1. Introduction and Definitions
1.1These Terms and Conditions ("Terms") govern access to and use of the Where2Live website and application (the "Service"), operated by Data DIY Pty Ltd (ABN 57 702 479 892) ("we", "us", "our"). The Service is a data visualisation tool that presents publicly available property market and locality information — including numbers of properties sold, average rental prices, and crime statistics — by suburb. We do not create, verify, or independently source the underlying data; we visualise and present publicly available data.
1.2Where2Live is currently provided free of charge. By creating an account or otherwise using the Service, you ("User", "you", "your") agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
1.3If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" includes that organisation.
Definitions
- "Account" means the registered user profile created via our authentication provider (Auth0).
- "Content" means all data, reports, statistics, and materials made available through the Service.
- "Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
- "Public Data Source" means a government agency, statutory authority, or other body that makes property, rental, or crime-related data publicly available, from which we source the underlying data used in the Content.
- "Service" means the Where2Live website and application.
2. The Service
2.1The Service currently provides Content relating to suburbs within Western Australia only. We intend to expand coverage to other Australian states and territories over time, at our discretion and without a guaranteed timeframe.
2.2Content is compiled and aggregated solely from data that is publicly available, which may include government agencies, land titles offices, statistical agencies, and police or public safety agencies (each a "Public Data Source"). We do not create or generate the underlying data ourselves and are not responsible for its accuracy, completeness, or currency.
2.3Where a Public Data Source publishes data under an open data licence (such as Creative Commons Attribution), we attribute that source within the Service where required. Where Content is instead derived from a publicly viewable government dashboard or visualisation, we rely on the relevant agency's published terms of use for that resource; if those terms restrict the manner in which we may obtain or present that data, we will seek to obtain appropriate authorisation from the relevant agency or source an alternative. Access to affected Content may be limited, changed, or withdrawn without notice if such authorisation cannot be obtained or is withdrawn.
2.4Content is provided for general informational purposes only. It does not constitute financial, investment, legal, valuation, insurance, or safety advice, and must not be relied upon as a substitute for professional advice or independent due diligence.
2.5Crime statistics reflect reported incidents recorded by the relevant public authority and are not a comprehensive or real-time indicator of safety in any suburb. We do not warrant that displayed crime data reflects the current or actual state of any area.
2.6We aim to update Content regularly but do not guarantee any specific update frequency. Public Data Sources may revise, delay, suppress (for example, small crime figures for privacy reasons), or withdraw data at any time, which may cause discrepancies or gaps in the Service.
2.7We may modify, suspend, or discontinue any part of the Service (including specific data sets, suburbs, or states), or the Service as a whole, at any time and without notice. We are not liable to you for any modification, suspension, or discontinuation of the Service.
3. Account Registration
3.1 You can access Area Insights through a guest session without registering or logging in. If you choose to register an Account through our authentication provider, Auth0, provide the following information: first name, last name, email address, mobile phone number, and (optionally) your organisation name.
3.2You must ensure all information provided is true, current, and complete, and must promptly update your Account if any details change.
3.3You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify us immediately, via the "Contact Us" section of these Terms, of any unauthorised use or suspected security breach.
3.4Accounts are personal to the registered User (or, where applicable, the nominated users of a registered organisation) and must not be shared, sold, or transferred without our written consent.
3.5We may suspend or terminate an Account if we reasonably believe these Terms have been breached, the Account has been used fraudulently, or as required by law.
4. Acceptable Use
4.1You must not, and must not permit any third party to:
- scrape, harvest, crawl, or use automated means to extract Content from the Service other than through functionality we provide;
- reverse engineer, decompile, or attempt to derive the source code or underlying data structures of the Service;
- resell, sublicense, redistribute, or publish our aggregated Content (i.e., our compiled summaries, calculations, and presentation of suburb-level data), in whole or in part, to any third party without our prior written consent;
- share your Account with any person not authorised under clause 3.4;
- use crime statistics or other Content to unlawfully discriminate against any person or group, including in connection with tenancy, employment, insurance, or credit decisions, or in any manner that would breach applicable anti-discrimination legislation;
- use the Service in any way that is unlawful, misleading, or infringes the rights of any third party.
4.2We may investigate and take appropriate action, including Account suspension or termination, against any breach of this clause 4.
5. Intellectual Property
5.1As between you and us, we (or our licensors) own all intellectual property rights in the Service, including its design, software, branding, and the manner in which Content is compiled, aggregated, and presented.
5.2We only use data that is publicly available at the time of collection. Underlying raw data obtained from Public Data Sources may remain the property of, or be subject to usage terms imposed by, the relevant Public Data Source or any other person or entity asserting ownership or other rights in that data. We do not claim, and make no representation as to, ownership of that underlying raw data. Your use of Content through the Service is subject to any attribution or usage restrictions imposed by the relevant Public Data Source or other rights holder, as notified within the Service.
5.3We do, however, own the intellectual property in the manner in which we select, aggregate, calculate, structure, and present Content (for example, our suburb-level summaries, averages, and visualisations), independently of the underlying raw data.
5.4Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and view Content for your own personal, non-commercial use. No other rights are granted.
6. Privacy and Data Handling
6.1We collect and handle Personal Information in accordance with our Privacy Policy, available at [www.where2live.com.au]/privacy, which forms part of these Terms by reference.
6.2Account registration and authentication are managed through Auth0. Personal Information you provide may therefore be collected, processed, and stored by this third-party provider, including on servers located outside Australia.
6.3We handle Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, including principles relating to the disclosure of Personal Information to overseas recipients.
6.4By using the Service, you consent to the collection, use, and disclosure of your Personal Information as described in our Privacy Policy and these Terms.
7. Disclaimers and Limitation of Liability
7.1To the maximum extent permitted by law, the Service and all Content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including as to accuracy, completeness, currency, merchantability, or fitness for a particular purpose.
7.2You acknowledge that Content is not a substitute for independent professional advice (including legal, financial, valuation, or safety advice). You are solely responsible for independently verifying the accuracy, currency, and completeness of any Content before using or relying on it, and any decision you make or action you take in reliance on the Content — including any property, investment, tenancy, relocation, or safety-related decision — is made entirely at your own risk.
7.3As the Service is provided to you free of charge, to the maximum extent permitted by law, we exclude all liability for any loss or damage of any kind (including indirect, special, or consequential loss, or loss of profits, revenue, or data) arising from or in connection with your use of, or inability to use, the Service.
7.4To the maximum extent permitted by law, you indemnify us, our officers, employees, contractors, and agents, and agree to hold us harmless, against any claim, demand, action, proceeding, liability, loss, damage, cost, or expense (including reasonable legal costs) brought or threatened by any third party, arising from or in connection with: (a) any decision you make or action you take in reliance on the Content; (b) your use of the Service; or (c) your breach of these Terms. This indemnity does not apply to the extent a claim arises from our fraud, wilful misconduct, or a failure to comply with a guarantee under the Australian Consumer Law that cannot lawfully be excluded.
7.5Nothing in these Terms excludes, restricts, or modifies any right or remedy which cannot lawfully be excluded, restricted, or modified, including consumer guarantees under the Australian Consumer Law (see clause 8).
8. Australian Consumer Law
8.1Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law (ACL). If you are acquiring the Service as a consumer within the meaning of the ACL, you are entitled to a remedy for a failure to comply with a consumer guarantee.
8.2Nothing in these Terms is intended to limit or exclude any rights you may have under the ACL that cannot lawfully be excluded, restricted, or modified.
8.3As the Service is provided free of charge, certain ACL consumer guarantees that apply only to services supplied for consideration may not apply to your use of the Service, to the extent permitted by law.
9. Use of Crime Statistics
9.1Crime statistics displayed within the Service are sourced from publicly available law enforcement data and reflect reported incidents only. They do not reflect unreported incidents, ongoing investigations, or the current safety of any suburb.
9.2You must not use crime statistics, directly or indirectly, as a basis for decisions that could constitute unlawful discrimination against individuals or groups on the basis of a protected attribute under applicable Commonwealth, state, or territory anti-discrimination legislation, including in relation to tenancy, employment, insurance, or lending decisions.
9.3We accept no responsibility for decisions made by you or third parties in reliance on crime statistics presented through the Service.
10. Free Service; Future Changes
10.1The Service is currently provided to Users free of charge, and no payment is required to create an Account or access Content.
10.2We do not guarantee that the Service will remain free indefinitely. We may, at our discretion, introduce paid subscription tiers, premium features, or other charges in the future. If we do, we will provide reasonable prior notice, and any such charges will apply only from the date they take effect and only to the features specified at that time; these Terms will be updated accordingly.
10.3We do not guarantee continued free access to any specific feature, suburb, or data set, and may limit, change, or discontinue features at our discretion in accordance with clause 2.7.
11. Termination
11.1You may stop using the Service, or delete your Account, at any time by contacting us via the "Contact Us" section of these Terms or using the relevant function within the Service.
11.2We may suspend or terminate your Account or access to the Service, immediately and without notice, if you breach these Terms, engage in fraudulent or unlawful conduct, or if required to do so by law.
11.3On termination, your right to access the Service ceases. Clauses relating to intellectual property, privacy, disclaimers, limitation of liability, and governing law survive termination.
12. Dispute Resolution and Governing Law
12.1These Terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of Western Australia.
12.2If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the dispute in good faith through informal negotiation by contacting us via the "Contact Us" section of these Terms, before commencing formal legal proceedings, except where a party seeks urgent injunctive relief.
13. General
13.1We may update these Terms from time to time. Where changes are material, we will provide reasonable notice (for example, by email or a notice within the Service) before the changes take effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance.
13.2You must not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
13.3If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
13.4These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to the Service and supersede all prior agreements or understandings.
13.5Notices to you will be sent to the email address associated with your Account. Notices to us should be sent via the "Contact Us" section of these Terms.
Contact Us
If you have any questions about these Terms, please contact us via the "Contact Us" page on our website:
Data DIY Pty Ltd
ABN: 57 702 479 892
Website: [www.where2live.com.au]