STATISTICS & PROPERTY DATA DISCLAIMER
The information provided is current as at the publication date only. This publication is supplied on the basis that while RP Data attempts to ensure the information in it is reliable at the publication date, it does not warrant its accuracy or completeness and to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage sustained by yourself, or by any other person or body corporate arising from or in connection with the supply or use of the whole or any part of the information in this publication through any cause whatsoever and limits any liability it may have to the amount paid to RP Data for the supply of such information.
This publication provides general information only – it is not intended as advice or a professional property appraisal and should not be relied upon as such. The information provided has not been prepared by taking into account your investment objectives, financial situation or personal needs and may depend on statistical models and assumptions which may be incomplete or wrong, negatively impacting the accuracy of this publication. You should make your own inquiries and if necessary take independent financial advice tailored to your specific circumstances before making any investment decisions.
If you see any inaccuracies in this publication please let us know via our contact us form.
© The State of Queensland (Department of Environment and Resource Management) 2012. Based on data provided with the permission of the Department of Natural Resources and Mines: [QVAS 2012)]. The Department of Environment and Resource Management 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 (including without limitation, liability in negligence) for all expenses, losses and 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.
South Australian Data
This information is based on data supplied by the South Australian Government and is published by permission. The South Australian Government does not accept any responsibility for the accuracy or completeness of the published information or suitability for any purpose of the published information or the underlying data.
New South Wales Data
Contains property sales information provided under licence from the Land and Property Information (“LPI”). RP Data is authorised as a Property Sales Information provider by the LPI.
To the extent that this report has been developed using information owned by the State of Victoria, the State of Victoria owns the copyright in the Property Sales Data which constitutes the basis of this report and reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the information contained in this report and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.
Western Australian Data
Based on information provided by and with the permission of the Western Australian Land Information Authority (2012) trading as Landgate.
Australian Capital Territory Data
The Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be directed to: Director, Customer Services ACT Planning and Land Authority GPO Box 1908 Canberra ACT 2601.
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: give no warranty regarding the data’s accuracy, completeness, currency or suitability for any particular purpose; and 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
BETWEEN: ILLAIN DIGITAL PTY LTD ACN 163 480 715 having its registered office at PO Box 835, Lutwyche in the State of Queensland (“HomePrezzo”)
AND: The User (“Customer”)
1. Definitions and interpretation
Application means the computer software application, described at the point of purchase, which is to be made available by HomePrezzo to the Customer pursuant to this agreement.
Bulk Data means more than 50 items of Data in a single Output.
Commencement Date means the date you signup to the Application using an approved method.
Confidential Information means information that is by its nature confidential but does not include:
(a) information already known to the receiving party at the time of disclosure by the other party; or
(b) information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement.
GST Law means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(a) the same as in the GST Law;
(b) any other goods and services tax, or any tax applying to this transaction in a similar way; and
(c) any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.
HomePrezzo website means https://homeprezzo.com/.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
Moral Right means:
(a) a right of attribution of authorship;
(b) a right not to have authorship falsely attributed;
(c) a right of integrity of authorship; and/or
(d) a right of a similar nature,
which is conferred by statute, and which exists or comes to exist anywhere in the world, in a Deliverable.
Output means a customer generated video or animation via the HomePrezzo Application.
Payment Terms means the key information about your subscription, provided at the point of subscription, including the initial term, permitted purposes, payments and any other subscription conditions.
Permitted Users means a person or class of persons permitted to use the application from time to time.
Permitted Purpose means the purposes set out with the Payment Terms upon acceptance of this agreement.
System means HomePrezzo’s technical infrastructure upon which the Application is installed and operated.
Third Party Supplier means any third party supplier of data which is accessed and used in connection with the Application.
Words importing the singular include the plural and vice versa and words importing one gender will include all other genders. Headings are for ease of reference only and will not affect the interpretation of this agreement.
The agreement will commence on the Commencement Date and will continue until notice is provided from the user.
Subject to the Permitted Uses, HomePrezzo will provide the Customer with access and licence to use the Application via the HomePrezzo website. Access will be provided in accordance with the protocols, standards and procedures set out on the HomePrezzo website.
4. Responsibility for viruses
HomePrezzo will use reasonable endeavours to ensure that no viruses or similar programming effects are coded or introduced into the System as a direct result of the provision of the Services or as the direct result of an act or omission of HomePrezzo personnel.
5. Permitted User
The Customer warrants that it is a Permitted User and will notify HomePrezzo immediately the Customer ceases to be a Permitted User.
6. Intellectual property rights
(a) HomePrezzo retains ownership of the Application.
(b) All Intellectual Property Rights in the Application are retained by HomePrezzo.
(c) Nothing in this agreement affects the ownership of Moral Rights in the Application.
(d) The Customer acknowledges that data used with the Application may be owned by third parties.
(e) If the Customer receives notice of any claim or demand against it from a third party in relation to the Data, HomePrezzo shall not be liable if:
(i) the Customer does not notify HomePrezzo of the other person’s claim or of infringement of copyright within seven days after becoming aware of the claim;
(ii) HomePrezzo’s ability to defend the claim has been prejudiced by the Customer’s non-compliance with any of its obligations under this agreement;
(iii) the Customer does not give the HomePrezzo reasonable assistance in defending the claim;
(iv) the claim has arisen because of the use of the Application in combination with equipment, materials or computer programs not supplied or approved by HomePrezzo; or
(v) the Customer does not permit HomePrezzo to have control of the defence of the claim and all related settlement negotiations.
7. Data and Permitted Purpose
(a) The Customer agrees and acknowledges that the categories of data available for use with the Application may change of time.
(b) The Customer agrees and covenants with HomePrezzo that the use of the data, Application and HomePrezzo website by the Customer is subject to the following:
(i) The Data and the Application may only be used for the permitted purposes set out in this agreement.
(ii) the Data and Outputs must not be on sold, transferred, sub-licensed or supplied to any third parties for commercial gain or otherwise other than as expressly permitted in this Agreement;
(iii) the Data must only be accessed via the HomePrezzo online application by Permitted Users;
(iv) the Data or any derivatives of the Data may not be supplied directly to the public unless expressly provided for in this Agreement or expressly consented to by HomePrezzo;
(v) the Data must not be extracted by the Customer as a Bulk Data export or download;
(vi) the Data is not to be used to support, create or operate an Automated Valuation Model or anything similar;
(vii) The Provider and their collective employees and representatives will not, or allow, permit or encourage (whether directly or indirectly) any other person to:
(I) decompile, disassemble or otherwise reverse engineer all or any portion of the Data, including any source code, object code, algorithms, methods or techniques used or embodied therein whether by scraping, harvesting or some other means; or
(II) modify or create any derivative works based upon the Data;
(III) distribute, commercialise or otherwise exploit the Data other than as expressly permitted by the terms of this Agreement;
(IV) remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Data or any means of delivery of the Data; or
(V) incorporate any portion of the Data into any other materials, products or services that are not intended for the HomePrezzo online application unless for internal business purposes.
(c) The Customer agrees and covenants with HomePrezzo in relation to any data provided by The Customer to the Application and HomePrezzo website; including but not limited to uploaded files and images, listings data, recent sales results, you grant HomePrezzo an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, licence to other persons, use and adapt for any purpose related to HomePrezzo business any content you provide to HomePrezzo during the Term, and this licence survives termination of this Agreement by The Customer or HomePrezzo;
8. Prohibition on Bulk Data extraction
The Customer is expressly prohibited from engaging in Bulk Data extraction, automated content generation or similar. If HomePrezzo reasonably believes that the Application is being used by the Customer for the purposes of bulk data extraction, automated content generation or similar HomePrezzo may immediately and without notice terminate this agreement and the Customers access to the Application.
9. Data reliance
(a) The parties acknowledge that HomePrezzo’s ability to provide the Data is reliant upon its agreements with Third Party Suppliers:
i. which agreements may expire or terminate; or
ii. which suppliers may not provide the services, products or data as provided under such agreements,
and that in those circumstances HomePrezzo may not be able to, and will have no obligation to, provide some or all of the Data, either on a timely basis or otherwise.
(b) HomePrezzo does not verify or warrant the accuracy or completeness of the data supplied by any Third Party Supplier and will not be liable for any inaccuracies in the data supplied by any Third Party Supplier but will take reasonable steps to ensure that Third Party Suppliers are reputable and have taken reasonable steps to screen that information.
(c) HomePrezzo will not be liable for any claim in relation to modified Data or modified Output (modified by the Customer) if any output infringes a third party’s patent, copyright, design, trade mark or confidential information right and if the Output or Data, in its original form, would not have led to the infringement. The Customer indemnifies the Provider against any Claims against the Provider by an infringement in any of those circumstances so attributable to the Customer.
HomePrezzo does not warrant that the Application is free of inaccuracies, defects or errors. However, HomePrezzo does warrant that the Application is substantially free of any known errors and will use reasonable endeavours to update and fix any errors discovered in future.
HomePrezzo is not responsible for creating backup of Customer generated videos or content (“Output”).
12. Transition out
Upon termination of this agreement, it is the Customer’s responsibility to ensure that any Outputs created are backed up.
13. Subscription fees
(a) The Customer must pay any fee required under the Payment Terms.
(b) Words defined in the GST Law have the same meaning in this clause, unless the context makes it clear that a different meaning is intended.
(c) In addition to paying the charges and any other amount payable or in connection with this agreement (which is exclusive of GST unless expressly stated otherwise), the Customer will:
(i) pay to HomePrezzo an amount equal to any GST payable from any supply by HomePrezzo in respect of which the subscription fees or any other amount is payable under this agreement ; and
(ii) make such payment in a manner prescribed by HomePrezzo.
(d) The Customers access to the Application may be automatically terminated if the Customer fails to comply with the Payment Terms.
(e) No partial refunds will be provided for any subscriptions cancelled mid term at the discretion of HomePrezzo as per the Payment Terms.
Except in relation to liability for personal injury (including sickness and death), property damage or an infringement of confidentiality or Intellectual Property Rights, the liability of HomePrezzo in damages (including special, indirect or consequential damages, which damages will be deemed to include loss or revenue, loss or profit and opportunity loss) in respect of any act or omission of HomePrezzo in connection with its obligations under this agreement will not exceed the amount of the total fees paid by the Customer to HomePrezzo from time to time, even if HomePrezzo has been advised by the Customer as to the possibility of such losses being incurred.
15. Implied terms
(a) Subject to subclause (b), any condition or warranty which would otherwise be implied in this agreement is hereby excluded.
(b) Pursuant to ss 64A of the Australian Consumer Law, this subclause applies in respect of any goods or services supplied under this agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this subclause will not apply if the Customer establishes that reliance on it would not be fair and reasonable. Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss 51 to 53 of the Australian Consumer Law) is limited:
(i) in the case of goods, to any one of the following as determined by HomePrezzo:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; and
(ii) in the case of services, to any one of the following as determined by HomePrezzo:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
(a) HomePrezzo may terminate this agreement immediately if the Customer:
(i) fails to pay to comply with the Payment Terms.
(ii) ceases to be a Permitted User;
(iii) uses the Data, Application or Website for purposes which is not a Permitted Purpose; or
(iv) as per the acknowledgement in clause 9(a), HomePrezzo is unable to continue to provide the service sue to termination or variation of its agreements with Third Party Suppliers.
(b) HomePrezzo may terminate this agreement at its discretion provided that the effective date of termination is the last day of the then current monthly subscription period for which the Customer has fully paid.
(c) The Customer may terminate this agreement by cancelling its Subscription in a manner prescribed by HomePrezzo.
(d) For the purpose of subclause (d), each of the following is a Terminating Event:
(i) the breach or threatened breach by the Customer of any of its material obligations under this agreement;
(ii) the appointment of any type of insolvency administrator in respect of the property or affairs of the Customer;
(iii) the entry or proposed entry by the Customer into any scheme, composition or arrangement with any of its creditors;
(iv) the permanent discontinuance of use of the Application or any part of the Application by the Customer; and
(v) the merger with or the takeover of the Customer by another person.
(e) This agreement may be terminated immediately on the happening of a Terminating Event at the option of HomePrezzo.
(f) Neither party shall be liable for the consequences of an occurrence of any event beyond its reasonable control.
(g) Any termination of this agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this agreement which is expressly or by implication intended to continue in force after such termination.
(a) A party will not, without the prior written approval of the other party, disclose the other party’s Confidential Information.
(b) A party will not be in breach of subclause (a) in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
(c) Each party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other party’s Confidential Information.
(d) Notwithstanding any other provision of this clause, a party may disclose the terms of this agreement (other than Confidential Information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.
(e) This clause will survive the termination of this agreement.
(a) HomePrezzo will not use or disclose any Personal Information for a purpose other than discharging its obligations under this agreement. HomePrezzo further agrees to comply at all times with the National Privacy Principles contained in Sch 3 to the Privacy Act 1988 (Cth) (or an applicable privacy code approved by the Federal Privacy Commissioner pursuant to that Act) in the same way and to the same extent as the Customer would have been required to comply had it been directly responsible for performing the act or practice concerned. HomePrezzo will take all necessary steps to protect Personal Information in its possession against misuse or loss and it will return all such information to the Customer (or if requested by the Customer, destroy or de-identify such information) upon termination or expiry of this agreement. This clause will survive the termination or expiry of this agreement.
(b) For the purpose of this clause, Personal Information means information or an opinion about an individual as defined in s 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by HomePrezzo for the purposes of this agreement.
(c) Notwithstanding the above, the Customer agrees that HomePrezzo may disclose to and receive from Third Party Suppliers any Personal Information reasonably necessary to carry out this agreement.
19. Entire agreement
This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Application. No addition to or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of the party.
All notices which are required to be given under this agreement must be in writing and must be sent to the address of the recipient or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand or by prepaid letter or email. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by prepaid letter) or when on transmission by the sender (if sent by facsimile) or (if sent by email and unless agreed otherwise), when the email enters the recipient’s mail server.
The Customer may not assign, whether in whole or part, the benefit of this agreement or any rights or obligations hereunder, without the prior written consent of HomePrezzo. HomePrezzo may assign, in whole or part, the benefit of this agreement at any time by giving notice to the Customer.
This agreement shall be governed by and construed in accordance with the laws for the time being in force in Queensland, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.
No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
No variation of this agreement will be effective unless in writing and confirmed by both parties.
Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
26. Dispute resolution
Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.