Updated 13 December 2013
Thank you for your interest in our SuperDataHub website (Site) and services available at the Site (Services). The Site and the Services are provided to you by Space-Time Research Pty Ltd ACN 006 559 191, PO Box 16044, Collins Street West, Victoria 8007, Australia (STR).
SDH Account creation and use of Site
You do not need to register to view www.superdatahub.com. However, you will need to create a SuperDataHub account (SDH Account) to use the Site and the Services. Creating an SDH Account gives you access to the free services available at the Site, plus ability to subscribe for further services under a fee-paying subscription model (referred to below).
When you first create an SDH Account you must indicate whether or not you agree to these Terms and Conditions (Terms) by clicking the "accept" or "do not accept" button at the appropriate time. You will only be able to use the Services if you click "accept" and in doing so, this will form a legally binding contract between you and STR under which you agree to comply with these Terms, when read in conjunction with any documentation made available by STR in connection with the SuperDataHub Software (including, any instructions downloadable from www.spacetimeresearch.com (STR Website)). All such documentation is incorporated into these Terms by reference, to the extent not inconsistent with these Terms. If you do not wish to enter into such a contract, you must cease to use the Site or Services.
To create an SDH Account you must be a natural person 18 years or older and each person may not create more than one SDH Account. All the information you provide when creating an SDH Account must be truthful and accurate. We may refuse a request to open an SDH Account at our discretion. You will not be charged for creating an SDH Account but if you select a fee-paying subscription you will be charged accordingly. On creating an SDH Account, you become an SDH Account Holder and agree to STR using your email address to notify you of changes to, and news about, the Site and Services and other STR products and services, and service related updates as frequently as they may occur.
You must keep your password and other account details safe, secure and secret, and not share them with anyone else, to prevent unauthorised use of your SDH Account. In the event of a breach of the security of your account and/or password, you must notify STR immediately. We are, however, not liable for any unauthorised use or sharing of your SDH Account. You may close your SDH Account at any time by contacting us at email@example.com. We will then close your SDH Account, and we will not have any liability to refund any amounts you may have paid to us.
You must only use the Site and the Services in a responsible manner, and follow any (written or electronic) user manual or other instructions for use provided or made available by STR or set out on STR website www.spacetimeresearch.com, from time to time. Without limiting the preceding sentence you must:
We reserve the right to monitor your use of the Site and the Services and compliance with these restrictions and to suspend or terminate, at our discretion and without any notice or liability to any person, any SDH Account that we consider may been improperly registered, or we suspect has been used in breach of these Terms or without authority of the STR or the SDH Account Holder or been involved in actual or potential misuse or abuse of the Site or the Services. If we do so, we may, but will not be obliged to, refund a pro rata amount of any subscription fees you may have paid to us and which you will no longer be able to use as a result of such termination. If we incur costs as a result of your misuse of the Services we may pass these costs on to you at our discretion, and may take legal action against you.
If we suspect that an SDH Account Holder is involved in any illegal or abusive activities, we may (in our sole discretion) pass on any content or information that relate to these activities to any relevant authorities.
Packages, subscriptions and payment
To suit the needs of each SDH Account Holder, we provide Packages as described on the Site from time to time, entitling each SDH Account Holder to a specified level of access. Each Package is personal to the individual SDH Account Holder, and, unless the specific terms of the Package allow for a specified number of multiple users, only the SDH Account Holder can use that Package and a Package must not be shared with any other person. Where a Package provides for multiple users, each user is required to register as an SDH Account Holder, and accept the Terms.
Upon registering an SDH Account, you will default to a Starter Package, with free access to certain aspects of the Site. You may, at any time, select a Paying Package and if you do so, you agree to pay the applicable subscription fee in accordance with these Terms and also authorise us to charge any recurring payment as set out below.
The price of each Paying Package is set out on the Site from time to time and all prices include GST unless otherwise specified. Each Paying Package is for a specified period of time (Subscription Period), and entitles the SDH Account Holder to the relevant level of use during the Subscription Period, unless we exercise any of the rights set out in these Terms to suspend or terminate the SDH Account, or amend the terms of the relevant Package.
We may amend the price or any other terms of any Paying Package by giving not less than 28 days notice to all then current subscribers to that Package. We will endeavour, but are not obliged, to give SDH Account Holders not less than 7 days notice of amendments to the Starter Package.
If you subscribe for a Paying Package, we will automatically charge the recurring payment for that Package every period (either monthly or longer periods as agreed with STR) in advance for so long as your subscription to that Package remains current. You cannot suspend your subscription but you may cancel it or change to a different Package at any time by contacting STR by e-mail at firstname.lastname@example.org. A cancellation or change will take effect from the end of the next full month after we receive your notice and you will not be liable for any further payments after that date. However, you will not be entitled to any refund for any remaining part of any Paying Package which you have cancelled or changed.
Payment is to be made by recurring periodic payments via EFT to STR’s nominated account, and your access to the Paying Package will only be enabled once your payment to our bank has cleared. Your access to the Paying Package will automatically cease at the end of your Subscription Period, unless your payment in full for an extension of the Subscription Period has cleared in STR’s nominated account prior to the expiry date of the current Subscription Period.
Specific information about the Site and individual subscriptions is set out below.
Excess charges apply where monthly limits are exceeded and details are available at SuperDataHub Excess Use Charges.
If your SDH Account is cancelled, you may no longer be able to access or use the Site or any Services, including any content generated or uploaded during your Subscription Period.
t All content stored for a SDH Account Holder, either Online Views, or Dynamic Reports or Data Uploads, or anything else, is known as Content.
tt Each Data Upload is limited to 1.6 million cells and up to 40 columns.
Provision of the Site and the Services, disclaimer and Limitation of Liability
We may withdraw or amend the Site or the Services without notice. If we withdraw the Site we will refund a pro rata amount of any subscription fees you may have paid to us and which you will no longer be able to use as a result of such withdrawal.
We may from time to time, modify, enhance or update the Site or Services, and we will use reasonable endeavours to ensure that there is sufficient notification of these changes on the Site. We may also perform scheduled or unscheduled maintenance to our servers and other equipment from time to time and will use reasonable endeavours to minimise any disruption to the Site or Services as a result of any such maintenance.
You should report any faults in the Site or the Services as soon as you become aware of them. We will also endeavour respond to such faults and to provide support generally to you by replying to reasonable requests received by e-mail from time to time. We make no commitment to respond to any particular request nor within any particular time, nor to provide any telephone or on-site support.
To the maximum extent permitted by applicable law, the Site and the Services are provided "as is" and "as available" and without representation or warranty of any kind and STR disclaims all representations and warranties with respect to the Site and the Services, whether express, implied or statutory, including any implied warranties of due care and skill, merchantability, satisfactory quality and fitness for a particular purpose. Each SDH Account Holder acknowledges that it has relied on its own skill and judgement in deciding to use the Site and the Services and acknowledges that no representation or warranty has been made or given by STR to any person or company on its behalf in relation to the profitability of the Site and the Services or any other consequences or benefits to be obtained from the use of the Site and the Services and any accompanying documentation. To the maximum extent permitted by applicable law, STR further disclaims any representation or warranty that:
To the maximum extent permitted by applicable law, STR is not responsible for any of the following:
To the extent not prohibited by applicable law, in no event will STR be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to any use of, or inability to use, the Site and the Services or any third party software in conjunction with use of the Site and the Services or otherwise, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if STR has been advised of the possibility of such damages. To the extent not prohibited by applicable law, in no event will STR's total liability to an STR Account Holder for all damages exceed $100. Where any legislation implies in these terms and conditions any term, condition or warranty, and also renders void any provision in a contract which purports to exclude or modify the application or exercise of, or liability under, such term, condition or warranty, such term, condition or warranty will be deemed to be included in these terms and conditions, however, STR’s liability for any breach of such term, condition or warranty will be limited, at STR’s option, to any one or more of the following:
Each SDH Account Holder agrees to indemnify and keep indemnified STR and its officers, employees, agents and subcontractors against any and all claims, damages, costs, loss, liability or expense arising from or incurred in connection with any of the following:
Specifically, you should note the following in relation to Cookies, web beacons and internet protocol addresses
Our Site uses a software technology called "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. "Web beacons" are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We use web beacons on our Site for this purpose. You may disable cookies by adjusting the preferences on your browser, but if you do so you will not be able to use the Site and Services.
An Internet protocol ("IP") address is the unique number assigned to your server or Internet Service Provider ("ISP"). STR tracks such IP addresses to administer the Site, to understand and analyze trends, to learn about user behavior on the site, and to gather and report demographic information about visitors to the Site, site tracking, or to prevent our servers from being abused.
Using the Site or the Services does not give you ownership of any intellectual property rights, which may subsist in the Site or the Services or the content you access or generate from such use. We grant you a non-exclusive licence, revocable at our discretion, to use in good faith content available at, or generated from your use of, the Site or the Services. Examples of permitted use include Online Views, Export and Report Downloads. All such use must acknowledge STR or SuperDataHub in such manner as we reasonably request. You must also not remove, deface or amend any logo or other watermark or identifier of STR or SuperDataHub, which we add to any such content. Without limiting the preceding provisions of this paragraph, these Terms do not grant you the right to use any of the visual design elements or branding or logos used in respect of the Site or the Services.
Without limiting the previous paragraph, any data extracted from the Site in the course of normal operation of an SDH Account may be subject to Creative Commons Attribution 2.5 Australia license (http://creativecommons.org/licenses/by/2.5/au/) and any other licence terms set out on the Site from time to time.
It may be appropriate or necessary to use third party software or other copyrighted material as part of the Services (including third party software and other copyrighted material set out at Site or the STR website www.spacetimeresearch.com) and each SDH Account Holder acknowledges that any such third party software is licensed to the SDH Account Holder on and subject to the third party licence terms and conditions applicable to such software. Each SDH Account Holder agrees not to use such third party software and other copyrighted material contrary to any provisions set out at the Site or the STR website www.spacetimeresearch.com.
Each STR Account Holder must not modify or alter the Site or Services or reverse engineer, decompile or disassemble any software forming part of the Site or Services or otherwise reduce the same to a human readable form (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be expressly permitted by the Terms).
If you subscribe to a Paying Package, you allow us to use your name and company logo in connection with the marketing and promotion of the STR, SuperDataHub, the Site and the Services.
Any Content on SDH Servers and the Services used by an SDH Account Holder are subject to the following terms.
National Statistics Data
The following provisions apply to certain National Statistics Data.