1. Definitions
“Arbify”, “we”, “our”, or “us” refers to Arbify Pty. Ltd.
“User” refers to any individual, company, or entity that accesses or uses the Service or Report Content.
“Report Content” refers to the output provided by the Service, in formats such as HTML, PDF, Excel, GeoJSON or others. It includes any generated content that does not have any direct User input.
“Report Credit” refers to a credit that is provided to the User when they provide payment to Arbify. The User receives access to the Service and Report Content for a particular allotment or allotments when they use a Report Credit.
“User Generated Content” refers to any content collected from the user as part of the organisation setup or report generation. This includes the report title, organisation name, and any content that has direct User input.
“Service” refers to the web application and all associated services provided by Arbify. This includes the collective offerings, features, functionalities and content provided by the web application.
2. Acceptance of Terms
These Terms and Conditions (“Terms”) govern the use of the Service and Report Content provided by Arbify. By accessing or using our Service or Report Content, the User agrees to comply with and be bound by these Terms.
The User may use the Service if they are legally permitted to form a binding contract with Arbify. By using the Service, the User represents that they have the right, power, and authority to agree to and be bound by these Terms and to perform all of the obligations hereunder.
If the User registers for the Service using an email address of their employer or another organisation on behalf of that entity, the User represents and warrants that they are an authorised representative of that entity with authority to bind that entity to these Terms.
3. User Obligations and Conduct
3.1. To access the Service, the User will be required to register for an account. The User agrees to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. The User is responsible for all activity conducted on their account, and maintaining the confidentiality of their account information, including username and password. The User agrees to contact us in the event of any unauthorised use or any breach of security.
3.3. The User agrees to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to laws regarding data privacy, international communications, and the transmission of technical or personal data.
3.4. The User is granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. All rights not expressly granted under these Terms are reserved by Arbify.
3.5. In cases where Arbify administers a page on a social networking website, we disclaim responsibility and accept no liability for comments or materials posted by other users on these platforms. For external pages not administered by Arbify, we are not responsible for and do not accept liability concerning the content or activities on those pages.
3.6. The User agrees that they are expressly prohibited from engaging in the following activities, either directly or through any intermediary:
Distributing, renting, leasing, selling, sublicensing, or making the Service available to third parties in any form, including but not limited to service bureau offerings, except as explicitly allowed by these Terms.
Replicating, copying, decompiling, reverse engineering, attempting to extract the source code, altering, or creating derivative works based on the Service or any component of it.
Using the Service for benchmarking or performance evaluation purposes.
Accessing the Service with the intent to create or market a competitive product.
Utilising the Service to store or transmit viruses or any form of malicious software.
Conducting any form of data mining, extraction, or scraping on the Service.
Circumventing or attempting to circumvent any measures we implement to restrict access to the Service, including but not limited to mechanisms that prevent content copying or enforce usage restrictions on the Service.
Attempt to gain unauthorised access to the Service or its related systems or networks.
Interfere with or disrupt the integrity or performance of the Service.
Use the Service for any purpose or in any manner that is unlawful or prohibited by these Terms.
4. Data Sources, Access and Use
4.1. We make reasonable efforts to ensure that the data we source is accurate and reliable, however, Arbify does not warrant or guarantee the accuracy, reliability, currency, completeness, or usefulness of this information and is not responsible for any errors or omissions in the data.
4.2. The Service incorporates data, imagery and information from third-party sources. Arbify does not guarantee the accuracy or reliability of third-party data and shall not be liable for any issues arising from the use of such data, imagery and information.
4.3. Arbify shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our data, whether sourced by third-party providers or otherwise. This includes, but is not limited to, financial loss, loss of data, or damage to reputation.
4.4. The State of Victoria and its suppliers do not warrant the accuracy or completeness of information in this publication and any person using or relying upon such information does so on the basis that the State of Victoria shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information.
4.5. Arbify may periodically update or modify the data available on the Service as new information becomes available or as needed to improve our services. Users are responsible for regularly checking for updates to ensure they have the most current data.
4.6. Arbify disclaims any warranties, express or implied, regarding the data sourced from external providers. This includes, but is not limited to, warranties of accuracy, reliability, fitness for a particular purpose, and non-infringement of third-party rights.
4.7. We respect the intellectual property rights of data providers and strive to use data in accordance with applicable licensing and usage agreements. If you believe your intellectual property rights have been infringed through our use of data, please contact us at [email protected].
4.8. The User agrees to exercise due diligence to verify the accuracy and completeness of the data for their specific purpose. Arbify does not guarantee the fitness of the data for any particular use.
4.9. Arbify does not warrant that access to the Service will be uninterrupted or error-free, nor does it guarantee that any defects in the Service will be corrected.
4.10. The User agrees to use the data in compliance with all applicable laws and regulations, including but not limited to environmental, data protection and intellectual property laws.
4.11. The User agrees to acknowledge Arbify as the source of the data in any reports or publications that use the Service or Report Content.
4.12. The User agrees not to use, display, reproduce, or distribute any data provided by the Service, including Report Content, in any manner that competes with the business of Arbify or is contrary to these Terms.
4.13. Arbify reserves the right to establish practices and limits concerning the Service, including the maximum period for which data or content will be retained by the Service and the frequency with which the User may access the Service.
4.14. The 'Site Selector' tool cannot be used to generate reports for multiple allotments greater than 1 km in diameter if the attempt is made to access data for a broader area outside their target subject site. If Arbify is made aware of or suspects a breach of data access or abuse of the 'Site Selector' tool, Arbify reserves the right to delete the report from the User's Report Dashboard and the User may have their account deleted. Arbify will not provide a refund in these circumanstances.
4.15. Arbify will provide historical aerial imagery for allotments with a diameter less than 1 km. If aerial imagery is required for an allotment or allotments with a total diameter greater than 1 km, additional costs will be incurred by the User.
4.16. The User may not:
reproduce, modify, distribute, or publicly display any data obtained from the Service without prior written consent, except as expressly permitted by applicable copyright laws. However, the User is permitted to share and distribute Report Content to their clients (e.g., in the form of the provided PDF reports, Excel or GeoJSON files).
Use the data for any illegal, fraudulent, or harmful activities, including but not limited to misleading or deceptive practices, harassment, or any activity that infringes upon the rights of others.
4.17. Arbify reserves the right to monitor data usage for compliance with these Terms and take appropriate action, including the suspension or termination of access to the Service, for any violations.
4.18. If you believe that any user is in violation of these Terms or is using the data inappropriately, please report it to us immediately at [email protected].
4.19. Any exceptions or variations to these data usage terms must be agreed upon in writing through a separate contractual arrangement with Arbify.
5. User Generated Content
5.1. When creating, sharing or distributing User Generated Content on our Service, the User agrees to the following:
The User is solely responsible for the content of any reports, documents or other materials that they create or generate using the Service.
The User must ensure that the User-Generated Content complies with all applicable laws and regulations, including but not limited to intellectual property, privacy, defamation, and data protection laws.
Arbify does not endorse or verify the content of User-Generated Content, and we disclaim all liability for any inaccuracies, errors, or omissions in such content.
The User retains ownership of any User Generated Content, however, by generating and sharing User Generated Content on our platform, the User grants Arbify a non-exclusive, royalty-free, worldwide, and sublicensable license to use, reproduce, modify, adapt, publish, and distribute such content solely for the purpose of providing the Service.
The User may not use User-Generated Content generated by others without obtaining the necessary permissions and rights from the content creator(s).
The User may not create, share, or distribute User Generated Content that is illegal, defamatory, obscene, harassing, or harmful. This includes content that promotes hate speech, discrimination, or violence.
User Generated Content must not infringe upon the intellectual property rights, including copyrights and trademarks, of others.
5.2. Arbify reserves the right to monitor User Generated Content for compliance with these Terms. We may remove or disable access to any User Generated Content that violates these Terms or is otherwise objectionable.
5.3. The presence of User Generated Content on the Service does not imply endorsement or approval by Arbify.
5.4. Arbify is not responsible for the storage or backup of User Generated Content. It is the responsibility of the User to maintain copies of User Generated Content.
5.5. If you believe that any User Generated Content on our platform infringes your rights or violates these Terms, please report it to us immediately at [email protected].
6. Report Content
6.1. Arbify does not provide any warranty for and does not guarantee the accuracy, validity, completeness and relevance of the information included in Report Content. The User must exercise due diligence to ensure the accuracy, validity, reliability, completeness and relevance of the information provided in the Report Content for their specific end use.
6.2. Arbify is not responsible for the storage or backup of Report Content. It is the responsibility of the User to maintain copies and backups of Report Content.
6.3. Arbify shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our Report Content. This includes, but is not limited to, financial loss, loss of data, or damage to reputation.
6.4. The User acknowledges that data is updated on a regular basis. Report Content contains data that was available at the time and date that the report was exported to PDF. Arbify is not required to update Report Content on behalf of the User.
6.5. The User agrees to reproduce Report Content in its entirety.
6.6. The User acknowledges that Report Content does not make any inference to the condition or the value of a property.
6.7. Arbify nor any of its officers, directors or agents or third-party data suppliers will have any liability to the User or any person to which the User provides the Report Content.
6.8. Arbify disclaims all liability, whether in contract, tort (including negligence), or otherwise, to any person for any loss or damage of any kind related to the use of the Service or Report Content. To the extent permitted by law, Arbify excludes any warranties implied into these terms. If any law implies a warranty into these terms that cannot be lawfully excluded, our liability is limited, at our option, to supplying the Report Content again or paying the cost of having the Report Content supplied again.
7. Security
Arbify takes the security of the User seriously and employs reasonable measures to protect against unauthorised access, data breaches, and hacking incidents. However, it is important to acknowledge that no online system can be entirely free from risks. By using the Service, the User accepts and acknowledges the following Terms regarding security:
7.1. We implement security measures designed to safeguard your data, including but not limited to encryption, access controls, and regular security assessments.
7.2. Arbify does not guarantee that our security measures will be entirely effective in preventing unauthorised access or security breaches.
7.3. Arbify shall not be liable for any security breaches, hacking incidents, or unauthorised access to User data resulting from the actions of third parties, including hackers, cybercriminals, or other malicious actors.
7.4. The User is responsible for taking appropriate precautions to protect their own data, including safeguarding login credentials, using strong passwords, and promptly reporting any suspicious activity related to their accounts.
7.5. Arbify disclaims any warranties, express or implied, regarding the security of your data or our services. This includes, but is not limited to, warranties of security, uninterrupted access, and freedom from security vulnerabilities.
7.6. Arbify's website and Service may contain links to external websites, including social networking platforms. These links are provided for the convenience of the User. If the User chooses to access these linked sites, they do so at their own risk.
7.7. Arbify does not approve, endorse, or recommend any external website, its content, or the products and services offered. We are not responsible for the accuracy, legality, or authenticity of information found on linked sites.
7.8. Users should exercise caution when navigating external websites and review their terms of service and privacy policies. Arbify is not responsible for any harm or damages resulting from your use of external websites.
7.9. In no event shall Arbify, its officers, directors, employees, or affiliates, be liable for any direct, indirect, incidental, consequential, or punitive damages arising from security breaches, hacking incidents, or unauthorised access to Users data. This includes, but is not limited to, financial loss, data loss, or reputational damage.
7.10. Arbify may periodically update security measures and protocols to enhance the protection of the User. Users are encouraged to keep their software and systems up to date to benefit from these improvements.
7.11. If the User becomes aware of any security vulnerabilities, potential breaches, or unauthorized access to the Service, the User agrees to report them to Arbify at [email protected].
8. Payment and Billing
Arbify offers a Report Credit System for purchasing reports. The User agrees and acknowledges to the following Terms of payment:
8.1. When a User purchases individual Report Credits, the Report Credit will be added to the User’s account soon after the completion of the purchase.
8.2. When a User opts for a subscription to buy Report Credits, the User’s account will automatically be credited each month. The initial billing will occur on the day the User initiates their subscription.
8.3. Arbify does not provide refunds or credits for any charges that have already been incurred.
8.4. Arbify does not allow change of mind refunds for Report Credits or subscriptions.
8.5. The User has the option to discontinue using the Service and cancel their subscription at any time. The cancellation will be effective at the end of the current billing cycle, and the User will not be charged for the subsequent cycle. The User agrees that upon canceling their subscription, they are not eligible for a refund of any fees previously paid. Additionally, any fees pending at the time of cancellation will become due and payable immediately.
8.6. Report Credit and subscription fees include all applicable taxes unless specified otherwise in a separate agreement with Arbify, stated within the Service, or indicated on a relevant invoice.
8.7. Arbify retains the authority to modify its pricing at any given time. The User agrees and acknowledges that any changes in pricing will take effect either at the time of their next subscription renewal or thirty (30) days following the notification of the price change, depending on which occurs later.
8.8. The User agrees to provide accurate and complete payment information, and the User authorises us to charge their provided payment method for all charges incurred through their account.
9. User Data Tracking and Analytics
The User acknowledges and accepts that Arbify tracks User behavior and collects data on our website and digital services for the following purposes:
9.1. Correct functioning of the website and its features
The User agrees to provide information to us directly, including information such as
username, email, first and last names, birthdate and phone number. These are used to identify
the User on Arbify. Arbify collects information from the User when
using the Service such as Report titles and Report lot locations in order for the Service to provide
functionality like Report generation. Arbify may receive information about the User
from third parties. For example, if you sign up to the Service via Google login, that third party
may pass certain information about your use of its service to Arbify. If the
User does not provide this information to us, the User may not be able to use our Service or
the Service will be severely degraded.
9.2. Site reliability and performance
Arbify may collect and analyse User data to monitor the reliability and performance of our website and services. This includes tracking User interactions, page load times, error logs, and other technical data. This helps us measure traffic and usage patterns for the Service. We may use third party analytic tools to automatically gather this information from your browser or mobile device.
The data collected for site reliability and performance monitoring is used to identify and address technical issues, improve User experience, and ensure the smooth operation of our services.
9.3. Business analytics
We use analytics tools and techniques to gather insights into User behavior and preferences. This includes collecting data on User interactions with our website, and the effectiveness of our marketing efforts.
The data collected for business analytics is used to make informed decisions regarding our services, marketing strategies, and user engagement.
9.4. Cookies
When the User accesses our Service, we, along with our third-party partners, place
cookies on the User’s computer. These are small, alphanumeric text files that uniquely
identify the User’s browser. Cookies enhance User experience by:
Speeding up the login process.
Improving site navigation.
Remembering User preferences.
Generally optimising User experience on our Service.
Cookies collect information about how the User interacts with our Service, such as:
The pages the User views.
The links the User clicks.
Other actions the User takes on the Service.
This helps us understand and analyse User Service usage over time.
Beyond improving User experience, cookies enable us to:
Analyse traffic and usage trends for the Service.
Identify potential new users.
The User can control, reset, or disable cookies through their web browser. This allows the User to:
Customise cookie preferences.
Refuse all cookies or get notified when a cookie is being sent.
Note that disabling cookies may impact the functionality of the Service and affect certain features.
9.5. User privacy
Arbify respects User privacy and complies with all applicable data protection
laws of Australia. User data collected for tracking and analytics purposes is anonymised and aggregated
whenever possible to protect individual privacy.
9.6. Third party services
We may use third-party analytics services and tools to assist in data collection and
analysis. These third-party services may have their own privacy policies and terms of use,
which Users are encouraged to review.
9.7. Data retention
We retain User data collected for tracking and analytics purposes for a period
necessary to achieve the purposes for which it was collected. After this period, the data is
securely deleted or anonymised.
9.8. Data security
Arbify takes measures to secure User data collected for tracking and analytics
purposes to protect it from unauthorised access or disclosure.
10. Changes to Terms
We reserve the right to modify or update these Terms at any time. Arbify will notify the User of material changes to these Terms. The User’s continued use of the Service or reliance on Report Content after such modifications or updates constitutes their acceptance of the revised Terms.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the Commonwealth of Australia and the state of South Australia, without regard to its conflict of law principles. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts in South Australia.
12. Contact Information
If the User has any questions or concerns about these Terms or our services, please contact us at [email protected] .