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Subscription License Agreement
TERMS AND CONDITIONS
1. Term of Subscription agreement
This Subscription Agreement sets out the key commercial terms upon which MJP Property Risk Rating (trading as RiskWise Property Research) ABN 38 613 004 685 ("RISKWISE") offers to provide its Products and Services to you and will constitute a binding contract with you, the Customer.
RISKWISE is an Australian residential property risk rating company, which provides algorithm-based, risk assessment reports for residential properties in Australia.
Upon accepting this Agreement, you authorise the agreed periodical payments to us.
2. Product Description
The permitted purpose for this Subscription Agreement entitles you to:
Generate and download individual property risk reports, pending your Subscription type
1.1. 'Standard' subscription entitles 100 individual risk reports per user per month;
1.2. 'Premium' subscription entitles 200 individual risk reports per user per month
2. For Premium subscription, in addition to sec (1.2), includes:
2.1 Each report will carry the RISKWISE logo and the option to add the name and the photo of the company which subscribes to RISKWISE;
2.2 The ability to download RISKWISE's Quarterly Risks and Opportunities Report;
2.3 The ability to download any Regional Economic Reviews that are available from RISKWISE
3. Intellectual Property
We remain the sole owner of all rights and titles, and we reserve all rights not granted under these terms.
4. Subscriber Obligations
4.1 Permitted Purpose
Individuals, Sole Traders and Small Corporates:
4.1.1 The Customer may only use this report if he is:
i) An individual; or
ii) a sole trader; or
iii) a corporate with up to three total staff members
If the Customer does not meet the criteria set out in sec 4.1.1.(i-iii) above, then he must not use this report for commercial purposes without purchasing the Corporate Pack from MJP Property Risk Rating from our website
RiskWise Property Research
, based on the size of the Corporate.
4.1.2 The Customer may only use this report as the basis:
i) For assisting in personal (i.e. not commercial) property market research;
ii) For assisting in internal property market research for commercial purposes;
iii) For reviewing data and / or information regarding the property market obtained from an independent source of information for quality purposes;
4.1.3 This report, and any section of this report, must not be published or provided to any third party except with the prior written consent of MJP Property Risk Rating.
4.1.4 The customer must not provide any reference and / or attribute any conclusions drawn from this report in any way that may damage the reputation or goodwill of MJP Property Risk Rating, alter the meaning or the content of this report, or otherwise mislead any person who receives any information that is included in this report.
You must not misuse the Services and Products that we provide to you as part of the Services. For example, you must not:
a) copy, modify or resell the Product and reports;
b) use the content included in the Services to construct any kind of database;
c) access or attempt to access the Services by any means other than the interface we provided or authorised;
d) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
e) share content or engage in behaviour that violates anyone’s Intellectual Property Right (
"Intellectual Property Rights"
means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
f) attempt to disable, impair or destroy the Services or Product.
g) use any data mining or similar data gathering and extraction methods in connection with the Services; or h) violate applicable law.
We may modify, update or discontinue the Services or Products (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make any changes.
6. Subscription Term and Termination
6.1 Commencement date – Date you entered the Subscription Agreement.
6.2 This Agreement will operate for a period of six (6) months from the commencement date.
6.3 This Agreement will be renewed automatically on a month-to-month basis unless either party gives the other not less than 30-days notice in writing prior to the expiry of the term and in accordance with sec 6.4 below
6.4.1 This agreement will terminate should either party give the other not less than 30-days notice in writing prior to the expiry of the term.
6.4.2 Termination of your account does not relieve you of any obligation to pay any outstanding fees.
6.4.3 Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Products if:
(i) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(ii) you fail to make the timely payment of fees for the Licence or the Services, if any;
(iii) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
All Pricing is exclusive of GST.
8. Payment method
8.1 All Payments are done via Stripe and subject to Stripe T&C. The payment will trigger the system to create or/renew the monthly allocation of the system-generated reports
8.2 Payment Cycle – Monthly via Stripe
No refund or pro rata is available to the monthly payment during and / or after the contract term.
10. Limitation of Liability
We are not liable to you or anyone else for:
a) any loss of use, data, goodwill or profits, whether or not foreseeable; and
b) any special, incidental, indirect, consequential or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those resulting from loss of use, data or profits, whether or not foreseeable.
MJP Property Risk Rating (trading as RiskWise Property Research) (including any related entities, directors, officers and agents) gives no warranty nor accepts any liability or responsibility for any decision of the purchaser of this report (or any associates) which purports to be based wholly or in part on this report, such as any decision to invest in, to buy or not to buy the property described in the report.
The data, statements, information, photographs, calculations, graphs, facts, statistics, analytics, results, property transactional information, ownership and occupancy information, and property attribute data (including any commentary) provided in this report (collectively referred to as Information) is of general nature and should not be construed as specific advice or relied upon in lieu of appropriate professional advice.
While MJP Property Risk Rating uses reasonable endeavours to ensure the Information is current, MJP Property Risk Rating does not warrant the accuracy, currency or completeness of the Information and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with the Information.
Further MJP Property Risk Rating gives no warranty in relation to the report and the contents of the report and expressly disclaims any liability for any loss or damage which may arise from any person acting or deciding not to act partly or wholly on the basis of the Information.
The Risk Estimate must not be relied upon as a professional valuation or an accurate representation of the market value of the subject property as determined by a valuer. MJP Property Risk Rating expressly excludes any warranties and representations that the Risk Rating is an accurate representation as to the market value of the subject property.
To the full extent permitted by law, MJP Property Risk Rating excludes all liability for any loss or damage howsoever arising suffered by the recipient, whether as a result of the recipient's reliance on the accuracy of the Risk Estimate or otherwise arising in connection with the Risk Estimate.
Where Product Data has been compiled with data supplied by third parties, including, but not limited to:
(b) Australian Bureau of Statistics;
(c) Reserve Bank of Australia;
MJP Property Risk Rating provides no warranty and excludes all liability and responsibility for any loss or damage howsoever arising from the third-party data. The third-party disclaimers and Terms and Conditions as published by each of the above named third parties applies in conjunction with this Disclaimer applies.
By clicking on "I Agree" you confirm that you have read and accept the Subscription License Agreement.
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