PropCode - Standard Data License

General Limitations

The outputs from the PropCode platform are intended for a self-serve exploratory research use case. Whether you have paid for your usage or not, you accept that the platform:

Is fully automated and unsupervised. We do not manually review any individual report or property checked through the platform, and we will not issue individual explanations or corrections.
Does not answer all questions you may have. Although our analysis is an excellent starting point, you will very likely still need assistance from professionals to complete your project.
Does not make any recommendations. It is your responsibility to determine how to achieve your objectives such as preferred built outcome, project timeframes, and financial cost or yield.
Is limited to freely available data. You must find other required information that is not processed by this platform, notably including title restrictions and natural hazards risk.
Does not consider or create building designs. It is your responsibility to follow the regulations to create an appropriate design that suits your objectives.
Cannot evaluate any subjective or merit considerations. Our automated technology is only equipped to work with objective rules and facts and cannot predict how authorities will evaluate subjective tests.
Does not advise on future planning regulations. Our platform does not know about draft plans, policies, etc. or strategic planning initiatives that will guide future regulations.
May not explain the appropriate approval pathway for your project. PropCode tools may not have analysed all approval pathways available for your project.
Does not guarantee approval by any authority. You retain all uncertainty, risk, and liability associated with any past, present, or future property transaction and/or application to any authority for development permission.

Content Currency

We make our best efforts to keep document and spatial content current, but you should check with original sources to see if any newer information exists. We are not responsible for any regulatory changes that occur after we provide a dataset to you.

Data Source

Commonwealth, State, and local governments are the owners of all data and rules used in the platform. Any errors in the source data or rules are their responsibility.

Note: the following agreement applies to all bulk dataset purchases.

STANDARD LICENSE AGREEMENT

By paying the Invoice for a dataset purchase, the duly authorised representative of the Licensee listed in the Invoice agrees to bind the Licensee and its officers, employees, and related parties to all terms in this Agreement.

1. Definitions

In this Agreement, unless the context otherwise requires, the following terms shall have the meanings specified:
1.1 "Agreement" refers to this data license agreement, including all its schedules, annexes, amendments, and any documents incorporated by reference.
1.2 "Arbitration" refers to the process of resolving disputes through binding arbitration, as stipulated in this Agreement.
1.3 "Confidential Information" refers to the Licensed Data and any other information disclosed under this Agreement that is designated as confidential or ought reasonably to be considered confidential.
1.4 "Consumer Protection Laws" refers to the laws and regulations intended to protect the rights of consumers in the jurisdiction where this Agreement is enforced.
1.5 "Derivative Works" refers to any work that is based upon, derived from, or incorporating the Licensed Data, including any modifications, enhancements, or adaptations.
1.6 "Force Majeure Event" refers to any event beyond a party's reasonable control, including but not limited to acts of God, natural disasters, terrorism, war, government actions, or labor disputes.
1.7 "Intellectual Property Rights" include but are not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights.
1.8 "Invoice" refers to the invoice as generated by the Licensor and billed to the Licensee for purchase of a specific dataset, including descriptions, fees, and payment terms.
1.9 "Lawful Termination" means the termination of this Agreement in accordance with the terms set forth herein.
1.10 "Licensee" refers to the party receiving the license to use the Licensed Data under this Agreement as listed in the Invoice.
1.11 "Licensor" refers to the party granting the license of the Licensed Data under this Agreement as listed in the Invoice, being PropCode Trading Pty Ltd (ABN 93 664 294 160).
1.12 "Licensed Data" means the property data and analytical datasets provided by the Licensor to the Licensee under this Agreement.
1.13 "Mediation" refers to the process of resolving disputes through the intervention of a mutually agreed-upon mediator, as outlined in this Agreement.

2. Grant of License

2.1 License Grant
The Licensor hereby grants to the Licensee a non-exclusive, non-transferable, and revocable license to access and use the provided property data and analytical datasets ("Licensed Data") solely for the Licensee’s internal business purposes, including by related entities. This license does not grant the Licensee any rights to sublicense, resell, or distribute the Licensed Data to any third parties unless expressly permitted in writing by the Licensor.
2.2 Scope of Use
The Licensee is authorised to utilise the Licensed Data for analysis, reporting, and decision-making within the Licensee’s organisation. The Licensee shall not use the Licensed Data for any purposes that are unlawful or prohibited by this Agreement.
2.3 Limitations
The Licensee shall not modify, transform, or create derivative works based on the Licensed Data without the prior written consent of the Licensor. Additionally, the Licensee is prohibited from using the Licensed Data in any way that could be deemed competitive with the Licensor’s business or in violation of the Licensor’s intellectual property rights.
2.4 Access and Security
The Licensor shall provide the Licensee with necessary access credentials or methods to access the Licensed Data. The Licensee agrees to maintain the security and confidentiality of such access methods and shall be responsible for all activities conducted under its account.
2.5 Compliance with Terms
The Licensee agrees to use the Licensed Data in compliance with this Agreement and all applicable laws and regulations. Any unauthorised use or breach of these terms may result in immediate termination of this license and potential legal action.

3. Data Usage Rights and Restrictions

3.1 Permitted Uses
The Licensee is permitted to use the Licensed Data for the following purposes, subject to all other terms in this section:
Conducting internal analysis and research;
Generating internal reports and presentations;
Supporting decision-making processes within the Licensee’s organisation;
Any other Additional Licensed Purpose(s) appearing in the Invoice.
3.2 Prohibited Uses
The Licensee shall not:
Redistribute, resell, lease, license, or otherwise make the Licensed Data available to third parties, unless explicitly permitted under this Agreement.
Use the Licensed Data in any manner that competes with the Licensor’s business.
Publish, publicly display, or disseminate the Licensed Data without prior written consent from the Licensor.
3.3 Modifications and Derivative Works
The creation of derivative works from the Licensed Data, in which critical content of the Licensed Data can be reconstructed granularly or in summary, is strictly prohibited unless prior written consent is obtained from the Licensor. Any approved derivative works shall remain subject to the terms of this Agreement and must prominently display appropriate credit to the Licensor.
3.4 Data Integration
While the Licensee may integrate the Licensed Data with other data sources for internal analysis, such integration must not infringe upon the intellectual property rights of the Licensor or any third party.
3.5 Compliance with Laws
The Licensee agrees to use the Licensed Data in compliance with all applicable local, state, national, and international laws and regulations, including but not limited to those related to privacy, data protection, and intellectual property.
3.6 Auditing Rights
The Licensor reserves the right to audit the Licensee’s use of the Licensed Data to ensure compliance with the terms of this Agreement. The Licensee agrees to provide reasonable assistance and access to information as necessary for such audits.

4. Data Accuracy and Quality

4.1 Accuracy and Completeness
The Licensor makes no representation or warranty regarding the accuracy, completeness, or currency of the Licensed Data. While efforts are made to ensure the quality and integrity of the data, errors, omissions, and outdated information may exist.
4.2 No Warranty
The Licensed Data is provided “as is” and the Licensor expressly disclaims any and all warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
4.3 Use at Licensee’s Risk
The Licensee acknowledges and agrees that it uses the Licensed Data at its own risk. The Licensor shall not be liable for any decisions made or actions taken by the Licensee in reliance upon any information or data furnished under this Agreement.
4.4 Data Updates
The Licensor may periodically update the Licensed Data. However, such updates are at the discretion of the Licensor and may not be regular or comprehensive. The Licensor does not warrant that the data will be updated to reflect current information.
4.5 Verification by Licensee
The Licensee is responsible for conducting its own verification and due diligence on the Licensed Data. The Licensee shall not rely on the Licensor for the accuracy or completeness of information and should independently verify any data used for critical or legally binding decisions.
4.6 Notification of Errors
In the event that the Licensee identifies any inaccuracies or issues within the Licensed Data, the Licensee is encouraged to notify the Licensor. However, the Licensor is under no obligation to act upon such information or to correct any errors within the Licensed Data.

5. Ownership and Intellectual Property Rights

5.1 Ownership of Licensed Data
The Licensor asserts and maintains all ownership rights to the Licensed Data. The Licensee acknowledges that the Licensed Data, and all intellectual property rights therein, are and shall remain the exclusive property of the Licensor. This Agreement does not transfer ownership of the Licensed Data or any intellectual property rights to the Licensee.
5.2 Acknowledgement of Rights
The Licensee acknowledges that the Licensed Data is protected by intellectual property laws and agrees to respect all such rights of the Licensor. The Licensee shall not claim any proprietary rights in the Licensed Data or any derivative works thereof.
5.3 Use of Trademarks
Any use of the Licensor’s trademarks, trade names, service marks, logos, or other identifiers by the Licensee must receive prior written approval from the Licensor. Such use shall be in accordance with the Licensor’s trademark policies and guidelines.
5.4 Preservation of Rights
The Licensee agrees to take no action that would jeopardise, limit, or interfere in any manner with the Licensor’s ownership of or rights in the Licensed Data. This includes refraining from filing any patent, copyright, or trademark applications related to the Licensed Data.
5.5 Notification of Infringement
In the event that the Licensee becomes aware of any unauthorised use of the Licensed Data or any infringement of the Licensor’s intellectual property rights, the Licensee agrees to promptly notify the Licensor and to provide reasonable assistance in addressing such infringement.
5.6 No Implied Licenses
Except for the rights expressly granted under this Agreement, no other rights are granted to the Licensee, either express or implied, with respect to the Licensed Data or any related intellectual property.

6. Confidentiality and Security Obligations

6.1 Confidentiality Obligations
The Licensee agrees to maintain the confidentiality of the Licensed Data, which shall be considered confidential information under this Agreement. The Licensee shall not disclose, publish, release, transfer, or otherwise make available the Confidential Information in any form to, or for the use or benefit of, any person or entity without the Licensor’s prior written consent.
6.2 Security Measures
The Licensee shall implement and maintain appropriate security measures to protect the Licensed Data from unauthorised access or disclosure. These measures shall be no less rigorous than those maintained by the Licensee for its own confidential information, and in any case, reasonably sufficient to protect the Licensed Data from unauthorised access, use, or disclosure.
6.3 Employee Access and Training
Access to the Licensed Data within the Licensee’s organisation shall be limited to those employees who need access for purposes consistent with this Agreement. The Licensee agrees to train its employees in the importance of maintaining the confidentiality and security of the Licensed Data.
6.4 Reporting of Unauthorised Use or Disclosure
In the event of any unauthorised use or disclosure of the Licensed Data, the Licensee shall promptly notify the Licensor and cooperate with the Licensor in every reasonable way to help regain possession of the Licensed Data and prevent its further unauthorised use.
6.5 Return or Destruction of Confidential Information
Upon termination or expiration of this Agreement, or upon the Licensor's written request, the Licensee shall return or destroy all copies of the Licensed Data in its possession, unless otherwise required by law to retain a copy.
6.6 Survival of Obligations
The obligations of confidentiality and security as set forth in this Agreement shall survive the termination or expiration of this Agreement and shall continue to bind the Licensee and its employees, agents, and representatives.

7. Payment Terms

7.1 Fees
The Licensee agrees to pay the Licensor a fee for access to the Licensed Data as outlined in the Invoice of this Agreement.
7.2 Invoice and Payment
The Licensor will provide the Licensee with an invoice for each payment required. Payment shall be made by the Licensee within 14 days of receipt of each invoice.
7.3 Late Payments
In the event of late payment, the Licensor reserves the right to charge a late fee of 25% per month on the unpaid balance. Continued failure to make timely payments may result in suspension or termination of the Licensee’s access to the Licensed Data.
7.4 Initial Delivery
Access to the Licensed Data will be provided to the Licensee upon completion of the first required payment or at such earlier time as the Licensee may choose at its sole discretion. Completion shall be deemed to occur when the full amount of such payment has been received in an account controlled by the Licensor.
7.5 No Refunds
All payments made under this Agreement are non-refundable, except as otherwise provided in this Agreement or required by applicable law.

8. Warranties, Disclaimers, and Liability

8.1 Warranties by the Licensor
The Licensor warrants that it has the right to grant the license to the Licensed Data as provided in this Agreement. The Licensor makes no other warranties, express or implied, with respect to the Licensed Data, its quality, accuracy, completeness, or fitness for a particular purpose.
8.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSED DATA IS PROVIDED “AS IS,” AND THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Licensor does not warrant that the use of the Licensed Data will be uninterrupted or error-free.
8.3 Limitation of Liability
IN NO EVENT SHALL A PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE LICENSED DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 Cap on Liability
The Licensor’s total liability arising out of or in connection with this Agreement or the use of the Licensed Data shall not exceed the amount paid by the Licensee to the Licensor under this Agreement during the twelve (12) months preceding the claim.
8.5 Indemnification by the Licensee
The Licensee shall indemnify the Licensor and its officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to the Licensee's use of the Licensed Data or breach of this Agreement. The Licensee’s liability to indemnify the Licensor will be reduced proportionately to the extent that an act or omission of the Licensor caused or contributed to the losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses.
8.6 Basis of the Bargain
The Licensee acknowledges that the Licensor has set its prices and entered into this Agreement in reliance upon the limitations of liability, disclaimers of warranties, and the indemnity provisions set forth herein, and that these provisions form an essential basis of the bargain between the parties.
8.7 Consumer Law
The relevant provisions of any applicable consumer protection laws apply in full force to, and override where necessary, this Agreement. For the purposes of such laws, the Licensee agrees that the Licensor has made no representations of fitness for any specific purpose and that the purchase is limited to the exact description of the Licensed Data appearing in the Invoice.

9. Termination and Consequences of Termination

9.1 Termination Rights
Either party may terminate this Agreement upon 14 days written notice to the other party. Additionally, the Licensor may terminate this Agreement immediately upon any breach by the Licensee of the terms and conditions of this Agreement, including but not limited to failure to make timely payments or unauthorised use of the Licensed Data.
9.2 Consequences of Termination
Upon termination of this Agreement for any reason, the Licensee must immediately cease all use of the Licensed Data and destroy or return all copies of the Licensed Data in its possession or control to the Licensor. The Licensee shall provide written certification of such destruction or return to the Licensor.
9.3 Survival of Certain Provisions
Notwithstanding the termination of this Agreement, the provisions of Sections 3, 6, and 8 shall survive termination and continue in full force and effect.
9.4 Settlement of Accounts
Upon termination, any outstanding payments owed to the Licensor under this Agreement become immediately due and payable.
9.5 No Liability for Termination
Neither party shall be liable to the other for any damages resulting from the lawful termination of this Agreement in accordance with its terms.
9.6 Return of Data
In the event of termination, the Licensee must also ensure that any third parties who have received the Licensed Data cease use and either destroy or return the data as directed by the Licensor.

10. Dispute Resolution

10.1 Good Faith Negotiation
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, the parties agree to first attempt to resolve the dispute through good faith negotiation for a period of 30 days.
10.2 Mediation
If the dispute cannot be resolved through negotiation, the parties agree to engage in mediation before a mutually agreed-upon mediator. Each party shall bear its own costs in the mediation, and the parties shall share equally the fees of the mediator.
10.3 No Class Actions
The parties agree that any disputes shall be resolved on an individual basis, and not as a plaintiff or class member in any purported class or representative action or proceeding.
10.4 Governing Law
This Agreement and any disputes arising from it shall be governed by the laws of the State of New South Wales, Australia.
10.5 Jurisdiction
For any matters not subject to arbitration as set forth in this Agreement, the parties consent to the exclusive jurisdiction and venue of the federal and state courts located in New South Wales.

11. Amendments and Waivers

11.1 Amendments
This Agreement may be amended, modified, or supplemented only by an agreement in writing signed by both parties. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.
11.2 Waivers
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. A waiver shall only be effective if it is in writing and signed by the party granting the waiver.
11.3 No Implied Waivers
The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
11.4 Effect of Amendment or Waiver
Any amendment or waiver effected in accordance with this section shall be binding upon the parties and their respective successors and assigns.
11.5 Notice of Amendments
Each party shall provide the other with prompt notice of any proposed amendments, modifications, or waivers to this Agreement, allowing for sufficient time to review and respond to such proposals.

12. Miscellaneous Provisions

12.1 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, war, government actions, or labour disputes ("Force Majeure Event"). Any party affected by such events shall notify the other party and shall use reasonable efforts to comply as soon as possible.
12.2 Assignment
The Licensee may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Licensor. Any attempted assignment or transfer without such consent shall be void. The Licensor may assign this Agreement in whole or in part.
12.3 Notices
All notices under this Agreement shall be in writing and shall be deemed given when personally delivered, when sent by confirmed email, or three days after being sent by prepaid postage to the addresses stipulated in this Agreement or to such other address as either party may specify in writing.
12.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, concerning such subject matter.
12.5 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
12.6 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their permitted successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.