Terms of use

This website is operated by I.D. CONSULTING PTY LTD ACN 084 054 473.

References to “.id” “us” and “we” throughout these terms and conditions is a reference to both or either of the legal entities referred to above.

By using this website you are deemed to accept the following Terms of Use.

Definitions

1. “This website” means the .id.com.au network of websites and includes the layout and design of all associated website pages; the underlying website code; the text, sounds, graphics, animated elements and all other content on the website network.

ABS Data has the meaning in clause 11.

Forecast Data means the data produced by .id that predicts a future scenario within the forecasting parameters set by a client.

.id Products means the online products created by .id for clients and includes:

• profile.id
• atlas.id
• forecast.id
• economy.id
• housing.id
• views.id

Marks has the meaning in clause 27.

Map Data has the meaning in Clause 11

Subscriber Services are a range of online services provided by .id to which you may be able to subscribe from the website, and may include:

• e-newsletter
• Blog
• online video
• Demographic Resource Centre
• eBooks

Third Party Data has the meaning in clause11.

Terms of Use – defined

2. These Terms of Use govern your use of this website. By using this website you are deemed to accept these Terms of Use.
3. .id may change these Terms of Use at any time without notice. The amendments will apply immediately upon publication on this website. Your use of this website now and after any amendment is deemed acceptance by you to comply with and be bound by the most current published version of the Terms of Use. The Terms of Use should be read from time to time so you are aware of all updates.
4. Map Data on our website is provided by third parties and accordingly use of Map Data is governed by the Map Data owner’s terms of use. By using the Map Data you are deemed to have accepted the relevant Map Data terms of use.
5. Our website may utilise other Third Party Data. Where this is the case then use of that Third Party Data is governed by the Third Party Data owner’s terms of use. By using the Third Party Data you are deemed to have accepted the relevant Third Party Data terms of use.

Website license

6. When you visit our website, we give you a limited license to access and use the information contained within our website as set out in these Terms of Use.
7. You use of our website and any website content is always subject to the Intellectual Property Rights of .id and third parties as set out in clauses 18 – 26 below.
8. Where you access an .id Product as a registered user you must:

• keep your allocated user name and password secure and confidential; and
• not allow any other non-authorised person gain access to the .id Product with your assistance or using your user name and password, and
• not reproduce, distribute, publish or transfer to a third party any website content except as stated in these Terms of Use and the relevant .id Products terms and conditions.

Website Content

9. Website content is provided by .id in good faith on an “as is” basis for general information purposes only. All demographic data, forecasts, articles, briefings, updates or other information available on this website are prepared so that they are current as at the date of writing. Such information can rapidly become out of date. You must make your own assessment of the information and your reliance on it or use of it is entirely at your own risk.
10. .id makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the information, services and other content contained on this website. .id may, from time to time, change or add to this website without notice. .id does not undertake to you to keep this website updated. .id is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
11. Website content may contain data sourced from:

• the Australian Bureau of Statistics (“ABS Data”). ABS Data means statistical census information collated, produced, supplied and/or owned by the Australian Bureau of Statistics and upon which .id relies to produce the website content. .id modifies, transforms and/or reconfigures the ABS Data in order to create, collate, compile, produce and provide .id website content and .id Products;
• HERE.com Map Data by Here North America, LLC or its agent, Google Inc or its agent, and Bing Map Data by Microsoft Corporation Inc or its agent (“Map Data”);
• named third parties where a source is indicated on the relevant website location (“Third Party Data”).

12. In relation to ABS Data, Map Data and Third Party Data:

• .id makes no representation whatsoever that it has any ownership in the copyright to this data;
• .id gives no warranty nor bears any liability whatsoever with respect to the correctness, accuracy, currency, completeness, relevancy or otherwise of this data; and
• accepts no liability whatsoever arising from, or in connection with, the use of this data by you or any third party claiming through you.

13. Website content may include Forecast Data. With respect to such Forecast Data:

• although due care and attention is used in the preparation of such Forecast Data, forecasts by their very nature are subject to uncertainty and contingencies many of which are outside the control of .id;
• .id provides such Forecast Data in good faith but the accuracy, relevancy and correctness of such Forecast Data is subject to variation as a result of changes in the ABS Data and other factors outside of the control of .id including but not limited to economic, environmental, political, legal and seasonal changes;
• actual results may vary from Forecast Data and any variation may produce materially positive or negative results, such results for which .id bears no liability whatsoever;
• by providing Forecast Data, .id should not be considered as giving a recommendation in relation to the subject matter of such Forecast Data; and
• .id gives no warranty nor bears any liability whatsoever with respect to the correctness, accuracy, currency, completeness, relevancy or otherwise of any such Forecast Data that can be accessed through this website.

General disclaimer about website use

14. .id cannot guarantee that the content accessible to you from this website will always be correct or free from faults, errors and viruses. .id does not accept liability for incorrect content or errors and omissions in this website or its content (whether typographical, technical or otherwise).
15. .id will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this website or a linked website, or for any data lost or any equipment or software replaced by you as a result of you using this website.  You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
16. .id will not be liable for any loss or damage in connection with your use of this website, website content, linked websites or email, including but not limited to loss of profits, interest, data, business revenue, anticipated savings, business or goodwill.
17. To the extent permitted by applicable law, all representations, warranties and other terms are excluded.

User rights and intellectual property rights

18. This website is the copyright property of .id. Subject to clauses 19 to 26, all rights in this website and website content including copyright, design rights, patents, inventions, knowhow, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing are reserved to .id and/or their content and technology providers.
19. Content of this website contains data sourced from the Australian Bureau of Statistics. .id modifies, transforms and/or reconfigures the ABS Data in order to create, collate, compile, produce and provide website content and .id Products.
20. ABS Data and the copyright in the ABS Data remains the property of the Australian Bureau of Statistics. The copyright in the way .id has modified, transformed or reconfigured the ABS Data as published on this website remains the property of .id. You may access the ABS Data from the website of the Australian Bureau of Statistics at abs.gov.au, which you may be able to use under license on terms published on the ABS website.
21. HERE Maps are used on our website and in our .id Products with authorisation from Here North America LLC and/or its agent. Your use of the HERE Map Data is governed by HERE.com End User License Agreement For Distribution By HERE For The Americas/Asia Pacific. HERE Map Data is provided under license from PSMA Australia Limited (www.psma.com.au) and incorporates data which is the copyright © 2015 of Telstra Corporation Limited, GM Holden Limited, Intelematics Australia Pty Ltd, HERE International LLC, Sentinel Content Pty Limited and Continental Pty Ltd.
22. Google Maps are used on our website and in some of our .id Products with authorisation from Google Inc and/or its agent. Your use of Google Map Data is governed by Google Maps Terms, Legal Notices and Acceptable Use Policy.
23. Microsoft Bing Maps are used on our website and in our .id Products with authorisation from Microsoft Corporation and/or its agent. Your use of Microsoft’s Bing Map Data is governed by Microsoft Bing Maps and MapPoint Web Service End User Terms of Use and Embedded Maps Service Terms of Use.
24. Forecast Data and the copyright in any Forecast Data remains the property of .id.
25. Copyright in any other Third Party Data that is evident on our website remains the property of the identified third party and your use of that material by you is governed by that third party’s terms of use.
26. You are permitted to download and use content from our website provided the following conditions are satisfied:
    • Where you replicate in whole or in part our website content (“the replicated work”) you must include an Attribution Notice in the document or other medium where the replicated work is published. The Attribution Notice must be published with the replicated work in a place where it can be clearly located and viewed by any reader or observer of the replicated work.
    • The Attribution Notice must clearly show:

    (a)   .id’s authorship of the replicated work, using the wording:

    ‘This material was compiled and presented by .id (informed decisions). www.id.com.au‘

    (b)   that the replicated work is a derivative of ABS Data by inserting the wording:

    “This material is a derivative of ABS Data that can be accessed from the website of the Australian Bureau of Statistics at www.abs.gov.au, and which data can be licensed on terms published on the ABS website.“

    (c)    that any replicated Map Data or other trademarked third party data belongs to the named owner or licensor.  Any replication must comply with product terms of use published by Google Inc, Microsoft Corporation Inc, Here North America LLC or other relevant third party.

    • You must include any relevant copyright symbol, trademark (registered or otherwise) or other proprietary content notice with any replicated work.

Trade Marks

27. All trade names, trade marks, service marks and other product and service names and logos (the “Marks”) displayed on the website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of .id or others.
28. Nothing contained on the website should be construed as granting any license or right of use of .id or any other person’s or entity’s trade mark which is displayed on this website without their express permission.
29. You may not remove, change or obscure the .id logo or any third party logo or any notices of proprietary rights on any content of this website.

Links

30. Any links to third-party websites are provided for convenience only and do not represent endorsement, sponsorship or approval of: those third parties; any products and services offered by third parties, or the information included in third party websites.
31. You may not link to any part of this website without prior written consent from .id.

Website Forums

32. This website may contain bulletin boards, chat forums, comment sections or other communication facilities (Forum). By using and accessing this website or a Forum, you agree that you will not do any of the following:

• post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent material;
• post, communicate or transmit material which violates or infringes the rights of any other person or party or infringes any law;
• inhibit or restrict any other user from using this website;
• interfere with the computer systems which support this website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
• post, communicate or transmit any file which contains viruses, worms, “trojan horses” or any other harmful, contaminating or destructive features;
• attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of this website, including the use of automated tools.

33. You acknowledge that all Forum communications are public and not private communications. .id reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violate or allegedly violate any law.
34. You agree and acknowledge that:

• .id is not responsible for any content or material in any Forum (including, without limitation, any information, comments and/or advice of any individual or party referred to as a guest or expert whose statements on a Forum are their own);
• .id does not authorise or endorse the comments or material of users of a Forum;
• .id may use your personal information that is collected from a Forum in accordance with the .id Privacy Policy;
• Complaints and comments regarding potentially prohibited material on a Forum should be submitted to us by e-mail as set out in the Contact Us section below.

Privacy

35. Use of our website and any .id Products is governed by the .id Privacy Policy published on this website. .id will use only the personal data that is created by your use of the website or that you submit to us via the website or email in accordance with our Privacy Policy.
36. You should be aware that:

• Map Data on our website is provided by third parties, Google Map Data by Google Inc or its agent, Bing Map Data by Microsoft Corporation Inc or its agent and HERE Map Data by Here North America LLC and/or its agent. These organisations may collect information about your use of their Map Data. How they collect this information and what they do with it is governed by the Google Privacy Policy, the Microsoft Privacy Policy and the HERE.com Nokia Privacy Policy respectively.
• Our Subscriber Services are managed and/or serviced by HubSpot Australia Pty Ltd. How they collect your personal information and what they do with it is governed by the HubSpot Privacy Policy
• Third party websites that you access from our website are not covered by our Privacy Policy.
• .id may use your personal information that is collected from a Forum and will handle this personal information in accordance with the .id Privacy Policy.

37. It is your responsibility to read and understand the privacy policies of these organisations before you use the Map Data, our Subscriber Services or third party websites. If you access the Map Data or our Subscriber Services (including video feeds) on our website, you consent to our disclosure of your personal information to those third parties who support our website content and services that you choose to access.

Commercial Electronic Messages

38. Where the website offers products or services to website users and you express an interest to acquire them by taking up such an offer then you consent to .id sending commercial electronic messages (including messages about .id Products and services and the products and services of third parties) to electronic addresses which you have provided to .id or for which you or your employer are the relevant electronic account holder.

Governing Law

39. Except as identified in these Terms of Use, the content on this website resides on a server in the State of Victoria, Australia. Subject to any local laws that cannot be excluded, the law applicable to the website and your use of it, including any content on it and to any disputes is the State of Victoria, Australia.
40. Exceptions to the above are third party websites accessible via linked to our website, and material such as video feeds [eg Youtube] which may be hosted on servers within or outside the State of Victoria, Australia.

Contact Us

41. If you would like further details on any subject matter referred to in these Terms of Use or you wish to copy or reprint material for any purpose, please contact us on +613 9417 2205 or info@id.com.au

This page last updated October 2016
© .id consulting pty ltd 2016