1. Acceptance of Terms
By accessing or using the ClimateNest website, generating reports, accessing our API, or purchasing subscriptions, you agree to be bound by these Terms of Service, our Privacy Policy, and the Disclaimers contained herein. If you do not agree to these terms, please do not use our services.
2. Description of Service
ClimateNest provides automated property analytics reports focusing on climate risks (flood, bushfire, heat), insurance cost projections, and related socioeconomic data. These reports are generated using algorithmic analysis of third-party data sources including the Bureau of Meteorology (BoM), ABS, and State Government datasets.
3. User Accounts
To access certain features, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these terms.
4. Payments and Refunds
- Pricing: Prices are displayed in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated.
- 24-Hour Satisfaction Guarantee & Fair Use Policy: We offer a 24-hour money-back guarantee for single purchased reports, subject to the fair use conditions set out in clause 4A below. To request a refund within the eligible window, contact support@climatenest.org with your Transaction ID.
- Subscriptions: Professional subscriptions (e.g., Enterprise, API access) are billed in advance. You may cancel at any time, but no refunds are provided for partial billing periods once the period has commenced.
4A. 24-Hour Satisfaction Guarantee — Fair Use Conditions
The 24-hour satisfaction guarantee exists to protect customers who are genuinely dissatisfied with the quality or completeness of the report data they received. It is not intended as an unlimited right of return after the report has been used or its value extracted.
Accordingly, the guarantee is subject to the following fair use conditions:
- 4A.1 Eligible Refund Basis: A refund may only be requested on the basis that the customer is not satisfied with the quality of the report data (for example, data was materially incomplete or inaccurate for the relevant property). Dissatisfaction with the findings of the report (e.g., a high risk rating for a property the customer intended to purchase) does not constitute grounds for a refund.
- 4A.2 Report Engagement Constitutes Use: Engaging with the report in any of the following ways within the 24-hour window is deemed to constitute evidence that the customer has derived value from the report and has used it, and accordingly the guarantee no longer applies:
- (a) Clicking the “PDF” download button to export the report as a PDF document; or
- (b) Clicking the “Share” button to generate a shareable link for the report.
These actions indicate that the customer has reviewed the report, found it sufficiently valuable to save or share, and has therefore had reasonable opportunity to assess its quality. - 4A.3 Platform Logging: ClimateNest records PDF download and Share button engagement events on a per-order basis via server-side analytics. This data may be used to assess refund eligibility when a request is submitted. By purchasing a report, you consent to the collection of this engagement data.
- 4A.4 Limitation: ClimateNest reserves the right to decline a refund request where engagement data indicates that the report was used (as defined in clause 4A.2) within the 24-hour window, irrespective of the stated reason for the refund request.
- 4A.5 Australian Consumer Law: Nothing in this clause limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded.
5. Nature of Services (No Professional Advice)
The Reports generated by ClimateNest are for informational purposes only and intended solely as a preliminary indicator of potential risks.
- 5.1 Not Professional Advice: The Content does not constitute, and should not be relied upon as, legal, financial, real estate, insurance, or construction advice. ClimateNest is not a licensed financial advisor, insurance broker, or real estate agent.
- 5.2 Independent Verification: You explicitly acknowledge that you should not make any financial or investment decisions (including buying, selling, or insuring property) based solely on this Report. We strongly recommend consulting with qualified professionals (e.g., surveyors, structural engineers, solicitors) to verify specific property conditions.
6. Data Limitations and Forecasting
- 6.1 Third-Party Data: Our analysis relies on third-party datasets and AI-driven interpretation. While we strive for accuracy, ClimateNest does not guarantee that this data is accurate, complete, or up-to-date. We accept no liability for errors or omissions originating from these third-party sources.
- 6.2 Predictive Modelling: Climate risk assessments are based on current scientific modelling and "Representative Concentration Pathways" (RCPs). You acknowledge that climate science is complex and evolving; actual future conditions may differ significantly from these forecasts. A "Low Risk" rating is not a guarantee that no adverse events will occur.
7. Intellectual Property
All content, algorithms, maps, and reports generated by ClimateNest are the intellectual property of ClimateNest Australia. You are granted a limited, non-exclusive, non-transferable license to use purchased reports for your personal or professional use (as per your plan tier). You may not resell, redistribute, or scrape our data without express written permission.
8. Limitation of Liability
To the maximum extent permitted by Australian Consumer Law:
- (a) ClimateNest shall not be liable for any indirect, special, or consequential loss (including loss of property value, lost profits, or inability to obtain insurance) arising from your use of the Report.
- (b) Our total aggregate liability to you for any claim arising out of these Terms or the Services shall be strictly limited to the amount you paid to ClimateNest for the specific Report giving rise to the claim.
9. Governing Law
These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland.