Australia's most popular property reports

Acknowledgment of MyRP’s Terms and Conditions

PRIVACY

That you are aware of your obligations under the:

(a) Privacy Act 1988 (Cth);

(b) Privacy and Personal Information Protection Act 1998 (NSW);

(d) Information Act 2002 (NT);

(e) Personal Information Protection Act 2004 (Tas) and

(f) Our Privacy Policy

and you agree to comply with these statutes, our privacy policy and the National Privacy Principles when using any product or product data provided to you by RP Data.

ADVERTISING

1.	The website contains links to websites operated by third parties. The linked websites are not under the control of RP Data Pty Ltd. RP Data Pty Ltd is not responsible for the contents of any linked website. RP Data Pty Ltd only provides these links to you for assistance and convenience to you. RP Data Pty Ltd does not endorse the web site or any offer. You link to any such website entirely at your own risk.

2.	The website may contain third party advertisements which contain hyperlinks or which include referral buttons to websites operated by third parties. In some instances, the advertisement will contain representations or offers by the third party advertiser, which you can accept by linking to the advertiser's website. The third party advertiser is solely responsible to you for the delivery of any goods or services you may purchase on the third party website.

RETURNS POLICY

If we are satisfied that you received an item you didn’t order we will refund the purchase price in full. You may return items sold by RP Data Pty Ltd within 24 hours of purchase for a full refund if RP Data Pty Ltd is satisfied that the item is materially defective.

REFUNDS POLICY

Unless the report we have provided to you is in RP Data Pty Ltd’s opinion materially defective no refund will be provided.

RISK OF LOSS POLICY

All reports purchased from us are delivered via the Internet. This means that the risk of loss and title for such items pass to you upon your computer receiving the report.

VICTORIAN REPORTS - WHY ARE THEY DIFFERENT?

As a requirement of the State of Victoria, address information includes street name and suburb. All sales dates include month and year of the reported sale. RP Data currently holds all VG recorded sales records from August 2001 to current day, for the purposes of statistics, records from 2002 to current day are used.

SA GOVERNMENT NOTICE - RP REPORTS VERSION 1.2

1.	Warning

	(a) The information contained in this dataset is extracted from records of the land status and cadastral boundary definition held by the Government of the State of South Australia (the “State“). The Information 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. (b) The software by which the information is provided is not represented to be error free. (c) No responsibility is accepted by the State for any reliance placed by any person upon the information, or the software by which it is provided. Persons acquiring or using the information and its associated software must exercise their independent judgement in doing so.

2.	Copyright

	Copyright in the information remains with the Crown in right of the State of South Australia. The information is reproduced under licence from the Crown.

3.	Privacy

	The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

LICENSE AGREEMENT FOR ACCESS TO WESTERN AUSTRALIAN PROPERTY INFORMATION

WARNING

Permission to use this database is conditional upon you, the customer, acknowledging the Copyright and Disclaimer notice set out below. By clicking "I agree" at the end of this notice, you will be deemed to have acknowledged the Copyright and Disclaimer notice. If you do not wish to acknowledge this notice, you must click "I disagree" and you will not be permitted to use the database.

Copyright in all information and products sourced from Landgate including text, graphics, icons, sound recordings and software (.Materials.), is vested in the Western Australian Land Information Authority (.Landgate.) on behalf of the State of Western Australia. Information in the Materials is based on information provided by and with the permission of the Western Australian Land Information Authority (2011) trading as Landgate

This copyright is protected under the Copyright Act 1968 (Cth) and similar statutes that may apply in your jurisdiction. All rights in the Materials are reserved accordingly and no information may be adapted, reproduced, stored, distributed, transmitted, printed, displayed, published, commercialised or reused for any other purpose, without the prior written permission of Landgate (email geodata@landgate.wa.gov.au). Authorised reproductions must also acknowledge Landgate as the source of the information and the owner of the copyright.

DISCLAIMER

While the Materials have been formulated in good faith, Landgate does not warrant or represent that such Materials are free from errors or omissions, or that they are exhaustive.
Persons using Materials remain responsible for making their own assessment of the Materials and should verify all Materials with their own professional advisers. Landgate also reminds such persons that the Internet is not a secure medium and communications to and from websites may be intercepted or altered in transit (including the attachment of viruses that may damage computers).

Landgate, to the extent permitted by law:

• disclaims all express or implied warranties, representations or endorsements for the Materials, including all implied warranties of merchantability, fitness for purpose or non-infringement of intellectual property rights; and

• does not warrant or accept any liability for the Materials as to their quality, suitability, completeness or accuracy.

Materials are made available on the condition that Landgate and its employees and agents will not be liable for any loss, damage, cost or expense, whether direct, indirect, consequential or special, which may be incurred by or arise from any person.s use or reliance on the Materials, whether caused by error or omission in the Material or otherwise.

While the Materials are considered true and correct at the time of publication, changes in circumstances after publication may affect accuracy of the Materials. Materials may change without notice as a consequence, be updated or improved. This means Landgate will not be liable for the accuracy of any Materials printed or stored by any person.

Information contained in the Materials may also be subject to the Commonwealth Privacy Act 1988, Western Australian privacy laws and contractual restrictions. This means such information must not be used for the direct marketing of goods and services, or be released to any person or entity for the purpose of such direct marketing. Landgate disclaims all responsibility for information obtained from the Materials by any person or entity, where such information breaches the relevant privacy laws referred to previously.

QLD DATABASE LICENCE AGREEMENT

Warning

Permission to purchase a Queensland Property Report is conditional upon you, the customer, having read, understood and accepted all terms of this agreement as set out below. By clicking "I Agree" at the end of this agreement, you will be deemed to have accepted the following terms. If you do not wish to accept these terms, you must click "I Don‘t Agree".

Definitions and Interpretations

1.1 In this agreement, unless the contrary intention appears or the the context otherwise requires, the following definitions apply:

(a) 'Direct Marketing' means one to one marketing, normally supported by a database, which uses one 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.

(b) 'Licensed Data' means data that is owned by or licensedto the State of Queensland (Department of Natural Resourcesand Mines) and licensed to other under agreements.

(c) 'Licensed Data Product' means any Value Added product derved from or baseon the Licensed data or any Licensed data Product. Value Adding means any augmenting, repackaging or incorporating of RP Data's data, or other data licensed to RP Data, with the Licensed Data. Conversion of the Licensed Data onto different media for the translation into a different format is not Value Adding.

(d) 'Hardcopy Product; means any printed paper-based (not in electronic form) Licensed Data Product.

1.2 A reference to the singular includes the plural and vice versa and each reference to a person includes reference to a legal entity including a corporation or organisation.

1.3 A reference to ‘writing‘ includes any typewriting, printing, lithography, photography and any other mode of representing or reproducing words in a permanent and visible form.

1.4 Headings are not included in the operative part of this agreement and should not be used in the interpretation of the agreement.

1.5 In the event of any inconsistency between the terms of this agreement and the terms of any other contract you may have with RP Data for the supply of equipment, programmes and data, the terms of this agreement will prevail to the extent of the inconsistency.

Ownership

You acknowledge that you have no rights of ownership in the Licensed Data or the Licensed Data Products and all Intellectual Property Rights in respect of the Licensed Data are retained by the State of Queensland (Department of Natural Resources and Mines), and in respect of Licensed Data Products, are retained by the State of Queensland (Department of Natural Resources and Mines) and/or RP Data.

Warranty, liability and indemnity

3.1 You acknowledge that the Licensed Data Products cannot be guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of this agreement.

3.2 You acknowledge that RP Data supplies the Licensed Data Products to you at your own risk. In particular, and without limitation, RP Data does not warrant that the Licensed Data Products are current, accurate or complete and gives no warranty as to the condition, quality or fitness of the Licensed Data Products for your requirements.

3.3 Except for warranties expressly made in this agreement, all conditions, warranties, undertakings or representations, express or implied, and whether arising by statute, general law or otherwise, are to the extent permitted by law, expressly excluded. In the event that any statute implies terms, conditions or warranties into this agreement which cannot be lawfully excluded, such terms, conditions and warranties will apply to this agreement, save that the liability of RP Data for breach of any such implied term will be limited, at the option of RP Data, to any one or more of the following:

(a) the replacement of goods to which the breach relates or the supply of equivalent goods;

(b) the repair of such goods;

(d) the payment of the cost of having the goods repaired.

3.4 Except as expressly provided to the contrary in this agreement, RP Data will not be liable to you for any loss or damage, including special, indirect or consequential damages (such as loss of profits) sustained by you in connection with this agreement, the Licensed Data or the Licensed Data Products, or arising out of a breach of this licence, or arising out of the supply of a defective database.

3.5 You acknowledge that you have exercised your independent judgement in choosing to access and use the Licensed Data Products and have not relied on any representation made by RP Data which has not been stated expressly in this agreement, or upon any descriptions or illustrations or specifications contained in any document other than this agreement, including catalogues or publicity material produced by RP Data.

3.6 You will indemnify RP Data (and its officers, employees and agents) ('the indemnified parties') and hold the indemnified parties harmless fully against all losses or liabilities, costs and expenses (including reasonable legal costs and expenses) which the indemnified parties may incur to a third party as a result or in respect of your breach of any of the provisions of this agreement.

3.7 You acknowledge that the State of Queensland (Department of Natural Resources and Mines) does not guarantee the accuracy or completeness of the Licensed Data, and does not make any warranty about the Licensed Data.

3.8 You agree that the State of Queensland (Department of Natural Resources and Mines) is not under any liability to you for any loss or damage (including consequential loss or damage) arising out of your use of the Licensed Data Products.

Privacy and Security

4.1 You agree that you will not use the Licensed Data or Licensed Data Products with the intention of encroaching upon the privacy of an individual and you will comply with the Privacy Laws at all times in your use of the Licensed Data or Licensed Data Products.

4.2 You agree that you will not use the Licensed data or Licensed Data Products for direct marketing.

5.1You agree to display the applicable copyright notice and disclaimer notice as follows:

(a) all reproductions of the Licensed Data, however altered, reformatted or redisplayed, must bear the following notice:

© The State of Queensland (Department of Natural Resources and Mines) [year of publication].

(b) all Licensed Data Products must bear the following notice and must refer to the relevant data in the Licensed Data Products:

Based on data provided with the permission of the Department of Natural Resources and Mines: [Data Type (month/year)].

The Department of Natural Resources and Mines makes no representations or warranties about accuracy, reliability, completeness or suitability of the data for any particular purpose and disclaims all responsibility and all liability (without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason.

Permitted use terms

6.1 You accept that use of the Licensed Data Products by you is limited to your own personal use or for use in the ordinary course of your business. You will not reproduce, repackage, on-sell or distribute Licensed Data Products for reward or otherwise to any other third party, nor will you produce any products incorporating this data for commercial use or otherwise, except for those Hardcopy Products that you are allowed to give away free of any charges.

6.2 The Hardcopy Products are to be distributed at no charge and cannot be amalgamated into or combined with other products and services for which a charge is levied or a fee paid.

6.3 If you engage a Consultant and provide Licensed Data Products to that Consultant (where that Consultant must receive no commercial consideration from the use of the Licensed Data Products except for the fee paid to it by you), you will ensure that the Consultant has entered into a signed written agreement with you incorporating clauses 1.1, 2, 3, 4, 6 and 8 of this agreement.

Permitted use terms - Consultants

7.1 You will ensure that your written agreements with Consultants entered into pursuant to clause 6.3 of this agreement, contain the following obligations on the Consultant:

(a) the Consultant must not use the Licensed Data or Licensed Data Products for any purpose whatsoever other than the specific consultancy project for which they were provided;

(b) the Consultant must not distribute any Licensed Data or Licensed Data Products supplied to it to any third party with the exception of sub-contractors, provided that its sub-contractors sign a written agreement with the consultant that includes clauses 1.1, 2, 3, 4, 6 and 8 of this agreement; and

(c) upon expiration or earlier termination of the Consultant's consultancy agreement, the Consultant must return to you or destroy any copies of the Licensed Data or Licensed Data Products in its possession.

Age

You must be 18 years of age or older to purchase this report. In accepting the terms of this agreement, you warrant that you are 18 years of age or older.

TASMANIAN COPYRIGHT/ACKNOWLEDGEMENT STATEMENT

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

GENERAL TERMS & CONDITIONS

This PRODUCTS AGREEMENT is entered into as of the “Effective Date“ which we record as the date that you pay for any Products or Product Data, between RP Data Pty Ltd and its related bodies corporate.

DEFINITIONS AND INTERPRETATIONS

1.1 In this agreement unless the context otherwise requires, the following words will bear the meaning set out hereunder:

“Code Oversight Committee” means the committee established to administer the QVAS Code of Conduct.

“Company” means RP Data Pty Ltd 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 the Customer before, on or after the date of this Contract, relating to the valuation products, product information services or the business, technology or other affairs of the Company, including any data (including Product Data), valuation and market share analyses, valuation models and tools, indices, programs or algorithms.

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

“Contract” means this Products Agreement which consists of these General Terms & Conditions and any additional terms and conditions displayed on any Referring Page.

“Customer” means you.

“Customer Materials” means any and all data, information, content, photographs and other materials provided or that may be supplied to the Company by the Customer (or otherwise obtained by the Company from the Customer), directly or indirectly, from time to time.

“Direct Marketing” means one to one marketing, normally supported by a database, which uses one or more advertising media to affect a measurable response and / or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging, postal canvassing and list brokering.

“Effective Date” has the meaning set forth in the first paragraph to these General Terms and Conditions.

“Excluded Information” means Confidential Information which:

(a) is in or becomes part of the public domain other than through breach of this Contract or an obligation of confidence owed to the Company;

(b) the Customer can prove, by contemporaneous written documentation, was already known to it at the time of disclosure by the Company (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or

“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Initial Period” has the meaning set forth in clause 2.

“Insolvent” means, with respect to an entity, that such entity is or states that it is insolvent, is unable to pay its debts as they come due, is in liquidation, is under administration or has a controller appointed to its property, ceases conducting business in the normal course, is subject to any arrangement to protect itself from creditors or dissolves.

“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).

“Party” and “Parties” means the Company and the Customer.

“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.

“Product Data” means any data or results, including any property information, ownership information, sales information, photographs, valuation or market share analyses, index results or alerts, contained within or provided through the Products.

“Products” means those property information services and/or valuation products ordered through any one of the Company's websites including Reports and Subscriptions.

“QVAS Code of Conduct” means code of conduct established by the State of Queensland (Department of Environment and Resource Management) to (amongst other objectives) mandate a high degree of privacy protection for bulk data access to QVAS Identified Information.

“QVAS Database” means the Queensland Valuation and Sales System (QVAS) database administered by the Department of Environment and Resource Management (DERM) or any successor agency that takes responsibility for the management of the QVAS Database.

“QVAS Indentified 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 the Company or any other broker supplying QVAS data to customers.

“Referring Page” means any page that hyperlinked the Customer to this page.

“Report” means a report (whether written, electronic or in any other form including prints of a screen display) delivered to a Customer through any one of the Company's websites or otherwise containing any Product Data.

“Renewal Period” has the meaning set forth in clause 2.

“Subscription” means a subscription to any Product Data or periodic delivery of Reports.

“Territory” means Australia and New Zealand.

1.2 The headings in this Contract 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 or Schedule is a reference to a clause or Schedule to this Contract. Words importing the singular number will include the plural and vice versa, and words importing the masculine gender include all other genders.

DURATION

2.1 In the case of Subscriptions, this Contract will commence on the Effective Date and will continue for the initial period set forth on any Referring Page (the "Initial Period"); thereafter, this Contract will automatically renew for subsequent one (1) year renewal periods (each, a "Renewal Period") unless otherwise specified on any Referring Page. If either Party gives the other Party notice of its intent to not renew at least ninety (90) days prior to the end of the Initial Period or any Renewal Period there shall be no further Renewal Period. Notwithstanding the foregoing, this Contract may be terminated earlier in accordance with clause 12.

2.2 In the case of Reports, the terms of this Contract apply except where their application would in whole or in part be inconsistent with a one-off purchase. The remainder of this Contract has full force and effect to the purchase of Reports.

LICENSE AND RESTRICTIONS

3.1(a) Subject to the terms of this Contract and the Customer's performance of its obligations, in the case of Subscriptions the Company hereby grants to the Customer a no-exclusive, non-transferable, non-sublicensable limited license during the Initial Perios and each Renewal Period (if any) to access and use the Products and the Product Data in the Territory, within the Customer's enterprise only and solely for the Customer's internal business purposes in the Territory.

3.1(b) Subject to the terms of this Contact and the Customer's performance ofits obligations, in the case of Reports the company hereby grants to the Customer a non-exclusive, non-transferable, non-sublicensable, perpetual, limited license to use the Reports in the Territory, within the Customer's enterprise only and solely for the Customer's internal business purposes in the Territory.

3.1(c) Notwithstanding anything to the contrary in this Contract, except as and then only to the extent expressly permmited on any Referring Page, the Customer must only use the Products or the Product Data (or other Confidential Information) at the particular site(s) listed on any Reffering Page and the Customer agrees that it will not (and will not permit or allow any person to) access or use the Products or the Product Data (or other Confidential Information) from any site not listed on any Reffering Page without having first obtained express prior written consent of RP Data to do so.

3.2 Except as set forth in clauses 3.1(a) and 3.1(b), the Customer is not licensed to use the Products or the Poduct data and hereby undertakes not to do so.

3.3 The Customer acknowledges and agrees to use the Products and the Product Data solely for the under purpose for which they are intended, and in accordance with all Laws. Except as expressly permitted under this Contract orto the extent permitted by Law, the Customer and its employees and representatives will not, or encourage any person or entity to:

(a) decompile, disassemble or otherwise reverse engineer all or any portion of the Products, including any source code, object code, algorithms, methods or techniques used or embodied therein;

(b) modify or create any derivative works based upon the Products or the Product Data;

(c) distribute, resell, disclose, market, rent, lease, assign, incorporate into any database, sublicense or otherwise transfer any Product or Product Data to any third party, or use the Products or the Product Data on behalf of or for the benefit of any third party;

(d) remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Products or the Product Data;

(e )incorporate any portion of the Products or the Product Data into any other materials, products or services that are not intended for the Customer’s internal business use; or

(f) use, or offer to use, the Products or any Product Data for or in connection with any direct marketing activities.

(g) use or distribute QVAS Identified Information for Direct Marketing or with the intention of encroaching upon the privacy of a Consumer.

4.	ACCESS

	4.1 The Customer will access the Products via the Company’s websites . The Customer acknowledges and agrees that, in the event that the Company provides the Customer with any identification numbers and/or passwords, it:

(a) bears sole responsibility for protecting all identification numbers and passwords;

(b) will not provide such identification numbers and passwords to any third party;

(c) will remain fully responsible and liable for any authorised or unauthorised use of any identification numbers and passwords;

(d) will for security purposes change such identification and passwords periodically or as directed by the Company from time to time.

4.2 The Customer will be responsible for obtaining access to the Products, and for any and all costs and expenses in connection with accessing and using the Products, including Internet service provider fees, telecommunications fees, and the cost of any and all equipment (including hardware and software) used by the Customer in connection with its access and use of the Products as permitted hereunder. The Customer acknowledges that the Company will have no obligation to assist the Customer in using or accessing the Products except as expressly provided in this Contract. For clarity, the Company will not be liable for any delay, defect, deficiency and/or loss of service in connection with the Products or any loss caused by or on account of any of the following:

(a) equipment, data or services supplied by the customer or any third party; or

(b) any telecommunications organisation equipment or services (including any speeds or capabilities of such equipment or services) or any requirements of the telecommunications authority.


	4.3 The Company will not provide the Customer with any software, and all access to the Products will be via the Company’s websites as provided in clause 4.1, except to the extent expressly provided on any Referring Page. 4.4 Subject to clause 7, the Company will maintain the websites through which the Products are accessed, and perform network, hardware or service maintenance services or upgrades, which may require the Products to be non-accessible for a period of time. The Company will endeavour to perform such services or upgrades during typically low usage periods. 4.5 The Company reserves the right to change or refine the features and functionality of any Product, provided that the Products will at all times retain those basic features described on any Referring Page.

5.	CUSTOMER MATERIALS

	5.1 The Customer may from time to time provide or otherwise make available to the Company the Customer Materials. The Customer hereby grants the Company and its service providers a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of, and otherwise commercialize and exploit, the Customer Materials. The Customer represents and warrants to the Company and its service providers that it has the right to grant the foregoing licenses in and to the Customer Materials; that the Customer Materials do not and shall not infringe upon or misappropriate any rights, including, without limitation, intellectual property rights, of any third parties or the Company and its service providers; and that such Customer Materials are free of worms, viruses, Trojan Horses, and other disabling code.

6.	FEES

	6.1 The Customer will pay the Company the fees set forth in, and in accordance with, on any Referring Page. All such fees, when paid, are non-refundable, even if the Customer stops using the Products or the Product Data for any reason. 6.2 Except as expressly provided for on any Referring Page, all products are GST exclusive. If provision of the Products under this Contract is subject to GST, the Customer must pay to the Company 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. When executed, this Contract shall constitute a tax invoice. 6.3 In the case of Subscriptions the Company may at its discretion increase the fees for any Renewal Period, by providing the Customer with written notice of its intention to do so at least sixty (60) days prior to the end of the Initial Period or the then current Renewal Period. Notwithstanding clause 2, upon receiving a notice of a fee increase from the Company, the Customer will have the right to elect to terminate this Contract at the end of the Initial Period or then current Renewal Period, as applicable, by providing the Company with written notice of its intention to do so within thirty (30) days of its receipt of the Company’s written notice of fee increase. 6.4 Any amounts not paid to the Company when due will be subject to interest equal to the lesser of one and one-half percent (1.5%) per month and the maximum amount permitted by Law, calculated on a daily basis.

7.	LIMITED WARRANTY

	7.1 The Company hereby represents and warrants that the Products will have those features described on any Referring Page, and that it will use commercially reasonable efforts to ensure that the Products are accessible via its websites in accordance with the terms hereof. In the event of any breach of this warranty, the Customer agrees, as the Company’s and its service providers’ sole and exclusive obligation and the Customer’s sole and exclusive remedy, to use commercially reasonable efforts to modify, correct or provide access to the relevant Product. 7.2 The warranty set forth in clause 7.1 is in lieu of any other warranties., and to the fullest extent permitted by Law (subject to clause 7.3), all other warranties are hereby excluded, and the Company and its service providers hereby expressly disclaim all warranties:

(a) that the Products or the Product Data will meet the Customer’s requirements;

(b)that the Products or the Product Data will be error-free, that the Company’s websites through which the Products and Product Data are accessed will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure;

(c) regarding the use of the Products or the resulting Product Data, in terms of correctness, accuracy, reliability or otherwise;

(d) that the statistical methods on which any of the Products are based use appropriate or accurate assumptions, are fit for the Customer’s particular purpose or are otherwise suitable for the Customer’s use; or

(e) that the performance of the Products will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by the Company’s third party suppliers.

7.3 To the extent that the Trade Practices Act implies any warranties under this Contract, then the Company’s and its service providers’ liability in respect of such implied warranty is limited:

(a) in the case of goods, to any one or more of the following (as the Company and its service providers may in their discretion determine):

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii)the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) in the case of services, to any one of the following (as the Company and its service providers may in their discretion determine):

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again, except as expressly provided elsewhere in this Contract.

7.4 The Products do not constitute an appraisal of the subject property. They should not be relied upon in lieu of an appraisal or underwriting process. THE ACCURACY OF THE METHODOLOGY USED TO DEVELOP THE PRODUCT DATA GENERATED BY THE PRODUCTS, 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. The condition of the subject property and current market conditions can greatly affect the validity of the Products and the Product Data. 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.

7.5 THE PRODUCTS AND 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 HEREIN, THE PRODUCTS AND THE PRODUCT DATA ARE PROVIDED TO THE CUSTOMER 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.

7.6 The Customer acknowledges that it has read, understands and accepts and agrees to the additional terms, conditions and limitations of the Company’s suppliers set forth on any Referring Page, if any.

LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by Law, in no event will the Company’s and its service providers’ aggregate liability to the Customer exceed the lesser of ten thousand dollars (A$10,000) and the amount of fees actually paid by the Customer to the Company under this Contract.

8.2 To the maximum extent permitted by Law, in no event will the Company and its service providers 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 this Contract or the subject matter hereof, however caused, even if the Company and its service providers have been advised of or should have known of the possibility of such loss. The Customer assumes the risk in using the Products and the Product Data as well as total responsibility for establishing such procedures for data backup and virus checking as the Customer considers necessary.

PROPERTY RIGHTS; COMPANY INDEMNIFICATION

9.1 The Customer acknowledges and agrees that, as between the Company and the Customer, the Company or one or more of its service providers is and will remain the sole and exclusive owner of all right, title and interest in and to the Products and the Product Data, including any and all creations, inventions and intellectual property rights contained or embodied within the Products and the Product Data. The Customer agrees that it acquires no rights in or to the Products or the Product Data provided pursuant to this Contract except for the limited license set forth in clauses 3.1(a) and 3.1(b), and that it will not, and will not permit any other person or entity to, infringe upon, harm or contest the validity or the Company’s and its service providers’ ownership of the Products or the Product Data, or the creations, inventions and intellectual property rights contained or embodied within the Products and the Product Data. The Customer agrees that it will not make copies (other than for back-up or disaster recovery purposes) or derivative works of the Products and the Product Data. All other uses of the Products and the Product Data not expressly addressed in this Contract are strictly prohibited.

9.2 The Company will defend, or at its option settle, any third party claim or suit brought against the Customer on the basis that the Customer’s use of the Products as permitted under this Contract, infringes any of such party’s Australian patents or copyrights, and will pay any final judgment entered against the Customer or any settlement of such claim or suit. The Company’s foregoing obligations are subject to the following conditions:

(a) the Customer promptly notifies the Company in writing of any allegation of infringement, and fully cooperates with the Company, at the Company’s reasonable cost, in the defence or settlement of such claim or suit;

(b) the Customer makes no admissions;

(c) the Customer at the Company’s request allows the Company or its assignee to solely conduct and/or settle all negotiations and litigations; and

(d) any costs incurred and recovered in such negotiations and litigation will be to the account of the Company and/or its assignee.

9.3 The Company’s obligations under clause 9.2:

a) will not apply to, and the Customer will indemnify and hold the Company and its service providers harmless from, any claim based upon use of any Products or any Product Data in combination with any equipment, services, data, algorithms, models, indices, tools and/or products not supplied by the Company or its service providers, if the alleged infringement would not have occurred but for such use;

(b) will not apply to, and the Customer will indemnify and hold the Company and its service providers harmless from, any claim relating to the Customer Materials, including the Company’s and its service providers’ use of Customer Materials as permitted under this Contract; and

9.4 If at any time all or any part of the Products or the Product Data is, or in the Company’s opinion may become, subject of any claim or suit for any infringement, the Company may at its own expense and option modify or replace the affected Product or Product Data so that it is non-infringing, or obtain for the Customer the right to continue using the affected Product or Product Data. If neither of foregoing options is in the Company’s opinion commercially reasonable, the Company will have the right to terminate this Contract with immediate effect after which time the Customer’s use of the affected Product or Product Data is at the Customer’s sole risk.

10.

USAGE

Without limiting any of the other terms of this Contract:

10.1 The Customer will follow all reasonable instructions the Company gives from time to time with regard to the use of the Products and Product Data. The Customer will permit the Company at all reasonable times to check that the Products and the Product Data are being used in accordance with the terms of this Contract, and for such purposes the Customer shall maintain complete and accurate records of the Customer’s use of the Products and the Product Data. The Customer expressly acknowledges that the Company has entered into various licensing agreements for ongoing use of data with various data suppliers and as such the Company has undertaken certain contractual obligations. To assist the Company in meeting these obligations the Customer agrees to comply with and/or accept responsibility for all of the Company’s obligations expressed or implied in such supplier agreements.

10.2 The Customer acknowledges and agrees that the Company’s ability to provide the Products and the Product Data is subject to its agreements with third party suppliers,

(a) which agreements may expire or terminate or

(b) which suppliers may not provide the services, products or data as provided under such agreements, and that in such circumstances the Company may not be able to, and will have no obligation to, provide some or all of the Products or the Product Data, either on a timely basis or otherwise. The Company does not verify the accuracy or completeness of any data supplied by any third party.

10.3 If any use is made of the Products or the Product Data by any person or entity other than the Customer and such use is attributed to the act or default of the Customer, then without prejudice to the Company’s other rights and remedies the Customer will immediately be liable to pay to the Company an amount equal to the charges which such person or entity would have been obliged to pay had the Company granted a licence to the unauthorised user at the beginning of the period of the authorised use.

10.4 The Customer will be fully responsible for any act or omission of any of its employees or agents.

10.5 The Company will not provide any Product or Product Data to the extent it is prohibited from doing so by Law or any of its agreements with its suppliers or service providers.

10.6 The Company and its service providers reserve the right to suspend or terminate the Customer’s access to the Products:

(a) in the event that any fee is not paid when due;

(b) in the event that the Company or its service providers reasonably believe that the Customer has used or disclosed the Products, Product Data or other Confidential Information in a manner not permitted under this Contract or otherwise has materially breached this Contract; or

10.7 Where the Company or the QVAS Code Oversight Committee reasonably believe that the Customer has or used or disclosed the Products or Product Data in a manner prohibited by clause 3.3(h), the Company may (of its own volition or are the direction of the QVAS Code Oversight Committee):

(a) suspend or terminate the Customer’s access to the Products;

(b) require the Customer to remove QVAS Identified Information from its data or any database;

(d) require the Customer to undertake privacy training and /or Code of Conduct training; and

(e) require the Customer undertake remedial action including, but not limited to, changes to documentation, changes to business processes and / or corrective advertising.

11.

CONFIDENTIALITY

11.1 No Confidential Information may be disclosed by the Customer to any person or entity except:

(a) employees of the Customer requiring the information for the purposes of this Contract who:

(i) are aware of the confidentiality obligations imposed in this clause 11; and

(ii) have entered into written confidentiality agreements with the Customer which require such employees to comply with confidentiality obligations no less restrictive than those set forth in this clause 11,

11.2 The Customer must not use Confidential Information except for the purpose of exercising its rights or performing its obligations under this Contract.

11.3 Clauses 11.1 and 11.2 and do not apply to Excluded Information.

11.4 Notwithstanding clauses 11.1 and 11.2, the Customer may disclose parts of the Product Data, or conclusions or summaries of information based on the Product Data, provided that the Customer has first obtained the Company’s prior written consent for such disclosure and the Customer gives the Company credit as the source for the underlying data in a manner reasonably instructed by the Company.

11.5 The Customer will take any action that is necessary to prevent or remedy any breach of the Customer’s confidentiality obligations or other unauthorized disclosure of Confidential Information.

11.6 The Customer 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.

11.7 The Customer may not make press or other announcements or releases relating to this Contract and the transactions that are the subject of this Contract without the Company’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 the Customer by Law or by a stock exchange with which the Customer is listed.

11.8 Except as otherwise agreed or duly required by Law or any regulatory authority, no Party will disclose the terms of this Contract to any person or entity other than its employees, accountants, auditors, financial advisers or legal advisers on a confidential basis.

11.9 The Customer acknowledges that due to the unique nature of the Confidential Information, any breach by the Customer of its obligations under this clause 11 would result in irreparable harm to the Company and its service providers for which there is no adequate remedy; and therefore, upon any such breach or threat thereof, the Company 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 the Company and its service providers may have at Law.

12.

TERMINATION OF SUBSCRIPTIONS

This clause 12 only applies in the case of Subscriptions.

2.1 Either Party has the right to terminate this Contract, by a written notice to the other Party specifying the event or events in relation to which the notice is given, if:

(a) the other Party becomes insolvent; or

(b) the other Party commits a breach of this Contract and:

(i) the breach is material and not capable of being cured; or

(ii) if the breach is capable of being cured and the defaulting Party fails to cure the breach within thirty (30) of being notified in writing of the breach by the Party giving the notice.

12.2 The Company will have the right to terminate this Contract immediately upon written notice to the Customer in the event that Customer uses or discloses any Confidential Information, Product or Product Data other than expressly permitted under this Contract.

12.3 The Customer will have the right to terminate this Contract, with or without cause, upon at least ninety (90) days prior written notice to the Company.

12.4 In the event that this Contract is terminated, all of the Customer’s rights to use the Products and Product Data will immediately terminate, and the Customer will at its expense promptly return, or at the Company’s election destroy, any copies of Products, Product Data and other Confidential Information that are either in the Customer’s possession or under the Customer’s control.

12.5 Termination of this Contract will not act as a waiver of any breach of this Contract and will not act as a release of either Party from any liability for breach of such Party’s obligations under this Contract. Neither Party will be liable to the other for damages arising by reason of termination of this Contract in accordance with its terms. Either Party’s termination of this Contract will be without prejudice to any other right or remedy that it may have, and will not relieve either Party of any obligation or liability which arose prior to the effective date of such termination.

12.6 The following clauses will survive any termination of this Contract: 1; 4.2; 5; 6; 7; 8; 9; 10.1; 10.3; 10.4; 11; 12; 13; 14; and 15. 12.7 In the case of Reports the following clauses of this Contract apply in perpetuity: 1; 4.2; 5; 6; 7; 8; 9; 10.1; 10.3; 10.4; 11; 12; 13; 14; and 15.

12.7 In the event that the Customer breaches any term of this Contract, the Company may, at its election, do one or any of the following:

(a) suspend or terminate the Customer’s access to the Products or Products Data; and

(b) commence proceedings against the Customer for any loss or damage the Company suffers as a result of the breach; and

(c) refer the matter (including the Customer’s name and contact details) to any debt collector or other third party to assist the Company in collecting any fee not paid to the Company under the terms of this Contract, including but not limited to conducting any consumer credit searches or listing the Customer with a credit reporting agency.

12.8 In the case of Reports the following clauses of this Contract apply in perpetuity: 1; 4.2; 5; 6; 7; 8; 9; 10.1; 10.3; 10.4; 11; 12; 13; 14; and 15.

13.

CUSTOMER INDEMNITY

13.1 The Customer will defend, or at its option settle, any third party claim or suit brought against the Company and its service providers on the basis of any breach by the Customer of this Contract (or any act which, if true, would be a breach of this Contract) or any use or reliance by the Customer of or on any Product or Product Data or any representations or promises made by or for the Customer to others due to or based on any Product or Product Data, and will pay any final judgment entered against the Company and its service providers or any settlement of such claim or suit. The Customer’s foregoing obligations are subject to the following conditions:

(a) the Company or its service providers promptly notify the Customer in writing of any allegation of infringement, and fully cooperates with the Customer, at the Customer’s reasonable cost, in the defence or settlement of such claim or suit;

(b) the Company and its service providers make no admissions;

(c) the Company and its service providers at the Customer’s request allow the Customer to solely conduct and/or settle all negotiations and litigations; and

(d) any costs incurred and recovered in such negotiations and litigation will be to the account of the Customer.

14.

NOTICES

14.1 All notices hereunder will be in writing addressed to the Parties at the respective addresses shown on any Referring Page.

14.2 Notice will be deemed given:

(a) in the case of hand-delivered mail upon delivery or in the case of mail upon written acknowledgment or receipt by an officer or other duly authorised employee, agent or representative or the receiving Party (such receipt not to be unduly delayed or withheld), or alternatively in the case of ordinary mail on the fourth day after the date of posting;

(b) in the case of facsimile upon confirmed completion of successful transmission;

(c) in the case of email transmission upon notification of a read receipt (such receipt not to be unduly delayed or withheld).

14.3 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.

15.

MISCELLANEOUS

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

15.2 This Contract will be governed by and construed in accordance with the Laws in force in the State of Queensland. Each Party submits to the non-exclusive jurisdiction of the courts of that place.

15.3 No agreement or document having as its purpose or effect the variation, extension or deletion of any of the terms and conditions on this Contract will be binding unless in a writing signed by each Party.

15.4 The Customer may not assign this Contract without the Company’s written consent. The Company may assign this Contract or any part of this Contract, or any right or obligation under this Contract, without notice to or the consent of the Customer.

15.5 The Customer warrants that it has not relied on any representation made by the Company which has not been expressly stated in this Contract or upon the descriptions or allusions or specifications contained in any document including any catalogue or other material produced or made available by the Company.

15.6 The Company will not be liable for any failure to perform or delay in performing its obligations if the failure or delay results from circumstances beyond the control of the Company (whether happening in the Commonwealth of Australia or elsewhere, including acts of God, refusal of licence, refusal or revocation of any telecommunications organisation’s consent in respect of data communication equipment, government act, fire, explosion, accident, strike, industrial dispute, civil commotion or impossibility of obtaining material and/or data).

15.7 If the whole or any part of a provision of this Contract is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this Contract 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 Contract or is contrary to public policy.

15.8 Nothing contained or implied in this Contract 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.

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

15.10 This Contract constitutes the entire agreement of the Parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.