Cordell Sum Sure - Terms of Use

Introduction

1. Please read these Terms carefully. These Terms govern your access to and use of the Website and the Output.

2. By using the Website you agree to be bound by these Terms. This agreement takes effect from the point you first access the Website. If you do not accept any of these Terms, then you must cease using the Website.

3. We may change or update these Terms from time to time by posting a notice of such updates on the Website. You are required to accept any changes or updates in order to continue to access and use the Website. If you do not accept any change or update to these Terms then you must cease using the Website

4. You may not transfer any of your rights or obligations under these Terms to any person.

5. The validity, interpretation and enforcement of these Terms shall be governed by the laws of New South Wales.

Definitions

In these Terms, unless the context otherwise requires:

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 being bound by these Terms, relating to the Website, the Sum Sure calculator or the Output including such information which is (i) by its nature is confidential; (ii) is identified by either Party as confidential; or (iii) the other party knows, or ought to know, is confidential, but does not include the Excluded Information.

Creative Commons Licence has the meaning given to it in clause 24.

Customer Materials means any data, information, content, photographs, metadata and/or other materials you make available to us (or otherwise obtained by us from you (such as from your use of the Website) or that we possess of yours) directly or indirectly, from time to time.

Direct Marketing means the use and/or disclosure of Personal Information to identify, target, segment or filter and then directly communicate to an identified individual or group of individuals to market or promote goods or services to (whether or not addressed to that individual by name) by means, normally supported by a database, which uses one or more advertising media and includes, telemarketing, email, SMS, targeted online advertising (including Facebook and Google Ads), postal mail and list brokering.

Estimate has the meaning given to it in clause 7.

Excluded Information means information to the extent which:
(a)    it is in or becomes part of the public domain other than through breach of these Terms or an obligation of confidence owed to any person;
(b)    you can prove, by contemporaneous written documentation, was already known to you at the time of disclosure by us (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or
(c)    it was independently developed by the you without reference to the Confidential Information disclosed by us; or
(d)    you acquire from a source other than us where such source is entitled to disclose it.

Information has the meaning given to it in clause 15.

Land Titles Provider means providers of government Torrens Title Register information for land and property in each State and Territory.

Personal Information means 'personal information' as that term is defined in the relevant and applicable Privacy Laws, and which a Party discloses to or receives from the other Party in connection with this Agreement (including information forming part of a database).

Privacy Laws means any relevant or 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 the Privacy Act 1988 (Cth) and the Australian Privacy Principles which form part of the Act, Do Not Call Register Act 2006 (Cth) and the Spam Act 2003 (Cth); as well as any other State or Territory acts and regulations which regulate the use of Personal Information in each respective State or Territory any other binding requirement under an Australian industry code or policy relating to the handling of Personal Information.

Output means the output from the Sum Sure calculator or any other output made available to you through the Website (and includes any Output Data contained within them).

Output Data means any data or property/geospatial information contained within or provided with the Output or through the Website.

Sum Sure calculator means the Cordell Sum Sure calculator made available through the Website, and which generates the Output.

Terms means these terms and conditions (as amended from time to time in accordance with clause 3) and any terms referred to in these terms and conditions.

Third Party Information means any Output Data, other data, information, reports and other documentation or materials sourced from a Third Party Supplier.

Third Party Supplier means any third party supplier who directly or indirectly supplies us with data or information, where such data or information is then contained within or provided with or through the Website.
we or our or similar derivatives, means RP Data Pty Ltd trading as CoreLogic Asia Pacific.

Website means www.sumsure.cordell.com.au or other URL through which the Sum Sure calculator is available.

Output

6.    The Output will have those features described on the Website and we will use commercially reasonable efforts to ensure that the Website is accessible in accordance with these Terms. You will only use the Website and the Output for your own personal use (and not for any commercial gain or benefit).

7.    The Sum Sure calculator takes the answers you input (or confirm, as applicable) and analyses them against construction industry data collated by us to generate an estimated reconstruction cost of the improvements on your property (the Estimate). Use of the Sum Sure calculator and the Estimate may not be appropriate for you and you will need to assess the suitability of this Estimate given your knowledge of your property. You specifically acknowledge:

(a)    The Estimate is not intended to replace a professional valuation through a person appropriately qualified to undertake a valuation of improvement replacement costs (such as a valuer or quantity surveyor).
(b)    Where any details on your property or improvements are pre-populated by us, it is your responsibility to check that the pre-populated information is accurate and correct. If you do not amend it, we will assume that you have diligently checked that pre-populated information and agree that it is accurate and correct.
(c)    No physical inspection or reference to building features beyond what you describe to us (or have accepted as pre-populated) have been used in generating the Estimate. Except where expressly identified, no local laws (including local planning requirements) have been taken into account in generating the Estimate.
(d)    Construction costs vary regularly from time to time and by region – construction industry data used in the Sum Sure calculator is updated regularly (as it becomes available) but may not always be up to date where construction costs are volatile, and likewise the Estimate may become out of date in a relatively short period of time. Also, for certain regions, there may be less construction data available or a lower quality of information, and this may adversely affect the Estimate.
(e)    Any descriptions about the information requested for the Sum Sure calculator are simply included to assist you in completing the required information.
(f)    The Sum Sure calculator does not make any allowances for any particular insurance policy conditions or tolerances that may be contained in any insurance policy that you have or may purchase in the future.
(g)    We do not accept any responsibility for the answers you provide or the Third Party Information that the Sum Sure calculator receives, and as such, we will not be liable for the accuracy of, your reliance of or use of the Sum Sure calculator.
(h)    A map showing property boundaries is indicative only and may not be complete or accurate. Any produced map 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 then you can order these separately from us or a Land Titles Provider.

Website (requirements, access and modifications)

8.    The software used in or by the Website may be updated from time to time and we will notify you where updates will materially affect your continued use of the Website.

9.    We will endeavour to make the Website available at all times. However, you acknowledge that the Website is provided over the internet and mobile networks and so the quality and availability of the Website is not guaranteed.

10.    We will not be obliged to provide access to the Website or any Output to the extent that we are prohibited from doing so by law or any agreements with any third party.

11.    The Sum Sure calculator, the Output and their features are dynamic in nature. There is no guarantee that they will stay the same. We may:

(a)    change, refine or otherwise modify the features and functionality of the Website, Sum Sure calculator or the Output; or
(b)    cease, discontinue or temporarily suspend the availability of the Website, Sum Sure calculator or Output,
by posting a notice of such update on the Website. We will endeavour to give you 14 days’ notice of such update but may, where in our reasonable opinion, give less notice where more urgent change is required.

12.    You permit us to check that the Website and the Output are being used in accordance with these Terms.

Charges and payment

13.    We will not charge you for accessing the Website, but your internet or mobile network provider may charge you for connection services when you download and/or use the Website.

14.    Mobile devices, communications links and systems compatibility (and all costs associated with such items) are your sole responsibility. You agree that we are not responsible for any of those charges.

Copyright and other restrictions

15.    The contents of the Website, Sum Sure calculator and Output are protected by copyright and other intellectual property rights, and no part of the Website (or the Sum Sure calculator, or any Output) may be reproduced or adapted in whole or in part without our written consent. Our ability to grant consent is subject to us getting consent from our Third Party Suppliers. You will not assert any ownership or other rights in respect of any of the Website, Sum Sure calculator, the Output or any documentation, information or materials contained on or made available through the Website (together the Information).

16.    The Website and Information are made available for your own lawful internal use within Australia and you agree not to further disseminate Information supplied (whether for commercial gain or otherwise) and in particular not to publish Information by any means (including in writing or electronic dissemination) without our prior written consent. Our ability to grant consent is subject to us getting consent from our Third Party Suppliers.

17.    You agree not to use the Website or Information in creating any mailing or address list of persons or properties, to use the Website or Information for Direct Marketing activities, to sell the Website or Information to others, or to use or offer to use the Website or Information in any way that may encroach on the privacy of others or otherwise breach any Privacy Laws.

18.    In accessing the Website, you will not (and will not allow or encourage any other person to):

(a)    decompile, disassemble or otherwise reverse engineer all or any portion of the Information or the Website, including any source code, object code, algorithms, methods or techniques used or embodied therein;
(b)    data mine, scrape, crawl, create links back to, harvest or use any process or processes that send automated queries to the Website;
(c)    modify or create any derivative works based upon any Information or make copies of the Website or any Information (except for the sole purpose of back-up or disaster recovery);
(d)    remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Website or any Information; or
(e)    incorporate the Website or any Information into any other materials, products or services.

Customer Materials

19.    You grant us and each of our partners, affiliates, parent companies, related entities, successors, and assigns a worldwide, royalty-free, perpetual, irrevocable, assignable, non-exclusive right and licence to use, convert, reproduce, reformat, store, back-up, distribute, sell, transmit, perform, display (publicly or otherwise), adapt, make derivative works of and otherwise commercialise and exploit (with no obligation to account for profits) any Customer Materials either directly or in combination with other information or parties. You acknowledge that this clause 19 is also for the benefit of our Third Party Supplier and may be enforced by it.

20.    You must not provide Customer Materials that you know:

(a)    you are not authorised to provide;
(b)    are incorrect; or
(c)    have been obtained in breach of any law or obligation of confidentiality.

21.    Subject to your compliance with clause 20 above, we accept that if we and/or any of the abovementioned persons choose to exploit the abovementioned right and licence so granted by you, such commercialisation and exploitation is at our and/or the relevant licensee’s own risk and as such and notwithstanding anything contained in these Terms, you have no liability for any loss, cost or expenses that we and/or any relevant licensee/Third Party Supplier may incur as a result of such commercialisation or exploitation.

22.    You confirm to us and our Third Party Supplier that:
(a)    you acknowledge that we sometimes use customer materials supplied by another customer in our products, including the Output and in this regard, we do not endorse, support, represent or guarantee the truthfulness, accuracy and reliability of the customer materials from another customer contained within the Website.

Creative Commons Licence

23.    We are a party to a worldwide, royalty-free, non-exclusive, Creative Commons Custom Licence under which we receive certain materials used in the Website.

24.    Such material is licensed under a Creative Commons Attribution 2.5 Australia Licence (Creative Commons Licence) details of which can be found at http://creativecommons.org/licenses/by/2.5/au/legalcode. Such materials are not our property and are credited to the original author as shown in the metadata of the relevant material.

25.    We do not assert or imply any connection with sponsorship or endorsement by the original author of the use of such material.

26.    Such material available to you on the terms of the Creative Commons Licence and these Terms in no way imply that we have the right to sub-license the material to you or any third party.

27.    We do not impose any terms on the use of such material by you or any third party that alter or restrict the terms of the Creative Commons Licence or any rights granted under it or have the effect or intent of restricting the ability to exercise any such rights.

28.    We have not imposed any digital rights management technology on such material, any adaption of it or the material as incorporated with other separate works that alter or restrict the terms of the Creative Commons Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights.

Confidentiality

29.    No Confidential Information may be disclosed by you to any person or entity except:

(a)    to the extent you are required to do so by law; or
(b)    to the extent you are required to do so in connection with legal proceedings relating to these Terms.

30.    You must not use Confidential Information except for the purpose specified in clause 6.

31.    You will take any action that is necessary to prevent or remedy any breach of your confidentiality obligations or other unauthorised disclosure of Confidential Information.

32.    You will not remove, alter, obscure or otherwise modify any trademark, copyright or other proprietary notice or legal disclaimer placed on or contained within the Confidential Information.

33.    You acknowledge that due to the unique nature of the Confidential Information, any breach by you of your obligations under these clauses 29 to 32 (inclusive) would result in irreparable harm to us and our Third Party Suppliers for which there is no adequate remedy; and therefore, upon any such breach or threat thereof, we and our Third Party Suppliers 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 we and our Third Party Suppliers may have at law.

Privacy

34.    We are bound by Privacy Laws and have developed a Privacy Policy, available on our Website.

35.    You acknowledge that information transmitted over the internet is inherently insecure. To the extent that the

Website or Information contains Personal Information, You must:

(a)    comply with all applicable Privacy Laws;
(b)    only use Personal Information for the purpose for which it was disclosed;
(c)    notify CoreLogic immediately (by email to [email protected]) of any privacy complaints or events which may cause any applicable Privacy Law to be breached.

36.    We will:

(a)    comply with all applicable Privacy Laws and ensure that its employees, agents and contractors do so;
(b)    subject to its rights under this Licence, only use Personal Information that You disclose to Us for the purpose for which it was disclosed.

Limited warranties

37.    You may be entitled to certain guarantees under the Competition and Consumer Act 2010 (Cth).

38.    Except for any guarantees which cannot be excluded by law pursuant to the Competition and Consumer Act 2010 (Cth), you acknowledge that we provide no warranties or guarantees in respect of the Website other than those given in clause 6 of these Terms and all other warranties are excluded.

39.    We (and out Third Party Suppliers) expressly disclaim all warranties that:

(a)    access to the Website will always be immediate or uninterrupted;
(b)    the Website or any material accessed through the Website will be free from infection, viruses or destructive code and shall not be liable to you on any basis for any damage or loss suffered by you as a result of the Website or any material accessed through the Website infecting or damaging your mobile device, computer equipment, software or any other electronic device;(c)    the Website or Output will meet your requirements;
(d)    the Website will be error-free or that errors or defects in the Website will be corrected, however we will, where practically possible, endeavour to correct errors within a reasonable time;
(e)    any Information will be accurate, reliable or secure;
(f)    the statistical methods on which the Sum Sure calculator is based use appropriate or accurate assumptions, are fit for your particular purpose or are otherwise suitable for your use; and
(g)    the performance of the Sum Sure calculator will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Third Party Suppliers.

40.    You acknowledge and agree that to the extent that the Website contains any Third Party Information, we provide no warranties, representations or guarantees in respect of such Third Party Information (including any warranty or guarantee that the Third Party Information will be complete, accurate, free of errors, omissions and defects, up to date, not misleading or fit for purpose), except to the extent that any such warranty or guarantee implied by law cannot be excluded.

Liability and your indemnity

41.    If any Output does not comply with the relevant requirements in these Terms, we will (within a reasonable time period) either:

(a)    re-supply the Output to you; or
(b)    refund to you any charges you have paid and any direct and identifiable costs you have incurred (other than those excluded by clause 42) in respect of the Output, and
this shall be your sole remedy in respect of any defect in the Output, your use of the Website or any breach of these Terms by us, or our negligence (or that of our Third Party Suppliers), except to the extent we are unable to exclude its liability by law (in which case, our liability will be limited to the amounts referred to in clause 41(b) above.

42.    In no circumstances will any party (including when it comes to us, our Third Party Suppliers) be liable for:

(a)    any special, consequential, indirect, incidental, punitive or exemplary damages of any kind; or
(b)    damages for any loss of profits or revenue, loss resulting from interruption of business or loss of use or data, arising out of or relating to the Website or the Output, however caused, even if we or our Third Party Suppliers (as applicable) had been advised of or should have known of the possibility of such loss,
except in relation to unlawful use of our (or our Third Party Suppliers’) intellectual property or Confidential Information by you or any intellectual property infringement claims from third parties around your Customer Materials.

43.    You agree to reimburse us for any loss, liability, cost, fee or damage that we (and/or our Third Party Suppliers) and each of their related entities or partners (or any of their employees, directors or officers) incur as a direct result of:

(a)    your failure to comply with these Terms, any relevant Third Party Suppliers’ terms of use or any law;
(b)    your negligence; or
(c)    any content you submit through the Website or your reliance on the content submitted by any Third Party Supplier.

Suspension and termination

44.    We may terminate (as applicable) your right to access or use the Website at any time if you breach any material term or condition in these Terms or if you abuse the Website, the Sum Sure calculator or the Output. Examples include:

(a)    any unlawful or unauthorised use of our (or our Third Party Suppliers’) intellectual property; or
(b)    in the case of any intellectual property infringement claim from a third party around your Customer Materials.

45.    In the event of termination under clause 44 above, despite such termination, all copyright, data privacy and use of information obligations will remain in effect after termination in respect of all information, copies and compilations retained by you.
Notices

46.    Any queries you have regarding the Website should be addressed to your insurance supplier through whom you accessed the link this Website.
Third party benefit

47.    These Terms are not only expressed for our benefit but also for the benefit of our Third Party Suppliers (as it relates to matters that affect them).

CoreLogic Disclaimer

The Cordell Sum Sure calculator takes the answers you input (or confirm, as applicable) and analyses them against construction industry data collated by CoreLogic to generate an estimated rebuild cost of the improvements on your property.  Use of the Cordell Sum Sure calculator and any estimated reconstruction cost provided by it may not be appropriate for you and you will need to assess the suitability of this estimate given your knowledge of your property.  A number of qualifications apply to the estimated rebuild cost, which are set out in these Cordell Sum Sure Terms of Use.

Australian State Disclaimers 

Where Output Data (or any reports supplied by CoreLogic) have 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) 2017. 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
© 2017 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 (2017) 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:

(a) give no warranty regarding the data's accuracy, completeness, currency or suitability for any particular purpose; and
(b) 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
 

Currency

Version 1 of these Cordell Sum Sure Terms of Use are current as and from 1 June 2017. 

© 2017 RP Data Pty Ltd trading as CoreLogic Asia Pacific. All rights reserved.