BIRE Proprietary Mapping Portal – Terms of Use and Conditions

1. Interpretation

   In these Terms of Use and Conditions:
   • “BIRE Proprietary Mapping Portal” refers to the services provided on bire.com.au, including any related subscriptions, software, code, scripts, applications, dashboards, services, or other intellectual property made available by BIRE.
   • “You” refers to a BIRE Proprietary Mapping Portal user, whether registered or unregistered, and any organisation you represent.
   • “BIRE”, “We”, “Us” refers to BIRE Pty Ltd T/A Bradfield International Real Estate (BIRE®).
   • “Data” refers to any information, datasets, or material accessible through the portal, including but not limited to census data, geographic and location-based information, statistics, and survey results.
   • “Dataset” refers to a specific subset of Data.
   • “Relevant Data Licence” refers to the terms governing access, use, and sharing of data provided by its source.
   • “Login” refers to the submission of personal credentials to access the portal securely.

2. Access

   • You may need an account to access certain features of the portal. Access is granted at BIRE’s discretion.
   • You are responsible for maintaining the confidentiality of your login credentials and ensuring all information you provide is accurate.
   • Accounts must be registered to an individual unless BIRE grants written permission for organisation-wide access.
   • If you use the portal on behalf of an entity, you confirm you have the authority to bind that entity to these terms.
   • BIRE reserves the right to restrict, suspend, or terminate access at its sole discretion, without notice, if there is suspected unauthorised use or other reasonable grounds.

3. Dataset Licensing

   • Your use of datasets is subject to both these Terms and the Relevant Data Licence. If there is a conflict, the Relevant Data Licence prevails.
   • By accessing any dataset, you agree to its licensing terms, including use restrictions and attribution requirements.
   • BIRE may terminate access if there is a suspected breach of dataset licensing conditions.

4. Attribution

   • You must attribute data in line with the Relevant Data Licence.
   • You must also credit “BIRE Proprietary Mapping Portal” as the source when referencing datasets. Failure to comply may result in legal action.

5. Intellectual Property

   • BIRE retains ownership of the portal and all proprietary data, except where third-party data sources apply.
   • We grant you a non-exclusive, non-transferable, revocable licence to use the portal in accordance with these Terms and the Relevant Data Licence.

6. Fair Usage

   • You must not misuse the portal in a way that disrupts its functionality or negatively impacts other users.
   • Prohibited activities include unauthorised access, data mining, and actions that compromise platform integrity.
   • BIRE may monitor usage patterns and take corrective action, including restricting access.

7. Governing Law and Jurisdiction

   • These Terms are governed by the laws of Australia.
   • You and BIRE submit to the exclusive jurisdiction of Australian courts regarding any disputes.

8. Modifications

   • BIRE may update the portal, modify datasets, or adjust access levels at any time without prior notice to improve services.

9. Data Usage Restrictions

   • You agree to use datasets lawfully and comply with all applicable laws and regulations.
   • You must not use datasets for illegal, fraudulent, misleading, or malicious activities.
   • BIRE reserves the right to terminate accounts in cases of misuse.

10. Termination by BIRE

    • BIRE may terminate your access at its sole discretion if you breach these Terms or engage in conduct deemed inappropriate or harmful to BIRE’s reputation.
    • In cases of gross misconduct or illegal activity, termination may occur without notice.

11. Trial Period

    • New customers may be granted a 48-hour trial period upon submitting their details.

12. Conflict of Interest

    • You acknowledge that BIRE may have business interests that could create a conflict of interest.
    • BIRE will take reasonable steps to mitigate conflicts and notify you if a conflict arises.
    • You indemnify BIRE against any claims, damages, or expenses arising from such conflicts.

13. No Financial or Investment Advice

    • The portal provides general information only and does not constitute financial, investment, legal, or professional advice.
    • BIRE does not guarantee the accuracy, completeness, or suitability of any data for financial, economic, or investment decision-making.
    • BIRE is not a financial advisor, investment manager, or legal expert. You should seek independent professional advice before making any financial, business, investment, or legal decisions based on the portal’s data.
    • You use the data at your own risk.

14. No Liability for Financial or Business Losses

    • To the fullest extent permitted by law, BIRE, its staff, affiliates, and suppliers are not liable for any loss or damage—including financial, business, or investment losses—arising from:
    • Your use of or reliance on portal data;
    • Errors, omissions, or inaccuracies in the data;
    • Any business, financial, or real estate decisions made using portal data.
    • This includes, but is not limited to, lost profits, revenue, business opportunities, goodwill, or anticipated savings.

15. Accuracy and Timeliness of Data

    • BIRE sources data from various providers but does not guarantee that it is always accurate, complete, up-to-date, or error-free.
    • Data may become outdated or contain inaccuracies, and BIRE is not obliged to update or correct it.
    • External factors such as market changes and government policies may affect data accuracy or relevance.
    • BIRE is not responsible for decisions made based on outdated, incomplete, or incorrect information.

16. Third-Party Data and External Links

    • Some datasets are sourced from third parties (including government agencies). BIRE does not control or guarantee their accuracy, reliability, or availability.
    • Any external links or third-party references are provided for convenience only. BIRE does not endorse or take responsibility for them.
    • BIRE is not liable for any loss or damage resulting from reliance on third-party data or services.

17. No Guarantee of Service Availability

    • BIRE does not guarantee that the portal, datasets, or services will always be available, error-free, or compatible with all systems.
    • BIRE may modify, suspend, or restrict access at any time without notice and is not responsible for disruptions or data unavailability.

18. Indemnity

    • You agree to indemnify and hold harmless BIRE, its staff, and affiliates from any claims, losses, damages, costs, or legal fees arising from:
    • Your reliance on portal data;
    • Any financial, business, or investment decisions made using the portal;
    • Your breach of these Terms or any applicable law;
    • Any unauthorised use of the BIRE Proprietary Mapping Portal.