Placemaker Terms of Use

AI Model means any software or hardware system that uses algorithms, machine learning, natural language processing, data analytics or similar techniques to generate, classify, summarise, predict, reason, learn or interact.

Authorised User means a person authorised by the Client to access and use the Application under the Client’s subscription agreement with us.

Client means the organisation licensed by us to access and use the Application through its Authorised Users.

Forecast means .id’s forecast population, forecast dwellings and forecast residential development sites for a place, using .id’s evidence-based forecasting model.

ID Account means an account created for an Authorised User to access the Application, which may include that person’s business email address, first name, last name and related account details.

Report means a report, insight, chart, map, graphic or other output generated from the Application.

Application means the Placemaker application available through app.id.com.au and any related websites, interfaces or services within the .id network made available as part of Placemaker.

Application Content means all content made available on or through the Application, including the Application’s layout and design, underlying code, and all text, graphics, images, maps, charts, graphs, reports, forecasts, data, updates, briefings and other material or services provided on or through the Application.

Changes to Terms of Use

We may amend these Terms of Use from time to time by publishing an updated version on the Application. The updated version will apply from the date it is published, as shown by the “Last updated” date.

If you continue to use the Application after changes are published, you are taken to have accepted the updated Terms of Use.

Where changes are material, we may, where practicable, provide a notice on the Application and notify the Client in accordance with the applicable Client contract.

You are responsible for reviewing the most current version of these Terms of Use to ensure you are aware of any updates.

Application Access and Licence

If you are an Authorised User for a Client with a current subscription to Placemaker, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Application and Application Content during the applicable subscription term, in accordance with these Terms of Use and any applicable Client contract.

Your right to use the Application is personal to you as an Authorised User and is subject to any access, security, usage or technical controls that we reasonably apply from time to time.

If there is any inconsistency between these Terms of Use and the applicable Client contract, the Client contract will prevail to the extent of the inconsistency as between us and the Client.

What you may do:

use the Application lawfully and only for the Client’s internal business purposes;
access, view and download Reports and reasonable extracts of Application Content for use within the Client organisation; and
share Reports and reasonable extracts of Application Content externally, including in publications, presentations and public communications, provided all required attributions, source notices and third-party notices are retained and not removed, obscured or altered.

You must not:

use the Application for any unlawful purpose or in breach of any applicable law;
permit anyone else to use your access credentials or otherwise allow unauthorised access to the Application;
scrape, harvest, extract, reproduce, distribute, publish or transfer Application Content except as expressly permitted by these Terms of Use, the applicable Client contract or by law;
attempt to interfere with, disrupt, test the vulnerability of, reverse engineer or otherwise misuse the Application or any underlying systems; or
remove, obscure or alter any attribution, source information, logo, proprietary notice or third-party notice that appears in the Application or in any Report.

Use of Application Content with AI Tools

You must not use Application Content or Reports to train, fine-tune, benchmark or otherwise improve any AI Model without our prior written consent.

You must not input Application Content or Reports into any public, shared or third-party AI tool where that content may be retained, used for model training, or made available outside the Client’s secure environment.

Use of Application Content or Reports within the Client’s secure internal AI tools for internal analysis, summarisation or insights is permitted, provided the content is not used to train or improve models made available outside the Client’s organisation, and provided that use complies with confidentiality, privacy and other applicable legal obligations.

Application Availability, Changes and Disclaimers

We may update, modify, suspend or remove features, functionality, content or user interface elements of the Application from time to time as part of ongoing maintenance, development and product improvement.

The Application is intended for analytical and planning purposes only. It is not intended for real-time operational use, emergency response, mission-critical use or safety-critical decision-making.

Application Content is provided in good faith on an “as is” basis for use as permitted by these Terms of Use. Application Content, including data, Reports, Forecasts, maps, charts and other materials, may become out of date and may be changed, delayed, revised or removed without notice.

You are responsible for making your own assessment of Application Content and for exercising your own professional judgment when using or relying on the Application and any Report.

To the maximum extent permitted by law, we make no representations and provide no warranties about the reliability, accuracy, currency, completeness, availability or suitability of the Application or Application Content for you, the Client or any third party.

Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

Third Party Content and Data

The Application includes material sourced from third parties. This may include ABS Data, mapping data from third-party mapping providers, and content supplied by local government authorities or other named contributors.

Your use of third-party content is subject to any terms imposed by the relevant third-party owner or licensor.

We do not claim ownership of third-party content and, to the maximum extent permitted by law, do not provide any warranty for the accuracy, completeness or continued availability of third-party content.

You are responsible for complying with any applicable third-party terms that apply to your use of third-party content.

We may change third-party data or service providers from time to time.

Forecasts

Forecasts are prepared with care but are subject to uncertainty and change. Factors such as changes to ABS Data, economic, political, environmental or legal developments, or other matters outside our control may affect their accuracy.

Actual results may differ materially from a Forecast. By using Forecasts, you acknowledge that they are indicative only and are not a guarantee of future outcomes.

You must not represent to any third party that Forecasts are official, certain, guaranteed or endorsed predictions.

To the maximum extent permitted by law, we give no warranty and accept no liability in respect of how you use any Forecast.

Intellectual Property Rights

The Placemaker Application, including its design, layout, code and Application Content, is protected by copyright, trade mark and other intellectual property rights owned by us or our licensors.

ABS boundary data and other ABS Data used in the Application remain the property of the ABS and are subject to the ABS terms that apply to that data.

Where the Application uses mapping data or other content supplied by third-party providers, your use of that material is also subject to the applicable provider’s terms and policies.

Copying, Scraping and Attribution Requirements

Except as expressly permitted by these Terms of Use, the applicable Client contract or by law, you must not copy, scrape, extract, harvest, mine, reproduce, adapt, frame, embed or distribute any part of the Application or any Application Content, including by using bots, crawlers or similar automated tools.

Where you share a Report or replicate extracts of Application Content, you must retain all required attributions, source notices, logos and third-party notices that appear with the relevant content.

Where a source notice does not already appear with the content, you must include a clear attribution such as: “Source: .id (informed decisions) www.id.com.au”.

If you wish to reproduce, distribute or publish Application Content other than as permitted by these Terms of Use, you must obtain our prior written permission.

If you reproduce, distribute or publish Application Content in breach of these Terms of Use or any applicable third-party licence terms, you agree to indemnify us against any loss, damage or liability we incur as a result.

Trade Marks

All trade names, trade marks, service marks and logos displayed on the Application are proprietary to their respective owners and protected by law. Nothing in these Terms of Use grants you a licence to use any trade mark without the prior written consent of the relevant owner.

Links to Third Party Sites

Links to external websites or applications are provided for convenience only. They do not imply endorsement or approval by us.

We are not responsible for the content, availability, security or operation of any third-party website, application or service, or for any loss or damage arising from your use of them.

Privacy

Your use of the Application is subject to our Privacy Policy, which explains how we collect, hold, use and disclose personal information.

We will handle personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) and other applicable privacy laws.

Third-party services used with the Application, such as hosting, analytics, support or CRM providers, may also handle information in accordance with their own privacy policies.

Electronic Communications, Cookies and Analytics

We may send you service, administrative and account-related communications about the Application, including notices about service operations that affect your access or use.

Where permitted by law, we may also send you information about our products, services, publications and events. You can opt out of marketing communications at any time by using the unsubscribe link in our messages or by contacting us.

The Application uses cookies and similar technologies to operate the service, improve user experience, analyse usage and support product improvement. You can usually control cookies through your browser settings, although disabling cookies may affect some features of the Application.

Liability and Indemnity

We do not guarantee that the Application will always be available, uninterrupted, error-free or free from harmful code. You must take your own precautions to protect your systems and data.

To the fullest extent permitted by law, we exclude all liability for loss or damage, including loss of data, profits, goodwill or business, arising from your use of the Application or reliance on Application Content.

Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee or other right under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. To the extent permitted by section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the relevant services again or paying the cost of having them supplied again.

You agree to indemnify us, including our officers, employees and contractors, for any loss, liability, damage, claim or expense arising from your material breach of these Terms of Use or your misuse of the Application.

Suspension and Termination

We may immediately suspend or terminate your access to the Application, including any licence granted under these Terms of Use, if you breach these Terms of Use, misuse the Application, infringe our intellectual property rights or those of our licensors, cease to be an Authorised User, or if the applicable Client subscription ends or is suspended.

We may exercise these rights without prior notice where reasonably necessary to protect the Application, our rights, third-party rights, or the security or integrity of the service.

Termination or suspension does not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination or suspension.

Governing Law

These Terms of Use are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and their appellate courts.

If you access the Application from outside Australia, you are responsible for complying with local laws. We make no representation that the Application or Application Content is appropriate or available for use in other jurisdictions.

ID Consulting Pty Ltd

Phone: +61 3 9417 2205

Email: info@id.com.au

Privacy enquiries: privacy@id.com.au