End User Terms
IN ADDITION TO ANY THIRD PARTY ENABLER TERMS, BY ACCESSING AND USING THE PRODUCT DATA YOU AGREE AS FOLLOWS:
1.INTRODUCTION
1.1 These Terms are required as part of the terms of licence granted to the Third Party Enabler to be incorporated into the contract You have with the Third Party Enabler. They apply to You to the extent that You receive Product Data from or in connection with the Third Party Application. You acknowledge and accept that CoreLogic may agree with the Third Party Enabler to take assignment of its rights under its contract with You, so that CoreLogic may enforce these Terms against You directly.
1.2 Any modification of these Terms are governed by the terms agreed between CoreLogic and the Third Party Enabler, which include the right for CoreLogic to modify these Terms. Any modification of these Terms will posted as a full set of terms at: www.corelogic.com.au/enduserterms – details of the current version of these Terms is contained in the footer of this document.
2.DEFINITIONS AND INTERPRETATIONS
2.1 In these Terms, unless the context otherwise requires, the following words will have the meaning set out hereunder:
Confidential Information means all confidential, non-public or proprietary information, regardless of how the information is stored, which is made available to You before, on or after the date of this Agreement, and includes any information in relation to (i) any Product Data; (ii) CoreLogic’s trade secrets, ideas, concepts, know how, knowledge technology, business, financial dealings, assets, liabilities, transactions, finances, strategy, methods, methodologies, processes, workings, products, services, customers or other affairs of any or our members or related body corporates; but excludes any Excluded Information.
CoreLogic means
(a) RP Data Pty Ltd where the Territory is Australia; or
(b) CoreLogic NZ Limited where the Territory is New Zealand.
Consequential Loss means any special, indirect, consequential, incidental or punitive loss or damage (including loss of profits or savings, loss or damage to or corruption of data, loss of goodwill, loss of reputation), whether arising in equity, for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise, and whether or not such loss or damage was foreseeable (and even if possibility of such loss or damage had been notified).
Consumer means an individual whose Personal Information appears in any field in the QVAS Database.
Direct Marketing means one to one marketing, normally supported by a database, which uses one or more advertising mediums to affect a measurable response and / or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging, postal canvassing, list brokering, the compilation, updating or validation of mailing lists, data matching, data analysis or data mining (whether through manual analysis or automated “big-data” type analysis), contacting vendors or purchasers, creating, preparing, compiling, updating or validating any marketing or contact lists.
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, that it was already known to You 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 acquire from a source other than CoreLogic where such source is entitled to disclose it.
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 CoreLogic for use by You for the purpose of accessing the Product Data.
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.
Moral Rights means any moral rights including the rights described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended and revised from time to time), being “droit moral” or other analogous rights arising under any statute (including as applicable, Copyright Act 1968 (Cth) or any other law in the applicable jurisdiction), that exist or that may come to exist, anywhere in the world.
Output means an output of the Third Party Application which contains (in whole or in part) or is otherwise derived from the Product Data.
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.
Privacy Law means all relevant and any other applicable privacy or data protection Laws relating to the collection, use, processing disclosure, storage or granting of access to the Personal Information which may be amended and in force from time to time and may include:
(a) Australia: the Privacy Act 1988 (Cth), the Australian Privacy Principles which form part of that Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth) and any State or Territory acts and regulations applicable in the relevant State or Territory; and all applicable binding privacy codes or policies; and
(b) New Zealand: the Privacy Act 2020 (NZ) and the New Zealand Information Privacy Principles which form part of the Act, and the Unsolicited Electronic Messages Act 2007; and all applicable binding privacy codes or policies.
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 information supplied by CoreLogic to the Third Party Enabler for use in the Third Party Application (including any platforms) or as otherwise originates from CoreLogic and is provided to You by the Third Party Application.
QVAS Database means the Queensland Valuation and Sales System (QVAS) database administered by the Department of Environment and Resource Management (DERM) or any successor agency that takes responsibility for the management of the QVAS Database.
QVAS Identified Information means the details of any identified Consumer in the QVAS Database limited to the name and service address of the vendor and / or purchaser. For the avoidance of doubt QVAS Identified Information does not include the property address and transaction details.
Related Body Corporate:
(a) in New Zealand, has the meaning given to the term “Related Company” as that term is defined in the Companies Act 1993 (NZ); and
(b) in Australia, has the meaning as defined in the Corporations Act 2001 (Cth).
Territory means:
(a)Australia where the Third Party Enabler is providing the Third Party Application to You in Australia; or
(b)New Zealand, where the Third Party Enabler is providing the Third Party Application to You in New Zealand.
Terms means these end user terms.
Third Party Application means the web-based application maintained and hosted by the Third Party Enabler through which You access the Product Data.
Third Party Enabler means the third party (unrelated to CoreLogic) which has licenced the Product Data from CoreLogic and/or through whose application You have accessed the Product Data.
2.2 The headings in these Terms 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 these Terms. Words importing the singular number will include the plural and vice versa, and words importing the masculine gender include all other genders.
3.RIGHTS AND RESTRICTIONS
3.1 You acknowledge that the Third Party Enabler only has limited rights to grant You a non-exclusive, non-transferable, non-sublicensable limited license to access and use the Product Data (regardless of whether provided direct or through an Output) in the Territory, solely for personal use in connection with the Third Party Application (Purpose). You acknowledge that the Purpose does not extend to any commercial use of the Product Data, unless the Third Party Enabler has specifically negotiated those usage rights with CoreLogic. Any attempted use of the Product Data outside of the Purpose may infringe upon the Intellectual Property rights of CoreLogic (and its third party providers).
3.2 You agree not to use the Product Data except as set out in these Terms. In the event of any inconsistency between these Terms and the terms of the Third Party Application, these Terms shall prevail as far as they relate to Product Data.
3.3 You acknowledge and agree You are not a business acting as a reseller of Product Data and Outputs.
3.4 You acknowledge and agree to use the Product Data (and any Outputs) solely for the Purpose, and in accordance with all Laws. Except as expressly permitted under these Terms or to the extent permitted by Law, You must not, or encourage any person or entity to:
(a) use the Product Data for any purpose other than the Purpose;
(b) decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Products (whether embodied in the Outputs or not), including any source code, object code, algorithms, methods or techniques used or embodied therein;
(c) modify, alter, adapt, or incorporate any part of the Product Data into any other material, product, service or database, duplicate or create any derivative works based upon the Product Data;
(d) use, reproduce, copy, distribute, resell, commercialise, disclose, market, publish, rent, lease, assign, incorporate into any database or deliverable, transfer, sublicense or otherwise exploit for profit or gain any part of the Product Data in any form to any third party, or use the Product Data on behalf of or for the benefit of any third party;
(e) remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Product Data;
(f) 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 from the Third Party Application or any Output;
(g) incorporate any portion of the Product Data into any other materials, products or services outside the Purpose;
(h) use, or offer to use, any Product Data for or in connection with:
(i) any Direct Marketing activities;
(ii) the intention of encroaching upon the privacy of an individual or otherwise breaching the Privacy Act as more specifically set out in clause 7; or
(iii) acts that would infringe upon any person’s rights including, without limitation, Intellectual Property Rights and Moral Rights;
(i) use or rely on the Product Data in any aspect of the verification process for providing credit to a customer; and
(j) use the Product Data for the purposes:
(i) carrying out searches by name, such as the purchaser(s) name or vendor(s) name (if applicable);
(ii) aggregating advertisements of residential or commercial properties located in the Territory (or targeted at properties in the Territory) for sale, rent or lease from multiple agents and others for viewing by consumers; or
(iii) aggregating comprehensive property information regarding residential properties located in the Territory (which may or may not be for sale, rent or lease from agents or others), for display on a single website intended for viewing and use by consumers at no cost to, and freely available without a login or paywall to, consumers,
whether for personal or commercial gain or otherwise.
The restrictions above also apply to any Output to the extent it contains (in whole or in part) or is derived from any Product Data.
3.5 In addition to the prohibitions on use set out in clause 3.4 of the Terms, You must not, and must not encourage any person or entity to:
(a) use or distribute QVAS Identified Information for Direct Marketing or with the intention of encroaching upon the privacy of a Consumer; or
(b) use any LPI Personal Information within or comprising Product Data for any purpose other than appropriate and legal data verification purposes.
3.6 Where the Product Data contains data supplied by a third party, you further agree to comply with any third party restrictions set out at https://www.corelogic.com.au/legals/third-party-restrictions.
4.INTELLECTUAL PROPERTY
4.1 You acknowledge and agree that:
(a) CoreLogic (or one or more of its third party providers) is and will remain the sole and exclusive owner of all rights, title and interest in and to the Product Data, including any and all Intellectual Property Rights contained or embodied within the Product Data;
(b) You acquire no rights in or to the Product Data accessed pursuant to these Terms except for the limited license granted to You by the Third Party Enabler on terms no greater than those set out in clause 2;
(c) You will not, and will not permit any other person or entity to, infringe upon, harm or contest the validity ownership by CoreLogic (or any of its third party providers) of the Product Data, or the creations, inventions and Intellectual Property Rights contained or embodied within the Product Data;
(d) You will not make copies or derivative works of the Product Data; and
(e) all other uses of the Product Data not expressly addressed in these Terms are strictly prohibited.
5.LIMITED WARRANTY
5.1 You acknowledge and accept that the Product Data, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice. Except as otherwise expressly provided in these Terms, the Product Data is provided by CoreLogic to the Third Party Enabler on an “as is, as available” basis without any representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for particular purposes, title, non-infringement, security, availability, accuracy, or otherwise.
5.2 To the fullest extent permitted by Law, all warranties seeking to impose liability on CoreLogic (or its third party providers) are excluded. Without detracting from this, You acknowledge and accept that CoreLogic (and its third party providers) expressly disclaim all warranties:
(a) that the Product Data will meet, or be suitable for, Your requirements;
(b) that the Product Data will be error-free, accurate, complete, current, correct, reliable or secure, or otherwise up to date;
(c) that if the Product Data is accessed via a Third Party Application, that the Third Party Application will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure or error free;
(d) that the statistical methods on which any of the Product Data is based use appropriate or accurate assumptions, are fit for Your particular purpose or are otherwise suitable for Your use; or
(e)that the Product Data 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 providers, or that CoreLogic will automatically correct any errors or defects discovered in the Product Data.
6.DISCLAIMERS
6.1 CoreLogic makes Product Data available subject to certain product display guideline and disclaimers. These display guidelines and disclaimers vary depending on the nature of Product Data being provided by CoreLogic. The Third Party Enabler must incorporate these display guidelines and disclaimers into the terms it has with You. You acknowledge and accept that all Product Data is supplied subject to the display guidelines and disclaimers.
7.LIMITATION OF LIABILITY
7.1 CoreLogic has agreed to certain limitations on its liability with the Third Party Enabler, and to the extent that it is found liable to You at Law or otherwise, You acknowledge and agree that such liability shall not exceed the lesser of:
(a) one hundred dollars ($100);
(b) the price You paid for the Output; or
(c) the amount available under the aggregate cap in liability agreed with the Third Party Enabler after factoring in all amounts payable to the Third Party Enabler (and any other users of the Third Party Application).
7.2 To the extent that CoreLogic is found liable to You at law or otherwise, You agree that CoreLogic shall not be liable for any Consequential Loss.
7.3 If at any time all or any part of the Product Data is, or in CoreLogic’s opinion may become, the subject of any claim or suit for any infringement, CoreLogic may, at its own expense and option, modify or replace the affected Product Data.
8.CONFIDENTIALITY
8.1 You must ensure that You:
(a) keep confidential and safeguard from unauthorised use any Login Details;
(b) do not send or disclose to any person any Login Details;
(c) do not keep such Login Details in any form (whether encoded or un-encoded) in a location where they are capable of being copied or used by any person other than You; and
(d) promptly notify CoreLogic if You become aware, or has reason to suspect, that any of the Login Details required to access any aspect of the Product Data has been disclosed to, or used by, an unauthorised person, including any person other than You.
8.2 You agree to keep all Confidential Information confidential and You must not disclose it to any person or entity except:
(e) Your employees, accountants, financial advisers, legal advisers, auditors and regulators requiring the information for the purposes of these Terms (or the end user terms of the Third Party Enabler to which they form part) and only then, provided You make them aware of the confidentiality obligations imposed in this clause 8.2;
(f) to the extent that You are required to do so by Law or the rules of any stock or securities exchange;
(g) to the extent that You are required to do so in connection with legal proceedings relating to these Terms (or the end user terms of the Third Party Enabler to which they form part); or
(h) as permitted by the Purpose.
8.3 You must 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.
8.4 If these terms expire or are terminated, all of Your rights to use or access the Product Data will immediately end, and You must at Your expense promptly return, or at our election destroy, any copies of Product Data and any other Confidential Information that are either in Your possession or under Your control, and if requested by us, provide to us a certificate signed by You verifying the destruction
9.RIGHTS TO INSPECT AND AUDIT
9.1You:
(a) grant CoreLogic and its licensees for that purpose, upon notice to You of at least seven (7) days, the right to inspect and/or audit Your records and/or system in order to assess Your compliance with this Licence; and
(b) must co-operate with any investigation concerning the use by You of the Product Data.
9.2 Without limiting the generality of clause 9.1 above, CoreLogic may within its sole discretion monitor all Product Data and Your use of the Product Data, including without limitation by accessing Product Data logs, but will not access Your systems for that purpose without giving notice in accordance with clause 9.1 above.
10.PRIVACY
10.1 To the extent any Product Data contains Personal Information, You agree to:
(a) comply with all Privacy Laws whether or not You are bound by the Privacy Laws;
(b) only use Personal Information CoreLogic discloses to You for the purposes for which that information was disclosed;
(c) take all reasonable steps to ensure that You will not act in a way that contravenes any Privacy Laws; and
(d) notify CoreLogic immediately (by email to privacy@corelogic.com.au) of any privacy complaints or events which may cause any Privacy Law to be breached in respect of the Product Data and to assist CoreLogic in dealing with any complaints or potential breaches, including proving is access to relevant information.
11.CONTINUED ACCESS TO PRODUCT DATA
11.1 You acknowledge and agree that CoreLogic’s ability to provide the Product Data to the Third Party Enabler (for Your use) is subject to its agreements with third party providers,
(a) which may expire or terminate; and/or
(b) those 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 Product Data, either on a timely basis or otherwise. You acknowledge and accept that CoreLogic does not verify the accuracy or completeness of any data supplied by any third party.
11.2 You acknowledge and agree that if You breach of any these terms, then Your access to the Product Data may be suspended or terminated immediately without notice to You.
CURRENCY
The terms of this Licence Agreement are current as and from [22 July 2022]. © 2022 RP Data Pty Ltd trading as CoreLogic Asia Pacific and CoreLogic NZ Limited. All rights reserved.