These Terms govern your access to and use of the Brixel Property Intelligence platform. They should be read together with our Privacy Policy, Refunds and Cancellations Policy, and Data Sources and Disclaimer, each of which forms part of your agreement with us.
1.Agreement to these Terms
1.1These Terms of Service ("Terms") govern your access to and use of the Brixel Property Intelligence platform, the website at brixelpi.com.au, and any associated applications, reports, data outputs and services (together, the "Platform").
1.2The Platform is operated by Brixel Group Pty Ltd (ACN 701 562 432) ("Brixel", "we", "us", "our"), a company incorporated in Australia with its registered office at 12405/11 Cronin Avenue, Main Beach QLD 4217.
1.3By creating an account, purchasing access, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
1.4These Terms should be read together with our Privacy Policy, Refunds and Cancellations Policy, and Data Sources and Disclaimer, each of which forms part of your agreement with us.
2.Definitions
Access Period means the period of Paid Access purchased by you, as described on our pricing page at the time of purchase.
Free Account means an account created at no charge which gives you access to the Platform interface and its tools, but not to the Content.
Paid Access means access to the Content for an Access Period, purchased from within the Platform.
Content means all data, figures, rankings, scores, comparisons, maps, reports, text, graphics, software and other material made available through the Platform.
Login Details means the credentials you create, or that are issued to you, enabling access to your account.
Third Party Data means data sourced from external providers, including the Australian Bureau of Statistics.
User Content means material you create or store within the Platform, including saved shortlists, saved searches, property pins and filter configurations.
You means the individual or entity accessing the Platform.
3.What the Platform Is
3.1Brixel Property Intelligence is a research and information tool. It aggregates, organises and presents publicly available and licensed statistical data about Australian residential areas, and provides tools to search, filter, compare and export that information.
3.2The Platform is designed for self-directed research. It is intended to support your own enquiry, not to replace it.
3.3The Platform is not a property, investment, financial, taxation, legal, credit or valuation service. It does not recommend properties, does not recommend suburbs, and does not act on your behalf in any transaction.
4.Information Only: No Advice
4.1All Content is provided for general information purposes only.
4.2Brixel is not a licensed financial services provider, is not an Australian Financial Services licensee, is not a licensed real estate or buyer's agent in connection with the Platform, and does not provide personal advice of any kind.
4.3Nothing on the Platform takes into account your objectives, financial situation, needs or circumstances. No Content constitutes a recommendation, an endorsement, an offer, or an inducement to acquire, dispose of or hold any property or financial product.
4.4Before acting on any information obtained from the Platform, you should obtain independent professional advice from appropriately licensed advisers, including as relevant a licensed financial adviser, accountant, mortgage broker, solicitor, valuer, building and pest inspector, and real estate professional.
4.5You are solely responsible for any decision you make and for any consequence of that decision. You acknowledge that property investment involves substantial financial risk, including the risk of loss.
4.6No guarantee of outcomes. Brixel makes no representation and gives no guarantee as to future capital growth, rental yield, rental demand, vacancy, resale value, development, infrastructure delivery, or any other future outcome in any area. Historical data does not predict future performance.
5.Third Party Data and Accuracy
5.1The Platform relies substantially on Third Party Data. Brixel does not control, produce, verify or audit that data.
5.2Third Party Data is provided to you as is and as available. It may be incomplete, out of date, superseded, subject to revision by its publisher, or contain errors.
5.3Statistical data is published on release cycles and geographic boundaries determined by its publisher. Data presented for an area may relate to a period materially earlier than the date on which you view it, and to boundaries that do not align with suburb names in common usage.
5.4Where the Platform presents derived figures, scores, rankings, indices or comparisons, those outputs reflect Brixel's own methodology applied to underlying data. They are interpretive tools, not statements of fact, and reasonable analysts may reach different conclusions.
5.5You must independently verify any information before relying on it. Do not treat any figure on the Platform as verified, current, or complete without checking it against its original source.
5.6Further detail on sourcing, currency and known limitations is set out in our Data Sources and Disclaimer.
6.Eligibility, Accounts and the Free Account
6.1You must be at least 18 years of age and have legal capacity to enter into a binding contract.
6.2You must provide accurate registration information and keep it current.
6.2AThe Free Account. You may create a Free Account at no charge. No payment method is required to do so. A Free Account gives you access to the Platform interface, including its maps, tools, screens and navigation, so that you may evaluate the Platform before deciding whether to purchase.
6.2BA Free Account does not include access to the Content. Figures, data layers, comparisons, scores and report outputs are not available on a Free Account. Content becomes available only when you purchase Paid Access from within the Platform.
6.2CA Free Account is provided as is and as available, for evaluation purposes. We may modify, limit, suspend or withdraw the Free Account, or the features available within it, at any time and without notice. No fee is payable for a Free Account and no refund arises in respect of it.
6.2DA Free Account may be closed by us if it is inactive, if it is used in breach of clause 9, or if it is created to circumvent these Terms, including by creating multiple accounts.
6.3Login Details are personal to you. You must not share, sell, transfer, sublicense or otherwise permit any other person to use your Login Details or your account.
6.4An account is for use by a single individual. Access purchased by an entity is limited to one named individual unless we agree otherwise in writing.
6.5You are responsible for all activity occurring under your account. You must notify us promptly at the contact address in clause 21 if you become aware of unauthorised use.
7.Access, Pricing and Payment
7.1Paid Access is sold as a one-off payment for a fixed Access Period. Prices and Access Periods are those published on our pricing page from time to time.
7.1APurchases are made from within the Platform. Our website does not process payment. To purchase Paid Access you must first create a Free Account, sign in, and complete the purchase from within the Platform. Prices shown on our website are indicative of those offered inside the Platform and do not constitute an offer capable of acceptance on the website.
7.1BOn purchase, Paid Access is applied to your existing account. No new account is created and your existing Login Details continue to apply. Content is ordinarily switched on within two hours during business hours, or by the following business morning where a purchase is completed outside those hours.
7.2Access does not automatically renew. No recurring charge is made. When an Access Period ends, access ceases until you purchase further access.
7.3We may change our pricing, tiers and Access Periods at any time. A change to published pricing does not affect an Access Period you have already purchased.
7.4Where we offer a rate lock, price hold or promotional benefit, the terms of that benefit are those stated at the point of purchase. Any such benefit is personal to you, is not transferable, and does not survive termination of your account for breach.
7.5All prices are in Australian dollars and, unless stated otherwise, are inclusive of GST where applicable.
7.6Payments are processed by a third party payment provider. We do not receive or store your full card details.
8.Refunds
8.1Refunds are governed by our Refunds and Cancellations Policy, which forms part of these Terms.
8.2In summary: you may request a refund at any time before Content is switched on for your account. Once Content has been switched on, the Platform has been delivered to you in full and the fee is not refundable.
8.2AThe Free Account exists so that you may inspect the Platform, its interface, its tools and its stated limitations before spending anything. You are encouraged to do so before purchasing.
8.3Clause 8.2 does not limit any right or remedy you have under the Australian Consumer Law. See clause 13.
9.Acceptable Use
9.1You may use the Platform for your own personal or internal business research.
9.2You must not:
- (a) copy, scrape, harvest, extract, mirror, index or systematically download Content by automated or manual means, other than by using the Platform's own export and report functions;
- (b) resell, sublicense, redistribute, publish, or make Content available to any person outside your organisation, whether for a fee or free of charge;
- (c) use Content to build, train, populate or improve any competing product, dataset, database, model or service;
- (d) reverse engineer, decompile, or attempt to derive the source code, structure, methodology or underlying data schema of the Platform;
- (e) circumvent, disable or interfere with any access control, paywall, masking, rate limit or security feature;
- (f) share Login Details, or permit concurrent use of your account by multiple individuals;
- (g) use the Platform in any way that is unlawful, that infringes any person's rights, or that imposes an unreasonable load on our infrastructure;
- (h) misrepresent Content as your own work, or as verified, endorsed or guaranteed by Brixel; or
- (i) present Content to a third party in a manner that suggests it constitutes advice, a valuation, or a recommendation.
9.3You may include extracts of Content in your own private research materials and in materials provided to your own professional advisers, provided the material is attributed to Brixel Property Intelligence and is accompanied by the disclaimer that it is general information only and not advice.
9.4We may monitor use of the Platform to detect breaches of this clause.
10.Intellectual Property
10.1The Platform, and all Content other than Third Party Data in its original published form, including its selection, arrangement, structure, methodology, scoring, design, software and branding, is owned by Brixel or its licensors and is protected by Australian and international intellectual property laws.
10.2We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for the duration of your Access Period, for the purposes permitted by clause 9.
10.3No other right or licence is granted. All rights not expressly granted are reserved.
10.4Third Party Data remains the property of its publisher and is subject to that publisher's own licence terms, as described in our Data Sources and Disclaimer.
10.5You retain ownership of your User Content. You grant us a non-exclusive licence to host, store, process and display that User Content for the purpose of providing the Platform to you.
10.6If you provide feedback, suggestions or ideas about the Platform, we may use them without restriction and without obligation to you.
11.User Content and Data Retention
11.1Saved shortlists, saved searches, property pins and other User Content are provided as a convenience feature. Their continued availability is not guaranteed.
11.2User Content may not be retained after your Access Period lapses, and may be deleted, archived or made inaccessible without notice.
11.3We do not warrant that User Content will be preserved, backed up, recoverable, or available across Platform versions.
11.4You are responsible for exporting and retaining your own records. Use the Platform's report and export functions to keep a copy of anything you need. To the maximum extent permitted by law, Brixel is not liable for any loss of, or inability to access, User Content.
12.Availability, Changes and Versions
12.1We aim to keep the Platform available but do not warrant uninterrupted or error free access. Access may be suspended for maintenance, upgrades, technical failure, or reasons beyond our control.
12.2The Platform is under active development. We may add, modify, restrict or remove features, data layers, geographic coverage, methodologies and outputs at any time.
12.3We may release successive releases of the Platform. A later release may differ in coverage, features, methodology and price. Purchase of an Access Period entitles you to the Platform as it stands during that Access Period, including anything added during it, but does not entitle you to any separately priced product except as expressly stated at the point of purchase.
12.4Where a change materially reduces the core functionality available during a current Access Period, we will make reasonable efforts to notify affected users.
13.Consumer Guarantees and Disclaimers
13.1Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded or limited. If any provision of these Terms would have that effect, it is to be read down to the extent necessary, or severed.
13.2Where the Australian Consumer Law applies and the services supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to:
- (a) resupplying the services; or
- (b) paying the cost of having the services resupplied.
13.3Subject to clause 13.1, and to the maximum extent permitted by law, the Platform and all Content are provided as is and as available, and we exclude all warranties, representations, guarantees and conditions of any kind, whether express, implied or statutory, including as to accuracy, completeness, currency, reliability, fitness for a particular purpose, merchantability, non-infringement, or that the Platform will meet your requirements.
14.Limitation of Liability
14.1This clause applies subject to clause 13.1. Nothing in it operates to exclude a right you have under the Australian Consumer Law.
14.2To the maximum extent permitted by law, Brixel, its directors, officers, employees, contractors and licensors are not liable to you for any:
- (a) loss of profit, revenue, anticipated savings, opportunity, goodwill or business;
- (b) loss arising from any property purchase, sale, retention or non-acquisition, including any difference between a purchase price and a later value;
- (c) loss arising from reliance on Third Party Data, or on any figure, score, ranking, comparison or report generated by the Platform;
- (d) loss arising from any inaccuracy, omission, delay, revision or discontinuation of data;
- (e) loss of, or inability to access, User Content;
- (f) loss arising from unavailability of, or interruption to, the Platform; or
- (g) indirect, incidental, special, punitive or consequential loss,
however arising, including in contract, tort (including negligence), statute or otherwise, and whether or not we were advised of the possibility of that loss.
14.3To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Platform and these Terms, for all claims combined, is limited to the total amount you paid to us for Platform access in the twelve months immediately preceding the event giving rise to the claim.
14.4You acknowledge that the fees charged for the Platform reflect the allocation of risk set out in these Terms, and that we would not supply the Platform on these terms without that allocation.
14.5You must take reasonable steps to mitigate any loss. We are not liable for loss to the extent it is caused or contributed to by your own act or omission, including any failure to verify information under clause 5.5 or to export User Content under clause 11.4.
15.Indemnity
15.1To the maximum extent permitted by law, you indemnify Brixel and its directors, officers, employees and contractors against all liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with:
- (a) your breach of these Terms, in particular clause 9;
- (b) your use of the Platform or of any Content;
- (c) any claim brought by a third party arising from Content you provided, published or communicated to them; and
- (d) your infringement of any intellectual property right or any law.
15.2This indemnity does not apply to the extent the liability arises from our own negligence or breach.
16.Suspension and Termination
16.1We may suspend or terminate your access, including a Free Account, immediately and without refund, if we reasonably believe you have breached clause 6.3, clause 6.2D, clause 9, or any law.
16.2We may terminate or decline to provide access to any person at our discretion. Where we do so and you have not breached these Terms, we will refund the unused portion of your Access Period on a pro rata basis.
16.3You may stop using the Platform at any time. Clause 8 governs whether any refund is payable.
16.4On termination, your right to access the Platform ends immediately and User Content may be deleted in accordance with clause 11.
16.5Clauses 4, 5, 10, 11, 13, 14, 15, 19 and 20 survive termination.
17.Privacy
17.1We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
18.Third Party Links and Services
18.1The Platform may link to or integrate with third party websites and services. We do not control them, do not endorse them, and are not responsible for their content, accuracy, availability or practices.
18.2Your dealings with any third party are solely between you and that third party.
19.Enterprise and Team Access
19.1Team seats, bulk access, white label arrangements and other enterprise access are supplied under a separate written agreement.
19.2Where a separate enterprise agreement is in force, it prevails over these Terms to the extent of any inconsistency.
20.General
20.1Changes to these Terms. We may amend these Terms at any time by publishing an updated version. Changes take effect from publication. Material changes will not apply retrospectively to an Access Period already purchased. Continued use after publication constitutes acceptance.
20.2Governing law. These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.
20.3Severability. If any provision is unenforceable, it is severed and the remaining provisions continue in force.
20.4No waiver. A failure or delay in exercising a right is not a waiver of that right.
20.5Assignment. You may not assign your rights under these Terms. We may assign or novate our rights and obligations, including on a sale of business.
20.6Entire agreement. These Terms, together with the Privacy Policy, Refunds and Cancellations Policy, and Data Sources and Disclaimer, constitute the entire agreement between you and us in relation to the Platform.
20.7Force majeure. We are not liable for any failure or delay caused by an event beyond our reasonable control.
21.Contact
Brixel Group Pty Ltd trading as Brixel Property Intelligence
ACN: 701 562 432
ABN: 52 701 562 432
Registered office: 12405/11 Cronin Avenue, Main Beach QLD 4217
Email: info@brixelpi.com.au
Website: brixelpi.com.au
These Terms are effective from the date stated above and apply to all use of the Platform from that date.