will be free from infection, viruses or destructive code and LINZ will not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or viruses that may infect, any computer equipment or software of the recipient due to the use, installation or conversion of the LINZ Data; and
    4. LINZ gives no representations or warranties that any person has consented to the provision of the LINZ Data to the recipient or has otherwise consented to, or approved, any subsequent use or disclosure of the LINZ Data; and
    5. it must not be used for direct marketing purposes or for the creation of direct marketing lists for providing or selling to other parties.
  3. accepts and agrees in respect of LINZ:
    1. LINZ shall not be liable (whether in contract, tort (including negligence), equity or any other basis) for any loss or damage, sustained by the recipient directly or indirectly from any use whatsoever of the LINZ Data (even if LINZ has been advised of the possibility of such loss or damage), with such loss/damage including any damage to property, injury to persons, loss of profits, business interruption loss, loss of data, and loss as a result of any amendment to or deletion of the LINZ Data in accordance with paragraph 1 above;
    2. Without limiting (a) above, LINZ will not be liable (whether in contract, tort (including negligence), equity or any other basis) for any loss or damage whatsoever arising from modification, amendment or deletion (whether pursuant to paragraph 1 above or otherwise) made to the LINZ Data or any compilation or derivative work created from or using the LINZ Data in each case whether made by CoreLogic or the Recipient; and
    3. Where any exclusion of LINZ’s liability under this Agreement is inapplicable or is held unenforceable, the liability of LINZ (whether in contract, tort (including negligence), equity or any other basis) under or in connection with this Agreement, or arising out of any use, reproduction, modification, amendment or deletion of the LINZ Data (by CoreLogic, the recipient or any other person), shall be limited to the (GST exclusive) fees paid by CoreLogic for the LINZ Data which gave rise to relevant loss or damage;
  4. will to the extent it is permitted to pass on any LINZ Data, ensure that any third parties that directly or indirectly receive LINZ Data from the recipient (including any compilations, derivative works, modified versions, copies or reproductions made from the LINZ Data) with the limitations, exclusions and caps expressed in this section, and where this is not possible, the recipient must include the following acknowledgement note: “Sourced from Land Information New Zealand data. Crown Copyright Reserved”.
     

The recipient acknowledges that this section is also for the benefit of LINZ for the purposes of the Contracts (Privity) Act 1982.

In this section:

Landonline means the online transaction centre for property professionals operated by LINZ at: http://www.linz.govt.nz/land/landonline

LINZ means Land Information New Zealand.

LINZ Data means Product Data delivered by LINZ to CoreLogic.

Specifications means those specifications set out in the Introduction to the Provision of Bulk Data from Landonline.

Definitions

Cordell Construction Cost Data means any Product Data related to estimated construction costs or pricing for a particular property.

CoreLogic means:

  1. if you are accessing an Australian Website, or Australian CoreLogic Services, RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171); or
  2. if you are access a New Zealand Website, or New Zealand CoreLogic Services, CoreLogic NZ Limited.
     

CoreLogic Materials means all Intellectual Property Rights (of CoreLogic, its Related Bodies Corporate and/or third party suppliers), CoreLogic Confidential Information, Product Data, databases, platforms, models, calculators and tools including any other material provided or supplied by CoreLogic to you, or otherwise accessed by you in the use of the CoreLogic services, and includes all Modifications to those materials.

Modelled Data means the outputs from statistical algorithms, models, calculators and tools.

Product Data means any data, facts, information, statistics, analytics, indices, results, commentary, reports, maps, photographs, or meta data, (including any Personal Information, property transactional, ownership and occupancy information, property attribute data) or other information which is (at any time) accessed or obtained by You (or Your Representatives) from CoreLogic.

Currency

Version 2 of these CoreLogic Disclaimers are current as and from 24 August 2018.
© 2018 CoreLogic. All rights reserved.