Website Terms and Conditions of Use
1. About the Website
- Welcome to www.thedataapp.com (the 'Website'). The Website provides data aggregation and analytics for the real estate, retail and other business sectors (the 'Services').
- The Website is operated by The Data App Pty Ltd (ABN 96601 536145). Access to and use of the Website, or any of its associated Products or Services, is provided by The Data App Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- The Data App Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Data App Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Data App Pty Ltd in the user interface.
3. Subscription to use the Services
- In order to access the Services, you must first purchase a subscription (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services.
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Mailing address
- Telephone number
- You warrant that any information you give to The Data App Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires.
- Becoming a Member and accepting the Terms does not create a partnership, agency, fiduciary or any other relationship, except as contained herein, between the parties.
4. Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Data App Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Data App Pty Ltd providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Data App Pty Ltd;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you acknowledge and agree that any automated use of the Website or collection of any data contained therein is prohibited.
5. Refund Policy
- The Data App Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of The Data App Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member.
6. Copyright and Intellectual Property
- The Website, the Services and all of the related products of The Data App Pty Ltd are subject to copyright. Unless otherwise indicated, all rights in the Services, including but not limited to text, graphics, logos, data analysis, code, scripts and design elements are reserved by The Data App Pty Ltd.
- All trademarks, service marks and trade names are owned, registered and/or licensed by The Data App Pty Ltd, who grants to you a revocable license whilst you are a Member to use the Website pursuant to the Terms; and
- The Data App Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or right to use or exploit a business name, trading name, domain name, trade mark or industrial design to you.
- You may not, without the prior written permission of The Data App Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are available for re-use or are in the public domain.
7. Use of The Data App name or logo
- The Services are not intended as legal, financial or investment advice and should not be relied upon or construed as such. No material derived from the Services should be construed or presented as providing recommendations in relation to any legal, financial, real estate or other product or service.
- The Services, the name and the logo of The Data App may only be listed as a source of information in promotional materials with the use of the following term: Information not verified or endorsed by The Data App.
9. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- The Data App Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms, whether at common law, under contract, tort, in equity or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Data App Pty Ltd make any express or implied representation or warranty about the Services or any products or services referred to on the Website including:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data or unlawful third party conduct;
- the accuracy, suitability or currency of any information on the Website, the Services, or any related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of The Data App Pty Ltd.
10. Limitation of liability
- The Data App Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that The Data App Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
- The Terms will continue to apply until terminated by either you or by The Data App Pty Ltd as set out below.
- If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing The Data App Pty Ltd with 14 days' notice of your intention to terminate.
- The Data App Pty Ltd may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- The Data App Pty Ltd is required to do so by law;
- the provision of the Services to you by The Data App Pty Ltd is, in the opinion of The Data App Pty Ltd, no longer commercially viable.
- Subject to local applicable laws, The Data App Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Data App Pty Ltd's name or reputation or violates the rights of those of another party.
12. Governing Law
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- A notice, request or provision of information to The Data App Pty Ltd required under these Terms can be made to The Data App Pty Ltd, 35 Albion Avenue, Paddington NSW, 2021 or through [email protected]. A notice to the Member can be made to the mailing address or email address referred to in Paragraph 3.4.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.