Terms of Use

Cohabit Technology Group Pty Ltd (ABN 93 688 293 736)

Introduction and Acceptance of Terms
1. These Terms of Use (Terms) govern your access to and use of all services, platforms, websites, software, data products and reports provided by Cohabit Technology Group Pty Ltd (ABN 93 688 293 736) (CTG) and each member of the Cohabit Group. CTG enters into these Terms as head company and as agent for each other member of the Cohabit Group. Please read these Terms carefully before accessing or using any Cohabit service or platform.
2. By accessing or using any Cohabit service or platform, clicking "I agree", completing an order form, or executing a Subscription Agreement or Order Form, you agree to be bound by these Terms. If you do not agree, you must not access or use any Cohabit service or platform.
3. Cohabit operates three principal business lines, each subject to additional provisions set out in the relevant part of these Terms:
  - Insurance broking services, operated by the Insurance Broker (Cohabit Insurance Pty Ltd, ABN 77 694 152 308) as a Corporate Authorised Representative of Bellrock Advisory Pty Ltd (ABN 78 611 143 410) (AFSL 520 281) — see Section 7.
  - The Cohabit Data Platform, an online research, reporting and analytics platform for property and strata research, reporting and data services, operated by the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500) — see Sections 4, 5, 6 and 9.
  - A data sales and property reports platform, providing property and strata data products and building, pest and strata inspection reports, through the Reports Provider (O'Connors Property Reports Pty Limited, ABN 51 056 002 941) and the Platform Provider — see Sections 6 and 8.
4. These Terms should be read together with our Privacy Policy (available at our Website), our Financial Services Guide (FSG) (for Insurance Services), and any applicable Subscription Agreement, Order Form or Product Schedule.
5. We may update these Terms from time to time. We will notify active Subscribers of material changes by email at least 30 days before those changes take effect. Continued use of any Cohabit service after the effective date of the changes constitutes your acceptance of the revised Terms.
Definitions In these Terms, the following words and expressions have the meanings given below: Access Fee the fee payable by a Subscriber for access to the Data Platform or a Data Product, as set out in the relevant Subscription Agreement, Order Form or Product Schedule. AFCA the Australian Financial Complaints Authority (ABN 80 172 906 462), or its successor body. AFSL an Australian financial services licence granted under the Corporations Act. Agreement these Terms together with any applicable Subscription Agreement, Order Form, Product Schedule or Licence Schedule incorporated herein by reference. API an application programming interface that enables programmatic access to Cohabit's data products or platform functionality. AVM an automated valuation model, being a computer-generated estimate of property value derived from statistical modelling of comparable sales data and other inputs. Building Data any data, reports, records, documents or information obtained or derived from: (a) building and pest inspections conducted in respect of a property; (b) strata inspection reports prepared in respect of a strata scheme, including records obtained from a strata manager in connection with a strata search; and (c) any associated records, correspondence, financial statements, meeting minutes, by-laws, notices, levy schedules or other documents forming part of a strata scheme's records or a building inspection. Building and Pest Report a report generated through the Data Platform or by the Reports Provider based on information entered by or on behalf of a building inspector or pest inspector. Claim any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature however arising, whether present or future, fixed or unascertained, actual or contingent, whether at law, in equity, under statute or otherwise. Cohabit or We or Us or Our Cohabit Technology Group Pty Ltd (ABN 93 688 293 736), acting on its own behalf and as agent for each member of the Cohabit Group. Cohabit Group Cohabit Technology Group Pty Ltd (ABN 93 688 293 736) and each of its subsidiaries from time to time, including Cohabit Holdings Pty Ltd (ABN 53 688 294 377), Cohabit Platforms Pty Ltd (ABN 97 688 294 500), Cohabit Insurance Pty Ltd (ABN 77 694 152 308), and O'Connors Property Reports Pty Limited (ABN 51 056 002 941). Cohabit Holdings Cohabit Holdings Pty Ltd (ABN 53 688 294 377), the intermediate holding company of the Cohabit Group. Cohabit Holdings does not provide services directly to Subscribers. Cohabit Insurance Cohabit Insurance Pty Ltd (ABN 77 694 152 308), a subsidiary of CTG and Corporate Authorised Representative (CAR No. 001319809) of Bellrock Advisory Pty Ltd (ABN 78 611 143 410) (AFSL 520 281). Cohabit Materials all Intellectual Property Rights, Confidential Information, data, databases, platforms, models, algorithms, software, tools, reports, analytics, and other materials owned by or licensed to any member of the Cohabit Group. Cohabit Platforms Cohabit Platforms Pty Ltd (ABN 97 688 294 500), a subsidiary of CTG that operates the Data Platform, holds Building Data, and operates the data sales platform. Confidential Information any information of a party that is by its nature confidential or is identified as confidential, but excludes information that is or becomes publicly available other than through a breach of this Agreement. Consequential Loss economic loss, business interruption loss, loss of revenue, loss of profits, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of data, or any other indirect or consequential loss, howsoever arising. Corporations Act the Corporations Act 2001 (Cth). CTG Cohabit Technology Group Pty Ltd (ABN 93 688 293 736), the head company of the Cohabit Group and the contracting party under these Terms. Data Product any property data, strata data, AVM estimate, hazard score, market analytics report, suburb profile, building or pest report data, or other data or information product made available by Cohabit through its Data Sales Platform. Direct Loss loss or damage arising directly from a breach of this Agreement, excluding Consequential Loss. Force Majeure Event any circumstance beyond a party's reasonable control, including acts of God, fire, flood, cyclone, earthquake, pandemic, epidemic, government action, war, terrorism, industrial action, or failure of third-party infrastructure. FSG a financial services guide within the meaning of the Corporations Act. General Advice financial product advice that does not take into account a person's particular objectives, financial situation or needs, within the meaning of the Corporations Act. Insurance Broker Cohabit Insurance Pty Ltd (ABN 77 694 152 308), a Corporate Authorised Representative (CAR Number 001319809) of Bellrock Advisory Pty Ltd (ABN 78 611 143 410, AFSL 520 281), authorised to provide general insurance broking services. Insurance Contract a contract of insurance entered into by or on behalf of a Subscriber or client through Cohabit's insurance broking services. Insurance Services the insurance broking and related services provided by the Insurance Broker (Cohabit Insurance Pty Ltd, ABN 77 694 152 308). Licensee Bellrock Advisory Pty Ltd (ABN 78 611 143 410), holder of Australian Financial Services Licence number 520 281, under whose licence the Insurance Broker provides financial services. Intellectual Property Rights all patents, trade marks, service marks, registered designs, copyright, database rights, trade secrets, know-how, and all other intellectual property rights of any kind, whether registered or unregistered, and including applications for registration. Insights any platform-generated output, analysis, score, recommendation or summary produced automatically or semi-automatically by the Data Platform using algorithms, data models or artificial intelligence tools, including but not limited to the Cohabit Health Score and outputs of free data analysis tools. Insights are informational only and do not constitute professional advice. Invited User any person authorised by a Subscriber to access the Data Platform under the Subscriber's account. Loss any loss, damage, liability, cost or expense (including reasonable legal costs on a solicitor-and-client basis), whether present or future, fixed or unascertained, actual or contingent. Modifications all enhancements, updates, modifications, upgrades, new versions, configurations and derivative works relating to the Data Platform or any Cohabit Materials. OPR O'Connors Property Reports Pty Limited (ABN 51 056 002 941), a subsidiary of CTG that operates the property reports business. See also Reports Provider. Personal Information information or an opinion about an identified individual, or an individual who is reasonably identifiable, within the meaning of the Privacy Act. Permitted Purpose the permitted purpose for use of a Data Product as described in the relevant Product Schedule or Licence Schedule. Platform Provider Cohabit Platforms Pty Ltd (ABN 97 688 294 500), the entity responsible for operating and maintaining the Data Platform and associated services. Privacy Act the Privacy Act 1988 (Cth). Product Schedule a document issued by Cohabit setting out the specific terms applicable to a particular Data Product, Insurance Service, or Data Platform module. Report a strata management report, building and pest inspection report or any other report generated through, or provided by, the Data Platform or the Reports Provider. Reports formal inspection and analysis documents prepared by qualified professionals employed or engaged by the Reports Provider (O'Connors Property Reports Pty Limited), including strata inspection reports and building and pest inspection reports. Reports Provider O'Connors Property Reports Pty Limited (ABN 51 056 002 941), the entity responsible for generating and delivering property reports, strata inspection reports, and building and pest inspection reports. Data Platform the Cohabit Data Platform, being the online research, reporting and analytics platform operated by the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500), accessible via the Website or API, including all Modifications. References to the Platform in these Terms mean the Data Platform. Scraping Process any manual process or technology-enabled tool (including but not limited to robots, spiders, scrapers, crawlers, data mining tools or automated scripts) used to access, extract, index or copy data from any Cohabit platform, website or API other than as expressly authorised. Subscriber a person or entity that has entered into a Subscription Agreement with Cohabit, or has otherwise registered for and been granted access to any Cohabit service. Subscription Agreement a written agreement (including any Order Form) executed between Cohabit and a Subscriber that incorporates these Terms. Terms these Terms of Use, as amended from time to time. Third Party Data data supplied to Cohabit by third-party government bodies, data providers, insurers, industry bodies or other third parties. User any individual who accesses or uses any Cohabit service, platform or website, whether as a Subscriber, an Invited User or otherwise. Virus any virus, worm, Trojan horse, ransomware, spyware, malware or other malicious code or program. Website www.cohabit.com.au and all associated subdomains, applications and portals operated by Cohabit.
Services Overview Cohabit Technology Group Pty Ltd (CTG) enters into these Terms as the head company of the Cohabit Group and as agent for each other member of the Cohabit Group. While CTG is the contracting party with customers, the actual provision of specific services is carried out by the relevant Cohabit Group member as described below. Cohabit Holdings Pty Ltd (ABN 53 688 294 377) is an intermediate holding company and does not provide services directly to Subscribers.
1. Insurance Brokerage The Insurance Broker (Cohabit Insurance Pty Ltd, ABN 77 694 152 308, CAR No. 001319809) is a Corporate Authorised Representative of Bellrock Advisory Pty Ltd (ABN 78 611 143 410) (AFSL 520 281), which holds the relevant Australian Financial Services Licence. All insurance broking services, including the provision of financial product advice and dealing in financial products, are provided by the Insurance Broker. CTG enters into these Terms on behalf of the Insurance Broker for the purpose of providing insurance broking services to Subscribers. See Section 7 for full terms applicable to Insurance Services.
2. Data Platform The Cohabit Data Platform is an online research, reporting and analytics platform that enables subscribers to conduct property and strata research, generate strata inspection reports, building and pest reports and other property reports, and access data products that power third-party and partner applications. The Platform provides both paid and free-tier access across several product types, including: (a) paid API access for developers and data consumers; (b) free data analysis tools; (c) health check and property scoring products, including the Cohabit Health Score; and (d) research and reporting tools for strata managers, inspectors and property professionals. The Data Platform is operated by the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500). CTG enters into these Terms on behalf of the Platform Provider for the purpose of providing Data Platform services. See Sections 4, 5, 6 and 9 for full terms applicable to Data Platform use.
3. Data Sales Platform and Property Reports CTG, through the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500), operates a data sales platform that makes available property data products to business customers. Property reports, strata inspection reports, building and pest inspection reports and associated data products are generated and delivered by the Reports Provider (O'Connors Property Reports Pty Limited, ABN 51 056 002 941) as part of the Cohabit Group. CTG enters into these Terms on behalf of the Platform Provider and the Reports Provider for the purpose of providing data products and reports. See Section 8 for full terms applicable to Data Products and Reports.
Data Platform — Licence and Use
1. Grant of Licence Subject to payment of the applicable Access Fee and compliance with this Agreement, the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500) grants you a limited, non-exclusive, non-transferable licence to access and use the Data Platform during the term of your Subscription Agreement, solely for your own internal business purposes and subject to the restrictions in this Section 4. Depending on your subscription type, the licence may cover access to: (a) API endpoints and data feeds; (b) free data analysis tools; (c) health check and property scoring products, including the Cohabit Health Score; and (d) research and reporting tools for generating strata inspection reports, building and pest reports and other property reports.
2. Invited Users
  1. A Subscriber may authorise Invited Users to access the Data Platform under the Subscriber's account up to the number permitted in the applicable Subscription Agreement or Order Form.
  2. The Subscriber is responsible for all acts and omissions of its Invited Users as if they were the acts and omissions of the Subscriber.
  3. The Subscriber must promptly revoke an Invited User's access if that Invited User ceases to be employed by or engaged by the Subscriber, or if the Subscriber becomes aware of any misuse of that Invited User's credentials.
3. Account Security
  1. Each Subscriber and Invited User must maintain the security of their login credentials. Credentials must not be shared with any person who is not an authorised Invited User.
  2. You must notify Cohabit immediately at hello@cohabit.com.au if you become aware of any unauthorised access to or use of your account or credentials.
  3. You accept all responsibility, and will indemnify Cohabit and the Platform Provider, for all activity that occurs under your account, including activity by any Invited User or any unauthorised person who accesses your account using your credentials.
4. Restrictions on Use You must not, and must not permit any Invited User or other person to:
  - use the Data Platform for any purpose other than the Subscriber's own internal business purposes;
  - copy, reproduce, reverse engineer, decompile, disassemble, translate or create derivative works from the Data Platform or any underlying software;
  - sublicense, resell, provide access to, or otherwise make available the Data Platform or any outputs from it to any third party, except as expressly permitted by the Platform Provider in writing;
  - use the Data Platform to store, transmit or process data that infringes the intellectual property rights or privacy of any person;
  - input or upload any Cohabit Materials or Report outputs to any artificial intelligence platform, large language model (LLM), generative AI tool or similar technology without the prior written consent of the Platform Provider;
  - use any Scraping Process to access or extract data or functionality from the Data Platform;
  - use the Data Platform for any competitive purpose, including for the benefit of any direct or indirect competitor of Cohabit or any Cohabit Group member;
  - circumvent, disable or interfere with any security feature, access control or technical measure protecting the Data Platform;
  - transmit any Virus or malicious code to or through the Data Platform;
  - engage in any activity that places an unreasonable or disproportionate load on the Platform Provider's infrastructure;
  - use the Data Platform in any manner that breaches applicable law, including the Privacy Act, the Spam Act 2003 (Cth), and the Australian Consumer Law. Provided that, nothing in this clause prevents a person who is an Authorised Representative of a Cohabit Group member from using the Platform in the ordinary course of their activities as an Authorised Representative under a current and valid Authorised Representative agreement with the relevant Cohabit Group member.
5. Communications Features Where the Data Platform includes functionality enabling you to send communications to third parties (including automated emails, reports or notices), you must:
  - only use those features for lawful purposes and in compliance with the Spam Act 2003 (Cth) and applicable privacy laws;
  - not use those features to send unsolicited commercial electronic messages;
  - ensure you have all required consents before sending communications to third parties.
6. Platform Modifications
  1. The Platform Provider (Cohabit Platforms Pty Ltd) may at any time, and at its discretion, modify, update, enhance or reconfigure the Data Platform or any of its features, including adding, removing or amending functionality. The Platform Provider will use reasonable endeavours to minimise disruption to Subscribers.
  2. If the Platform Provider proposes to decommission a material feature of the Data Platform or cease providing the Data Platform entirely, it will provide at least 90 days' prior written notice to affected Subscribers. The Platform Provider may update or modify non-material features at any time without notice.
Data Platform — User Obligations
1. Lawful and Appropriate Use You must use the Data Platform only for lawful purposes and in a manner consistent with all applicable laws and regulations, including those governing the professional conduct of building inspectors, pest inspectors, strata managers and property professionals.
2. Data Accuracy You are solely responsible for the accuracy, completeness and legality of all data, information and content you enter into or upload to the Data Platform. The Platform Provider does not verify or validate data entered by Users.
3. Professional Qualifications Where you use the Data Platform to generate Reports intended to be delivered to clients or relied upon for professional purposes, you represent and warrant that you hold all applicable licences, registrations, professional qualifications and professional indemnity insurance required to provide those Reports in the relevant jurisdiction.
4. Network and Systems Compliance You must ensure that your network, systems and devices comply with all applicable technical requirements communicated by the Platform Provider from time to time, and that your use of the Data Platform does not compromise the security, integrity or availability of the Platform Provider's systems or those of other Users.
5. Prohibited Activities In addition to the restrictions in Section 4.d, you must not use the Data Platform to:
  - generate or distribute false, fraudulent, deceptive or misleading reports or information;
  - engage in any conduct that would constitute a contravention of Part IV of the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law;
  - infringe the intellectual property rights of any person;
  - harass, defame, vilify or otherwise harm any individual or entity;
  - engage in any activity that would constitute a notifiable data breach or a breach of the Privacy Act in relation to any person's Personal Information;
  - use the Platform in a manner that damages or impairs the reputation of Cohabit, the Platform Provider or any other Cohabit Group member.
6. Indemnity You will indemnify, defend and hold harmless Cohabit, the Platform Provider, and each other member of the Cohabit Group and their respective officers, employees, contractors and agents from and against any Claim or Loss arising from: (a) your breach of this Section 5 or Section 4; (b) your use of the Data Platform in a manner not authorised by this Agreement; or (c) any data, content or material you enter into, upload to or generate through the Data Platform.
7. Authorisation to Conduct Strata Searches By registering for and using the Platform, the Subscriber grants Cohabit and the Reports Provider (O'Connors Property Reports Pty Limited) a standing authorisation to conduct strata record searches on the Subscriber's behalf in respect of any strata scheme associated with the Subscriber's account. This authorisation: (a) is ongoing and continuous for the duration of the Subscriber's use of the Platform; (b) entitles Cohabit and the Reports Provider to access and review the records of the relevant strata scheme as held by the strata manager from time to time; (c) does not require separate written authorisation for each individual search; and (d) may be revoked by the Subscriber at any time by written notice to reports@cohabit.com.au, subject to any searches already in progress. The Subscriber warrants that it has the authority to grant this authorisation, including in any case where it acts on behalf of an owner, lot holder or occupant.
Data Platform — Reports and Data Accuracy
1. Nature of Reports
  1. Reports generated through the Data Platform (including strata management reports and building and pest inspection reports) are tools designed to assist qualified professionals. They are based solely on information entered by the User and are not independently verified by the Platform Provider or any Cohabit Group member. This clause applies to Insights and user-generated content only and does not apply to Reports prepared by the Reports Provider under Section 6B.
  2. The Platform Provider makes no representation that any Report is complete, accurate or fit for any particular purpose. The output of any Report is entirely dependent on the accuracy and completeness of the data entered by the User.
2. Strata Management Reports
  1. The Data Platform's strata reporting features provide tools to assist strata managers and property professionals to prepare reports. They do not substitute for the professional judgment of the strata manager.
  2. Any strata management report generated through the Data Platform: (a) reflects only the information entered by the User; (b) does not constitute legal, financial, structural or other professional advice; (c) may not reflect all matters relevant to the property or strata scheme; and (d) must be reviewed and verified by the User before delivery to any client.
3. Building and Pest Inspection Reports
  1. The Data Platform's building and pest reporting features provide tools to assist licensed building consultants and pest inspectors to record findings and generate reports. They do not substitute for an on-site inspection by a qualified inspector.
  2. Any Building and Pest Report generated through the Data Platform: (a) is based solely on information entered by the inspector; (b) is not a substitute for an on-site inspection; (c) does not constitute structural, engineering or legal advice; and (d) must be reviewed and verified by the licensed inspector before delivery to any client.
4. Third-Party Data in Reports
  1. Reports may incorporate Third Party Data sourced from government databases, public registers, title data providers or other third-party sources. The Platform Provider does not warrant the accuracy, currency or completeness of any Third Party Data.
  2. Where Third Party Data is incorporated into a Report, it is provided on an "as is" basis. The Platform Provider expressly disclaims all warranties in relation to Third Party Data.
5. No Professional Advice Nothing in any Report, or in any content made available through the Data Platform, constitutes professional advice of any kind, including legal, financial, structural, engineering, valuation or insurance advice. You must not represent to any client or third party that a Report constitutes professional advice.
6. User Responsibility for Report Outputs The Subscriber and the relevant User bear sole responsibility for: (a) the accuracy and completeness of information entered into the Data Platform; (b) the professional quality of Reports delivered to clients; (c) compliance with all applicable professional standards and regulations; and (d) any advice given to clients based on or in connection with any Report.
7. Third-Party Application Data Feeds The Data Platform also powers data feeds and product integrations for third-party applications. Where Platform data is used to power a third-party product, Cohabit makes no warranty as to how that data is presented, interpreted or applied by the third party.
Cohabit Health Score
1. Nature of the Health Score The Cohabit Health Score is a proprietary rating system developed and maintained by Cohabit Platforms Pty Ltd. It assigns a score or rating to a property, strata scheme, or other subject matter based on a combination of: (a) objective data inputs sourced from third-party providers, government datasets and the Platform's own databases; and (b) proprietary analytical methodologies, algorithms, and weightings that incorporate the subjective judgements of Cohabit's analysts and data scientists. The Cohabit Health Score is an Insight as defined in these Terms and is not a Report. The Cohabit Health Score is an indicative output only.
2. Subjective elements and disagreement You acknowledge and agree that:
  1. the Health Score reflects Cohabit's proprietary view and may incorporate assumptions, weightings and judgements with which You or third parties may disagree;
  2. a low or adverse Health Score does not constitute a finding, determination, certification or professional opinion in respect of the relevant property or scheme;
  3. a high or positive Health Score does not constitute a guarantee, warranty or assurance as to the quality, safety, financial health or condition of the relevant property or scheme;
  4. You must not represent the Health Score as a professional valuation, inspection report, financial advice, or legal opinion; and
  5. Cohabit is under no obligation to disclose the specific methodology, weighting, algorithm or data inputs used to generate any particular Health Score.
3. No reliance for material decisions The Health Score is designed as a research and screening tool only. It must not be the sole basis for any material financial, legal or property decision. You remain solely responsible for conducting your own due diligence, obtaining appropriate professional advice, and verifying the accuracy of any information underlying or relating to a Health Score before acting on it.
4. Changes to methodology Cohabit reserves the right to modify the Health Score methodology, data inputs, weighting and scoring scale at any time without notice. As a result, a Health Score for any given property or scheme may change over time without any change to the underlying property or scheme itself. Cohabit is not liable for any loss or damage arising from changes to Health Score methodology or from fluctuations in a Health Score over time.
5. Intellectual property The Health Score methodology, algorithms, weightings, scoring models and related analytical frameworks are the exclusive Intellectual Property of Cohabit Platforms Pty Ltd. Nothing in these Terms grants You any right, title or interest in the Health Score methodology. You must not attempt to reverse-engineer, replicate, or commercially exploit the Health Score methodology or any component of it.
6. Dispute regarding a Health Score If You believe a Health Score contains a factual error arising from incorrect input data, You may submit a written dispute to reports@cohabit.com.au. Cohabit will investigate factual disputes in good faith but is under no obligation to alter a Health Score based on a disagreement with Cohabit's methodology, weightings or subjective judgements. Cohabit's determination of any factual dispute is final.
7. Liability exclusion To the maximum extent permitted by law, Cohabit excludes all liability for any loss or damage arising from: (a) reliance on a Health Score for any purpose; (b) an inaccurate, incomplete or outdated Health Score; (c) any change in a Health Score over time; or (d) any disagreement with the methodology, assumptions or judgements underlying a Health Score. This exclusion applies whether or not You were advised of the possibility of such loss.
Strata Inspection Reports — Preparation and Limitations
1. Qualified preparers Reports are prepared by O'Connors Property Reports Pty Limited (ABN 51 056 002 941) (OPR) using experienced strata professionals who hold appropriate professional qualifications and insurances. Each Report is based on the inspector's assessment of the records made available at the time of inspection.
2. Basis of report: strata manager records search A Report is prepared on the basis of a search of the relevant building's records as held by the strata manager at the time the search is conducted. The scope and completeness of a Report is directly dependent on the records that the strata manager makes available to OPR. OPR does not have independent access to a strata scheme's records and relies entirely on the strata manager's disclosure of those records.
3. Limitations arising from non-disclosure or unavailability of records You acknowledge and agree that:
  1. not all records relevant to a strata scheme may be disclosed by the strata manager, whether intentionally, inadvertently, or as a result of the records being incomplete, misfiled, missing or otherwise unavailable at the time of the search;
  2. OPR exercises all reasonable endeavours to identify and review all records ordinarily required to complete a strata inspection report, but cannot review, report on or disclose records that have not been made available to it;
  3. a Report does not represent a comprehensive or exhaustive review of all matters affecting a strata scheme, and may not reflect information contained in records that were not disclosed or made available at the time of the search;
  4. OPR has no control over, and accepts no responsibility for, the completeness, accuracy or currency of the records held by or disclosed by any strata manager; and
  5. the absence of a matter in a strata inspection report does not mean that matter does not exist — it may mean only that records relating to that matter were not available at the time of the search.
4. No liability for undisclosed or unavailable records To the maximum extent permitted by law, OPR and the Cohabit Group exclude all liability for any loss, damage or claim arising from:
  1. records that were not disclosed by the strata manager, whether deliberately or otherwise;
  2. records that were unavailable, missing, incomplete or concealed at the time of the search;
  3. information that would have been material to a strata inspection report but was not contained in the records made available to OPR; or
  4. any reliance on a Report as a complete or exhaustive account of all matters affecting the relevant strata scheme.
5. Professional insurance OPR maintains professional indemnity insurance and public liability insurance appropriate to the provision of strata inspection reports. Details of OPR's current insurance coverage are available on request at reports@cohabit.com.au. Nothing in this clause limits or expands the liability exclusions set out elsewhere in these Terms.
6. Report currency A Report reflects the state of the records made available to OPR at the date of the search only. It does not account for events, decisions, correspondence or other matters arising after that date. You are responsible for obtaining an updated Report if You require current information.
Insurance Broking Services
1. AFSL Disclosure and Regulatory Status
  1. Cohabit Insurance Pty Ltd (ABN 77 694 152 308) provides insurance broking services as a Corporate Authorised Representative (CAR Number 001319809) of Bellrock Advisory Pty Ltd (ABN 78 611 143 410), which holds Australian Financial Services Licence number 520 281 (the Licensee). Cohabit Insurance Pty Ltd is authorised by the Licensee to deal in and provide general advice on general insurance products. Cohabit Insurance Pty Ltd does not hold its own Australian Financial Services Licence; it provides financial services under the Licensee's licence. CTG acts as agent for the Insurance Broker for the purpose of entering into these Terms on its behalf.
  2. As an insurance broker, the Insurance Broker acts on behalf of its clients (not on behalf of any insurer) when arranging and placing insurance products. The Insurance Broker's duty is to act in the best interests of clients in relation to the financial services it provides.
  3. The Insurance Broker, acting within the scope of its authority as a Corporate Authorised Representative of Bellrock Advisory Pty Ltd, is authorised to provide general financial product advice and to deal in insurance products within the scope of its authority. All such activities are conducted under and subject to the terms and conditions of the Licensee's AFSL (No. 520 281). The Licensee is responsible for ensuring the Insurance Broker complies with the Corporations Act in the provision of financial services.
2. Financial Services Guide
  1. The Insurance Broker will make available a Financial Services Guide (FSG) issued under the Licensee's AFSL (No. 520 281). The FSG sets out information about the Insurance Broker and the Licensee, the financial services offered, remuneration arrangements, and the complaints process.
  2. The current FSG is available at our Website and will be provided to you upon request. You acknowledge that You have been given the opportunity to obtain and read the FSG prior to receiving any financial services.
3. Nature of Advice
  1. Unless the Insurance Broker expressly states in writing that it is providing personal advice to you (being advice that takes into account your particular objectives, financial situation and needs), all financial product advice provided by the Insurance Broker constitutes General Advice only.
  2. General Advice does not take into account your individual circumstances, objectives, financial situation or needs. Before acting on any General Advice, you should consider whether it is appropriate for you, having regard to your own objectives, financial situation and needs. You should obtain and consider any relevant Product Disclosure Statement (PDS) before making any decision about a financial product.
  3. The Insurance Broker's Insurance Services are focused on strata and property insurance. The Insurance Broker does not provide advice in relation to life insurance, superannuation or any financial product outside the scope of its authority as a Corporate Authorised Representative of the Licensee.
4. Remuneration and Commission Disclosure
  1. The Insurance Broker may receive remuneration from insurers in the form of commissions, fees, volume bonuses or other payments in connection with the placement of insurance products. Details of remuneration arrangements will be disclosed in the FSG and, upon request, in a Statement of Advice (if personal advice is provided).
  2. Commission is typically calculated as a percentage of the insurance premium (excluding applicable taxes and government charges). The Insurance Broker will disclose the approximate amount or range of commission it expects to receive before placing any insurance product on your behalf.
  3. The existence of commission arrangements does not affect the obligation of the Insurance Broker to act in your best interests where required by law.
5. No Guarantee of Coverage
  1. The Insurance Broker's role is to assist you in identifying and placing appropriate insurance products with insurers. The Insurance Broker does not guarantee that any particular insurance product will be available, that coverage will be granted, or that any claim will be paid.
  2. The existence of an insurance policy depends on the terms and conditions of that policy as agreed between you (or the insured) and the relevant insurer. The Insurance Broker is not a party to any insurance contract.
  3. You are responsible for reviewing all insurance documentation, including the relevant Product Disclosure Statement (PDS), the policy wording, and any endorsements or exclusions, to ensure that the coverage meets your needs.
6. Duty to Take Reasonable Care Not to Make a Misrepresentation
  1. Under the Insurance Contracts Act 1984 (Cth), you have a duty to take reasonable care not to make a misrepresentation to an insurer before entering into a contract of insurance, renewing a contract, or varying the terms of a contract of insurance.
  2. If you fail to comply with this duty, the insurer may be entitled to reduce the amount it pays on a claim, refuse to pay a claim, or avoid the contract of insurance entirely.
  3. Your duty to take reasonable care applies when you first take out a policy, when you renew a policy and when you vary a policy. Please contact the Insurance Broker if you are unsure about your disclosure obligations.
7. Claims Handling
  1. The Insurance Broker may assist you in lodging and managing insurance claims with insurers as part of its insurance broking services. Claims management services are provided as a courtesy and do not constitute a guarantee of the outcome of any claim.
  2. All claims must be lodged in accordance with the requirements of the relevant insurance policy and within any applicable time limits. You are responsible for complying with all claims notification and claims management requirements of the relevant policy.
  3. Where the Insurance Broker provides claims management services, it does so as agent for the insured. The Insurance Broker does not act as agent for the insurer in connection with claims handling.
8. Cooling-Off Rights
  1. If you are a retail client (within the meaning of the Corporations Act), you may have a right to return a financial product within a cooling-off period. Cooling-off rights depend on the type of financial product and the applicable legislation.
  2. The Insurance Broker will inform you of any applicable cooling-off rights before or at the time of placing any insurance product on your behalf.
9. Complaints and Internal Dispute Resolution
  1. Complaints about insurance broking services may be directed to:
    - the Insurance Broker's internal dispute resolution process at complaints@cohabit.com.au;
    - the Licensee's complaints process at Bellrock Advisory Pty Ltd (ABN 78 611 143 410, AFSL 520 281); or
    - the Australian Financial Complaints Authority (AFCA) at www.afca.org.au or 1800 931 678.
  2. The Insurance Broker will acknowledge your complaint within 2 business days and will endeavour to resolve your complaint within 30 calendar days of receipt. If you are not satisfied with the outcome of the Insurance Broker's internal process, you may escalate to the Licensee's complaints process or to AFCA.
10. Australian Financial Complaints Authority (AFCA)
  1. If you are not satisfied with our response to your complaint, or if your complaint is not resolved within 30 calendar days of being received, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA).
  2. AFCA provides a free and independent dispute resolution service. You can contact AFCA at:
    - Website: www.afca.org.au
    - Phone: 1800 931 678 (free call)
    - Email: info@afca.org.au
    - Post: AFCA, GPO Box 3, Melbourne VIC 3001
  3. Time limits apply to making a complaint with AFCA. Further information is available at www.afca.org.au.
11. Regulatory Compliance The Insurance Broker's Insurance Services are subject to, and the Insurance Broker complies with, all applicable requirements of:
  - the Corporations Act 2001 (Cth) and relevant ASIC instruments and regulatory guides;
  - the Insurance Contracts Act 1984 (Cth);
  - the Australian Securities and Investments Commission Act 2001 (Cth);
  - the General Insurance Code of Practice (where applicable);
  - the Privacy Act 1988 (Cth) and Australian Privacy Principles; and
  - all other applicable Commonwealth and State legislation and regulatory requirements.
12. Data Sharing with Underwriting Agencies Where the Insurance Broker shares Shared Data with an Underwriting Agency in connection with an insurance broker agreement, the terms of Schedule 1 (Data Sharing with Underwriting Agencies) apply.
Data Sales Platform
1. Data Products Available
  1. Cohabit's Data Sales Platform makes available a range of property and strata data products to business customers. Property reports, strata inspection reports, building and pest inspection reports and associated data products are generated and delivered by the Reports Provider (O'Connors Property Reports Pty Limited, ABN 51 056 002 941) as part of the Cohabit Group. Data products and platform infrastructure are provided by the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500).
  2. The specific Data Products available to a Subscriber, the licence terms applicable to each Data Product, and any additional restrictions or permissions, are set out in the relevant Product Schedule or Licence Schedule.
2. Licence Grant — Data Products
  1. Subject to payment of the applicable Access Fee and compliance with this Agreement (including any applicable Product Schedule), Cohabit grants you a limited, non-exclusive, non-transferable, revocable licence to use the Data Products for the Permitted Purpose during the applicable licence term.
  2. Except as expressly permitted in the relevant Product Schedule or Licence Schedule, this licence does not include the right to:
    - reproduce, distribute, communicate, publish or make available the Data Product or any portion of it to any third party;
    - incorporate the Data Product into any product, database or service intended for commercial distribution or sale;
    - sublicense or otherwise transfer any rights in the Data Product;
    - use the Data Product for any Direct Marketing purpose (where "Direct Marketing" includes telemarketing, bulk email, postal campaigns or electronic messaging targeted to individuals based on data derived from any Data Product).
3. Permitted Use — Internal Business Use
  1. Unless the relevant Product Schedule or Licence Schedule expressly provides for a broader licence (including a reseller or redistribution licence), you may only use Data Products for your own internal business purposes.
  2. If you wish to use Data Products for purposes beyond internal business use (including to generate client-facing outputs or to incorporate Data Products into a resold product), you must obtain a separate written licence from Cohabit.
4. Resale and Redistribution Restrictions
  1. You must not sell, resell, sublicense, redistribute, on-supply or otherwise commercially exploit any Data Product or any derivative thereof, directly or indirectly, without the prior written consent of Cohabit.
  2. If you provide any output, report or analysis that incorporates or is derived from a Data Product to any third party (including clients), you must ensure that such output is appropriately labelled and qualified, and that the third party does not receive rights beyond those you hold.
  3. You must not: (a) use or index any Data Product for the purpose of constructing or populating a database of property information intended for commercial distribution; or (b) make available any Data Product through a public-facing API, website or platform without prior written consent of Cohabit.
5. Data Accuracy and Currency
  1. Cohabit, through the Platform Provider and Reports Provider, uses reasonable care to ensure that Data Products are sourced from reliable sources and processed accurately. However, Cohabit does not warrant the accuracy, completeness or currency of any Data Product.
  2. Property and strata data can change rapidly. Data Products may not reflect recent transactions, recent changes to title, zoning amendments, or other recent events. You should independently verify any information in a Data Product before relying on it for any significant decision.
  3. Cohabit incorporates Third Party Data into some Data Products. Third Party Data is provided by government bodies, data providers and industry bodies and is made available on an "as is" basis. Cohabit does not warrant the accuracy of Third Party Data.
6. No Reliance
  1. Data Products are provided as informational tools for use by business customers as an input to their own analysis and decision-making processes. They are not professional advice of any kind.
  2. You must not place undue reliance on any Data Product as the sole or primary basis for any business decision, property transaction, lending decision, insurance underwriting decision or other significant decision.
7. AVM and Automated Estimate Disclaimers
  1. Where a Data Product includes an automated valuation model estimate (AVM), automated price estimate or any algorithmically generated property value estimate:
    - the AVM is an indicative estimate generated by statistical modelling of publicly available and Third Party Data and must not be treated as a formal valuation;
    - the AVM does not take into account the individual condition, quality or unique features of a specific property; renovations, damage or encumbrances; or any matter that would be apparent from an on-site inspection;
    - the AVM must not be used as a substitute for a formal valuation conducted by a registered valuer under the Valuers Act 2003 (NSW) (or equivalent legislation) for any purpose that requires a formal valuation (including mortgage lending or compulsory acquisition);
    - Cohabit expressly excludes all warranties and representations as to the accuracy of any AVM estimate and excludes all liability for any Loss arising from reliance on an AVM estimate, to the maximum extent permitted by law.
8. API Access Terms
  1. Where your Data Product licence includes access to Cohabit's API, the following additional terms apply:
    - You may access the API only via the endpoints and methods specified in Cohabit's API documentation and only for the Permitted Purpose.
    - You must not exceed the API rate limits specified in your Product Schedule or Licence Schedule.
    - You must not use automated batch queries, Scraping Processes or other methods to extract data in bulk beyond the scope of your licence.
    - You must implement and maintain reasonable security measures to protect your API credentials.
    - Cohabit may monitor API usage and may suspend API access immediately if it reasonably believes that your usage exceeds the scope of your licence or represents a security risk.
    - You must not attempt to access any API endpoint not specified in your Product Schedule or authorised in writing by Cohabit.
  2. Cohabit may modify, deprecate or discontinue API endpoints on at least 30 days' written notice to affected Subscribers, except in circumstances where immediate changes are required to address a security vulnerability or legal requirement.
9. Data Licensing Tiers
  1. Cohabit offers Data Products on multiple licensing tiers as described in the relevant Product Schedule. Licensing tiers may differ in terms of volume, permitted use, API access rights and commercial terms.
  2. You must not use a lower-tier licence in a manner that would require a higher-tier licence. If Cohabit determines that your use exceeds your licensed tier, Cohabit may invoice you for the difference in fees applicable to the higher tier.
10. Third-Party Data Source Acknowledgements
  1. Data Products may incorporate data sourced from third-party government bodies, data providers and industry bodies. By using any Data Product containing Third Party Data, you acknowledge that your use is subject to any restrictions imposed by the relevant third-party data provider.
  2. Without limiting clause 8.10.1, specific third-party data use restrictions include:
    - Data sourced from Queensland Government land registries must not be used for direct marketing or in breach of applicable state legislation.
    - Data sourced from G-NAF (Geoscape) is subject to the G-NAF End User Licence Agreement.
    - Data sourced from the Australian Bureau of Statistics is available under Creative Commons Attribution 4.0 International licence.
  3. Cohabit makes no representation that Third Party Data providers have consented to any particular use of their data beyond the scope of their standard licence terms.
11. Intellectual Property in Data Products
  1. All Intellectual Property Rights in the Data Products (including in any compiled datasets, analytical models, indices and derivative products) are owned by the relevant member of the Cohabit Group (as applicable) or their licensors. Nothing in this Agreement transfers any Intellectual Property Rights in any Data Product to you.
  2. Cohabit and the relevant Cohabit Group members own all Intellectual Property Rights in any value-added enrichment, normalisation, aggregation, analysis or processing applied to Third Party Data in the creation of a Data Product.
  3. You must not attempt to extract, reconstruct, republish or otherwise exploit the underlying data, structure or methodology of any Data Product in a manner that would infringe the Intellectual Property Rights of any Cohabit Group member or any third-party data provider.
12. De-Anonymisation Prohibition Unless expressly permitted by a Product Schedule, you must not use, or attempt to use, any Data Product (alone or in combination with any other data source) to identify, re-identify or de-anonymise any individual whose information has been de-identified or anonymised.
13. AI Prohibition You must not input or upload any Data Product, or any portion of a Data Product, into any artificial intelligence platform, large language model, generative AI tool or similar technology without the prior written consent of Cohabit.
14. Usage and API Data We may collect technical and usage information relating to access to and use of the Services, including User activity and records of API requests. This information may include account and user identifiers, API endpoints accessed, timestamps, IP addresses, request and response sizes, and diagnostic information. We use this information to operate, secure, support, monitor and improve the Services, enforce usage limits and investigate misuse. Further information is provided in our Privacy Policy.
Cohabit Obligations
1. Service Standard Cohabit will provide the Data Platform and Insurance Services with reasonable skill and care, and in accordance with all applicable laws.
2. Availability
  1. Cohabit aims to provide the Data Platform on a 24/7 basis but does not guarantee uninterrupted or error-free access. Scheduled maintenance will be communicated in advance where practicable.
  2. Cohabit does not warrant that the Data Platform will be available at any particular time or that access will be continuous or free from errors or interruptions.
3. Force Majeure Cohabit will not be liable for any failure or delay in performing any of its obligations under this Agreement to the extent that such failure or delay is caused or contributed to by a Force Majeure Event, provided that Cohabit notifies you as soon as reasonably practicable and uses commercially reasonable endeavours to mitigate the effects of the Force Majeure Event.
4. Security Cohabit will implement and maintain commercially reasonable administrative, technical and physical security measures to protect the confidentiality and integrity of Subscriber data held on the Data Platform.
5. Subcontracting Cohabit may engage subcontractors and third-party service providers (including cloud infrastructure providers) to assist in delivering the Data Platform and other services. Cohabit remains responsible for the acts and omissions of its subcontractors to the extent those acts or omissions would constitute a breach of this Agreement.
Payment Terms
1. Access Fees The Subscriber must pay the Access Fee in the manner and on the payment schedule specified in the applicable Subscription Agreement, Order Form or Product Schedule. All fees are payable to Cohabit Technology Group Pty Ltd unless otherwise specified.
2. Payment Grace Period If a Subscriber fails to pay any amount due by the due date, Cohabit will issue a payment reminder. The Subscriber has 7 days from the date of the reminder to make payment. If payment is not received within that period, Cohabit may:
  - suspend the Subscriber's access to the relevant service; and/or
  - charge interest on the overdue amount at the rate of 5% per annum above the Reserve Bank of Australia's cash rate, calculated daily from the due date until the date of actual payment.
3. Fee Increases Cohabit may vary the Access Fee applicable to any service by providing the Subscriber with at least 30 days' prior written notice. If the Subscriber does not wish to accept the revised Access Fee, the Subscriber may terminate the relevant service on written notice before the revised fee takes effect.
4. Taxes All fees are stated exclusive of GST (Goods and Services Tax) and any other applicable taxes unless expressly stated otherwise. Where GST is applicable, Cohabit will issue a valid tax invoice and the Subscriber must pay GST in addition to the stated fee.
5. Data Backup and Export Cohabit may charge an additional fee for data backup services or data export services requested by the Subscriber outside any standard functionality included in the applicable Subscription Agreement or Product Schedule.
6. Unauthorised Use If any Cohabit Materials, Data Products or Data Platform outputs are used in a manner that exceeds the scope of the Subscriber's licence, Cohabit may charge the Subscriber a fee equal to the fee that would have been payable had the use been licensed, together with any costs incurred by Cohabit in identifying and responding to the unauthorised use.
Confidentiality
1. Mutual Obligations Each party (the Receiving Party) agrees that it will:
  - keep confidential all Confidential Information of the other party (the Disclosing Party);
  - not use the Disclosing Party's Confidential Information for any purpose other than the performance of its obligations or exercise of its rights under this Agreement;
  - not disclose the Disclosing Party's Confidential Information to any person, except as permitted in clause 11.2; and
  - take all reasonable steps to protect the Disclosing Party's Confidential Information from unauthorised access, use or disclosure.
2. Permitted Disclosure A Receiving Party may disclose Confidential Information:
  - to its employees, officers, contractors and professional advisers who have a need to know it for the purposes of this Agreement and who are bound by confidentiality obligations at least as stringent as those in this Section 11;
  - to the extent required by applicable law or by a competent court, regulator or tribunal, provided that the Receiving Party gives the Disclosing Party as much prior notice as practicable and cooperates with the Disclosing Party in seeking any available protection; or
  - with the prior written consent of the Disclosing Party.
3. Survival The obligations under this Section 11 survive the termination or expiry of this Agreement for a period of 5 years, except in relation to trade secrets and Personal Information, which remain confidential indefinitely.
4. Injunctive Relief Each party acknowledges that a breach of this Section 11 may cause irreparable harm that cannot be adequately compensated by monetary damages. Each party agrees that the other party is entitled to seek injunctive or other equitable relief to prevent or restrain any actual or threatened breach of this Section 11.
Privacy
1. Privacy Policy Cohabit collects, holds, uses and discloses Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our Privacy Policy (available at our Website) sets out how we manage Personal Information.
2. Subscriber Responsibilities
  1. The Subscriber must comply with all applicable privacy laws in connection with its use of the Data Platform and any Data Products, including the Privacy Act and the APPs.
  2. Where the Subscriber uses the Data Platform to collect, store or process Personal Information of third parties (including clients, tenants, property owners or building occupants), the Subscriber is the data controller in respect of that Personal Information and is solely responsible for ensuring that its collection, use and disclosure of that Personal Information complies with all applicable privacy laws.
  3. The Subscriber must not submit to the Data Platform or any Data Product API any sensitive information (including health information, financial information or government identifiers) of any individual except as expressly authorised under these Terms or any applicable Product Schedule.
3. Data Breach Notification
  1. If you become aware of any actual or suspected unauthorised access to, disclosure of or loss of Cohabit Materials, Subscriber data or Personal Information, you must notify Cohabit immediately at hello@cohabit.com.au.
  2. Following notification, you must: (a) cooperate fully with Cohabit's investigation and response; (b) take all reasonable steps to contain and mitigate the breach; and (c) comply with all applicable notifiable data breach requirements under the Privacy Act.
4. De-anonymisation Prohibition You must not use, or attempt to use, any Personal Information or de-identified data provided by or through Cohabit to identify or re-identify any individual.
5. GDPR and UK GDPR If you are located in the European Economic Area (EEA), the United Kingdom or any other jurisdiction subject to the General Data Protection Regulation (GDPR) or its equivalent, you must notify Cohabit before accessing any Cohabit service, and the parties will enter into a separate data processing agreement as required by applicable law.
Intellectual Property
1. Cohabit's IP All Intellectual Property Rights in the Service, the Data Platform, the Data Sales Platform, the Website, Data Products, Reports and associated materials are owned by the relevant member of the Cohabit Group (as applicable) or their licensors. CTG and its licensors (including the relevant Cohabit Group members) own all Intellectual Property Rights in the Data Platform, the Data Sales Platform, the Website and all Cohabit Materials. Nothing in this Agreement transfers any Intellectual Property Rights in any Cohabit Materials to you.
2. Subscriber's Data The Subscriber retains all Intellectual Property Rights in data, content and information uploaded to, or generated by the Subscriber through, the Data Platform (Subscriber Content), subject to the licence granted in clause 13.3 and to the provisions of Section 14 relating to Building Data.
3. Licence from Subscriber to Cohabit By uploading, submitting or entering Subscriber Content into the Data Platform or any Cohabit platform, the Subscriber grants Cohabit and the relevant Cohabit Group members a non-exclusive, royalty-free, worldwide licence to use, store, process, copy and transmit Subscriber Content to the extent necessary to provide the services and to comply with Cohabit's legal obligations.
4. No Infringement The Subscriber warrants that: (a) it has all necessary rights to submit the Subscriber Content to Cohabit's platforms; and (b) the submission of Subscriber Content does not infringe the Intellectual Property Rights of any third party.
5. Improvements and Derivative Works All Modifications, improvements and derivative works made by Cohabit or any Cohabit Group member (whether based on Subscriber feedback, Subscriber data or otherwise) are owned by the relevant Cohabit Group member and do not create any right or interest in favour of the Subscriber.
6. Competitive Use Prohibition You must not use the Data Platform, Data Products or any Cohabit Materials for any commercial purpose that is competitive with any service offered by Cohabit or any Cohabit Group member, or for the benefit of any direct or indirect competitor of Cohabit or any Cohabit Group member. Provided that, nothing in this clause prevents a person who is an Authorised Representative of a Cohabit Group member from using the Platform in the ordinary course of their activities as an Authorised Representative under a current and valid Authorised Representative agreement with the relevant Cohabit Group member.
7. Intellectual Property in Building Data All Intellectual Property Rights in Building Data, and in any compiled datasets, models, analytics, scores, reports or enriched data derived from Building Data, vest in and are owned by CTG and the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500), regardless of whether that Building Data was entered by a Subscriber, an Invited User or a third party.
Data Ownership and Management
1. Subscriber Data Ownership The Subscriber owns all data and content it uploads to the Data Platform. Cohabit does not claim ownership of Subscriber Content, subject to the provisions of clause 14.6 (Ingested Building and Property Data).
2. Data Storage Cohabit will store Subscriber data on servers located within Australia unless otherwise agreed in writing. Cohabit will not transfer Subscriber data outside Australia without the Subscriber's prior written consent, except as required by law.
3. Data Export Subscribers may export their data from the Data Platform using the export functionality available within the Platform at any time during the subscription term. Cohabit will provide a reasonable data export capability. Cohabit may charge an additional fee for bespoke data exports requested outside standard functionality.
4. Data Retention and Deletion Following termination of a subscription, Cohabit will retain Subscriber data for 30 days to facilitate export, and will thereafter delete or anonymise Subscriber data, subject to any legal obligation to retain data for a longer period. Cohabit will not be responsible for any loss of data after the 30-day retention period.
5. Backups Cohabit will maintain regular backups of Subscriber data as part of its business continuity measures. However, Cohabit does not guarantee that any particular data will be recoverable from backup in any specific form or within any specific timeframe.
6. Ingested Building and Property Data Notwithstanding any other provision of these Terms, where data is collected, ingested or generated by OPR or any Cohabit Group member in the course of conducting a building and pest inspection, a strata inspection, or any other inspection or property assessment service:
  - Building Data is not Subscriber Data for the purposes of these Terms and is not subject to the data ownership provisions in clause 14.1.
  - CTG and the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500) retain all rights (including Intellectual Property Rights) in and to Building Data, as the entities that compile, process and host that data.
  - CTG and the Platform Provider (Cohabit Platforms Pty Ltd, ABN 97 688 294 500) may use, aggregate, de-identify, model, licence and sell Building Data and derivatives of Building Data to third parties.
  - You acknowledge and agree that your engagement of Cohabit, the Platform Provider or OPR to produce a Report constitutes your consent to the collection, storage and use of Building Data by the relevant Cohabit Group members in accordance with these Terms.
Warranties and Acknowledgments
1. Subscriber Warranties The Subscriber warrants and represents to Cohabit that:
  - if the Subscriber is an entity, it is duly incorporated or registered, and this Agreement constitutes a valid and binding obligation enforceable against it;
  - it has all necessary authority, consents and approvals to enter into this Agreement and to use the services in the manner contemplated by this Agreement;
  - it will use the services only for lawful purposes and in compliance with applicable law;
  - all information it provides to Cohabit in connection with this Agreement is accurate, complete and not misleading;
  - it will not use the services in any way that would cause Cohabit or any Cohabit Group member to breach any applicable law or regulatory requirement.
2. "As Is" Basis Except as expressly stated in this Agreement, Cohabit provides all services, platforms, data products and reports on an "as is" and "as available" basis, without any warranty of any kind, whether express, implied, statutory or otherwise, including any warranty of merchantability, fitness for a particular purpose, accuracy, completeness or non-infringement.
3. Australian Consumer Law
  1. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, condition or warranty, implied or conferred by the Australian Consumer Law, to the extent that such exclusion, restriction or modification would be void or unenforceable under applicable law. To the extent permitted by law, Cohabit's liability for a breach of a non-excludable guarantee, condition or warranty is limited to:
    - in the case of services: resupplying the services; or paying the cost of having the services resupplied; and
    - in the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacing or repairing the goods, or paying the cost of acquiring equivalent goods.
  2. If the Subscriber is a "consumer" under the Australian Consumer Law, certain consumer guarantees and non-excludable rights may apply. These Terms do not exclude or limit any such rights.
4. Subscriber Acknowledgment — Reports The Subscriber acknowledges and agrees that:
  - Reports generated through the Data Platform or by the Reports Provider are tools to assist qualified professionals and are not professional advice;
  - Cohabit is not responsible for errors arising from data entered by Users;
  - the Subscriber bears sole responsibility for the professional quality and accuracy of reports delivered to its clients;
  - Cohabit's Platform may contain Third Party Data that has not been independently verified by Cohabit; and
  - professional obligations applicable to the Subscriber's profession (including licensing requirements and professional standards) remain the sole responsibility of the Subscriber.
Limitation of Liability
1. Exclusion of Consequential Loss To the maximum extent permitted by law, Cohabit will not be liable to the Subscriber or any other person for any Consequential Loss arising in connection with this Agreement or the services, regardless of whether such loss was foreseeable or whether Cohabit was advised of the possibility of such loss. The exclusion of Consequential Loss does not apply to:
  - loss arising from a breach of Section 11 (Confidentiality) by either party;
  - loss arising from a breach of Section 8.4 (Resale and Redistribution Restrictions) or Section 13 (Intellectual Property);
  - amounts that Cohabit is entitled to recover under clause 10.6 (Unauthorised Use); or
  - liability that cannot be excluded by law, including under the Australian Consumer Law.
2. Aggregate Liability Cap To the maximum extent permitted by law, Cohabit's maximum aggregate liability to the Subscriber (and any Invited User) for all Claims arising in connection with this Agreement (whether in contract, tort, statute or otherwise) is limited to the total Access Fees paid by the Subscriber to Cohabit in the 12 months immediately preceding the event giving rise to the Claim.
3. Proportionate Reduction Cohabit's liability will be reduced proportionately to the extent that the Subscriber's or any User's acts, omissions or negligence contributed to the loss or damage giving rise to the Claim.
4. Fraud and Wilful Misconduct Carve-Out Nothing in this Section 16 limits or excludes Cohabit's liability for fraud, criminal conduct or wilful misconduct.
5. Essential Basis The Subscriber acknowledges that the limitations on liability in this Section 16 are a fundamental and essential basis of the bargain between the parties, and that Cohabit would not have entered into this Agreement but for these limitations.
6. Group Liability Each member of the Cohabit Group is a third-party beneficiary of these Terms and may enforce the limitations of liability and exclusions set out in this Section 16. References to Cohabit in this Section 16 include each member of the Cohabit Group. You acknowledge that services may be provided by different members of the Cohabit Group, and your agreement to these Terms binds you in relation to each such member in respect of the services they provide.
Termination
1. Termination for Convenience Either party may terminate this Agreement (or any individual service) on 30 days' prior written notice to the other party, unless a longer notice period is specified in the applicable Subscription Agreement.
2. Termination for Breach
  1. Either party may terminate this Agreement immediately by written notice if the other party: (a) commits a material breach of this Agreement that is incapable of remedy; or (b) commits a material breach of this Agreement that is capable of remedy and fails to remedy that breach within 14 days of receiving written notice requiring it to do so.
  2. Without limiting the generality of the foregoing, the following are deemed to be material breaches not capable of remedy:
    - the Subscriber's use of the Data Platform or Data Products for unauthorised resale, redistribution or competitive purposes;
    - the Subscriber's breach of Section 11 (Confidentiality) or Section 13 (Intellectual Property);
    - the Subscriber's use of a Scraping Process in breach of this Agreement.
3. Termination on Insolvency Either party may terminate this Agreement immediately by written notice if the other party: (a) becomes insolvent or unable to pay its debts as they fall due; (b) has a receiver, manager, administrator or liquidator appointed; (c) enters into any arrangement or compromise with its creditors; or (d) ceases or threatens to cease to carry on business.
4. Suspension Without terminating this Agreement, Cohabit may suspend the Subscriber's access to the Data Platform or any Data Product immediately and without notice if Cohabit reasonably believes that: (a) the Subscriber's account has been compromised or is being used fraudulently; (b) the Subscriber is in breach of any material provision of this Agreement; or (c) continued access poses a risk to the security, integrity or availability of the Data Platform or any other Cohabit system.
5. Consequences of Termination Upon termination of this Agreement:
  - all licence rights granted to the Subscriber immediately cease;
  - the Subscriber must immediately cease all use of the Data Platform, Data Products and Cohabit Materials;
  - the Subscriber must destroy or return all copies of any Cohabit Materials, Confidential Information and Data Products in its possession or control;
  - all amounts owing by the Subscriber to Cohabit become immediately due and payable; and
  - Cohabit will make Subscriber data available for export for 30 days following termination in accordance with clause 14.3.
6. Survival The following sections survive termination or expiry of this Agreement: Sections 2 (Definitions), 11 (Confidentiality), 12 (Privacy), 13 (Intellectual Property), 14.f (Ingested Building and Property Data), 15 (Warranties and Acknowledgments), 16 (Limitation of Liability), 18 (Dispute Resolution), and 19 (General Provisions).
Dispute Resolution
1. Good Faith Negotiation If a dispute arises between the parties in connection with this Agreement, the party raising the dispute must give written notice to the other party identifying the nature of the dispute in reasonable detail. The parties must then endeavour in good faith to resolve the dispute within 20 business days of the notice.
2. Mediation If the dispute is not resolved within the period specified in clause 18.1, either party may refer the dispute to mediation conducted in Sydney, New South Wales by a mediator agreed between the parties, or failing agreement within 5 business days, appointed by the President of the Law Society of New South Wales.
3. Litigation If the dispute is not resolved within 30 days of the referral to mediation (or such further period as agreed), either party may commence legal proceedings in the courts of New South Wales.
4. Insurance Complaints Carve-Out Nothing in this Section 18 limits a retail client's right to lodge a complaint with AFCA in accordance with Section 7.10, or prevents either party from seeking urgent relief from a court.
5. Urgent Relief Nothing in this Section 18 prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.
General Provisions
1. Governing Law This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, and the courts of appeal therefrom.
2. Entire Agreement This Agreement (including all Subscription Agreements, Order Forms, Product Schedules and Licence Schedules incorporated herein by reference) constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior negotiations, representations, warranties and understandings.
3. Severance If any provision of this Agreement is held to be invalid, unenforceable or illegal under any applicable law, that provision is to be read down or severed to the minimum extent necessary, and the remaining provisions of this Agreement continue in full force and effect.
4. Waiver A failure by either party to exercise, or a delay by either party in exercising, any right under this Agreement does not operate as a waiver of that right. A waiver is only effective if given in writing.
5. Assignment The Subscriber may not assign, novate, transfer or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of Cohabit (not to be unreasonably withheld). Cohabit may assign or novate this Agreement to any member of the Cohabit Group without the Subscriber's consent, provided that notice is given to the Subscriber.
6. No Partnership or Agency Nothing in this Agreement creates a partnership, joint venture, agency, employment or trust relationship between the parties, except as expressly provided in these Terms in relation to CTG acting as agent for other Cohabit Group members.
7. Electronic Contracts The parties consent to this Agreement being formed electronically in accordance with the Electronic Transactions Act 1999 (Cth) and applicable State and Territory legislation.
8. Notices All notices under this Agreement must be in writing and sent:
  - To Cohabit: by email to hello@cohabit.com.au, or by post to the registered address of Cohabit Technology Group Pty Ltd (ABN 93 688 293 736), New South Wales, Australia. Notices relating specifically to insurance broking services should also be sent to complaints@cohabit.com.au. Notices relating to property reports should also be sent to reports@cohabit.com.au.
  - To the Subscriber: by email to the address provided in the Subscription Agreement or account registration, or to such other address as the Subscriber notifies in writing. A notice sent by email is taken to be received at the time the email enters the recipient's mail server, unless the sender receives an automated notice of non-delivery.
9. Amendments Cohabit may amend these Terms at any time by publishing the revised Terms on the Website. For active Subscribers, Cohabit will provide at least 30 days' prior written notice of material amendments. Continued use of any Cohabit service after the effective date of the amendments constitutes acceptance of the revised Terms.
10. Counterparts Any Subscription Agreement or Order Form may be executed in counterparts, each of which constitutes an original, and all of which together constitute a single agreement.
11. Further Assurances Each party agrees to do all things and execute all further documents reasonably necessary to give effect to this Agreement.

SCHEDULE 1 - DATA SHARING WITH UNDERWRITING AGENCIES

This Schedule applies where the Insurance Broker (Cohabit Insurance Pty Ltd, ABN 77 694 152 308, CAR No. 001319809 of Bellrock Advisory Pty Ltd, ABN 78 611 143 410, AFSL 520 281) shares Shared Data with an Underwriting Agency in connection with an insurance broker agreement.

Definitions

In this Schedule, the following terms have the meanings set out below:

AI System a machine-based solution, tool, model or system that is designed to operate with varying levels of autonomy and that can generate outputs or take actions based on input data or training data, including but not limited to generative AI models, large language models, machine learning models and automated decision-making systems.

Data Interfaces the automated data interfaces (including any APIs) developed or agreed by the Parties in accordance with this Schedule to enable the transmission of Shared Data.

Shared Data information (which may include Personal Information) or data that is provided to the Underwriting Agency by the Insurance Broker or the Platform Provider (Cohabit Platforms Pty Ltd) pursuant to a broker agreement, including data described in the Data Interface Annex.

Specified Use in respect of any Shared Data, the permitted Processing of Shared Data as specified in the applicable Data Interface Annex or as otherwise agreed in writing.

Underwriting Agency the underwriting agency or insurer that receives Shared Data from the Insurance Broker or the Platform Provider under an applicable broker agreement.

Provision and Use of Shared Data
1. The Platform Provider (Cohabit Platforms Pty Ltd, on behalf of the Insurance Broker) will make Shared Data available to the Underwriting Agency subject to and in accordance with the terms of this Schedule and the applicable broker agreement.
2. The Underwriting Agency must only use Shared Data for the Specified Use and must not Process or make available Shared Data for any other purpose without the prior written consent of the Insurance Broker.
3. Where Shared Data includes de-identified Personal Information, the Underwriting Agency must not take any steps to re-identify that Personal Information.
4. The Underwriting Agency acknowledges: (a) the Platform Provider (or its licensors) owns all right, title and interest in and to the Shared Data; (b) the Underwriting Agency has no ownership rights in the Shared Data; and (c) the Shared Data must be used only for the Specified Use.
5. The Platform Provider is not obliged to provide Shared Data except to the extent lawfully permitted having regard to all applicable privacy laws and the terms of any applicable data sharing agreement.
6. No express or implied representation or warranty is given in respect of any Shared Data except to the extent that any warranty cannot be excluded by law.
Confidentiality of Shared Data
1. To the extent Shared Data includes Confidential Information, the Underwriting Agency must: (a) keep it confidential and not disclose it to any person other than its employees, officers and contractors who have a need to know it for the Specified Use; (b) use at least the same degree of care to protect it as it uses for its own confidential information, being no less than reasonable care.
2. If the broker agreement is cancelled, the Underwriting Agency must destroy or return all Shared Data as soon as practicable and in any event within 30 days of the cancellation.
3. After destruction or return, the Underwriting Agency may retain and use records relating to policies already issued to the extent required by applicable law or regulation.
Data Interfaces
1. The parties agree to cooperate in good faith to develop, implement and maintain Data Interfaces to enable efficient and secure transmission of Shared Data in accordance with this Schedule.
2. Each party: (a) is responsible for ensuring its systems can interface with and send/receive Shared Data via the Data Interfaces; and (b) must ensure that its systems comply with all applicable security standards.
3. Technical specifications, protocols and standards applicable to the Data Interfaces will be agreed in writing between the parties and set out in the applicable Data Interface Annex.
4. Either party may propose changes to the Data Interfaces by written notice. Changes must be agreed in writing before implementation.
Privacy
1. To the extent Shared Data includes Personal Information, the Underwriting Agency must comply with all Privacy Laws applicable to its collection, use and disclosure of that Personal Information.
2. The Underwriting Agency must not use Personal Information contained in Shared Data for any purpose other than the Specified Use.
Data Security
1. The Underwriting Agency must establish and maintain reasonable technical and organisational measures designed to protect Shared Data against unauthorised access, disclosure, alteration, loss or destruction.
2. The Underwriting Agency must promptly notify the Insurance Broker upon becoming aware of any unauthorised access to, disclosure of, or loss of Shared Data, and must cooperate with the Insurance Broker in investigating and remediating any such incident.
AI Systems
1. The Underwriting Agency must not input, upload, submit or otherwise make available any Shared Data (or any part thereof) to any AI System without the prior written consent of the Insurance Broker.
2. If consent is given, the Underwriting Agency must ensure that the AI System does not use Shared Data to train, fine-tune or otherwise improve any model or algorithm, and must comply with any conditions specified in the written consent.
Term and Termination
1. This Schedule commences on acceptance of these Terms and continues for the term of the applicable broker agreement, unless terminated earlier in accordance with this Schedule.
2. Either party may terminate this Schedule: (a) for any reason by giving not less than 30 days' written notice; (b) immediately by written notice if the other party commits a material breach of this Schedule that is not remedied within 14 days of written notice.
3. On termination or expiry: (a) the broker agreement remains unaffected unless separately terminated; (b) the Underwriting Agency must immediately cease using Shared Data and comply with clause S1.2.2.
4. Clauses S1.2, S1.4, S1.5 and S1.6 survive termination or expiry of this Schedule.
Description of Shared Data and Specified Use The categories of Shared Data, the format in which it is provided, the medium of delivery (e.g. API, secure file transfer), and the Specified Use applicable to each category, are as set out in the Data Interface Annex agreed between the Insurance Broker and the Underwriting Agency from time to time.
Inbound Policy and Claims Data The Platform may receive inbound data from insurers, underwriters and insurance intermediaries, including: (a) policy terms, endorsements, coverage confirmations and renewal notices relating to strata and property insurance; (b) claims lodgement confirmations, claim status updates, settlement outcomes and loss history data; (c) premium and payment records; and (d) underwriting decisions, risk ratings and declinations. This inbound data is used to: populate and update the Platform's property and strata records; provide Subscribers with consolidated insurance summaries; support the Cohabit Health Score and related analytics; and improve the Platform's insurance-related data products. All inbound data is handled in accordance with Cohabit's Privacy Policy and, where applicable, the data sharing obligations set out in any agreement between Cohabit and the relevant insurer or underwriter.