top of page

Terms and Conditions

Please read these terms and conditions carefully before using Our Website, Platform, and Database Content.​

Interpretation and Definitions
Interpretations

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.

Definitions

For the purposes of these Terms and Conditions:

Access Code

the login and password combination assigned to each user allowing access to the Arealytics Pro system.

Account

means a unique account created for You to access our Service or parts of our Service.

Affiliate

means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Arealytics

means Arealytics™, a business name of the legal entity Empirical CRE Pty Ltd (ACN 625 506 505) of 90 Arthur Street, North Sydney NSW 2060.

Arealytics Database

the Database Content that is available as part of the Arealytics Pro application.

Arealytics Pro

Arealytics’ proprietary software application used to access the Arealytics Database.

Company

(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Arealytics and Empirical CRE Pty Ltd, Level 12, 90 Arthur Street, North Sydney NSW, Australia 2060.

Confidential Information

means the following, whether or not in material form: (a) all information that is designated by the party disclosing it as confidential, which is not generally known to third parties or by the receiving party, or which should be reasonably regarded in all the circumstances as confidential to the party disclosing it, including without limitation, information relating to the disclosing party’s technical and computer operations, including its hardware, software and data for processing, information relating to its personnel, business dealings, contracts, customers and marketing, sales and business plans, financial data and other sensitive corporate information; (b) all notes and other records prepared by the receiving party based on or incorporating any of the information referred to in (a); and (c)all copies of the information, notes and other records referred to in (a) and (b).

Content

refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Database Content

refers to any and all information, data, or material collected, stored, or organised within a database, including but not limited to:

  1. Commercial Real Estate Property Information: Details about commercial real estate properties, such as physical address, specifications, zoning classifications, and permitted uses.

  2. Listings: Information about properties available for sale, lease, or other transactions, including marketing materials, pricing, and availability status.

  3. Tenant Information: Details regarding current or former tenants of commercial properties, including names, lease terms, space occupied, and other tenancy-related agreements.

  4. Transactions: Records of completed, ongoing, or prospective transactions involving commercial real estate, including sales, leases, financing arrangements, or contractual agreements.

  5. Property Owner Details: Information identifying the owner(s) of commercial real estate properties, including names, contact information, and ownership structures, in compliance with the Privacy Act 1988 (Cth).

  6. Images: Photographs, renderings, or other visual representations of commercial real estate properties.

  7. Attachments: Supplementary documents or files, such as floor plans, marketing brochures, inspection reports, or other materials relevant to the properties or transactions.

 

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.

Derivative Works

reports or any other products produced utilizing or derived from Database Content.

Device

means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Empirical CRE

means Empirical CRE Pty Ltd (ACN 625 506 505) of 90 Arthur Street, North Sydney NSW 2060.

Feedback

means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Intellectual Property Rights

means all rights (whether created before, on or after the date of this Terms and whether registered or unregistered) in respect of copyright, trademarks, patents, designs, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise.

Platform

means Arealytics Pro or Arealytics PRO, Arealytics’ proprietary software application used to access the Arealytics Database.

Privacy Act

means the Privacy Act 1988 (Cth) and includes any determinations, guidelines and interpretative explanations issued from time to time by the Office of the Privacy Commissioner under that Act.

Service

means the website www.arealytics.com.au, its subdomains, content, forms, and information.

Terms and Conditions

(also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service

means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

User

those designees of Subscriber with Access Codes registered to access Arealytics Pro.

Website

refers to arealytics.com.au, accessible from https://www.arealytics.com.au.

You

means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

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 Pro 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.

​

Non-compete

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.

​

User Accounts

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.

 
Content
Your Right to Post Content

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:

  1. You own the Content or have the rights to use and share it.

  2. Posting the Content does not infringe any third-party rights, including privacy, publicity, copyright, or trademark laws.

​

Content Restrictions

You must not post Content that is:

  • Illegal, defamatory, or discriminatory.

  • Spam or unsolicited promotions.

  • Harmful (e.g., malware, viruses).

  • Violative of intellectual property or other proprietary rights.

  • Misleading, false, or impersonating others.

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.

​​

​

Data Protection Disclaimer

By exporting data from the Platform, you agree to the following:

  1. All company staff with access to the exported content are informed of and comply with the data protection clauses outlined in the Arealytics Subscription Agreement, which are also listed here.

  2. Exported content may not be provided, distributed, or shared with any third party without the prior written consent of Arealytics.

  3. The following actions are strictly prohibited:

    • Licensing, selling, assigning, transferring, or distributing the Arealytics Pro Service or its Database Content to any third party.

    • Redistributing Database Content through any third-party service.

    • Developing or contributing to the development of a competitive product or service that replicates or incorporates features, functions, data or ideas of or within Arealytics Pro.

 

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.

​

Copyright Policy
Intellectual Property Infringement

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:

  1. A description of the copyrighted work.

  2. Details of where the infringing material is located.

  3. Your contact information.

  4. A statement that You have a good faith belief the use is unauthorized.

​

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.

​

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

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):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

  • Your address, telephone number, and email address.

  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.


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.

 
Intellectual Property

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.

​

Your Feedback to Us

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.

 
Links to Other Websites

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.

 
Termination

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.

 
Limitation of Liability

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.

 
"AS IS" and "AS AVAILABLE" Disclaimer

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 limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

​

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.

 
Governing 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.

​​

​

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users


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.

​​

​

United States Legal Compliance

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.

​​

​

Severability and Waiver
Severability

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.

 
Waiver

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.

 
Translation Interpretation

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.

 
Changes to These Terms and Conditions

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.

 
Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

​

​

bottom of page