Terms and Conditions of Use

1. BACKGROUND

1.1. 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.onthehouse.com.au (Website).

1.2. This Agreement constitutes a legally binding agreement between you and us and governs your use of our Website. By using the Website, including by accessing or using any OTH Services, or by signing up for an OTH Membership, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, You must immediately cease using the Website, the OTH Services or any information derived as a result of the use of any of those.

1.3. If you use our Website in your capacity as a representative of a body corporate, then you warrant that you have authority to accept this Agreement on behalf of that body corporate, and this Agreement will then bind you personally and that body corporate (and "You" in this Agreement shall include you personally and that body corporate).

2. DURATION

2.1. Subject to clause 2.2, this Agreement will commence on the earlier of when You:

  1. first access the Website;
  2. access or use any OTH Services;
  3. sign-up for an OTH Membership; or
  4. submit a Purchase Order, as defined in the Agent Terms and Conditions or the Advertiser Terms and Conditions, as applicable;

(Effective Date),

and will continue until You stop using the Website or OTH Services or the expiry of the OTH Subscription, whichever is later.

2.2. This Agreement will apply to OTH Subscriptions to which You subscribe commencing on the date You first sign-up for the OTH Subscription and will continue to apply to that OTH Subscription for the Subscription Term.

3. LICENCE

3.1. We grant to You a non-exclusive, non-transferable, non-sublicensable limited licence to access and use the OTH Services in the Territory, solely for the purpose of obtaining information relating to the real property market for personal non-commercial use (Permitted Purpose).

3.2. Acknowledgements: You acknowledge and agree that:

  1. the OTH Services may be provided by CoreLogic (and/or its Related Bodies Corporate) in which case, CoreLogic remains solely liable for the provision of the OTH Services in accordance with this Agreement; and
  2. You are not a business acting as a reseller of the Product Data.

3.3. You agree to use the OTH Services and Product Data only for the Permitted Purpose.

4. LICENCE RESTRICTIONS

4.1. You warrant and agree You:

  1. Permitted Purpose: will only use and access the OTH Services for the specified Permitted Purpose(s) and in compliance with the terms of the licence granted in this Agreement;
  2. Compliance: will only access and use the OTH Services, in compliance with the terms of this Agreement, and in accordance with all applicable Laws (including Privacy Laws or applicable industry codes);

4.2. Non-Permitted Purposes: You warrant and agree You must not use, and must not permit, aide or incite any third party to:

  1. Permitted Purpose: use the OTH Services in a way that would or may constitute a use or disclosure contrary to the Permitted Purpose;
  2. No Breach of laws: use the OTH Services in any way that would or may breach any Laws (including Privacy Laws or applicable industry codes) or otherwise use the OTH Materials for improper or unlawful purposes;
  3. Third Party Obligations: use the OTH Services in any way that would or may constitute a misuse of any person’s confidential information or infringe upon any person’s rights (including Intellectual Property Rights and Moral Rights);
  4. Misrepresentation: use the OTH Services in any way that would or may damage the reputation or goodwill of CoreLogic, alter the meaning or misrepresent the OTH Services;
  5. Defamation: use the OTH Services in any way that would or may be defamatory, offensive, injurious, unlawfully threatening or unlawfully harassing; and
  6. Listings Portal: use any of the OTH Materials for the purposes of conducting a business of either:
    1. aggregating advertisements of residential or commercial properties located in Australia for sale, rent or lease from multiple agents and others for viewing by consumers in Australia; or
    2. aggregating comprehensive property information regarding residential properties located in Australia (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 in Australia at no cost to, and freely available without a login or paywall to, consumers.
  7. Disclaimers: remove, alter or deface any registered or unregistered trademark, logo, copyright notices, CoreLogic Disclaimers or other proprietary notice appearing on or in the OTH Materials;
  8. Trade Marks: adversely affect or jeopardise the rights of CoreLogic (or its Related Bodies Corporate) to register any unregistered trade marks, whether or not an application for registration has been made;
  9. Login Sharing: without detracting from clause 17.3, share any Login Details or otherwise enable unlawful access to the OTH Materials by any other person (whether simultaneously or independent of the Customer);
  10. Misuse and Damage: without detracting from clause 4, will not, and not attempt to, interfere, damage, alter, misuse or gain unauthorised access to the CoreLogic Environment (and/or the OTH Materials) or interfere with the ability of any other user of CoreLogic’s Platforms (and/or the OTH Materials) to use the OTH Materials, or the CoreLogic Platforms;
  11. Scraping: data mine, scrape, crawl, aggregate, copy, extract or attempt to harvest (whether by any Scraping Process, ‘brute force attack’ or otherwise) the OTH Materials for any purpose, including setting up or adding another database;
  12. Reverse Engineer: decompile, disassemble, translate, replicate or otherwise reverse engineer any software programs or any portion of the OTH Materials or, as applicable, the CoreLogic Environment (including any source code, object code, algorithms, methods, processes or techniques used or embodied in them) or any OTH Materials subsisting in any Derivative Works; and
  13. No Assignment: sell, assign or transfer any right, title or interest (including any Intellectual Property Rights) in the OTH Materials to any person.

(each, a Non-Permitted Purpose).

4.3. Restricted Purposes: Except as expressly permitted in a Product Schedule, the Customer warrants and agrees it must not permit, aide or incite any third party to:

  1. External Customer Applications: use the OTH Services to support or for display on any Customer System which is accessible by members of the public (including customers of the Customer), whether or not such access is authenticated behind a login or unauthenticated;
  2. Direct Marketing: use the OTH Services in any way in connection with Direct Marketing;
  3. Distribution and Resale: charge a fee, commercialise or otherwise sell for profit any OTH Materials (including any Derivative Works) to any third party regardless of whether for on-supply, re-use, resale or otherwise;
  4. Third Party Use: use the OTH Services on behalf of or for the benefit of any third party;
  5. Copyright: copy, reproduce, publish, alter, modify, adapt, or create any Derivative Work based on whole or in part of the OTH Services;
  6. No Dealing: disclose, communicate, distribute, loan, sublicense, lease, rent, transfer, assign, commercialise or otherwise exploit the OTH Services; and
  7. Cross-border Disclosure: transfer, store, disclose or make available the OTH Services to any person located outside the Territory,

(each a Restricted Purpose).

5. INTELLECTUAL PROPERTY

5.1. You acknowledge and agree that, as between CoreLogic and You:

  1. CoreLogic, its Related Bodies Corporate and/or its third party suppliers are and remain the sole and exclusive owners of all right, title and interest (including all Intellectual Property Rights) subsisting in and to the OTH Materials (current or future) and that any Modifications will vest in CoreLogic upon creation (together, the Background IP); and
  2. nothing in this Agreement assigns or transfers to You any rights, title or interest (including any Intellectual Property Rights) in the OTH Materials.
  3. You will not (and will not enable, encourage, aide, or abet any other person to) infringe upon, harm or contest the validity of the right, title and interests in the OTH Materials by CoreLogic, its Related Bodies Corporate and/or its licensors (including the Intellectual Property Rights subsisting in the OTH Materials).
  4. You must promptly notify CoreLogic in writing where You become aware, of any actual or potential misuse of the OTH Materials or any of the Intellectual Property Rights subsisting in the OTH Materials.
  5. If at any time all or any part of the OTH Services are, or in CoreLogic’s opinion may become, subject of any claim or suit for any infringement by a third party, CoreLogic may, at its own expense and option, elect to:
    1. modify or replace the affected OTH Services so that it is non-infringing, or
    2. obtain for the Customer the right to continue using the affected OTH Services; and

If neither of those options are, in CoreLogic’s opinion, commercially reasonable, CoreLogic will have the right to terminate the affected OTH Service(s) by notice in writing to You.

6. ACCESS

6.1. You must access, receive and use the OTH Services only in accordance with the terms of this Agreement.

6.2. You may access your OTH Membership and OTH Subscriptions via the Website by entering Your Login Details.

6.3. CoreLogic will not be liable for any delay, defect, deficiency and/or loss of service in connection with the Website or OTH Services or any loss caused by or on account of any of the following:

  1. equipment, data or services supplied by You or any third party; or
  2. any telecommunications, organisation equipment, or services (including any speeds or capabilities of such equipment or services) or any requirements of the telecommunications authority.

6.4. CoreLogic reserves the right to change or refine the content, information, features and functionality of the Website or any On The House Service, without notice to You, provided that the On The House Service will at all times retain those basic features described from time to time on the Website.

6.5. If You are provided with or generate Login Details in connection with the OTH Services, You must:

  1. keep such Login details confidential and safeguard from unauthorised use;
  2. not send or disclose to any person any Login Details;
  3. 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
  4. promptly notify CoreLogic if You become aware, or have reason to suspect, that any of the Login Details required to access any aspect of the OTH Services has been disclosed to, or used by, an unauthorised person, including any person other than the user to whom the Login Details relate.

6.6. 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 OTH Services.

6.7. You will be responsible for obtaining access to the Website and/or OTH Services, and for any and all costs and expenses in connection with accessing and using the Website and/or OTH 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 OTH Services as permitted under this Agreement.

6.8. You acknowledge and agree that CoreLogic's ability to provide the Product Data is subject to its agreements with third party suppliers:

  1. which agreements may expire or terminate; or
  2. 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 OTH Services or the Product Data, either on a timely basis or otherwise.

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

6.10. You grant to CoreLogic a non-exclusive, irrevocable, perpetual, world-wide, royalty free unlimited right to use, reproduce, modify, adapt, publish, make derivative works, exploit and commercialise any Property Attribute Data provided or supplied to CoreLogic by You (including by entry into the Website by You, CoreLogic or any third party).

7. THIRD PARTY REPORTS

7.1. You acknowledge and agree that:

  1. You will be required to accept the Third Party Terms at the point of sale prior to completing an order for a Third Party Report via the Website;.
  2. a separate and new contract is formed as between You and the relevant Third Party Supplier in respect of each Third Party Report ordered by Your via the Website the terms of which include the Third Party Terms (each, a Contract);
  3. all terms, conditions, and warranties in respect of the Third Party Reports (including any rights and interests granted by the Third Party Supplier to use the Third Party Reports) are set out in each Contract;
  4. to the maximum extent permitted by Law, CoreLogic excludes all warranties (express or implied) and all liability or any Loss or Claim howsoever arising (including in tort, contract or negligence) in connection with any Third Party Reports supplied by a Third Party Supplier through the Website; and
  5. CoreLogic will not discharge or assume any obligations of a Third Party Supplier in respect of any Third Party Reports; and
  6. Third Party Suppliers may cease to provide the relevant Third Party Reports or direct CoreLogic to alter the way in which the Third Party Reports can be provided, and in such circumstances CoreLogic will not be required nor have any obligation to provide some or all of the Reports to You.
8. FEES

8.1. In consideration for supplying the OTH Subscriptions, You agree to pay CoreLogic the fees notified on the Website (Fees).

8.2. All Fees, once paid, are non-refundable, even if You stop using the OTH Subscriptions for any reason.

8.3. CoreLogic may, in its discretion, increase the Fees for any OTH Subscriptions from time to time.

8.4. Unless otherwise stated, all Fees are GST inclusive. If provision of a OTH Subscription 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. OTH Subscriptions purchased by offshore customers will not be subject to GST.

9. LIMITED WARRANTY

9.1. To the fullest extent permitted by Law, and in conjunction with the CoreLogic disclaimer which can be found at www.corelogic.com.au/about-us/disclaimer.html, all warranties are hereby excluded, and CoreLogic hereby expressly disclaims all warranties:

  1. that the Website and/or OTH Services will meet Your requirements;
  2. that the Website and/or OTH Services are fit for Your purpose or are otherwise suitable for Your use or of merchantable quality;
  3. that the Website and/or OTH Services will be compatible with, or suitable for use with, Your Software;
  4. that the Website and/or OTH Services or the resulting Product Data, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;
  5. that the statistical methods on which any of the Website and/or OTH Services are based use appropriate or accurate assumptions;
  6. that the performance of the Website and/or OTH 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;
  7. that the Product Data represents a complete and accurate record of all residential properties in Australia;
  8. that the Website and/or OTH Services will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.

9.2. You acknowledge and agree that:

  1. You will exercise Your independent judgment in accessing and using the Website and/or OTH Services and are solely responsible for ensuring, and must satisfy Yourself, that the OTH Services selected meet Your needs.
  2. the Website and/or OTH Services do not constitute an appraisal of the subject property and should not be relied upon in lieu of appropriate professional advice.
  3. CoreLogic does not provide, through the OTH Services, any investment, legal, financial or taxation advice as to the suitability of any property. Investment advice given in this Website and/or OTH 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.
  4. the accuracy of the methodology used to develop the Website and/or OTH 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.
  5. the condition of the subject property and current market conditions can greatly affect the accuracy or validity of the details contained in the Website and/or OTH Services.
  6. 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.
  7. the Website and/or OTH Services, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice.
  8. CoreLogic does not verify (and therefore does not warrant and will not be liable for any inadequacy in) the accuracy or completeness of any data supplied by any third party.
  9. CoreLogic will not provide the Website or any OTH Services to the extent it is prohibited or not authorised to do so by Law or under any of its agreements with its suppliers.

9.3. 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:

  1. in the case of goods, to any one or more of the following (as CoreLogic may in its discretion determine):
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
    4. the payment of the cost of having the goods repaired; or
  2. in the case of services, to any one of the following (as CoreLogic may in its discretion determine):
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again, except as expressly provided elsewhere in this Agreement.
  3. You warrant that You have not relied on any representation made by CoreLogic which has not been expressly stated in this Agreement (including any descriptions or specifications contained in any document including any catalogue or other material produced or made available by CoreLogic outside of this Agreement).
10. LIMITATION OF LIABILITY

10.1. To the maximum extent permitted by Law, in no event will CoreLogic's aggregate liability to You exceed ten thousand dollars (AUD$10,000).

10.2. To the maximum extent permitted by Law, CoreLogic will not be liable under or in connection with this Agreement for any Consequential Loss.

10.3. CoreLogic has no liability whatsoever to You or any other person, for:

  1. acts and omissions of, or any faults or defect in the Website and/or OTH Services caused by any third party;
  2. faults or defects in the Website and/or OTH Services which are caused by You including any failure to comply with Your obligations under this Agreement;
  3. any loss or corruption of Product Data contain on or stored in any Platform;
  4. 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’s consent); and
  5. Your inability to access or use the Website and/or OTH Services for any reason.

10.4. 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 OTH Services so that it is non-infringing, or obtain for You the right to continue using the affected Website and/or OTH 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 OTH Services is at Your sole risk.

11. CUSTOMER INDEMNITY

11.1. You indemnify and will keep 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:

  1. any breach of this Agreement by You;
  2. any representations or promises made by You to others due to or based on any Product Data;
  3. any negligent or wilful acts or omissions in connection with this Agreement by You.

11.2. The indemnity given by You in this clause 11 is reduced to the extent that CoreLogic contributes to the Losses suffered or incurred.

12. PRIVACY

12.1. CoreLogic is bound by the Privacy Act and has published a Privacy Policy in accordance with the Privacy Act and published regulatory guidelines, which is available on CoreLogic’s website (www.corelogic.com.au).

12.2 The parties must ensure that they will and their employees, agents and contractors will comply with all Privacy Laws in connection with Personal Information used, disclosed, stored or received in connection with this Agreement.

12.3. Subject to clause 12.2 and any express rights granted under this Agreement, a recipient of Personal Information (Recipient) under this Agreement must not (except to the extent authorised by Law) use or disclose any Personal Information supplied to it by the disclosing party (Discloser) under this Agreement other than for the purposes of performing its rights and obligations under this Agreement.

12.4. You must notify CoreLogic immediately (by email to privacy@corelogic.com.au) upon becoming aware of any material complaint relating to compliance or non-compliance with the Privacy Laws in respect of Personal Information collected, use or disclosed in connection with this Agreement.

12.5. The Recipient must co-operate and provide all reasonable assistance to the Discloser upon request in relation to:

  1. the resolution of any inquiry, request or complaint by an individual alleging any breach of any Privacy Laws or suspected breach of this Agreement,
  2. the rights of individuals to access and correct Personal Information; and
  3. complying with its obligations under any Privacy Law in connection with any Personal Information disclosed to the Recipient by the Discloser under this Agreement, including in respect of an Eligible Data Breach,

(each a Privacy Investigation), except to the extent that compliance with the direction would cause the Recipient to breach any Law (including Privacy Laws or applicable industry codes), obligation of confidence or contractual obligations

12.6. You hereby consent to CoreLogic providing a written notice to an affected individual detailing the outcome of any Privacy Investigation that relates to the Customer’s use of the Website, OTH Services or Product Data.

12.7. Where a Party has reasonable grounds to suspect an Eligible Data Breach has occurred (Notifying Party), the Notifying Party will:

  1. notify the other Party in writing including all relevant details regarding the Eligible Data Breach as soon as practicable upon becoming aware of such a breach; and

cooperate with the other Party to minimise reputational damage or loss of goodwill, including liaising on communications with the affected individual(s) to minimise disruption or distress to the individual.

12.8. You acknowledge and agree that by signing-up for a OTH Membership, We will collect Personal Information about you and we may use that Personal Information for the purposes of providing You:

  1. the OTH Services and other related purposes for which You would reasonably expect us to use Your Personal Information;
  2. information about our products and services including any changes, new offerings, special offers, discounts and invitations to special events in connection with our products and services by post, telephone or any form of electronic communication such as email or text message; and
  3. information and newsletters about the real estate and financial services industries, by post, telephone or any form of electronic communication such as email or text message.

12.9. You consent to receiving information from CoreLogic or its related Bodies Corporate about products and services offered by Our commercial partners, including information about the real estate and financial services industries and any special offers, discounts and invitations to special events.

12.10. You expressly consent to CoreLogic or its Related Bodies Corporate giving your name, email address and phone number to Uno Home Loans. CoreLogic does not take responsibility for the nature of any phone calls, consent, offers or any warranties associated with emails sent by Uno Home Loans. Should you have any questions or concerns regarding the offer, please contact Uno Home Loans directly.

12.11. 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.

13. COOKIES

13.1. When You use our Website, You consent to receiving cookies from Us and/or our third party partners.

13.2. Our cookie policy is set out in our Privacy Policy, which is located on our website.

13.3. 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.

14. 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 OTH Services.
  2. You permit CoreLogic at all reasonable times to check that the Website and OTH Services are being used in accordance with the terms of this Agreement.
  3. You acknowledge 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 agree to comply with and/or accept responsibility for all of CoreLogic's obligations expressed or implied in such supplier agreements including:
    1. 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 OTH Services including any records kept at Your premises; and
    2. cooperating with any investigation concerning the use by You of the Website and OTH Services.
15. GOOGLE

15.1. The OTH Services may incorporate Google Maps software provided by Google Inc. Where Google Maps software is incorporated into the OTH Services You agrees to be bound by:

  1. the "Google Maps Terms and Conditions" ; and
  2. the "Google Maps Legal Notices" ,

(together, Google Terms).

15.2. If You breach 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.

16. CONFIDENTIALITY

16.1. Neither Party may disclose any Confidential Information to any person or entity except:

  1. to the extent required by Law or the rules of any stock or securities exchange; or
  2. to the extent required in connection with legal proceedings relating to this Agreement; or
  3. as otherwise agreed in writing by the Parties;
  4. in respect of CoreLogic: employees of CoreLogic requiring the information for the purposes of this Agreement who:
    1. are aware of the confidentiality obligations imposed in this clause 14; and
    2. have entered into written confidentiality agreements with CoreLogic which require such employees to comply with confidentiality obligations no less restrictive than those set forth in this clause 14.

16.2. You must not use Confidential Information except for the purpose of exercising Your rights or performing Your obligations under this Agreement.

16.3. Notwithstanding clauses 16.1 and 16.2, You may disclose parts of the Product Data, or conclusions or summaries of information based on the Product Data, provided that You have first obtained CoreLogic's prior written consent for such disclosure and You give CoreLogic credit as the source for the underlying data in a manner reasonably instructed by CoreLogic.

16.4. 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.

16.5. You acknowledge that due to the unique nature of the Confidential Information, any breach by You of Your obligations under this clause 16 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

16.6. 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.

16.7. 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 are listed.

16.8. 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.

17. BREACH AND TERMINATION

17.1. In the event that You breach any term of this Agreement, CoreLogic may, at its election, do any or all of the following:

  1. suspend or terminate Your access to the OTH Services or Product Data immediately upon written notice to You;
  2. commence proceedings against You for any Loss or damage CoreLogic suffers as a result of the breach;
  3. 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.

17.2. CoreLogic reserves the right to suspend or terminate Your access to the OTH Services:

  1. where CoreLogic or its service providers reasonably believe that You have used or disclosed the OTH Services, Product Data or other Confidential Information in a manner not permitted under this Agreement or otherwise have materially breached this Agreement;
  2. where an event of Force Majeure occurs that affects CoreLogic's ability to provide the OTH Services or Product Data; or
  3. upon 30 days written notice to You at any time.

17.3. If any unauthorised use is made of the OTH Services or the Product Data by any person or entity other than You and such use is attributed to Your act or default, 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.

17.4. 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:

  1. You become insolvent; or
  2. You commit a breach of this Agreement, and
    1. the breach is material and not capable of being remedied; or
    2. the breach is capable of being remedied and You fail to remedy the breach within thirty (30) days of being notified in writing of the breach by CoreLogic.

17.5. In the event that this Agreement is terminated or expires, all of Your rights to use the OTH 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 OTH Services, Product Data and other Confidential Information that are either in Your possession or under Your control.

17.6. 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.

17.7. The following clauses will survive any termination of this Agreement: 5; 6; 9; 10; 11; 12; 14; 15; 16 and 20.

18. EXPIRY OF SUBSCRIPTION PRODUCTS

Following the Subscription Term, Your access to any OTH Subscription will terminate without notice. Should You require continued access to any OTH Subscription, You must sign up for a further Subscription Term via Your OTH Membership.

19. NOTICES

19.1. All notices under this Agreement will be in writing addressed to the Parties as follows:

  1. CoreLogic: Level 6a, 388 George Street, Sydney NSW 2000;
  2. You: to the postal address or email address provided by You when You registered for an OTH Services Account or a OTH Subscription.

19.2. Notice will be deemed given:

  1. in the case of hand-delivered mail upon delivery;
  2. in the case of ordinary mail on the fourth day after the date of posting;
  3. in the case of email transmission upon completion of successful transmission.

19.3. 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.

20. MISCELLANEOUS

20.1. No right under this Agreement will be deemed to be waived except by notice in writing signed by the Party to be bound.

20.2. This Agreement will be governed by and construed in accordance with the Laws in force in the State of New South Wales. Each Party submits to the non-exclusive jurisdiction of the courts of that place.

20.3. 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.

20.4. 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.

20.5. 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.

20.6. The rights and remedies provided in this Agreement are in addition to other rights and remedies given by Law independently of this Agreement.

21. GOVERNMENT SUPPLIER TERMS

The following terms and conditions apply to Your use of and access to any Product Data or OTH Services.

21.1. In addition to the restrictions set out in the General Terms and Conditions, the Customer and its employees, agents and contractors must not:

  1. use or distribute QVAS Identified Information for Direct Marketing or with the intention of encroaching upon the privacy of a Consumer; or
  2. use any LPI Personal Information within or comprising the OTH Services or Product Data for any purpose other than appropriate and legal data verification purposes.

21.2. Where the Product Data contains data (VA Data) supplied by the Western Australia Land Information Authority (Landgate), You agree that You:

  1. will only use the VA Data for its personal or business purposes and will not sell, license, hire, let, trade or expose for sale the VA Data or part thereof;
  2. will not use the VA Data for the purposes of direct marketing, being any activity which makes it possible to offer goods or services or to transmit other messages to a third party aimed at informing or soliciting a response from the third party, as well as any service ancillary to the same.

21.3. You further acknowledge and agrees that:

  1. the VA Data is derived from Landgate’s location information, © Western Australian Land Information Authority (Landgate);
  2. Landgate owns all copyright in the location information which is protected by the Copyright Act 1968 and apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968, all other rights are reserved and no location information, or part thereof, may be reproduced, distributed, commercialised or re-used for any other purpose without the prior written permission of Landgate;
  3. the location information that the VA Data is derived from is provided by Landgate in good faith on an “as is” basis;
  4. while Landgate has made every effort to ensure the accuracy, reliability, completeness and suitability of the location information, Landgate does not give any guarantee or take any responsibility or accept any liability (including liability in negligence) arising from or connected to any errors or omissions in the location information;
  5. Landgate accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the location information and that reliance should only be placed on the original source documents such as the certificate of title and survey plan available from Landgate;
  6. You must exercise its own skill and care with respect to the use of the location information, and before relying on the location information, users should carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances;
  7. areas and dimensions shown in location information and VA Data may be approximate values only and You must refer to official registered documents, survey plans, diagrams etc available from Landgate for accurate area, dimensions and other information; and
  8. the location information that the VA Data is derived from may be subject to privacy legislation and contractual restriction on its publication. Landgate takes no responsibility for any breach of privacy legislation by any person in relation to the location information.

21.4. Where the Product Data contains data supplied by any department or authority of the State of Queensland (Qld Authority), You agrees to these Standard Terms:

  1. Ownership: You have no rights of ownership in the Licensed Data. The State of Queensland (Department of Resources) is the owner of the intellectual property rights including copyright in and to the Licensed Data or has the right to make it available under licence arrangements, and has made a licence arrangement with CoreLogic;
  2. Liability: the State of Queensland (Department of Resources) gives no warranty in relation to the Licensed 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 Licensed Data;
  3. Permitted Use: You will not use the Licensed Data to provide a Mail Merge Functionality, or with the intention of encroaching upon the privacy of an individual or for Direct Marketing, and will comply with the Privacy Laws and the PIIPD Code of Conduct as applicable; and
  4. Personal Use: You will only use the Licensed Data received from CoreLogic for Your own personal use or in the ordinary course of Your business (eg. Solicitor, accountant, valuer etc.), and that You are not a business acting as a reseller of Licensed Data Products.

21.5. Where the Product Data contains data supplied by any department or authority of the State of South Australia, the Customer acknowledges and agrees that:

  1. Warning: The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State of South Australia (the "State") (SA Data). The SA Data is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State. The software by which the SA Data is provided is not represented to be error free. No responsibility is accepted by the State for any reliance placed by any person upon the SA Data, or the software by which it is provided. Persons acquiring or using the SA Data and its associated software must exercise their independent judgement in doing so;
  2. Copyright: Copyright in the SA Data remains with the State of South Australia. The information is reproduced under licence from the State; and
  3. Privacy: The SA Data contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

21.6. In this clause 21, the following capitalised words have the meaning given below:

Access means any form of access to the Licensed Material or any information containing, sourced, extracted, modified, based on, utilising, generated or in any way derived from the Licensed Material, including accessing the same via Download, Enquiry and Read Only Access functions;

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

CoreLogic website means the website maintained by CoreLogic through which You may access the OTH Services, Products and/or Product Data, as the case may be.

Direct Marketing means one to one marketing using personal details (e.g. name, address, email address or other personal information), normally supported by a database/resource, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing, and list brokering;

Licensed Data means data that is owned by or licensed to the State of Queensland (Department of Resources) and has been licensed to CoreLogic under an agreement.

Licensed Data Product(s) means any Value Added product derived from or based on the Licensed Data or any other Licensed Data Products(s).

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 or other similar departments in other States or Territories.

Mail Merge Functionality means a facility under which a form letter can be sent to many recipients with each letter personalised using a Licensed Data Product. The facility takes each recipient’s name and/or address (from a Licensed Data Product) and enters it in its usual place on a form letter, and may also print out mailing labels;

PIIPD Code of Conduct is the Personal Identification Information in Property Data Code of Conduct for access to bulk data including identified information in the Queensland Valuation and Sales System (QVAS) database. More information about the PIIPD Code of Conduct can be found at www.propertydatacodeofconduct.com.au;

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);

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.

Register of Excluded Parties means a register maintained by the Code Oversight Committee of parties (whether organisations or individuals) who are prohibited from receiving access to the QVAS Database from CoreLogic or any other broker supplying QVAS data to customers.

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

22. DEFINITIONS AND INTERPRETATIONS

22.1. In this Agreement, unless the context otherwise requires, the following words will have the meaning set out hereunder:

Agreement means these On The House General Terms and any other terms which may apply, including the Agent Terms and Advertiser Terms.

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whatsoever arising and whether present or future, fixed or unascertained, actual or contingent whether arising in contract (including under an indemnity), tort (including negligence), statute, equity, at Law or otherwise.

CoreLogic means RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171).

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, including the terms of this Agreement and the commercial arrangements between the Parties, relating to the OTH 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:

  1. special, indirect, 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); or
  2. loss not in the ordinary contemplation of the Parties upon entering into this Agreement.

Direct Marketing includes 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 for the purposes of marketing or promoting goods and/or services (whether or not addressed to that individual by name) by any means and includes, telemarketing, email, SMS, targeted online advertising (including Facebook and Google Ads), mail or flyer drops and list brokering.

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

Eligible Data Breach has the meaning given to that term under clause 26WE of the Privacy Act in respect of Personal Information which is disclosed to or received by a Party under or in connection with this Agreement.

Excluded Information means Confidential Information which:

  1. is in or becomes part of the public domain other than through breach of this Agreement or an obligation of confidence owed to CoreLogic;
  2. 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
  3. You acquire from a source other than CoreLogic where such source is entitled to disclose it.

Fee has the meaning given at clause 8.1.

Force Majeure means any circumstances beyond a Party's control including strikes or industrial disputes, acts of God, acts of government, refusal of licence, failures or outages of any utilities (including telecommunications and data communication equipment or services), denial of service attacks, fire, explosion, floods, cyclone, tsunami or other extreme weather events, aircraft unserviceability or unavailability, war, terrorism or civil disturbance, or impossibility of obtaining material and/or data.

General Terms and Conditions means these general terms and conditions.

GST has the meaning it has in the GST Act.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all industrial and intellectual property rights throughout the world protected or recognised at Law and includes all current and future registered and unregistered rights relating to:

  1. trade marks, business names, domain names, copyright works, databases, software, circuit layouts, designs, patents, trade secrets, know-how, inventions and discoveries, and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967; and
  2. any application or right to apply for the registration of any of the rights referred to in paragraph (a) above.

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 OTH Membership or a OTH Subscription.

Loss means means all liabilities, losses, damages, outgoings, costs and expenses including reasonable legal costs (on a solicitor-client basis) and any penalties or fines imposed by a regulatory authority.

OTH Freemium Content means the products and services (including Product Data) which may be accessed by You through the Website free of charge for the Permitted Purpose under the terms of this Agreement.

OTH Membership means the free account you may create to access additional free products and services (including Product Data) via Website including to sign-up to and manage newsletter subscriptions which may be accessed and managed by logging into the Website using Your Login Details.

OTH Reports means the various property reports supplied by CoreLogic including Product Data, market commentary and other property information and which may be downloaded by You via the Website in consideration for the Report Fee and may be used for the Permitted Purpose in accordance with this Agreement.

OTH Services means the OTH Freemium Content, the OTH Subscriptions, Your OTH Membership, the Utilities Connection Service, and any OTH Reports supplied through the Website.

OTH Subscription means the premium products and services (including Product Data) in addition to the OTH Membership services which may be accessed by You through the Website in consideration for the Fees charged on a subscription basis for the Subscription Term.

Party and Parties means CoreLogic and You.

Permitted Purpose means the specified purposes for which the Website and OTH Services may be used by You as specified at clause 3.1.

Personal Information means 'personal information' as that term is defined in the relevant and applicable Privacy Laws, and which is disclosed to or received by a Party under or in connection with this Agreement.

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 and includes 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 and any other binding requirement under an Australian industry code or policy relating to the handling of Personal Information.

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

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 data, facts, information, statistics, analytics, indices, results, reports, OTH Reports, 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 under or in connection with this Agreement.

Property Attribute Data means factual information relating to a real property (including recent sales activity) or the physical characteristics of that property including:

  1. internal features such as living area, number of bedrooms, bathrooms, floor levels, number of car spaces and type;
  2. external features such as construction type and materials, roof type, land size, property aspect, land and yard feature; property improvements (such as pool); and
  3. year built or renovated.

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

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

Third Party Reports means a property services report provided by a Third Party Supplier in response to a request submitted through Website by You pursuant to a separate Contract between You and the Supplier.

Third Party Supplier means a property services supplier (whether a company, partnership or individual) who has agreed to supply the Third Party Reports to Website end users (such as You) in accordance with the Third Party Terms.

Third Party Terms means the terms on which the Third Party Supplier has agreed to supply, the Third Party Reports, displayed on the Website and accepted by You at the point of sale.

Utilities Connection Service means a household utilities connection service which compares and allows applications to purchase utilities products and services provided by various third parties such as energy, gas and telecommunications providers at a nominated address.

Website means the On The House website located at www.onthehouse.com.au.

22.2. 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.

Currency

Version 2 of these On The House Terms of Use are current as and from 16 June 2022.

© 2024 RP Data Pty Ltd trading as CoreLogic Asia Pacific. All rights reserved.

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