TERMS OF USE

Updated 6^th July 2021

1. General
   1. These Terms set out the nature of your relationship with us and how you interact with our Website and Services.
   2. These Terms may be updated from time to time at our discretion by providing notice on our Website of the changes. Your continued usage of the Website and Services is governed by the Terms as they may be at any given occasion on which you access the Website or Services. If you do not agree to be bound by any changes to the Terms then you must cease use and access.
   3. The rights and obligations under these Terms are not assignable.
2. Interpretation
   1. In these Terms, these words shall have the following meaning:
      Calculator means CIRCA Net/API, Contents Net and Contents Retriever.
      Contents Value means the building contents replacement cost information generated by the Services.
      Services means our web-based building contents replacement cost information services included those provided by the Calculator.
      Terms means the terms and conditions set out in this agreement.
      User Information means any data, information, metadata or other information and materials provided to us by you or otherwise obtained from you in your dealings with us.
      We, Us or Our or other similar references means Sum Insured Pty Ltd.
   2. The Terms are governed by the laws of New South Wales, Australia.
3. Agreement
   1. By accessing the Website and utilising the Services, you acknowledge that you have read these Terms and agree to be bound by them. If you do not agree to be bound by them then you must immediately cease use of the Website and the Services.
   2. These Terms represent the whole of the agreement between the parties and you warrant that you do not rely on any other representations made by us in using the Website or the Services.
4. Services
   1. We agree to provide the Services to you in accordance with these Terms and will use reasonable endeavours to ensure the Website and the Services are available to you.
   2. The Services are provided by you inputting User Information into the Calculator in order to calculate the Contents Value.
   3. You acknowledge that the Contents Value calculated is only an estimate made relying upon the User Information provided and the data known to Sum Insured Pty Ltd regarding comparative contents replacement values. It does not take into consideration all of the specific circumstances which may affect the actual replacement value of your contents and you should assess the suitability of the Contents Value for your purposes and your knowledge of your own personal circumstances.
   4. The Services are not intended to replace a professional valuation by a qualified Valuer and you warrant that you have satisfied yourself as to the appropriateness of the Contents Value produced by the Calculator
   5. You warrant that you have checked all User Information which has been populated into the Calculator (whether pre-populated by us or entered by you) and that you have satisfied yourself as to its correctness.
   6. The actual value of your home contents may vary from time to time based on market conditions, geographical location and other factors outside our control. While we endeavour to provide accurate and up to date values, we make no warranty as to the accuracy or completeness of any Contents Value provided as part of the Services.
   7. We accept no responsibility for the User Information provided by you or your reliance upon the Services. You disclaim any right to make a claim against us which arises as a result of your reliance upon the use of the Contents Value or the Services.
   8. There is no charge for accessing the Website however your ISP or mobile network provider may charge you a fee in accordance with your agreement with them in respect of internet and mobile data services provided. We are not responsible for any external charges incurred by you in accessing our Website or Services.
   9. While we endeavour to make the Website and the Services available at all times, we are under no obligation to provide access to the Website or the Services at any given time and make no warranties or guarantees as to the quality or availability of the Website or Services.
   10. You authorise us to take reasonable steps to verify that your use of the Website and the Services are in accordance with these Terms.
   11. You may not use the Calculator and/or the Services for any reason other than to obtain an estimate of your Contents Value. You must not use the Calculator and/or the Services:
       (a) To provide information to any other insurance company or any other person who is not licensed to use this Calculator and/or the Services; and
       (b) To obtain data or other material which may be used for any purpose other than to estimate your Contents Value.
5. Intellectual Property
   1. The Website, Contents Value, Services and any other material produced by Sum Insured Pty Ltd are subject to copyright and other intellectual property rights (‘Intellectual Property). You warrant that you will not assert any claim of ownership or other rights in respect of any Intellectual Property owned by Sum Insured Pty Ltd or which is licensed to Sum Insured Pty Ltd by a third party.
   2. The Website, Contents Value and Services cannot be reproduced in any form by you without our express written consent. This is subject at all times to any other agreements we may have with third parties in respect of the use of intellectual property.
   3. Your use of the Intellectual Property is limited to your own personal use within Australia or New Zealand and you agree that it will not be used for your own commercial purposes or be published and disseminated to any other party for any purpose without our written consent.
   4. You agree that you will not use any of the Intellectual Property, or allow any other person to use the Intellectual Property to:
      • (a) Reverse engineer any part of the Calculator, Services, Contents Value or other Material provided by us for any purpose;
      • (b) Alter, recreate or use any of the Intellectual Property;
      • (c) Modify or recreate the Calculator or Services;
      • (d) Provide any information or service to any other person; or
      • (e) Otherwise infringe in anyway upon the intellectual property rights of the owner of the Intellectual Property.
6. Use of Customer Information
   1. You grant to us and each of our partners, sub-contractors, related entities, successors and assigns a worldwide, royalty-free, perpetual, irrevocable, assignable, and non-exclusive licence to use, convert, reproduce, reformat, store, distribute, transmit, sell, commercialise, display, adapt and exploit any User Information.
   2. Use of User Information is at all times subject to applicable privacy legislation in the jurisdiction and in accordance with our Privacy Policy which is available to you on our Website.
7. Warranties
   1. You acknowledge that except for those which cannot be excluded by law, we provide no warranties or guarantees in respect of the Website, Contents Value or Services.
   2. To the extent that our Website or Services rely upon information provided by third parties, we make no warranties, representations or guarantees in respect of such information except to the extent that any such warranty or guarantee cannot by excluded by law.
8. Liability and Indemnity
   1. Our liability in respect of the Services is limited to re-supply of the services to you. This is your sole-remedy in respect of any defect in the Services, your use of the Website or Calculator or any rights you may have against us arising under contract or in negligence.
   2. No liability shall arise for special, consequential, indirect, punitive or exemplary damages.
   3. You agree to reimburse us for any loss, liability or costs which we incur as a direct result of your failure to comply with these Terms or any law or by the User Information you provide.
9. Termination
   1. We may terminate your use of the Website and Services at any time if you breach any Term.
   2. Any provision of these Terms which is capable of having effect following termination shall remain in force and effect.