Cordell Sum Sure - Terms of Use
1. INTRODUCTION
1.1. Please read these Terms carefully. These Terms govern your access to and use of the Website and the Output.
1.2. By using the Website you agree to be bound by these Terms. This agreement takes effect from the point you first access the Website. If you do not accept any of these Terms, then you must cease using the Website.
1.3. We may change or update these Terms from time to time by posting a notice of such updates on the Website. You are required to accept any changes or updates in order to continue to access and use the Website. If you do not accept any change or update to these Terms then you must cease using the Website
1.4. You may not transfer any of your rights or obligations under these Terms to any person.
The validity, interpretation and enforcement of these Terms shall be governed by the laws of New South Wales.
2. OUTPUT
2.1. The Output will have those features described on the Website and we will use commercially reasonable efforts to ensure that the Website is accessible in accordance with these Terms. You will only use the Website and the Output for your own personal use (and not for any commercial gain or benefit).
2.2. The Sum Sure calculator takes the answers you input (or confirm, as applicable) combined with information collated by CoreLogic about the subject property (from insurers and other third party sources) and analyses them against construction industry data collated by us to generate an estimated reconstruction cost of the improvements on your property (the Estimate). Use of the Sum Sure calculator and the Estimate may not be appropriate for you and you will need to assess the suitability of this Estimate given your knowledge of your property. You specifically acknowledge:
2.2.1. The Estimate is not intended to replace a professional valuation through a person appropriately qualified to undertake a valuation of improvement replacement costs (such as a valuer or quantity surveyor).
2.2.2. Where any details on your property or improvements are pre-populated by us, it is your responsibility to check that the pre-populated information is accurate and correct. If you do not amend it, we will assume that you have diligently checked that pre-populated information and agree that it is accurate and correct.
2.2.3. No physical inspection or reference to building features beyond what you describe to us (or have accepted as pre-populated) have been used in generating the Estimate. Except where expressly identified, no local laws (including local planning requirements) have been taken into account in generating the Estimate.
2.2.4. Construction costs vary regularly from time to time and by region – construction industry data used in the Sum Sure calculator is updated regularly (as it becomes available) but may not always be up to date where construction costs are volatile, and likewise the Estimate may become out of date in a relatively short period of time. Also, for certain regions, there may be less construction data available or a lower quality of information, and this may adversely affect the Estimate.
2.2.5. Any descriptions about the information requested for the Sum Sure calculator are simply included to assist you in completing the required information.
2.2.6. The Sum Sure calculator does not make any allowances for any particular insurance policy conditions or tolerances that may be contained in any insurance policy that you have or may purchase in the future.
2.2.7. We do not accept any responsibility for the answers you provide or the Third Party Information that the Sum Sure calculator receives, and as such, we will not be liable for the accuracy of, your reliance of or use of the Sum Sure calculator.
2.2.8. A map showing property boundaries is indicative only and may not be complete or accurate. Any produced map is not intended or designed to replace the certificate of title or land survey information. If you need a certificate of title or land survey information then you can order these separately from us or a Land Titles Provider.
2.2.9. Where a BAL Estimate is supplied, the following additional limitations and restrictions apply:
2.2.9.1. the BAL Estimate is designed for use solely as an input to the Cordell Sum Sure calculator in generating an Estimate for a subject property;
2.2.9.2. the BAL Estimate is generated using available data, without physical inspection of the subject allotment, vegetation classes impacting on the site or classified vegetation effective slope, using a data driven simplified methodology which is subject to limitations;
2.2.9.3. the BAL Estimate must not be construed or relied upon as a Bushfire Attack Level (BAL) rating as determined in accordance with Australian Standard AS 3959:2018 Construction of buildings in bushfire-prone areas (and amendments or replacements) or used in establishing construction requirements for a site, and is not intended to replace a professional assessment of bushfire risk for a subject property;
2.2.9.4. the BAL Estimate may not be available for all properties within the CoreLogic Database, and is current only at the date of publication or supply.
3. WEBSITE (REQUIREMENTS, ACCESS AND MODIFICATIONS)
3.1. We will endeavour to establish, maintain and enforce security measures within the Website to a standard of good industry practice.
3.2. We will endeavour to make the Website available at all times. However, you acknowledge that the Website is provided over the internet and mobile networks and so the quality and availability of the Website is not guaranteed.
3.3. We will not be obliged to provide access to the Website or any Output to the extent that we are prohibited from doing so by law or any agreements with any third party.
3.4. The Sum Sure calculator, the Output and their features are dynamic in nature. There is no guarantee that they will stay the same. We may:
3.4.1. change, refine or otherwise modify the features and functionality of the Website, Sum Sure calculator or the Output; or
3.4.2. cease, discontinue or temporarily suspend the availability of the Website, Sum Sure calculator or Output.
3.5. You permit us to check that the Website and the Output are being used in accordance with these Terms.
4. CHARGES AND PAYMENT
4.1. We will not charge you for accessing the Website, but your internet or mobile network provider may charge you for connection services when you download and/or use the Website.
4.2. Mobile devices, communications links and systems compatibility (and all costs associated with such items) are your sole responsibility. You agree that we are not responsible for any of those charges.
5. COPYRIGHT AND OTHER RESTRICTIONS
5.1. The contents of the Website, Sum Sure calculator and Output are protected by copyright and other intellectual property rights, and no part of the Website (or the Sum Sure calculator, or any Output) may be reproduced or adapted in whole or in part without our written consent. Our ability to grant consent is subject to us getting consent from our Third Party Suppliers. You will not assert any ownership or other rights in respect of any of the Website, Sum Sure calculator, the Output or any documentation, information or materials contained on or made available through the Website (together the Information).
5.2. The Website and Information are made available for your own lawful internal use within Australia and you agree not to further disseminate Information supplied (whether for commercial gain or otherwise) and in particular not to publish Information by any means (including in writing or electronic dissemination) without our prior written consent. Our ability to grant consent is subject to us getting consent from our Third Party Suppliers.
5.3. You agree not to use the Website or Information in creating any mailing or address list of persons or properties, to use the Website or Information for Direct Marketing activities, to sell the Website or Information to others, or to use or offer to use the Website or Information in any way that may encroach on the privacy of others or otherwise breach any Privacy Laws.
5.4. In accessing the Website, you will not (and will not allow or encourage any other person to):
5.4.1. decompile, disassemble or otherwise reverse engineer all or any portion of the Information or the Website, including any source code, object code, algorithms, methods or techniques used or embodied therein;
5.4.2. data mine, scrape, crawl, create links back to, harvest or use any process or processes that send automated queries to the Website;
5.4.3. modify or create any derivative works based upon any Information or make copies of the Website or any Information (except for the sole purpose of back-up or disaster recovery);
5.4.4. remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Website or any Information; or
5.4.5. incorporate the Website or any Information into any other materials, products or services.
6. CUSTOMER MATERIALS
6.1. You grant us and each of our partners, affiliates, parent companies, related entities, successors, and assigns a worldwide, royalty-free, perpetual, irrevocable, assignable, non-exclusive right and licence to use, convert, reproduce, reformat, store, back-up, distribute, sell, transmit, perform, display (publicly or otherwise), adapt, make derivative works of and otherwise commercialise and exploit (with no obligation to account for profits) any Customer Materials either directly or in combination with other information or parties. You acknowledge that this clause 6.1 is also for the benefit of our Third Party Supplier and may be enforced by it.
6.2. You must not provide Customer Materials that you know:
6.2.1. you are not authorised to provide;
6.2.2. are incorrect; or
6.2.3. have been obtained in breach of any law or obligation of confidentiality.
6.3. Subject to your compliance with clause 6.2 above, we accept that if we and/or any of the above mentioned persons choose to exploit the above mentioned right and licence so granted by you, such commercialisation and exploitation is at our and/or the relevant licensee's own risk and as such and notwithstanding anything contained in these Terms, you have no liability for any loss, cost or expenses that we and/or any relevant licensee/Third Party Supplier may incur as a result of such commercialisation or exploitation.
6.4. You confirm to us and our Third Party Supplier that:
6.4.1. you acknowledge that we sometimes use customer materials supplied by another customer in our products, including the Output and in this regard, we do not endorse, support, represent or guarantee the truthfulness, accuracy and reliability of the customer materials from another customer contained within the Website.
7. CREATIVE COMMONS LICENCE
7.1. We are a party to a worldwide, royalty-free, non-exclusive, Creative Commons Custom Licence under which we receive certain materials used in the Website.
7.2. Such material is licensed to us and you under various Creative Commons licenses details of which can be found at https://www.corelogic.com.au/legals/third-party-restrictions (Creative Commons Licence). Such materials are not our property and are credited to the original author as shown in the metadata of the relevant material.
8. CONFIDENTIALITY
8.1. No Confidential Information may be disclosed by you to any person or entity except:
8.1.1. to the extent you are required to do so by law; or
8.1.2. to the extent you are required to do so in connection with legal proceedings relating to these Terms.
8.2. You must not use Confidential Information except for the purpose specified in clause 8.1.
8.3. You will take any action that is necessary to prevent or remedy any breach of your confidentiality obligations or other unauthorised disclosure of Confidential Information.
8.4. You will not remove, alter, obscure or otherwise modify any trademark, copyright or other proprietary notice or legal disclaimer placed on or contained within the Confidential Information.
8.5. You acknowledge that due to the unique nature of the Confidential Information, any breach by you of your obligations under these clauses 8.1 to 8.4 (inclusive) would result in irreparable harm to us and our Third Party Suppliers for which there is no adequate remedy; and therefore, upon any such breach or threat thereof, we and our Third Party Suppliers will be entitled to injunctive and other appropriate equitable relief (without the necessity of proving damages, or posting bond or other security), in addition to whatever remedies we and our Third Party Suppliers may have at law.
9. PRIVACY
9.1. We are bound by Privacy Laws and have developed a Privacy Policy, available at https://www.corelogic.com.au/legals/privacy-policy.
9.2. You acknowledge that information transmitted over the internet is inherently insecure. To the extent that the Website or Information contains Personal Information, You must:
9.2.1. comply with all applicable Privacy Laws;
9.2.2. only use Personal Information for the purpose for which it was disclosed;
9.2.3. notify CoreLogic immediately (by email to AU-privacy@corelogic.com) of any privacy complaints or events which may cause any applicable Privacy Law to be breached.
9.3. We will:
9.3.1. comply with all applicable Privacy Laws and ensure that its employees, agents and contractors do so;
9.3.2. subject to its rights under this Licence, only use Personal Information that You disclose to Us for the purpose for which it was disclosed.
10. LIMITED WARRANTIES
10.1. You may be entitled to certain guarantees under the Competition and Consumer Act 2010 (Cth).
10.2. Except for any guarantees which cannot be excluded by law pursuant to the Competition and Consumer Act 2010 (Cth), you acknowledge that we provide no warranties or guarantees in respect of the Website other than those given in clause 2.1 of these Terms and all other warranties are excluded.
10.3. We (and out Third Party Suppliers) expressly disclaim all warranties that:
10.3.1. access to the Website will always be immediate or uninterrupted;
10.3.2. the Website or Output will meet your requirements or will be compatible with or suitable for use with your systems, browsers or applications;
10.3.3. the Website will be error-free or that errors or defects in the Website will be corrected, however we will, where practically possible, endeavour to correct errors within a reasonable time;
10.3.4. any Information will be accurate, reliable or correct;
10.3.5. the statistical methods on which the Sum Sure calculator is based use appropriate or accurate assumptions, are fit for your particular purpose or are otherwise suitable for your use; and
10.3.6. the performance of the Sum Sure calculator will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Third Party Suppliers.
10.4. You acknowledge and agree that to the extent that the Website contains any Third Party Information, we provide no warranties, representations or guarantees in respect of such Third Party Information (including any warranty or guarantee that the Third Party Information will be complete, accurate, free of errors, omissions and defects, up to date, not misleading or fit for purpose), except to the extent that any such warranty or guarantee implied by law cannot be excluded.
11. LIABILITY AND YOUR INDEMNITY
11.1. If any Output does not comply with the relevant requirements in these Terms, we will (within a reasonable time period) either:
11.1.1. re-supply the Output to you; or
11.1.2. refund to you any charges you have paid and any direct and identifiable costs you have incurred (other than those excluded by clause 11.2) in respect of the Output, and
this shall be your sole remedy in respect of any defect in the Output, your use of the Website or any breach of these Terms by us, or our negligence (or that of our Third Party Suppliers), except to the extent we are unable to exclude its liability by law (in which case, our liability will be limited to the amounts referred to in clause 11.1.2 above.
11.2. In no circumstances will any party (including when it comes to us, our Third Party Suppliers) be liable for:
11.2.1. any special, consequential, indirect, incidental, punitive or exemplary damages of any kind; or
11.2.2. damages for any loss of profits or revenue, loss resulting from interruption of business or loss of use or data, arising out of or relating to the Website or the Output, however caused, even if we or our Third Party Suppliers (as applicable) had been advised of or should have known of the possibility of such loss,
except in relation to unlawful use of our (or our Third Party Suppliers') intellectual property or Confidential Information by you or any intellectual property infringement claims from third parties around your Customer Materials.
11.3. You agree to reimburse us for any loss, liability, cost, fee or damage that we (and/or our Third Party Suppliers) and each of their related entities or partners (or any of their employees, directors or officers) incur as a direct result of:
11.3.1. your failure to comply with these Terms, or any law;
11.3.2. any content you submit through the Website.
12. SUSPENSION AND TERMINATION
12.1. We may terminate (as applicable) your right to access or use the Website at any time if you breach any material term or condition in these Terms or if you abuse the Website, the Sum Sure calculator or the Output. Examples include:
a. any unlawful or unauthorised use of our (or our Third Party Suppliers') intellectual property; or
b. in the case of any intellectual property infringement claim from a third party around your Customer Materials.
12.2. In the event of termination under clause 12.1 above, despite such termination, all copyright, data privacy and use of information obligations will remain in effect after termination in respect of all information, copies and compilations retained by you.
13. NOTICES
13.1. Any queries you have regarding the Website should be addressed to your insurance supplier through whom you accessed the link for this Website.
14. THIRD PARTY BENEFIT
14.1. These Terms are not only expressed for our benefit but also for the benefit of our Third Party Suppliers (as it relates to matters that affect them).
15. DISCLAIMERS
15.1. You acknowledge and agree that the Output is made available subject to the disclaimers, limitations and descriptions set out in the CoreLogic Disclaimers, and that any direct or indirect use by you of the Output is subject to the disclaimers, limitations and descriptions set out in the CoreLogic Disclaimers.
15.2. For the purposes of applying the CoreLogic Disclaimers to Terms, any reference to “Product Data” in the CoreLogic Disclaimers is deleted and replaced with “Output Data”.
16. DEFINITIONS
In these Terms, unless the context otherwise requires:
CoreLogic Disclaimers means (as applicable) any copyright or other proprietary notice, legal disclaimer, or government disclaimer located at https://www.corelogic.com.au/legals/copyright-disclaimer or provided by CoreLogic to the Customer from time to time.
Confidential Information means all confidential, non-public or proprietary information, regardless of how the information is stored, which is delivered to you before, on or after being bound by these Terms, relating to the Website, the Sum Sure calculator or the Output including such information which is (i) by its nature is confidential; (ii) is identified by either Party as confidential; or (iii) the other party knows, or ought to know, is confidential, but does not include the Excluded Information.
Creative Commons Licence has the meaning given to it in clause 7.2.
Customer Materials means any data, information, content, photographs, metadata and/or other materials you make available to us (or otherwise obtained by us from you (such as from your use of the Website) or that we possess of yours) directly or indirectly, from time to time.
Direct Marketing means the use and/or disclosure of Personal Information to identify, target, segment or filter and then directly communicate to an identified individual or group of individuals to market or promote goods or services to (whether or not addressed to that individual by name) by means, normally supported by a database, which uses one or more advertising media and includes, telemarketing, email, SMS, targeted online advertising (including Facebook and Google Ads), postal mail and list brokering.
Estimate has the meaning given to it in clause 2.2.
Excluded Information means information to the extent which:
a. it is in or becomes part of the public domain other than through breach of these Terms or an obligation of confidence owed to any person;
b. you can prove, by contemporaneous written documentation, was already known to you at the time of disclosure by us (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or
c. it was independently developed by the you without reference to the Confidential Information disclosed by us; or
d. you acquire from a source other than us where such source is entitled to disclose it.
Information has the meaning given to it in clause 5.1.
Land Titles Provider means providers of government Torrens Title Register information for land and property in each State and Territory.
Personal Information means 'personal information' as that term is defined in the relevant and applicable Privacy Laws, and which a Party discloses to or receives from the other Party in connection with these Terms (including information forming part of a database).
Privacy Laws means any relevant or applicable privacy or data protection Laws relating to the collection, use, processing, disclosure, storage or granting of access to the Personal Information which may be amended and in force from time to time and may include the Privacy Act 1988 (Cth) and the Australian Privacy Principles, Do Not Call Register Act 2006 (Cth) and the Spam Act 2003 (Cth); as well as any other State or Territory acts and regulations which regulate the use of Personal Information in each respective State or Territory any other binding requirement under an Australian industry code or policy relating to the handling of Personal Information.
Output means the output from the Sum Sure calculator or any other output made available to you through the Website (and includes any Output Data contained within them).
Output Data means any data or property/geospatial information contained within or provided with the Output or through the Website.
Sum Sure calculator means the Cordell Sum Sure calculator made available through the Website, and which generates the Output.
Terms means these terms and conditions (as amended from time to time in accordance with clause 3 and any terms referred to in these terms and conditions.
Third Party Information means any Output Data, other data, information, reports and other documentation or materials sourced from a Third Party Supplier.
Third Party Supplier means any third party supplier who directly or indirectly supplies us with data or information, where such data or information is then contained within or provided with or through the Website.
We or our or similar derivatives, means RP Data Pty Ltd trading as CoreLogic Asia Pacific.
Website means the URL through which the Sum Sure calculator is available to you in accordance with these terms.
CURRENCY
Version 4 of these Cordell Sum Sure Terms of Use are current as and from 31 May 2023.
© 2023 RP Data Pty Ltd trading as CoreLogic Asia Pacific. CoreLogic and its licensors are the sole and exclusive owners of all rights, title and interest (including intellectual property rights) subsisting in the CoreLogic Materials contained in this publication. All rights reserved.