By using our Services from time to time, it is presumed that you have read through these Terms and Conditions and failure to do so shall be a complete bar on any and all claims in law or equity that you bring against CAASie for any reason whatsoever – please read them carefully. Your acceptance of these Terms and Conditions (this “Agreement”) is an electronically binding agreement upon you and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement. If you do not accept these Terms and Conditions, please do not register for or participate in using the Services offered by and through CAASie.
As used in this Agreement, “you” or “User” means both (a) the individual now registering as a user of the Services or an existing user of the Services now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.
If you do not have the authority to enter into payment agreements on behalf of yourself or your company, do not accept these Terms and Conditions. By agreeing to these terms and conditions you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.
Last edited 10-11-2019
Some of these policies are subject to change without notice.
USER TERMS AND CONDITIONS
Privacy and Your Personal Information
CAASie is an automated on-line trading platform that allows advertising space to be purchased on digital out-of-home screens “Screens”. In this context, ‘out-of-home’ refers to outdoor screens “Screens” or “Boards” such as billboards, digital bus shelter screens, shopping centre displays, and other digital screens that can be used for the purpose of advertising.
CAASie allows advertisers, media buyers or agencies on behalf of their clients or individual users (“Buyers”) to plan and search for media inventory, build campaigns, upload artwork, make payments, execute media purchases and monitor their campaign.
CAASie allows media, billboard, board owners, other media owners or third parties that have rights (“Sellers”) to list, market and sell their media and inventory on-line. CAASie may offer additional Services to Buyers directly or via third parties that may be subject to additional costs and terms and those additional terms become part of your agreement with us if you use those Services.
The purpose of CAASie is to allow Sellers to receive bids for their inventory from Buyers. CAASie uses a real-time-bidding process whereby an advertiser may set their desired bid for a given asset (i.e. billboard, or other digital screen), and this bid, provided it is the highest of all the Buyers on the CAASie system, is then forwarded to the Seller to complete the purchase. This process happens in real time, and is known as ‘Real-Time-Bidding’ or RTB.
Buyers will be responsible for providing certain information required to buy and display advertising using CAASie including but not limited to name, address, cell phone, and bank or credit card information. Sellers will be responsible for providing certain information required to list and enable each asset or billboard for CAASie Services.
Sellers may or may not subscribe to multiple similar platforms to CAASie. This means that while a Buyer may be the highest bidder on the CAASie system, they may not necessarily win the bid if they are outbid by a 3rd party external to CAASie. In this scenario, the Buyer will simply lose the bid.
CAASie may provide certain creative services to advertisers and Buyers and help them prepare content for display on Sellers billboards or assets. Buyers shall prepare materials in accordance with technical specifications outlined in CAASie.
CAASie is a platform or third-party partner for Buyers and Sellers that enables automated sales of advertising inventory and provides other services facilitating transactions between both parties. We provide a payment and collection mechanism for the sale of such Services. We make every effort to qualify Users but we make no representation, and give you no assurance that:
The persons using CAASie
(a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts.
A Seller enabling Services or display boards on CAASie will be able to or will complete the sale of the service or display board or deliver the display board or service to the buyer, or that a Buyer is able to or will complete the purchase of a service or display board from a Seller.
A Seller has truthfully and accurately described a Display board placed on the Site.
A service or display board listed for sale on CAASie exists, or is
(a) of any particular quality,
(b) non-infringing with regard to the intellectual property rights of any person or entity, or (c) that a service or display board may be legally sold by the Seller.
The sale of a service or display board complies with any or all applicable legal requirements for the sale of that service or display board, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales, or the sale of any Services or display board(s).
Both Sellers and Buyers represent and warrant that all information given to us (including your name, address and other information associated with your and all information communicated to other users of CAASie or the site, whether in a listing or a posting, is true, accurate, up-to-date and not misleading.
Falsely registering as a Buyer and/or gaining access to, using or sharing information not for these purposes is forbidden and will result in suspension or termination from the CAASie system by CAASie. If approved for access to the planning and buying service, you agree that upon requesting and receiving media proposals that any further communication, negotiation or agreement regarding those proposals obtained through the service will be continued through the CAASie system. In the event that agreement to purchase or order the listings in the proposals is reached, you agree to place the order through the CAASie system.
We have the right, but not the obligation, to monitor, edit, refuse to post or remove any listing or posting from CAASie, in our discretion. Notwithstanding this right, we are not responsible for the content of listings or postings posted by Buyers, Sellers, and Users. Monitoring of postings and listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.
CAASie does not guarantee the price, terms, product, availability or services offered or provided by any third party until it is agreed to electronically. User agrees to trust and bind by the information provided as proof-of-play by CAASie and it’s partners and suppliers. CAASie is not legally responsible for, and does not warrant, represent or guarantee any goods, services, information, or otherwise provided by third parties. If you should have a dispute with a third party, CAASie is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
Using Our Services
You must follow any policies made available to you within the Services.
If CAASie suspects you of misusing our Services or terms or policies, taking any actions that we perceive could adversely affect CAASie’s business or violating any laws or regulations, we may suspend or stop providing our Services to you and your company.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use, remove or alter any branding or logos used in our Services.
Our Services display some content that is not CAASie’s. This content is the sole responsibility of the entity that makes it available. We review content to determine whether it is acceptable, readable, appropriate, or violates our policies, and we may remove or refuse to display content that we reasonably believe is inappropriate or violates our policies or the law. In addition, we will review content restrictions provided by board or media owners. In most cases, where we deny content CAASie alerts the Buyer via email and/or notifications via the App.
CAASie may send you service announcements, administrative messages, and other information to improve user experience and users may opt out of some of those communications.
CAASie name and logo and all related product and service names, design marks and slogans used on CAASie are the trademarks or service marks of CAASie. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.
You may not use meta tags or other hidden text utilizing CAASie’s name or trademarks without the express prior written consent of CAASie.
While using the CAASie services, you will not:
- Post content or display boards in inappropriate categories or areas on our sites and services;
- Infringe any laws, third party rights or our policies
- Use the CAASie services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the CAASie services;
- Manipulate the price of any display board or interfere with other users’ listings;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to CAASie;
- Post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to CAASie);
- Transfer your CAASie account (including Feedback) and user ID to another party without our consent;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
- Distribute viruses or any other technologies that may harm CAASie or the interests or property of CAASie users;
- Copy, modify or distribute rights or content from the CAASie services or CAASie’s copyrights and trademarks; or
- Harvest or otherwise collect information about users, including email addresses, without their consent.
Your CAASie Account
You may need a CAASie Account in order to use our Services. You may create your own CAASie Account, or your CAASie Account may be assigned to you by an administrator, such as your employer. If you are using a CAASie Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
By registering for an account or using the Services, you represent that you are 18 years of age, and of the age of legal majority in your country of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Services.
We reserve the right to reject your user registration by disabling your CAASie Account. Even after acceptance, we may terminate or suspend your account and ability to use the Services in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users’ legal liability, harm or loss, we reserve the right to notify other users of your actions.
To protect your CAASie Account, keep your password confidential. You are responsible for the activity that happens on or through your CAASie Account. Try not to reuse your CAASie Account password on third-party applications. If you learn of any unauthorised use of your password or CAASie Account please contact us via email [email protected]
Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately:
(1) discontinue use of the Services;
(2) terminate your account; and
(3) notify us of termination.
You may terminate this Agreement and your account with us only if you do not have active or pending transactions on CAASie. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year or as determined by CAASie. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your user information or transaction history.
Privacy and Copyright Protection
CAASie’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that CAASie can use such data in accordance with our privacy policies.
CAASie complies with the provisions of the Copyright Act 1968 (Cth). If you reasonably and in good faith believe that your work has been copied, imitated or improperly used in violation of the commonwealth copyright laws and has been posted on CAASie, please provide CAASie with all of the following information in writing:
- Electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest;
- Description of the copyrighted work that you claim has been infringed upon;
- Description of where the material that you claim is infringing your copyrighted material is located;
- Your address, telephone, mobile phone and email address so that we can contact you if necessary;
- A statement by you that you have a reasonable, good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice to CAASie is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before sending a notice to CAASie, you should confirm that you are the rightful copyright owner or have the lawful rights to the copyright which the Copyright Act requires. Failure to include all of the information requested herein may result in a delay or failure to review your claim.
Your Content in Our Services
Certain CAASie Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give CAASie (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, post, publish, publicly perform, publicly display and distribute such content.
The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a billboard listing you have added to our listing directory). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You hereby agree to uphold our Advertising Policy
You may not post or display any content that would cause us or you to violate any applicable law, statute, ordinance or regulation. Your content or posting may not be defamatory, libellous, threatening or harassing; and it may not contain obscenity or any pornography.
CAASie assumes no responsibility for typographical errors in on enrolment or listing information or any advertising display ads that are displayed on operator or board owner billboard or screens.
If you have a CAASie Account, we may display your or your company profile name, photo, and actions you take on CAASie or on third-party applications connected to your CAASie Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your CAASie Account.
All reviews, comments, feedback, postcards, suggestions, feature requests, ideas and other submissions disclosed, submitted or offered (collectively, the “Comments”) to CAASie or otherwise disclosed, submitted or offered in connection with your use of the Services shall be and remain CAASie property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.
About Software in Our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
All software used by CAASie is the property of CAASie or its licensors and suppliers and protected by Australian and international copyright laws. The content and software on CAASie may be used only as a resource for the marketing, sale and purchase of media and billboard advertising space and other related display boards and services. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the CAASie is strictly prohibited, except as provided for under other agreements
CAASie gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by CAASie as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CAASie, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our Services may be offered under a third party or open source license that we will make available to you. There may be provisions in the third party or open source license that expressly override some of these terms.
Transactions on CAASie
Users agree to pay applicable “Fees” for using CAASie and Services as outlined on the site – all fees paid to CAASie are non-refundable where a transaction is completed or committed to the Seller. Once a Buyer’s advertisement has won the RTB auction and has been delivered to the Seller, no cancellations are permitted and both parties will be responsible for honouring the agreed contract.
Fees are only payable by Users for the content that is committed to be played on the appropriate screens/boards. Users agree to accept the notice of win for an auction from CAASie’s supply partners including but not limited to the Seller’s systems and from the CAASie system as proof that a transaction is completed; where a User’s advertisement is served in exchange for the agreed applicable Fee to CAASie.
You hereby agree that:
All fees for Services purchased through the CAASie shall be paid in advance (“Prepayment”) by credit card or as otherwise agreed, and placed into holding described as a “Wallet”. By placing Prepayment (funds) into a Wallet on CAASie, Users authorise CAASie to deduct funds from this Wallet for any fees Users accrue as a result of using CAASie or Services from the described Wallet. Our billings may appear under the name “CAASie” or other CAASie account name e.g. Heurist Pty Ltd.
CAASie is deemed to have earned its Fee immediately upon the confirmation of “win” as received to CAASie by relevant supply partners, including but not limited to the Seller. Buyer’s agreement to purchase the Services as indicated by buyer clicking the “Start Campaign” or a similarly labelled button or action on the website. Payment for Services delivered by CAASie will be immediately charged against and collected from the Prepayment described as held within a Wallet.
Users may “Pause” their campaigns. Whilst CAASie makes every effort to ensure that the Pause is honoured immediately, the User agrees that advertisements may be committed to the Seller for up to 2 business hours after the Pause has occurred, due to delay resulting from and including but not limited to internet speed and server communications. Users remain obligated to pay all fees resulting from advertisements served.
Cancellation and refund
Cancellations must be made in writing to CAASie for all fees, services and for real-time bidding or buying (RTB) before any transaction is completed or committed. Once a transaction is completed committed no cancellations are accepted. Once a Buyer and Seller accept a package no cancellations are permitted and both parties will be responsible for honouring the agreed contract including payment or any “make goods”. The User agrees that transactions may be committed to Sellers for up to 8 hours after cancellation or ceasing use of the CAASie platform, and remain obligated to pay all fees resulting from advertisements served via CAASie.
To request a refund of the Prepayment held within the Wallet, a User must make a request in writing to Heurist Pty Ltd via email to email@example.com or by post to 4 Pearl Street, Slacks Creek, QLD 4127. Any refund will be allocated to the same credit card associated to the initial payment/installment, or made via Cheque to the associated organisation as detailed during User sign up. An Admin fee of $25 will be applicable to any refunds, in addition to any and all associated bank and/or transaction fees. Notwithstanding the same, Users will continue to be liable for the purchase of any charges or fees assessed against your account.
Refunds requested via email to firstname.lastname@example.org may take up to 14 standard business days to process. Requests for a refund made via post may incur additional delays resulting from postage, for which CAASie and its associated organisations are not held responsible.
In the event that Company or credit card details provided to the CAASie system are invalid, the failure to provide an updated/substitute refund payment method will result in the transaction being delayed until the information is provided to CAASie via post to Heurist Pty Ltd at 4 Pearl Street, Slacks Creek, QLD 4127. Whereby, a Cheque will be issued incurring the same fees stated above and with a lead time of up to 14 standard business days excluding postage.
Fees and Costs
¹ Supply Cost: The supply cost is the cost of the advertisement as set by the Supplier.
² CAASie/Services Fee: The CAASie/Services Fee is calculated as either 15% of the Supply Cost or the “Second-Highest Bid” on CAASie, whichever is higher.
³ Australian Goods and Services Tax (GST) applies to all CAASie transactions. Under the relevant legislation, CAASie is responsible for collecting GST and paying it to the Australian Government.
4 Value-Added-Tax (VAT) may be applicable for purchases of advertising space in regions outside Australia, or if a purchase were to be made from outside Australia.
Modifying and Terminating Our Services
CAASie is constantly changing and improving. CAASie expressly reserves the right to add, modify, or discontinue functionalities or features, and we may suspend or stop a Service altogether with or without notice.
You can stop using our Services at any time, although we’ll be sorry to see you go. CAASie may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
CAASie shall not be liable to you or any third party should CAASie exercise it express to modify or discontinue the Services or any portion thereof.
Our Warranties and Disclaimers
CAASie provides Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CAASie NOR ITS PARTNERS OR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
WE DO NOT WARRANT THAT CAASie OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY DISPLAY BOARDS POSTED ON CAASie OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF CAASie.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for Our Services
WHEN PERMITTED BY LAW, CAASie, ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “CAASie PARTIES”) AND CAASie’S PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CAASie PARTIES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES CAASie SHALL NOT EXCEED THE AMOUNT GREATER THAN
(A) THE AMOUNT YOU HAVE PAID TO US IN THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM.
IN ALL CASES, CAASie PARTIES, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You shall indemnify, defend and hold the CAASie PARTIES harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a CAASie PARTY in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in:
(a) any breach or violation of this Agreement,
(b) any use of the Service or site,
(c) a dispute with another User,
(d) any violation of any applicable law or regulation governing Your activities on or off of the CAASie platform or the site, or
(e) the infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Business Uses of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CAASie PARTIES from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About These Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. Whislt CAASie will make efforts to ensure that changes are communicated to you, you should look at the terms regularly. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between CAASie and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws in Australia, will apply to any disputes arising out of or relating to these terms or the Services.
All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Brisbane, Queensland, Australia, and you and CAASie consent to personal jurisdiction in those courts; and you expressly waive any objection that you may have now or in the future to the laying of the venue, or the jurisdiction of any such court over you or your use of CAASie and its Services. Notwithstanding the foregoing, CAASie, reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this Agreement or your use of the website or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, CAASie, shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
System Abuse and Feedback
- Refusal of Service and Indemnification.
We reserve the right to refuse service to anyone. We will exercise this right with buyers who fail to complete any transaction, and with sellers who list Services and Screens/Boards and fail to sell or deliver such services it to the buyer. If you are found to have engaged in any abusive or fraudulent activity in connection with the site or CAASie, we may terminate your account. You are liable for and must indemnify, defend and hold us harmless from all claims, losses, damages, liabilities, judgments and fees, and pay any costs incurred by us for your misuse of the CAASie or for your violation of any the Agreement including but not limited to the amounts of third party claims against us, our actual attorneys’ fees and collection costs, and our fees incurred for any Display Screens/Boards you win but fail to pay for or any Services or display boards on which you place false bids, as well as the cost of our time spent in resolving deliberate rules violations.
- Buyer’s Protection/Dispute Resolution. We may provide a feedback system for Buyers and Sellers. All complaints about a Buyer or a Seller in connection with a sale must be addressed through either the feedback system or through CAASie support. CAASie will review such disputes but will not arbitrate disputes or arguments between Users.
- Feedback. We may enable User feedback. If you submit feedback, make sure that your comments are truthful to the best of your knowledge and accurately reflect what happened in the transaction(s); be careful not to submit feedback hastily and in anger. If Users accumulate excessive negative feedback or display a pattern of unacceptable behaviour, their account may be suspended or permanently terminated. CAASie is not responsible for the information provided by a User in the feedback system. It is not our responsibility to determine the “truthfulness” of the feedback, and we do not arbitrate disputes.
- User-Generated Content. We are not responsible for user-generated content such as postings, listings, feedback, pictures, etc. You are solely responsible for any information that you post to CAASie. If you post information that is libellous, slanderous, violates any law or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.
- Site or Platform Abuse. You are prohibited from violating or attempting to violate the security of CAASie or the site or affiliated sites, or otherwise abusing the site, including, without limitation,
- (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to CAASie or the site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”;
(d) sending unsolicited email, including promotions and/or advertising of products or services via CAASie or the site, or obtain other user information from the site in order to do so;
(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
(f) using any device, software or routine to interfere or attempt to interfere with the proper working of CAASie or the site or any activity being conducted on CAASie or bypass any measures used to restrict access to the site;
(g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the site other than the search engine and search agents available from CAASie on the site and other than generally available to third party web browsers; or
(h) collecting information about other users without their consent. Violations of system or network security may result in civil or criminal liability are not responsible for user-generated content such as postings, listings, feedback, pictures,
Scheduled Maintenance/System Downtime
We reserve the hours between 10:00 pm and 5:00 am (Australian Eastern Standard Time) for system maintenance and will provide maintenance at other hours as we deem necessary. This may or may not cause system downtime. In the event certain Services are disrupted ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made in our discretion.
Except when required by law, CAASie is not responsible for transactions not being processed or not being accepted due to technical difficulties.
There are several ways you can use our services – to buy and sell advertising, to market to or communicate with your customers, and to create content. When you share information with us, for example creating a CAASie Account or build a campaign, we strive to make those services even better – to show you relevant billboard locations, special opportunities and sales, help you connect with new advertisers, implement promotions or make sharing information with others quicker and more relevant.
Your privacy matters to CAASie so whether you are new to CAASie or a long-time user, please take the time to get to know our practices – and if you have any questions please contact us
Information We Collect and How We Use It
You can visit CAASie and learn about the services we provide without providing personal information. However, you do need to provide personal information to purchase or bid on display boards. We do not collect any personal information on CAASie unless you provide it voluntarily. However, certain non-personally identifiable information, such as IP address, through analytics software is collected automatically from every Site visitor, even if not voluntarily provided.
We collect and use personal information in the specific ways listed below, and generally to improve CAASie and services to you, as well as to meet our legal obligations. We also use personal information you provide for other purposes consistent with the reason you provide such information to us.
We collect information in the following ways:
Information you give us.
For example, many of our services require you to sign up for a CAASie Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card to store with your account.
Information we get from your use of our services.
We collect information about the services that you use and how you use them, like when you regularly use an ad or bid on a Screen, to give you a better idea of Screen popularity and cost on CAASie.
When you use our services, we automatically collect and store certain information in server logs.
This includes: details on browser type, date and time of your request and referral URL; and cookies that may uniquely identify your browser, other identifier or your CAASie Account.
When you use CAASie services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide CAASie with information on nearby devices, Wi-Fi access points, billboards and cell towers.
When collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Information we collect when you are signed in to CAASie, in addition to information we obtain about you from partners, may be associated with your CAASie Account. When information is associated with your CAASie Account, we treat it as personal information. For more information about how you can access, manage or delete information that is associated with your CAASie Account, see your user settings.
We use information internally to customise your experience with CAASie, to help us develop new products and services, to verify your identity, to collect debts owed to us, or to investigate or settle inquiries or disputes, and for other legally required or permissible purposes. We also use this information to generate marketing, promotion and informative emails based on user actions (such as registration information, confirmation of placing a bid, confirmation of listing an ad or the user’s choice to subscribe to certain communications), or as necessary to inform you of changes to the CAASie or events related to the site or changes to the terms and conditions or policies.
How We Share Your Information
(i) for external processing to carry out the transaction, activity or request made by you on CAASie,
(ii) comply with any applicable law, court order or other judicial process, or
(iii) enforce or apply agreements with you, or protect the rights, property or safety of us or third parties, or as otherwise required or permitted by law.
If your CAASie Account is managed for you by an administrator or third-party (for example, an advertising agency or media buyer or SEO company) then your administrator or the third party or resellers who provide user support to your organization will have access to your CAASie Account information (including your email and other data). Your administrator or designated administrator may be able to:
View statistics regarding your account, like statistics regarding applications you install.
Change your account password review or restrict your ability to delete or edit information or privacy settings.
Suspend or terminate your account access.
CAASie may Access or retain information stored as part of your account and distribute your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
In the event of a corporate transaction such as a sale, merger or reorganization or in the unlikely event of a bankruptcy or similar restructuring involving all or a portion of CAASie, or a sale or transfer of assets, we reserve the right to disclose or transfer your personal information to non-affiliated third party acquiring company (ies) and other third parties. In the event of such a sale or transfer, we will use reasonable efforts to direct the transferee(s) to use personal information you have provided in a manner that is consistent with this
We do not share your sensitive personal information with any third parties for such third parties’ marketing purposes, unless you have opted into such sharing. Notwithstanding the foregoing, we may collect, sell and share aggregate data and non-sensitive data on users and usage with third parties. For example, we may share non-personally identifiable information publicly and with our partners – like media owners, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
CAASie is not intended for or directed to persons less than 18 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our services to children. If you are under 18 years of age, do not use CAASie.
For Persons Outside Australia
We work hard to protect CAASie and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular
We encrypt many of our services using SSL
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
We restrict access to personal information to CAASie employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
CAASie has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your personal information during transmission, we cannot ensure or warrant the security of any information you transmit to us or receive from us. We urge you to take steps to keep your personal information safe (including your account password), log out of your account after use and close your web browser.
If you have any concern about the privacy practices of the CAASie or the site, please contact us at following address with a detailed description, and we will try to resolve it.
Heurist Pty Ltd,
4 Pearl Street,
Compliance and Cooperation with Regulatory Authorities
Effective Date: November 10, 2019.