Terms of Service
Arqelo Pty Ltd (ABN pending) (“Arqelo”, “we”, “us”, “our”)
Last updated: 27 January 2025
1. Agreement to Terms
By accessing or using the Arqelo platform, website, mobile application, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not access or use the Service.
We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on the Service and updating the “Last updated” date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
2. Description of Service
Arqelo is a property intelligence platform that provides data aggregation, analysis, scoring, and reporting tools for the Australian residential property market. The Service uses artificial intelligence, machine learning, and data analytics to generate property and suburb analysis.
The Service may include, but is not limited to: property analysis reports, suburb investment scores, portfolio tracking, buyer profile tools, market data visualisation, and property comparison features.
3. Important Disclaimer — Not Financial Advice
3.1 The information provided through the Service is general information only. It does not constitute financial product advice, investment advice, legal advice, tax advice, or any other form of professional advice within the meaning of the Corporations Act 2001 (Cth) or any other applicable legislation.
3.2 The information has been prepared without taking into account your individual objectives, financial situation, or needs. Before acting on any information provided through the Service, you should consider the appropriateness of the information in light of your own objectives, financial situation, and needs.
3.3 Arqelo is not a licensed financial adviser, mortgage broker, real estate agent, property valuer, building inspector, or legal practitioner. Arqelo does not hold an Australian Financial Services Licence (AFSL) and is not authorised to provide personal financial product advice.
3.4 Nothing in the Service constitutes a recommendation, solicitation, or offer to buy, sell, or hold any property, security, or financial product. Any “buy”, “sell”, “hold”, “invest”, or “avoid” indications, investment scores, traffic light verdicts, or similar assessments are algorithmic outputs based on available data and must not be construed as personal recommendations.
3.5 Before making any property investment decision, you should obtain:
- Independent financial advice from a licensed Australian Financial Services (AFS) holder
- Legal advice from a qualified Australian solicitor
- A professional property valuation from a registered valuer
- Building and pest inspection reports from licensed inspectors
- Tax advice from a registered tax agent or chartered accountant
4. AI-Generated Content Disclosure
4.1 The Service uses artificial intelligence (AI) and machine learning (ML) technology to generate analysis, insights, scores, recommendations, and reports. All AI-generated content is clearly provided as such and should be treated as algorithmically derived estimates.
4.2 AI-generated content may contain errors, omissions, or inaccuracies. While Arqelo strives for accuracy, we do not guarantee the correctness of any AI-generated output. All AI-generated content should be independently verified before reliance.
4.3 AI models are trained on historical data and may not accurately predict future market conditions, property values, or investment outcomes. Models may exhibit biases based on their training data.
5. Data Accuracy & Sources
5.1 While Arqelo endeavours to ensure the accuracy of information presented, we make no representations or warranties (express or implied) regarding the accuracy, completeness, reliability, or currency of any data or information provided through the Service.
5.2 Data is sourced from third-party providers including, but not limited to, government databases (state valuer general offices, the Australian Bureau of Statistics), property listing platforms (Domain, REA), local council records, and the Reserve Bank of Australia. Third-party data may contain errors, omissions, or outdated information.
5.3 Property valuations, price estimates, rental yield projections, and growth forecasts are estimates only and may differ materially from actual market values. These estimates are not a substitute for a professional valuation from a registered valuer.
5.4 Past performance is not a reliable indicator of future performance. Projected returns and growth forecasts may not be achieved, and actual results may vary significantly.
6. Investment Risk Warning
Property investment carries significant risks including but not limited to:
- Capital loss — property values may decrease
- Market volatility — property markets can experience rapid changes
- Interest rate fluctuations — changes in rates affect borrowing costs and yields
- Government policy changes — tax, zoning, and regulatory changes affect returns
- Tenant risk — vacancy periods, damage, and non-payment of rent
- Illiquidity — property cannot be quickly converted to cash
- Maintenance and unforeseen costs — structural, environmental, or compliance costs
- Economic conditions — recession, unemployment, and inflation impacts
You may lose some or all of your invested capital. You should only invest money that you can afford to lose and should ensure property investment forms an appropriate part of a diversified investment portfolio.
7. User Accounts
7.1 You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
7.2 You must be at least 18 years of age to use the Service.
7.3 You agree not to share your account credentials with any third party. You must notify us immediately of any unauthorised use of your account.
8. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Scrape, harvest, or programmatically access the Service without written authorisation
- Reproduce, redistribute, or commercially exploit any content from the Service without consent
- Attempt to circumvent any security features, rate limits, or access controls
- Use the Service to provide financial advice to others unless appropriately licensed
- Misrepresent Arqelo data or analysis as your own professional opinion or valuation
- Use the Service in any way that could damage, disable, or impair the Service
9. Intellectual Property
9.1 The Service, including its design, logos, trademarks, text, graphics, software, algorithms, and all other content, is the exclusive property of Arqelo Pty Ltd and is protected by Australian and international copyright, trademark, and other intellectual property laws.
9.2 Property analysis reports generated through the Service are licensed to you for personal use only. Redistribution, publication, or commercial use of reports requires prior written consent from Arqelo.
9.3 “Arqelo”, the Arqelo logo, and all associated marks are trademarks of Arqelo Pty Ltd. Unauthorised use is prohibited.
10. Limitation of Liability
10.1 To the maximum extent permitted by Australian law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), Arqelo and its directors, employees, contractors, and agents disclaim all liability for any loss, damage, cost, or expense (whether direct, indirect, consequential, incidental, or special) arising from or in connection with:
- Your use of or reliance on the Service or any information provided through the Service
- Any investment decision made based on information from the Service
- Inaccuracies, errors, or omissions in data or analysis
- Interruption or unavailability of the Service
- Any unauthorised access to or alteration of your data
10.2 Where liability cannot be excluded under the Australian Consumer Law, our total aggregate liability to you is limited to the amount you have paid for the Service in the 12 months preceding the event giving rise to the liability, or AUD $100, whichever is greater.
10.3 The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
12. Termination
12.1 We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms.
12.2 Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 3, 4, 5, 6, 9, 10, and 13.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for any disputes arising from or relating to these Terms or the Service.
14. Contact
If you have any questions about these Terms, please contact us at legal@arqelo.com.au
These Terms of Service have been prepared for Arqelo Pty Ltd. They are intended as a comprehensive starting point and should be reviewed by a qualified Australian solicitor before public launch to ensure full compliance with all applicable laws and regulations.