Terms of Service (“Terms”)
Last Updated: October, 2019
Please read these Terms of Service (“Terms”) carefully before using the site www.realworldadvertising.com (the “Service") operated by Realworld Advertising Pty Ltd, Australian Company Number 151846187 (“Realworld”). “You”, “Buyer”, “Seller”, or “User” means the individual or entity using the Services and the “Parties” means You and Realworld. By accessing or using the Service You agree to be bound by these Terms.
Scope of the Service
The Service is an online marketplace to buy and sell advertising space. As the provider of the Service, Realworld does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any advertising space. A Seller alone is responsible for its advertising space. When a Buyer makes places a bid on the marketplace and a Seller accepts it, they are entering into a contract directly with each other. Realworld is not and does not become a party to, or a participant in, any contractual relationship between Buyers and Sellers, including any Fees agreed or payable as part of their agreement, nor is Realworld an advertising broker or insurer. Realworld is not acting as an agent in any capacity for either the Buyer or the Seller.
Fees and Payments
Realworld is free for Buyers and Sellers to join and use.
Realworld charges a nominal referral Fee to Sellers ("Service Fees") when a Seller accepts a bid. Any applicable Service Fees (including any applicable taxes) will be displayed to a Seller prior to them accepting a bid. By accepting a bid, the Seller is accepting the Fee amount. You are responsible for paying any Service Fees that You owe to Realworld.
Other than as set out in these Terms, neither party will get any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. Realworld grants You a non-exclusive, non-sublicensable licence for use of the Service. This licence is for the sole purpose of enabling You to use the Service as provided by Realworld. You may not reverse engineer or attempt to extract, or use the source code of the software. Both Parties grant one another a non-exclusive, non-sublicensable licence for use of your company logo for use in marketing materials.
Realworld may terminate or suspend access to the Service immediately without prior notice or liability, for any reason whatsoever. You can terminate use of the Service at any time by deactivating your account.
You agree to indemnify Realworld, its affiliates, agents, and Users from and against any and all third-party claims and liabilities arising out of or related to any Bookings, Your use of the Service, or Your breach of the Terms.
You warrant that (i) You have full power and authority to agree to these Terms; (ii) You are authorised to act on behalf of the company You work for, if any; (iii) Realworld has never before terminated a Realworld account created by You; (iv) using the Service will not violate any agreement You have with a third party or any third-party rights. Realworld provides the Service “as is”. Other than as set out in the Terms, Realworld does not make any promises about the Service, the specific function of the Service, or its profitability, reliability, availability, or ability to meet Your needs. To the extent permitted by law, Realworld excludes all warranties, express, statutory or implied. Realworld disclaims the warranties or conditions of non-infringement, merchantability, and fitness for a particular purpose.
Limitation of Liability
To the extent permitted by law, (i) in no event will either party be liable under the Terms for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other area of law, even if such party has been advised of the possibility of such damages, and; (ii) each party’s total liability under the Terms is limited to the net amount received and retained by that particular party in connection with these Terms during the one-month period immediately preceding the date of the claim. Each party acknowledges that the other party has agreed to these Terms relying on these limitations of liability and that those limitations are an essential basis of the bargain between the Parties.
Entire Agreement. These Terms are our entire agreement relating to Your use of the Service and supersedes any prior or contemporaneous agreements on that subject.
Assignment. You may not assign or transfer any of Your rights under the agreement.
Independent Contractors. The Parties are independent contractors and agreeing to these Terms does not create an agency, partnership, or joint venture.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, other than stated.
No Waiver. The failure of either party to enforce any provision of these Terms will not constitute a waiver, other than stated.
Severability. If it turns out that a particular component of these Terms is not enforceable, the balance of the Terms will remain in full force and effect.
Survival. Sections relating to Intellectual Property, Confidentiality, Termination, Indemnity, Limitation of Liability and Miscellaneous of these Terms will survive termination.
Governing Law. All claims arising out of or relating to these Terms or the Service will be governed by Australian law. You and Realworld agree that any dispute, claim or controversy arising out of or relating to these Terms will be settled by binding arbitration, except that each party retains the right to seek injunctive or other fair relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that You and Realworld are each waiving the right to a court hearing or to take part as a plaintiff or class member in any purported class action or representative proceeding. Arbitration will occur under the Commercial Arbitration Act 2010 (NSW) or for international arbitration, under the ACICA Arbitration Rules. The seat of arbitration must be Sydney, Australia. The language of the arbitration must be English. If Your claim does not exceed $10,000, then the arbitration must be conducted on the basis of documents You and Realworld submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond the party’s reasonable control.
Communications. In connection with Your use of the Service, Realworld may contact You about Service announcements, administrative messages, User messages, and other information. You may opt out of some of those communications in Your Account settings.
Last updated: August 2018
Realworld cares about your privacy. For this reason, we collect and use personal data only as needed for us to deliver our Services.
What information do we collect?
We collect most of what you may consider personal data when you create an account or edit your account details.
We collect other information when delivering our Services, for example:
1. Account related information such as account number, followers, bids, bookings, personal messages, email, phone, language, currency, company name and billing address.
2. Cookies which are used to enable you to maintain a localised logged-in experience.
3. Data about Usage of Services when you use and interact with our Services. This includes the action taken, date and time of action, location information including IP and account ID. The location data is an approximation of your location based on your IP. This usage data helps us improve the service and identify any fraud or security risks.
4. Supplemented Data about you from other sources, including publicly available databases so that we can:
•update, expand and analyse the accuracy of our records
•identify new customers
•provide products and services that may be of interest to you.
You may give us personal information about others. Likewise others may give us your personal information. We will only use that information its intended purpose.
How we use information
We use the data we collect to deliver our Service and as required for legal compliance. These uses include:
1. Delivering, improving, updating and enhancing the Services we provide to you. We use this information to:
•Improve the operation of our Services
•Identify any security risks or improvements to the Services
•Detect and prevent fraud and abuse of our Services and systems
•Collect statistics about use of the Services
•Understand how you use our Services
2. Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate family, with third parties (such as other buyers or sellers using our site) or with with trusted third party service providers as necessary. This may include:
•Sending follow requests to other users
•Sending messages to other users
•Sending bids to other users
•Sending offers to other users
•Sending bookings to other users
3. Communicating with you. We may contact you about service related information. We may also contact you with offers where allowed based upon legitimate interests. Communication methods may include:
•Text (SMS) messages
•Automated phone calls or text messages.
You can update your preferences for receiving communications from us or our partners. Sign in to your account and visit your “Account Settings” page.
If you make use of a service that allows you to import contacts, we will only use the contacts and any other personal information for the requested service.
5. Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.
6. Website analytics. We use web analytics tools such as Google Analytics to collect information about how you interact with our website, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page. We use the information provided by these tools to improve our Services.
How you can access, update or delete your data
To access, view, update or delete your personal data (where available), or to update your subscription preferences, please sign into your Account and visit “Account Settings.”
If you make a request to delete your personal data, your request will be honoured only to the extent it is no longer necessary for our legitimate business purposes or legal or contractual record keeping requirements.
How we secure, store and retain your data
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including use of encryption where appropriate.
We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:mandated by law, contract or similar obligations applicable to our business operations; for preserving, resolving, defending or enforcing our legal/contractual rights; or needed to maintain adequate and accurate business and financial records.