Terms & Conditions

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SuperDataHub terms and conditions (incl. subscription terms)

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).

  1. 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 info@spacetimeresearch.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:

    • not use the Site or the Services in a way that in our opinion is inappropriate, abusive, illegal or otherwise, including in any way which:
      • may impair performance, corrupt content or otherwise reduce overall functionality of the Site or the Services; or
      • interferes with our services to any other person or infringes or is likely to infringe the intellectual property rights of any other person; or
      • is obscene, indecent, defamatory or threatening or sells, markets or promotes illegal products or service.
    • not attempt to compromise the security of the Site or attempt to gain access to secured areas; and
    • take all reasonable care to avoid introducing material which is or may be malicious or technologically harmful.

    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.

  2. 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 info@spacetimeresearch.com. 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.

    • Dashboard Widgets: The Site allows an SDH Account Holder to access third party data made available on this Site for analysis using one or more individual table/chart configurations (each a Dashboard Widget). Each Dashboard Widget can be used for different data queries to create different views, and once the views have been generated and published, the Dashboard Widget can be used for other queries. The selected Dashboard Widgets can also be changed. However each Package allows access to only a specified number of Dashboard Widgets at any one time. Dashboard Widgets created are only available for the session, and will close at the end of each session.
    • Online Views and Online Viewing: An SDH Account Holder can generate output from each Dashboard Widget for online publishing at other sites (Online View) and store each such Online View on servers managed by or on behalf of STR (SDH Servers)t. Online Views are publicly available, although generally can only be located if the url is known. Each time an Online View is viewed on any webpage by any person, it is counted as an Online Viewing. Each Package allows a maximum number of Online Viewings of the Online Views per month.
    • Exports: An SDH Account Holder can also export/download the output of each Dashboard Widget in the various formats specified on the Site (Export). Each Paying Package allows the SDH Account Holder a specified number of Exports per month.
    • Dynamic Reports: Additionally, an SDH Account Holder can create reports for online publishing containing output of up to the maximum number of Dashboard Widgets (Dynamic Reports). This generated content is stored on the SDH Serverst. Each Paying Package allows the SDH Account Holder to create a specified number of Dynamic Reports per month.
    • Data Uploads: Certain Paying Packages also allow the SDH Account Holder to upload its own data (User Content) for hosting on SDH Serverst (Data Uploads) and to generate Online Views, Exports and Dynamic Reports from such Data Uploads in the same manner as for public data already accessible on the Site. Each such Package allows a specified number of Data Uploads at any one time. If you subscribe for such a Paying Package, we will also host such User Content on SDH Servers in accordance with these terms, including the Hosting Terms 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.

  3. 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:

    • the use of the Site and the Services will not infringe any third party rights, or be uninterrupted or error-free and that any service will continue to be made available;
    • defects in the Site and the Services will be corrected;
    • the Site and Services will be free of hackers, other unauthorised access, denial of service attacks, viruses or other malicious or technologically harmful material or code; or
    • the Site and the Services will be compatible or work with any third party software or services. Each SDH Account Holder acknowledges that use of the Site and the Services may affect the usability and interoperability of third party software or services.

    To the maximum extent permitted by applicable law, STR is not responsible for any of the following:

    • any failures or interruptions in the provision or operation of communications networks or Internet used to access or use the Site or Services;
    • any failures or interruptions in the provision or operation of Site or Services including any failures caused by STR’s service providers;
    • any data loss, wrong deliveries or non-deliveries suffered in connection with the Site or Services, including any loss or damage to any content stored on the SDH Servers;
    • any use of the Services by a third party to whom the SDH Account Holder has given access to the Services; and
    • any use of the unique username and password allocated by STR to the SDH Account Holder by a person other than the SDH Account Holder.

    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:

    1. if the breach relates to goods:
      1. the replacement of the goods or supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; and
    2. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

    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:

    • any breach by an SDH Account Holder of the Terms;
    • any use of User Content by an SDH Account Holder or any other person;
    • any claim that any User Content infringes the intellectual property rights or other rights of any person; and
    • any use of the Site or Services in connection with that SDH Account in breach of any Law.
  4. Privacy

    Our privacy policy at SuperDataHub Privacy Policy explains how we treat your personal data and protect your privacy when using the Site or the Services.

    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.

  5. Intellectual property

    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).

  6. Public attribution

    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.

  7. Hosting Terms

    Any Content on SDH Servers and the Services used by an SDH Account Holder are subject to the following terms.

    1. Use Limitations:
      1. an SDH Account Holder’s bandwidth, memory or disk space or CPU usage exceeds any memory, disk space, and CPU time/usage limitations set out from time to time on the Site, or
      2. those limitations are not specified, but STR considers in its sole discretion that the SDH Account Holder’s bandwidth, memory or disk space or CPU usage is excessive, STR may at its option do any one or more of the following:
      3. suspend or terminate the SDH Account;
      4. require the SDH Account Holder to reduce its relevant resource usage to the specified or (where not specified) an level reasonably acceptable to STR; and
      5. charge the SDH Account Holder additional fees.
    2. SDH Account Holder responsibilities. Each SDH Account Holder is responsible for:
      1. all access and use of the Services by anyone in connection with that SDH Account, whether accessed via the unique username and password supplied by STR or not and whether authorised by the SDH Account Holder or not, as if such access or use is by that SDH Account Holder;
      2. all use of any Content in connection with that SDH Account, and the use by any person of any User Content in connection with that SDH Account;
      3. obtaining and maintaining in force any consents, licences or authorisations required for that SDH Account Holder’s use of the Services;
      4. obtaining browser and internet access, and any hardware and equipment required to access and use the Services in connection with that SDH Account; and
      5. maintaining adequate insurance cover in respect of any loss or damage to User Content in connection with that SDH Account.
    3. Content and Back-up Copy. Each SDH Account Holder acknowledges and agrees that it is responsible for the back up of User Content in connection with that SDH Account. Each SDH Account Holder authorises and licenses STR to copy, reproduce, User Content for the purposes of providing the Services. STR acknowledges that it acquires no rights in any User Content, other than a non-exclusive licence to store same on SDH Servers to the extent necessary to give effect to these Terms.
    4. Termination. On termination of an SDH Account, STR may immediately delete all User Content from SDH Servers in connection with that SDH Account without notice to the SDH Account Holder. Content deleted cannot be recovered.
  8. National Statistics Data

    The following provisions apply to certain National Statistics Data.

    • The Site and the Services contains derivative material based upon Australian Bureau of Statistics (ABS) data, licensed under a Creative Commons Attribution 2.5 Australia license (http://creativecommons.org/licenses/by/2.5/au/).
    • Any content generated from ABS data must attribute the work to ABS in the manner specified by the ABS on its website (http://www.abs.gov.au).
    • STR accepts no responsibility for the accuracy of such information nor for any use of, or reliance placed on, it through use of the Site or the Services.
    • The Site has security measures in place to protect the loss, misuse, and alteration of information available at the Site. However, STR accepts no responsibility for alteration, manipulation or interpretation of such information.
    • ABS information is continually changing, and subject to change without notice. STR accepts no liability for keeping information up-to-date and the information available at the Site may not be the most recent.
  9. General

    • We may amend these Terms without notice, by posting amended versions to the Site. You should regularly review the Terms posted to the Site.
    • These Terms are governed by the law of Victoria Australia and the courts of that State have exclusive jurisdiction in all matters arising under these Terms.
    • Any provision of these Terms which is unenforceable or partly unenforceable in any jurisdiction is, where possible, to be severed to the extent necessary to make these Terms enforceable. Any such severability does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
    • Failure by STR to perform any obligation under these Terms, which arises from a cause(s) beyond its reasonable control, including labour disturbance, virus, Trojan horse, cancel bot, or other harmful code or component, communication outage, Internet outage, interruption of service, denial of service attack, breach of contract by a third party provider of goods or services (including software) to STR, fire, threatened or actual act of terrorism, war, natural disaster or act of nature (Force Majeure), shall not be deemed a breach of these Terms. In such event, these Terms shall continue in full force and effect, provided that if the Force Majeure continues for longer than two (2) months duration, STR may terminate this Agreement on written notice.
    • These Terms constitute the entire understanding between STR and you and supersede all proposals, representations and communications, oral or written, passed between the parties with respect to the Site or the Services.
    • These Terms are personal to you and you must not assign or sub-license any right granted under these Terms, without STR’s prior written consent. STR may, as it sees fit and without giving notice or seeking consent,assign any of its rights and obligations under these Terms to a related body corporate of STR or to a third party acquiring or all or a substantial part of STR’s assets.
    • In these Terms, the words includes and including are not words of limitation, and a reference to:
      1. a person (other than to a natural person) includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority;
      2. a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation;
      3. this or any other document includes the document as novated, varied or replaced and despite any change in the identity of the parties; and
      4. writing includes any mode of representing or reproducing words in tangible and permanently visible form, and includes fax transmissions.