Welcome to Micromarkets, operated by “MICROMARKETS TECHNOLOGY PROPRIETARY LIMITED” (referred to as "Micromarkets," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Micromarkets platform, including our website located at www.micromarkets.ai (the "Platform") and all related services, data, analytics, tools, features, content, and software provided by Micromarkets (collectively, the "Service").

By accessing the Platform, subscribing to our Service, or otherwise using the Service, you ("you" or "User") agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not access or use the Service. Your continued use of the Service constitutes your acceptance of these Terms, including any modifications we may make from time to time.

Micromarkets provides a real estate market insights platform designed to deliver data and analytical tools to assist Users in making informed property investment decisions. The Service includes, but is not limited to:

Access to property data, market trends, and forecasts.

Analytical tools and visualisations.

Reports and summaries of market information.

Other features and functionalities may be introduced by Micromarkets.

For the purposes of clarity and transparency, the term "real-time" or "near real-time" in the context of our Service refers to data that is updated on a monthly basis, generally reflecting information from the most recent three-month period. This methodology provides a current market overview while allowing for data verification and quality control.

We explicitly state that "real-time" does not imply instantaneous updates or day-to-day data refreshes. Our data is processed and published on a monthly cycle to ensure a balance between timeliness and accuracy through a "verify then publish" approach. This means we prioritise verifying the integrity of the data before making it available.

To access certain features of the Service, you may be required to register for an account. You agree to:

Provide accurate, current, and complete information during the registration process.

Maintain the security and confidentiality of your account credentials, including your username and password.

Notify us immediately of any unauthorised access to or use of your account.

Be fully responsible for all activities that occur under your account.

You represent and warrant that you are of legal age in your jurisdiction and have the legal capacity to enter into these Terms.

Access to certain aspects of the Service may require a subscription. Details of our subscription plans, including pricing and features, are available on the Platform.

Fees: You agree to pay all applicable fees for your chosen subscription plan in accordance with the payment terms presented to you.

Payment Method: You must provide valid and up-to-date payment information. You authorise us to charge your chosen payment method for all applicable fees.

Recurring Billing: Unless otherwise stated, subscriptions are typically recurring and will automatically renew at the end of the applicable billing cycle. You can manage your subscription and cancellation preferences through your account settings.

Price Changes: We reserve the right to modify our subscription fees at any time. We will provide you with reasonable notice of any price changes. Continued use of the Service after the price change takes effect constitutes your acceptance of the new fees.

Taxes: You are responsible for any applicable taxes, duties, or levies associated with your use of the Service.

Subject to your compliance with these Terms and payment of applicable fees, Micromarkets grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes related to property investment.

All intellectual property rights in and to the Service, including but not limited to the Platform, data, analytics, software, logos, trademarks, and content, are owned by or licensed to Micromarkets and are protected by applicable copyright, trademark, and other intellectual property laws in Australia and internationally.

Except as expressly permitted by these Terms, you are strictly prohibited from:

Reproduction and Distribution: Copying, reproducing, distributing, publicly displaying, or creating derivative works of the Service or any content therein.

Commercialisation: Selling, sublicensing, renting, leasing, or otherwise commercialising the Service or any Service material.

Reverse Engineering: Attempting to reverse engineer, decompile, or extract the source code of the Service.

Data Extraction: Using any automated means (e.g., scraping, robots, spiders) to access, collect, or extract data from the Service, except as expressly permitted by API terms provided separately.

Circumvention of Security Measures: Attempting to circumvent or disable any security features or technological measures designed to protect the Service.

You agree to use the Service in a responsible and lawful manner. You are expressly prohibited from:

Unlawful Activities: Using the Service for any illegal or unauthorised purpose, or in violation of any applicable laws or regulations.

Harmful Conduct: Engaging in any activity that could damage, disable, overburden, or impair the Service or interfere with any other user's access to or use of the Service.

Data Misuse: Using the data provided by the Service for any purpose other than property investment analysis, including but not limited to discriminatory practices, or in violation of privacy laws.

Security Violations: Attempting to probe, scan, or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures.

Impersonation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Spamming or Unsolicited Communication: Transmitting any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Interfering with Service: Introducing any viruses, worms, Trojan horses, logic bombs, or other material that is malicious or technologically harmful.

Circumventing Restrictions: Attempting to circumvent any limitations or restrictions placed on your use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

MICROMARKETS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND ANY RELIANCE ON THE DATA PROVIDED IS AT YOUR SOLE RISK. THE INFORMATION PROVIDED BY THE SERVICE IS FOR GENERAL INFORMATIONAL AND GUIDANCE PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL FINANCIAL, LEGAL, OR REAL ESTATE ADVICE. YOU SHOULD CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING ANY INVESTMENT DECISIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, Micromarkets, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF Micromarkets HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF Micromarkets, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO Micromarkets IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

SOME JURISDICTIONS, INCLUDING AUSTRALIA, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH CASES, Micromarkets'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY RIGHTS OR REMEDIES THAT YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED.

While Micromarkets endeavours to provide reasonably accurate and up-to-date data, we do not guarantee the absolute accuracy, completeness, timeliness, or reliability of any information provided through the Service. Market conditions and other factors can change rapidly, and errors may occur.

The information provided by the Service is intended for general informational and guidance purposes only and should not be construed as professional financial, legal, accounting, or real estate advice. You acknowledge and agree that you are solely responsible for conducting your own due diligence and seeking independent professional advice before making any decisions based on the information provided by the Service. We expressly disclaim all liability for any errors, inaccuracies, or omissions in the data and for any harm or loss caused by your reliance on such data.

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). For example, our Service will be provided with due care and skill. If our Service fails to meet a consumer guarantee under the ACL, you may be entitled to a remedy, such as a resupply or refund for a major failure, and compensation for other reasonably foreseeable loss or damage. These Terms do not exclude, restrict, or modify the application of the ACL or any other provisions of the Competition and Consumer Act 2010 (Cth) where to do so would be illegal.

You agree to indemnify, defend, and hold harmless Micromarkets, its officers, directors, employees, agents, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your access to or use of the Service.

Your violation of these Terms.

Your violation of any rights of another party, including intellectual property rights.

Your breach of any applicable law or regulation.

Any content you submit or transmit through the Service.

We may terminate or suspend your access to the Service, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

Micromarkets reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We also reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will endeavour to provide you with reasonable notice, such as by posting the updated Terms on the Platform or through other communication channels.

Your continued use of the Service after the effective date of any modifications to the Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.

Micromarkets may assign, transfer, or subcontract its rights and obligations under these Terms without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect. To the extent possible, the invalid or unenforceable provision shall be reformed to reflect the original intention of the parties.

These Terms are governed by and construed in accordance with the laws of the State of [Insert Relevant State in Australia, e.g., New South Wales], Australia, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of [Insert Relevant State in Australia, e.g., New South Wales], Australia. You irrevocably submit to the jurisdiction of those courts.

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Platform, constitute the entire agreement between you and Micromarkets concerning your use of the Service and supersede all prior and contemporaneous communications, agreements, representations, and warranties, whether oral or written.

1. Third-Party and Government-Sourced Data

   Micromarkets obtains certain data (“Licensed Data”) from external third parties, including but not limited to Australian State or Territory land registries, planning departments, related government sources and other entities (collectively, the “Data Providers”). All Licensed Data is provided to you on an “as is” basis and may be subject to specific terms, conditions, and disclaimers imposed by the Data Providers.

2. Copyright and Ownership

   1. The copyright and other intellectual property rights in the Licensed Data are owned or controlled by the respective Data Providers.
   2. You acknowledge and agree that reproduction, distribution, or any other use of the Licensed Data is restricted by the terms of your agreement with Micromarkets.

3. No Warranties by Data Providers

   1. The Data Providers give no warranty regarding the accuracy, reliability, completeness, currency, or suitability of the Licensed Data for any particular purpose.
   2. To the maximum extent permitted by applicable law, the Data Providers and their officers, employees, or agents accept no liability (including but not limited to liability in negligence) for any loss, damage, or costs (including consequential damage) arising out of or in any way connected with your access to, use of, or reliance on the Licensed Data.

4. Use Limitations and Privacy Compliance

   1. You must not use the Licensed Data for any purpose that violates applicable privacy laws, including but not limited to direct marketing in breach of privacy legislation.
   2. You agree to comply with all relevant data protection and privacy laws in using any Licensed Data, and you are solely responsible for ensuring that your use of such data meets all legal requirements.

5. Timeliness and Publication Date

   1. The Licensed Data may be time-sensitive and is generally current as of its stated publication date only.
   2. Micromarkets and the Data Providers do not guarantee that the Licensed Data will be updated continuously or reflect real-time changes in property markets, land records, or other relevant information.

6. No Professional Advice

   1. The Licensed Data is provided for general informational and guidance purposes in the context of real estate market insights. It should not be relied upon as professional financial, legal, investment, or real estate advice.
   2. You acknowledge that you should seek independent professional advice regarding any property-related decision before relying on the Licensed Data.

7. Indemnity

   In addition to any other indemnities in these Terms, you agree to indemnify, defend, and hold harmless Micromarkets and the Data Providers from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or in connection with your misuse of the Licensed Data or breach of this Clause.

8. Paramountcy of Data Provider Terms

   In the event of any direct conflict between this Clause and any mandatory terms or disclaimers of the Data Providers, the latter will take precedence to the extent of the conflict.

If you have any questions about these Terms, please contact us at:

contact@micromarkets.ai

This Terms of Service agreement is effective as of February 19, 2025