Please read these terms and conditions carefully before using our website, platform, and database content.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
This definition acknowledges Australian legislation, including the Copyright Act 1968 (Cth) for intellectual property rights, the Privacy Act 1988 (Cth) for the protection of personal information, and any other applicable state or territory regulations governing the collection, use, and distribution of data within commercial real estate databases. All use of such content must comply with these laws and any relevant contractual agreements.
These Terms and Conditions govern the use of this Service and form a binding agreement between You and the Company ("Arealytics").
These Terms outline the rights and obligations of all users regarding the use of our Service.
Your access to and use of the Service is conditional upon Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You do not agree with any part of these Terms, You must not use the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also subject to Your acceptance of our Privacy Policy, which outlines how we collect, use, and disclose Your personal information under the Privacy Act 1988 (Cth). Please read our Privacy Policy carefully before using our Service.
Arealytics will give each User an Access Code. User must accept the terms of this Agreement in order to receive an Access Code.
Subscriber and Users will comply with all of Arealytics' security procedures. Subscriber and Users will keep all Access Codes confidential and will not share them with other employees or third parties. Subscriber is responsible for any breach by its Users. Subscriber must notify Arealytics immediately if it becomes aware that any third party has gained or has the potential to gain access to any of the Subscriber's Access Codes and is liable for any activity done by a third party or User using the Access Codes prior to such notification.
Arealytics can change, update, or improve the Arealytics Pro service at any time with a notice on the Arealytics Pro site, however, it is acknowledged that standard maintenance and bug fixes do not require notice.
Subscriber is solely responsible for acquiring and installing any hardware, software, telecommunications lines, internet access, and other items necessary to use Arealytics Pro.
User agrees not to compete with Arealytics, Empirical CRE, or any of its subsidiary companies in the development and marketing of a software or database application offering a data service for commercial real estate that relies on Arealytics' data.
When creating an account with Arealytics, You must ensure that the information You provide is accurate, complete, and up-to-date at all times. Failure to do so constitutes a breach of these Terms and may result in immediate termination of Your account.
You are responsible for maintaining the confidentiality of Your password and any activities under Your account. You agree to notify us immediately of any unauthorized use of Your account or security breaches.
Usernames must not infringe on any rights of third parties, contain offensive or obscene language, or impersonate any other individual or entity without authorization.
Our Service may allow You to post Content, and You retain all rights to the Content You create. However, by posting Content, You grant Arealytics a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, reproduce, distribute, publicly display, and perform Your Content on and through the Service.
You warrant that:
You must not post Content that is:
The Company reserves the right to remove or restrict Content at its sole discretion and to suspend or terminate accounts for violations of these Terms.
By exporting data from the Platform, you agree to the following:
The following actions are strictly prohibited:
Failure to adhere to these terms will result in immediate termination of access to the platform, and the user and their company will be held liable. Arealytics reserves the right to pursue legal action to enforce these terms and seek remedies for any breaches.
We respect the intellectual property rights of others. If You believe that Content on our Service infringes Your copyright or intellectual property rights, please contact us at info@arealytics.com.au with:
You cannot submit an image to Arealytics if it has granted exclusive rights to the image to a third-party and cannot submit an image to Arealytics and then afterward grant exclusive rights to a third party. You cannot take an image from Arealytics Pro or this website and submit to a third party if the submission requires giving the third-party exclusive rights. Arealytics has the right to reject or refuse to display or distribute any Content it considers defective, defamatory, inaccurate, incomplete, or that violates, misappropriates, or infringes on the rights of any third party. Neither Subscriber nor User may submit any property descriptions, photographs, images, financial, transactional, tenant, contact, or other information to Arealytics unless User has legal rights to publish, advertise, and distribute that information.
Subscriber grants to Arealytics, Empirical CRE, and any of its subsidiaries a non-exclusive license to develop, use, display, distribute, and sell Derivative Works using Database Content submitted by or on behalf of the Subscriber and Subscriber's Users.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at info@empiricalcre.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content, features, and functionality are the exclusive property of Arealytics and its licensors, protected under Australian copyright law and international treaties.
You must not use Arealytics trademarks or intellectual property without prior written consent.
Arealytics, Empirical CRE, and its subsidiary companies retain all Intellectual Property Rights to all Arealytics, Empirical CRE, or subsidiary products and the Subscriber shall not acquire any proprietary rights thereto. Subscriber acknowledges that the development of the Arealytics Pro service and application involved the expenditure of substantial time and money. Except as expressly provided herein, Arealytics does not grant any rights to Subscriber or any Users under patents, copyrights, trademarks, or trade secret information. Subscriber shall not alter or remove Arealytics' name, trademarks, copyright notices, or disclaimer on the Arealytics Pro service or application and any component thereof.
Subscriber acknowledges the following are prohibited: (i) license, grant, sale, assignment, transfer, and distribution of the Arealytics Pro Service (and the Database Content not entered into by Subscriber or Subscriber's Users) available to, or utilizing for, any third party; (ii) redistribution to any third party any Database Content not entered into by Subscriber or Subscriber's Users; and (iii) developing a competitive product or service or building a product using the same functions and features of Arealytics Pro or similar ideas, features, functions, or graphics.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
These Terms are governed by the laws of New South Wales, Australia. In the event of a dispute, You agree to first attempt to resolve the issue informally by contacting us.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We may revise these Terms at our sole discretion. Changes will take effect 30 days after they are posted. Continued use of the Service after the changes become effective constitutes acceptance of the updated Terms.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: