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Last Updated: 25 August 2026
(“What’s Your Property Worth” Service)
These Additional Terms for the Cotality Customer Engagement Tool (CET Terms) are incorporated by reference into the Zenu CET Subscription Proposal (Proposal) entered into between Zenu Solutions Pty Ltd (Zenu) and the customer entity identified in that Proposal (Customer, you). These CET Terms apply in addition to Zenu’s standard Subscription Terms & Conditions (Zenu Platform Terms). If there is any inconsistency, these CET Terms prevail in relation to the CET service.
Unless otherwise defined in these Additional Terms, capitalised terms have the meaning given to them in the Subscription Terms:
Application means the CET widget or application embedded in or made available through the Customer’s website via the Zenu Web Builder platform through which End Users may request access to Reports.
CET or Cotality Services means the Cotality Customer Engagement Tool — “What’s Your Property Worth” service, including the Application, the CET Dashboard, the Reports and all associated Cotality Materials made available through Zenu.
CET Dashboard means the web-based reporting and lead management interface made available in connection with the CET.
Claim means any claim, action, demand, complaint, proceeding, suit, liability or investigation of any kind, whether present or future, actual or contingent, and whether arising in contract, tort (including negligence), under statute, in equity or otherwise.
Confidential Information means all non-public information disclosed or made available by or on behalf of Zenu or Cotality in connection with the CET or these Terms, including login credentials, Cotality Materials, Product Data, commercial terms, technical information and any information that by its nature or context ought reasonably be understood to be confidential.
Consequential Loss means any indirect, special, incidental, punitive or exemplary loss, or any loss of profit, revenue, savings, opportunity, goodwill, reputation, contracts or data.
Cotality Disclaimers means the disclaimers and copyright notices published at the relevant Cotality legal pages or otherwise notified by Zenu from time to time.
Cotality Materials means all software, data, reports, records, interfaces, models, platforms, documentation, output, Product Data, confidential information and other materials owned, licensed or supplied by or through Cotality or its suppliers and accessed through or in connection with the CET, including all modifications and derivative materials to the extent owned by Cotality.
Cotality Trade Mark means the registered and unregistered trade marks of Cotality.
Cotality User Terms means any end user terms, product terms, usage conditions, third party restrictions, disclaimers, trade mark terms and similar terms published by Cotality or notified by Zenu from time to time, to the extent applicable to the CET.
Customer means the customer entity identified in the Proposal.
Data Breach means any actual or suspected accidental, unlawful or unauthorised destruction, loss, alteration, disclosure of, or access to, Personal Information, credentials, or Cotality Materials in connection with these Terms or the CET.
Early Termination Fee means the fee calculated as the remaining monthly Subscription Fees that would have been payable for the remainder of the Minimum Term.
End User means a visitor to the Customer’s website who interacts with the Application, including by requesting a Report.
Fees means the Subscription Fees, Excess Usage Fees, and any other fees for the CET service as set out in the Proposal.
Loss means any loss, liability, damage, cost, charge, expense, outgoing or payment of any kind, including reasonable legal costs and expenses.
Minimum Term means the minimum subscription term for the CET service as specified in the Proposal.
Opt-In Form means the contact detail capture form used in the Application.
Permitted Purpose has the meaning given in clause 4.
Privacy Laws means all applicable laws, regulations and codes relating to privacy, data protection, direct marketing and handling of Personal Information, including the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Spam Act 2003 (Cth).
Privacy Regulator means the Office of the Australian Information Commissioner and any other relevant regulator.
Product Data means any data, facts, information, statistics, analytics, indices, results, valuation estimates, photographs, metadata or reports obtained from or through the CET, including Digital Property Reports, Digital Suburb Reports and Digital Rental Reports.
Proposal means the proposal setting out the Customer’s details, the Term, the Subscription Fees, Excess Usage Fees and other terms and conditions that form part of these CET Terms.
Reports means the reports made available through the CET.
Scraping Process means any manual or automated extraction, mining, scraping, crawling, harvesting, aggregation or copying process, including by bot, spider, screen scraper, script, software agent or automated query.
Service Agent Statement means the statement: “This information is supplied by [Customer’s business name] on behalf of RP Data Pty Ltd trading as Cotality.”
Subscription Term means the Minimum Term and any subsequent renewals.
Territory means Australia.
Third Party Restrictions means any restrictions imposed by Cotality’s third party suppliers and notified by Zenu or published by Cotality from time to time.
Zenu Web Builder means Zenu’s website builder platform and related services.
2.1. Interpretation of these Additional Terms is governed by clause 33(a) of the Subscription Terms, which applies to these Additional Terms as if set out here in full.
2.2. These Additional Terms apply in addition to the Subscription Terms. Where these Additional Terms are silent on a matter, the Subscription Terms apply to the CET service as if set out here in full.
2.3. In the event of any inconsistency between these Additional Terms and the Subscription Terms in relation to the CET service, these Additional Terms prevail to the extent of the inconsistency.
2.4. Certain provisions of the Subscription Terms are expressly incorporated into these Additional Terms by cross-reference. Those provisions apply to the CET service as if set out in full in these Additional Terms, with references to “the Agreement” or “the Services” read as references to these Additional Terms and the CET service respectively.
3.1. Subject to the Customer’s compliance with these Terms, the Zenu Platform Terms and payment of all Fees, Zenu grants the Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the Term to access and use the CET in the Territory solely for the Permitted Purpose.
3.2. The CET may only be accessed and used by the Customer through its Authorised Users and through End User interactions expressly contemplated by the Permitted Purpose.
3.3. All rights not expressly granted are reserved by Zenu, Cotality and their licensors.
3.4. The Customer acknowledges that:
3.4.1. the CET is provided through Zenu using services and materials owned or licensed by Cotality;
3.4.2. Cotality remains the owner of the Cotality Materials; and
3.4.3. Zenu’s ability to provide the CET is contingent on the continued operation of the Reseller Agreement and associated supplier arrangements.
The Customer may use the CET only for the following purposes (Permitted Purpose):
4.1. making the Application available through the Customer’s website to enable End Users to request Reports;
4.2. displaying Reports to End Users through the Application, free of charge, in response to an Opt-In Form completed by an End User;
4.3. using Opt-In Form data for the Customer’s own lawful lead generation, customer acquisition, client engagement, retention and cross-sell activities, in each case in compliance with Privacy Laws; and
4.4. using the CET Dashboard and related Product Data for the Customer’s internal business purposes, including internal market research, lead management and business development.
The Customer must not, and must ensure its Authorised Users do not:
5.1.1. use the CET or any Cotality Materials for any purpose other than the Permitted Purpose;
5.1.2. use the CET or any Cotality Materials in breach of any law, Privacy Laws, applicable code or third party right;
5.1.3. misuse confidential information or infringe any Intellectual Property Rights, privacy rights or moral rights;
5.1.4. use the CET in a way that damages the reputation or goodwill of Zenu or Cotality, or misrepresents the CET, Reports or Product Data;
5.1.5. input, upload or submit any part of the CET, any Report or any Cotality Materials into any AI platform, large language model, machine learning model or similar technology, or use them for training, testing or benchmarking such systems;
5.1.6. use the CET in a defamatory, offensive, injurious, unlawfully threatening or unlawfully harassing manner; or
5.1.7. use the CET or any Cotality Materials in connection with a consumer-facing aggregation business for property listings or comprehensive property information, except as expressly enabled by the unchanged CET product as part of the Customer’s own website.
Except to the extent expressly permitted by these Terms, the Customer must not, and must ensure its Authorised Users do not:
5.2.1. support or display the CET on any publicly accessible system other than as expressly contemplated by the Permitted Purpose;
5.2.2. use the CET in connection with unlawful direct marketing;
5.2.3. charge for, commercialise or sell any Cotality Materials or derivative works;
5.2.4. use the CET on behalf of or for the benefit of any third party, except as expressly contemplated by the Permitted Purpose;
5.2.5. copy, reproduce, publish, alter, modify, adapt or create derivative works from the CET or any Cotality Materials;
5.2.6. disclose, distribute, sublicense, lease, transfer, assign or otherwise exploit the CET or Cotality Materials; or
5.2.7. transfer, store, disclose or make available the CET, Cotality Materials or related Personal Information outside the Territory.
The Customer must not, and must ensure its Authorised Users do not:
5.3.1. engage in any Scraping Process in relation to the CET or Cotality Materials;
5.3.2. decompile, disassemble, translate, replicate or reverse engineer any software, model or part of the Cotality Materials;
5.3.3. interfere with, damage, alter, misuse or gain unauthorised access to the Cotality environment or related systems;
5.3.4. share login details or permit unauthorised access; or
5.3.5. sell, assign or transfer any right, title or interest in the Cotality Materials.
The Customer acknowledges and agrees that Product Data may be sourced from third party suppliers and is subject to Third Party Restrictions, which bind the Customer as updated from time to time.
6.1. The Customer is fully responsible and liable for all acts and omissions of its Authorised Users, employees, officers and contractors in connection with the CET.
6.2. The Customer must not permit any third party contractor or consultant to access or use the CET without Zenu’s prior written consent.
6.3. The Customer must take reasonable steps to ensure that End Users use the Application and Reports only subject to the applicable Cotality User Terms and any End User terms required by Zenu.
6.4. The Customer must present the applicable End User terms in a manner that requires affirmative acceptance before an End User accesses any Report, where Zenu requires that implementation.
6.5. The Customer is responsible for how it configures, deploys and makes available the Application to End Users, and for all use it makes of End User data collected through the CET.
7.1. The Customer must display the Service Agent Statement and the Cotality Disclaimers clearly and prominently wherever required by Zenu.
7.2. The Customer must not materially alter the appearance or functionality of the CET in a way that misrepresents the Product Data or removes or obscures the Cotality Trade Mark, or branding or disclaimers.
The Customer acknowledges and agrees that:
8.1. Cotality may amend, modify, suspend, delete or cease supplying some or all Product Data, features or functionality where required by law, supplier arrangements, infringement concerns, systems needs or security concerns;
8.2. the method of supply and delivery of the CET may change at any time;
8.3. the CET may be temporarily unavailable due to maintenance, updates, remediation or security response;
8.4. the Product Data and Reports are subject to the Cotality Disclaimers;
8.5. the CET and Product Data may not be error-free, accurate, complete, reliable, secure, current or up to date;
8.6. the Customer is solely responsible for determining whether the CET is suitable for its business and for independently assessing and verifying outputs before relying on them; and
8.7. the Customer has not relied on any representation or warranty not expressly set out in these Terms or any non-excludable rights under law.
9.1. The Customer acknowledges that Cotality, its related bodies corporate and licensors own all right, title and interest in the Cotality Materials.
9.2. No ownership rights are transferred to the Customer.
9.3. The Customer must not misuse, infringe, impair or contest any rights in the Cotality Materials.
9.4. The Customer must promptly notify Zenu if it becomes aware of any actual or suspected misuse or infringement involving the Cotality Materials.
10.1. The Customer must comply with all Privacy Laws in connection with its use of the CET and all Personal Information collected, used, disclosed, stored or received in connection with the CET.
10.2. The Customer must ensure that all collection, use and disclosure of End User data through the Opt-In Form is lawful, properly disclosed and supported by all required notices and consents.
10.3. The Customer must not use Product Data or other data provided through the CET to identify an individual except to the extent expressly permitted by these Terms and by Privacy Laws.
10.4. The Customer must not disclose, transfer, store or process Personal Information obtained through the CET outside the Territory without Zenu’s prior written consent.
10.5. The Customer’s general data security obligations under the Subscription Terms apply equally to Personal Information handled in connection with the CET. In addition, the Customer must maintain systems and procedures specifically designed to detect, assess and respond to suspected Data Breaches involving Cotality Materials.
10.6. If the Customer has reasonable grounds to suspect that a Data Breach has occurred, it must:
10.6.1. notify Zenu in writing without undue delay and no later than 48 hours after becoming aware;
10.6.2. provide all relevant details then known;
10.6.3. investigate and assess the suspected Data Breach promptly;
10.6.4. take all reasonable steps to mitigate impact and prevent recurrence; and
10.6.5. cooperate fully with Zenu in relation to communications, remediation and regulatory response.
10.7. The Customer must not notify any Privacy Regulator, affected individual, media outlet or other third party of any actual or suspected Data Breach relating to the CET without Zenu’s prior written approval, unless failure to notify would itself breach Privacy Laws.
10.8. The Customer must assist Zenu in relation to any complaint, inquiry, access request, correction request, regulator engagement or compliance issue relating to Personal Information handled in connection with the CET.
11.1. The Customer’s general confidentiality obligations under clause 25 of the Subscription Terms apply equally to Confidential Information in connection with the CET. In addition, the Customer’s specific obligations in relation to credentials and Cotality Materials are set out in clauses 11.2 to 11.5 below.
11.2. The Customer must keep login credentials secure and must not store or disclose them in a way that enables unauthorised use.
11.3. The Customer must notify Zenu promptly of any actual or suspected unauthorised disclosure or misuse of Confidential Information or credentials.
11.4. Upon request by Zenu, the Customer must promptly return or permanently destroy Confidential Information and certify compliance.
11.5. Zenu and Cotality may seek injunctive and equitable relief in respect of actual or threatened breach of this clause.
12.1. The Customer must maintain complete and accurate financial, operational and compliance records relating to its use of the CET, including records of Authorised Users, End User activity, Opt-In Form submissions, complaints, incidents and relevant communications.
12.2. The Customer must retain those records for at least 7 years after expiry or termination of these Terms.
12.3. On reasonable notice, Zenu and any auditor appointed by Zenu may audit those records to verify compliance with these Terms or to respond to supplier or regulatory requirements.
12.4. The Customer must provide all reasonable cooperation and assistance in connection with any such audit.
12.5. If an audit identifies material non-compliance by the Customer, the Customer must reimburse Zenu for its reasonable audit and investigation costs.
13.1. The Customer indemnifies and must keep indemnified Zenu and its directors, officers, employees, contractors, agents, related bodies corporate and suppliers, including Cotality, from and against all Claims and Losses arising out of or in connection with:
13.1.1. any breach of these Terms by the Customer or its Authorised Users, employees, officers or contractors;
13.1.2. any misuse of the CET or Cotality Materials by or on behalf of the Customer;
13.1.3. any breach by the Customer or its personnel of any applicable law, Privacy Laws or applicable code in connection with the CET;
13.1.4. any use by the Customer of End User data, Product Data, Reports or other outputs from the CET;
13.1.5. any complaint, demand or claim by an End User, client, customer, prospect, regulator or other third party arising from or connected with the Customer’s use of the CET;
13.1.6. any Data Breach, security incident, unlawful marketing activity or privacy complaint caused by or contributed to by the Customer or its personnel;
13.1.7. any grossly negligent, wilful, unlawful, criminal or fraudulent act or omission by the Customer or its personnel in connection with the CET;
13.1.8. any personal injury or death caused by the Customer or its personnel; and
13.1.9. any claim, charge, liability, true-up, uplift, penalty, remediation cost, audit cost, settlement amount or other amount that Zenu incurs to Cotality or any other upstream supplier to the extent arising from the Customer’s acts or omissions.
13.2. The Customer’s liability under clause 13.1 is reduced only to the extent that Zenu’s own breach, negligence, wilful misconduct or unlawful act directly caused the relevant Loss.
13.3. Where Zenu receives a Claim that may fall within this indemnity, Zenu must notify the Customer within a reasonable time. Any delay in notification does not limit the Customer’s liability except to the extent the delay materially prejudices the Customer.
13.4. The Customer must provide all assistance reasonably requested by Zenu in connection with the defence, response, mitigation or settlement of any such Claim.
14.1. To the maximum extent permitted by law, Zenu’s aggregate liability to the Customer under or in connection with these Terms is limited to the lesser of:
14.1.1. AUD $1,000,000; and
14.1.2. two times the Fees actually paid by the Customer to Zenu for the CET in the 12 months preceding the event giving rise to the Claim.
14.2. For the avoidance of doubt, the liability cap in clause 14.1 applies exclusively to Claims arising in connection with the CET service and supersedes the liability cap in clause [INSERT CLAUSE REF] of the Subscription Terms to the extent of any inconsistency in relation to the CET.
14.3. To the maximum extent permitted by law, Zenu is not liable to the Customer for any Consequential Loss.
14.4. Zenu is not liable for any loss arising from:
14.4.1. acts or omissions of Cotality, third party suppliers or other persons outside Zenu’s reasonable control;
14.4.2. third party infrastructure, Customer systems, Customer data or third party software;
14.4.3. maintenance, security response, lawful suspension, modification or withdrawal of the CET;
14.4.4. the Customer’s failure to comply with these Terms; or
14.4.5. cessation or limitation of the CET resulting from termination or variation of the Reseller Agreement or supplier arrangements.
14.5. The Customer acknowledges that:
14.5.1. Cotality’s warranties in relation to the CET are limited;
14.5.2. Zenu passes through only those warranties, rights and remedies that Zenu actually receives and is permitted to pass through; and
14.5.3. except as required by law, no broader warranty is given by Zenu.
14.6. Nothing in these Terms excludes or limits rights that cannot lawfully be excluded. Where liability for a non-excludable guarantee may be limited by law, Zenu’s liability is limited, at its election, to resupply of the relevant services or payment of the cost of resupply.
15.1. The Customer must pay the Fees as specified in the Proposal. The general payment terms in clause 15 of the Subscription Terms apply to the CET Fees. Fees for the CET are billed monthly in arrears and are non-refundable.
15.2. The Subscription Fee includes the monthly usage allowance for Reports as set out in the Proposal. If the Customer exceeds this allowance, it will be charged the Excess Usage Fee for each additional Report, which will be billed in arrears.
15.3. Included usage allowances reset monthly and do not roll over.
16.1. This Agreement for the CET service commences on the date the Proposal is signed and continues for the Minimum Term.
16.2. After the Minimum Term, the Agreement will automatically continue on a month-to-month basis unless terminated by either party in accordance with clause 18.1.
17.1. Zenu may suspend or restrict access to the CET in the circumstances described in clause 17.4(a) of the Subscription Terms, which applies to the CET as if set out here in full. In addition, Zenu may immediately suspend or restrict access to the CET if:
17.1.1. Cotality or another supplier requires suspension or restriction; or
17.1.2. a Force Majeure Event or systems issue affects Zenu’s ability to provide the CET.
17.2. Zenu will give as much notice as reasonably practicable in the circumstances.
18.1. After the Minimum Term, either party may terminate the CET service by providing at least 30 days’ written notice to the other party. If the Customer terminates the CET service for convenience before the end of the Minimum Term, or if Zenu terminates under clause 18.2.1, 18.2.2, or 18.2.3 during the Minimum Term, the Customer must pay the Early Termination Fee.
18.2. Zenu may terminate these Terms or the Customer’s access to the CET immediately by notice if:
18.2.1. the Customer commits a material breach of these Terms;
18.2.2. the Customer breaches any restriction in Part 2 or any obligation in clauses 10 or 11 in a material respect;
18.2.3. the Customer’s breach is incapable of remedy or is not remedied within 30 days after notice, where capable of remedy;
18.2.4. the Customer becomes insolvent or enters external administration; or
18.2.5. continued provision of the CET would expose Zenu or Cotality to legal, regulatory, reputational or security risk.
18.3. If the Reseller Agreement or any upstream right allowing Zenu to provide the CET is terminated, suspended or materially restricted, Zenu may terminate or suspend the CET immediately by notice, and Zenu is not liable to the Customer for resulting loss except to the extent required by law.
Upon expiry or termination of these Terms for any reason:
19.1. the Customer must immediately cease using the CET;
19.2. the Customer must promptly destroy all Cotality Materials in its possession or control, including electronic copies, except to the extent retention is required by law;
19.3. the Customer must delete credentials and disable all related access;
19.4. the Customer must certify compliance if requested by Zenu;
19.5. no refund is payable except where required under the Zenu Platform Terms or applicable law; and
19.6. clauses intended to survive, including clauses 9 to 14 and this clause 19, survive termination.
20.1. These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of its courts.
20.2. Disputes arising in connection with these Additional Terms are subject to the dispute resolution process in clause 32 of the Subscription Terms, which is incorporated here by reference.
21.1. Zenu may amend these Additional Terms by providing at least 30 days’ written notice to the Customer, including by email or platform notification.
21.2. If an amendment has a material and adverse impact on the Customer, the Customer may terminate the CET service without incurring an Early Termination Fee by providing written notice to Zenu before the amendment takes effect. If the Customer does not exercise this right, continued activation, access or use of the CET after the amendment takes effect constitutes acceptance.
Assignment is governed by clause 34[INSERT CLAUSE REF] of the Subscription Terms, which applies to these Additional Terms as if set out here in full. A change of control of the Customer is deemed to be an assignment for the purposes of this clause. Zenu may assign these Terms on notice.
The relationship between the parties is governed by clause 34(i) of the Subscription Terms, which applies to these Additional Terms as if set out here in full.
These Terms, together with the Zenu Platform Terms and any applicable Cotality User Terms, disclaimers and restrictions incorporated by reference, form the entire agreement between Zenu and the Customer in relation to the CET.
If a provision is invalid or unenforceable, it is severed and the remainder continues.
A waiver is effective only if in writing.
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, except that this clause does not excuse payment obligations that accrued before the event.
The following materials are incorporated by reference to the extent applicable to the CET and notified by Zenu from time to time: