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 Cotality may agree with the Third Party Enabler to take assignment of its rights under its contract with You, so that Cotality may enforce these Terms against You directly.
1.2 Any modification of these Terms are governed by the terms agreed between Cotality and the Third Party Enabler, which include the right for Cotality to modify these Terms. Any modification of these Terms will be posted as a full set of terms at cotality.com/au/legal/end-user-terms.
2. Definitions and Interpretations
2.1 In these Terms, unless the context otherwise requires, the following words will have the meaning set out below:
- Confidential Information
- 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) Cotality'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.
- Cotality
- (a) RP Data Pty Ltd where the Territory is Australia; or (b) CoreLogic NZ Limited where the Territory is New Zealand.
- Consequential Loss
- 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.
- Consumer
- an individual whose Personal Information appears in any field in the QVAS Database.
- Direct Marketing
- 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.
- Intellectual Property Rights
- 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.
- Personal Information
- 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.
- Product Data
- 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 Cotality to the Third Party Enabler for use in the Third Party Application (including any platforms) or as otherwise originates from Cotality and is provided to You by the Third Party Application.
- Territory
- (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.
- Third Party Application
- the web-based application maintained and hosted by the Third Party Enabler through which You access the Product Data.
- Third Party Enabler
- the third party (unrelated to Cotality) which has licenced the Product Data from Cotality and/or through whose application You have accessed the Product Data.
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 Cotality. Any attempted use of the Product Data outside of the Purpose may infringe upon the Intellectual Property rights of Cotality (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:
- use the Product Data for any purpose other than the Purpose;
- 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;
- 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;
- 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;
- remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Product Data;
- use any robot, spider, screen scraper, data aggregation tool or any other process that sends 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;
- incorporate any portion of the Product Data into any other materials, products or services outside the Purpose;
- 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;
- use or rely on the Product Data in any aspect of the verification process for providing credit to a customer; and
- use the Product Data for the purposes of: (i) carrying out searches by name, such as the purchaser(s) name or vendor(s) name; (ii) aggregating advertisements of residential or commercial properties for sale, rent or lease from multiple agents and others for viewing by consumers; or (iii) aggregating comprehensive property information 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 cotality.com/au/legal/third-party-restrictions (Australia) or cotality.com/nz/legal/third-party-restrictions (New Zealand).
4. Intellectual Property
4.1 You acknowledge and agree that Cotality (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; that 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; that You will not, and will not permit any other person or entity to, infringe upon, harm or contest the validity ownership by Cotality of the Product Data, or the creations, inventions and Intellectual Property Rights contained or embodied within the Product Data; that You will not make copies or derivative works of the Product Data; and that 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 Cotality 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 Cotality (or its third party providers) are excluded. Without detracting from this, You acknowledge and accept that Cotality (and its third party providers) expressly disclaim all warranties that the Product Data will meet, or be suitable for, Your requirements; that the Product Data will be error-free, accurate, complete, current, correct, reliable or secure, or otherwise up to date; 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; 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 that the Product Data will not be affected by data entry errors.
6. Disclaimers
6.1 Cotality makes Product Data available subject to certain product display guidelines and disclaimers. These display guidelines and disclaimers vary depending on the nature of Product Data being provided. 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 Cotality 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.
7.2 To the extent that Cotality is found liable to You at law or otherwise, You agree that Cotality 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 Cotality's opinion may become, the subject of any claim or suit for any infringement, Cotality may, at its own expense and option, modify or replace the affected Product Data.
8. Confidentiality
8.1 You must ensure that You keep confidential and safeguard from unauthorised use any Login Details; do not send or disclose to any person any Login Details; 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 promptly notify Cotality 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.
8.2 You agree to keep all Confidential Information confidential and You must not disclose it to any person or entity except: Your employees, accountants, financial advisers, legal advisers, auditors and regulators requiring the information for the purposes of these Terms; to the extent that You are required to do so by Law or the rules of any stock or securities exchange; to the extent that You are required to do so in connection with legal proceedings relating to these Terms; or 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.
9. Rights to Inspect and Audit
9.1 You grant Cotality 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 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, Cotality 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.
10. Privacy
10.1 To the extent any Product Data contains Personal Information, You agree to comply with all Privacy Laws whether or not You are bound by the Privacy Laws; only use Personal Information Cotality discloses to You for the purposes for which that information was disclosed; take all reasonable steps to ensure that You will not act in a way that contravenes any Privacy Laws; and notify Cotality immediately (by email to AU-Privacy@Corelogic.com or NZ-Privacy@Corelogic.com) of any privacy complaints or events which may cause any Privacy Law to be breached.
11. Continued Access to Product Data
11.1 You acknowledge and agree that Cotality's ability to provide the Product Data to the Third Party Enabler (for Your use) is subject to its agreements with third party providers, which may expire or terminate, and that in such circumstances Cotality may not be able to, and will have no obligation to, provide some or all of the Product Data.
11.2 You acknowledge and agree that if You breach any of 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 1 July 2025. © 2025 RP Data Pty Ltd trading as Cotality, and CoreLogic NZ Limited trading as Cotality. All rights reserved.
