CAASie

SO, WHERE TO?

LEARN MORE. OR NOT. I'M NOT YOUR SUPERVISOR.

OR, ALTERNATIVELY...

Do it. I’ll love you forever.

FOLLOW ME

Apparently, there’s more to Facebook, Twitter and LinkedIn than advertising. Huh.

© Heurist. Pty. Ltd. 2019

CAASie User Terms and Conditions.

Thanks for using CAASie The Services are provided by CAASie, and its affiliated companies (“CAASie”, “we”, “us” or “our”).

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”, “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.

CAASie User Terms and Conditions.

Published 01-01-2021
Last edited 01-01-2021

Some of these policies are subject to change without notice. 

1. Privacy and Your Personal Information

Our Privacy Policy explains how CAASie treats your personal information when You access the Site and use the Services provided. The Policy may be updated from time to time at our discretion. Changes will be effective upon their being posted to the Web Site and CAASie App.

Please refer to the CAASie Privacy Policy for more information.

2. Services

The “CAASie App” is an automated online trading platform that allows Advertising Space (“Impressions[1]” or “Plays”) to be purchased on digital out-of-home screens “Screens” or “Boards”. In this context, ‘out-of-home’ refers to outdoor screens such as billboards, street signs, shopping centre displays, and other digital screens that can be used for the purpose of advertising. 

The CAASie app 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 online via the CAASie app.

CAASie is a 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.

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 CAASie App uses a process known as ‘Real-time bidding’ whereby an Advertiser/Buyer/You may set their desired bid for an impression (“Play”) on a given asset, to execute a media purchase in real time.

Buyers will be responsible for providing certain information required to buy and display advertising using the CAASie app including but not limited to name, address, cell phone, and bank or credit card information. Buyers represent and warrant that all information given to us is true, accurate, up-to-date and not misleading.

We make every effort to qualify Users and Sellers but we make no representation, and give no assurance that:

  1. 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.

  1. A Seller enabling Services

(a) will be able to or will complete the sale of the service.

(b) a Seller has truthfully and accurately described a Screen on the Web site or Web app.

(c) a Screen listed for sale on CAASie exists, or is of any particular quality.

(d) non-infringing with regard to the intellectual property rights of any person or entity, or that the advertising space on the Screen may be legally sold by the Seller
.
(d) the sale of a Service or Screen complies with any or all applicable legal requirements for the sale of that Service or Screen, 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 Screen(s).

CAASie does not guarantee the price, terms, product, availability or services offered or provided by any third party until it is agreed to electronically.

 

[1] Impression: We define an impression as a single showing of an ad on a Screen or Board. The duration of a single showing or “Play” is defined by the supplier and clearly indicated within the App when the User selects the board. Play/Impression durations vary between 8 to 60 seconds, and may be higher or lower depending on the specific site.

3. 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.

You may upload or submit content (such as, but not limited to, your ad content) to CAASie App. You agree that this content your sole responsibility. We review content to determine whether it is acceptable, readable, appropriate, or violates our policies, and we may remove or refuse to deliver content to a Screen that we reasonably believe is inappropriate or violates our policies or the law.

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 Web Site or CAASie App. Access to the Web Site or CAASie app does not authorise 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:

  • Upload or submit content that does not comply with our Advertising Policy;
  • Infringe any laws, third party rights or our policies;
  • Use the CAASie services if You are not able to form legally binding contracts, or are suspended from using the CAASie services;
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to CAASie;
  • Submit false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • Transfer your CAASie account to another party without our consent;
  • 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 other Users on the Platform, including email addresses.

If you are accessing Services or performing Transactions via CAASie or CAASie App on someone else’s behalf (Other), you must have permission to do so, and agree as follows:

  1. You represent and warrant that you have the authority to and will bind the Other to the Terms of this Agreement, and to any additional terms to which you also agree.
  2. If the Other that you represent violates the Terms of this Agreement, we may hold you responsible for that violation.

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.

You agree that upon signing up to CAASie that any further communication, negotiation, or agreement regarding the purchase of Impressions through the Service will be continued through the CAASie App or in communication with representatives of CAASie. In the event that agreement to purchase the desired Impressions is reached, You agree to place the order through the CAASie App.

3.1. Your CAASie Account

You may need a CAASie Account (“Account”) in order to use our Services. You may create your own Account, or your Account may be assigned to You by an administrator, such as your employer. If You are using an Account assigned to You by an administrator, your administrator may be able to access or disable your account.

Agency Account holders have the ability to create Client Organisations within their Account. This is for the purpose of organising and sorting campaigns within the Account. As such, Client Organisations created on CAASie App are not recognised as a User. It is therefore the User’s responsibility to convey and ensure the understanding of the terms of this Agreement to any Other, including but not limited to clients. The User is responsible for any actions performed by or through your Account.

We reserve the right to reject your User registration by disabling your Account. Even after acceptance, we may terminate or suspend your account and ability to use the Services at 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 Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. If You learn of any unauthorised use of your password or Account, please contact us via email [email protected]

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 or archived if there is no activity on your account for 12 Months. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your transaction history.

For information on Refunds and reactivation of inactive accounts, refer to the “Credit Archive and Expiry” section 4.5 of this Agreement.

3.2. Copyright Protection

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 authorised 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 authorised 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 authorised 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.

3.3. Your Content in Our Services

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. 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 upload or submit 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 listing information on the CAASie App or any advertising content that is delivered to a Screen.

If You have an Account, or use our Services, we may display your company profile name, and actions You take on CAASie or on third-party applications connected to your Account or to our Services.

All reviews, comments, feedback, 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.

3.4. About Software in Our Services

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.

4. Transactions on CAASie

Upon signing up to CAASie, two (2) entities are created: a User account, and a corresponding Organisation[2]. This Organisation may be either an ‘Advertiser’ or an ‘Agency’. Regardless of type, all Organisations store a cache of pre-paid Credits against which all transactions are performed. The User agrees that all transactions on CAASie are deducted against their Organisation’s cache of pre-paid Credits. These Credits are purchased in advance and will be stored as Equivalent US Dollars[3].

Users within an Agency Organisation may create Client Organisations for the purpose of distinguishing between Credits purchased by or on behalf of an Other (e.g. a client). Where Credits are purchased by or on behalf of an Other, the Credits will be held separately in a cache which represents the Credits available to the Other. In all cases the Credits are deemed to be the property of the owner of the credit card, bank account, or other payment method used during the purchase of Credits. Credits cannot be transferred between separate caches unless carried out by CAASie and the User can sufficiently provide ownership details to CAASie. CAASie reserves the right to refuse transfer of Credits or may choose at our discretion to provide a refund in place of transfer, subject to refund terms outlined in the “Cancellation and Refund” section of this Agreement.

Users agree to pay Applicable Fees (“Fees”) for using CAASie and Services as outlined in this agreement and where displayed on CAASie App. 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 real-time auction and/or has been delivered to the Seller, no cancellations are permitted and both parties will be responsible for honouring the agreed contract.

Credits are only deducted for the content that is committed to be played on the appropriate Screen. 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 Credits purchased on CAASie shall be paid for in advance by credit card or as otherwise agreed. By purchasing Credits on CAASie, Users authorise CAASie to deduct Credits from the User’s account for any fees Users accrue as a result of using CAASie or Services. Our billings may appear under the name “CAASie” or other CAASie account name e.g. Heurist Pty Ltd. You will receive an invoice upon purchase of credits, inclusive of GST and Fees.

The Fees are eligible to be deducted from the User’s CAASie account upon confirmation of a “win[4]” result from the auction, as received to CAASie by relevant supply partners, including but not limited to the Seller. Buyer’s agreement to purchase the Services is indicated by Buyer clicking the “Start Campaign” or a similarly labelled button or action on the CAASie App. Payment for Services delivered by CAASie will be immediately deducted from the User’s Account.

Users may “Pause” their campaigns as a temporary hold against the auction and exchange of advertisements. 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 24 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, which will be deducted from the User’s account upon confirmation of a “win”.

[2] An Organisation is an entity within CAASie under which all Users perform their transactions. Organisations are created upon sign-up for every User and are associated to every Impression delivered by CAASie.

[3] Equivalent US Dollars: Credits purchased on CAASie hold the value of the equivalent US dollar amount on the date of purchase. Exchange rates are subject to change; we update our exchange rates daily, using data from Open Exchange Rates, Ltd.

[4] Win: A win refers to the result of a real time auction, whereby the User’s bid was sufficient to serve an advertisement to the Screen or Seller.

4.1. Cancellation and refund

Once a Transaction is completed or committed to the Seller, no cancellations are accepted. 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 App, and remain obligated to pay all fees resulting from advertisements served via CAASie.

To request a refund of the Credit held within the User’s Account, a User must make a request in writing to Heurist Pty Ltd via email to [email protected] 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/instalment, or where that is not possible, made via Cheque to the associated organisation as detailed during User sign up. An Admin fee of $25 USD will be applicable to any refunds, in addition to any and all associated bank and/or transaction fees. If the value of the Credits is less than the applicable fees, the total Value will be charged against the User’s account. Notwithstanding the same, Users will continue to be liable for any charges or fees assessed against your account.

In the event that a User’s Account is Cancelled or Terminated, with or without notice to or by CAASie, the User should ensure that the remaining Credits are expended prior to cancellation/termination, or alternatively request a refund of the remaining monetary value (“Value”), incurring the same Fees as above.

Complimentary Credits[5], Credits issued in place of a refund or Credits for which payment was not taken by CAASie for any other reasons may not be refunded or exchanged for the equivalent Value.

Refunds requested via email to [email protected] 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.

[5] Complimentary Credits: Complimentary Credits refer to Credits that are provided to the User by CAASie at no cost. This may include, but is not limited to, Credits provided as part of a promotional package or a rewards program.

4.2. Credit Archive and Expiry

In the event that a User or Account is deemed inactive for a period of 12 Months, both the User’s Account and remaining value of the Credits may be Archived. Prior to the Archiving Date, CAASie will contact You via email and notify You of the Credit and your account activity. If after 6 months from initial Notification Date (the first attempt) and (a total of) 3 attempts by CAASie to contact the User no response is received, the User is assumed to have abandoned their Account and where the remaining Credit Value is below $25USD, it is forfeited and will not be eligible for refund or return.

If You subsequently contact CAASie within two (2) years after the Archive date and request a refund, we will refund the remaining value less the Monthly Account Fees, if any, and administration fee of $25USD, in addition to any and all associated bank and/or transaction fees. All refunds will be processed to the credit card associated to your CAASie account, or where this is no longer possible, made via Cheque to the associated organisation as detailed during User sign up.

Within two (2) years of the Account being archived, You may email [email protected] to request reactivation of your account and restoration of the Credits that were Archived. Any Outstanding Fees[6] will be paid to CAASie prior to Account reactivation. The activation process will include a $25USD reactivation fee which will automatically be deducted from the remaining Credits. If the Value of the Credits in your Archived account is less than the reactivation fee, the total remaining Value will be charged to your account. CAASie reserves the right to refuse Account reactivation subject to the terms outlined in this document.

The User Agrees that (2) Years after the Archive date, they have abandoned any claim to a refund or return of Archived Credits.

Complimentary Credits will expire immediately upon Archiving, Cancellation, Deactivation or Termination of your Account.

[6] Outstanding Fees: Outstanding Fees are fees that are owed to CAASie by the User a result of using CAASie and/or Services.

4.3. Fees and Costs

CAASie provides several options to Buyers and Sellers to execute advertisement purchases and obtain services including but not limited to: real-time bidding (RTB), contract purchases (when applicable), and creative production (when applicable). Buyers and Sellers can open/create free accounts on CAASie. Upon opening/creating an account, and agreeing to this User Agreement, Users can fund their account by purchasing Credits to execute media purchases online subject to availability, pricing, and other parameters.

The total cost to the advertiser is determined by the supplier, the CAASie/Services Fee and the Auction Result[7]. The total cost per advertisement that is served will be inclusive of the supplier’s Supply Cost[8], a CAASie/Services Fee[9], transaction fee[10] and GST[11].

The total cost of each advertisement or Play will be no higher than the maximum bid price as set and agreed upon by the Buyer, as indicated by Buyer clicking the “Start Campaign” or a similarly labelled button or action on the CAASie App. The Buyer acknowledges and agrees that any bid on CAASie will be inclusive of GST in addition to any other associated fees. In the event of a full or partial refund, the Buyer will also receive a refund for the proportionate amount of GST. If You have any questions or require more information, please contact the Australian Taxation Office or seek independent tax advice.

The Buyer agrees that CAASie bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, GST/VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through CAASie by any jurisdiction having taxing authority over the sale or transaction. The Buyer agrees that they are responsible for, and will indemnify us against, any liability for any sales/use, GST/VAT or similar transaction tax that is or may be assessed by any jurisdiction. The Buyer agrees to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, purchase, collection or remittance by the Buyer of any taxes relating to transactions conducted by CAASie.

We may add, delete or change some or all of our Services and fees at any time at our sole discretion, and any such change will take effect without further notice to the Buyer. All fees and costs will be available to the Buyer via CAASie. It is the Buyer’s responsibility to agree to any fees or costs that may be incurred before they engage in a transaction. Unless otherwise stated, all fees are quoted in US Dollars (USD).  The Buyer is responsible for paying all applicable taxes and for any and all hardware, software, service and other costs they may incur when they use CAASie Services or our site.

[7] Auction Result: The Auction result refers to the price reached from multiple bidders in the auction, or the floor rate (Supply Cost + CAASie/Service Fee).

[8] Supply Cost: The supply cost is the cost of the advertisement as set by the Supplier.

[9] CAASie/Services Fee: The CAASie/Services fee is equal to 15% of the Supply Cost, or $0.05 USD, whichever is higher.

[10] Transaction Fee: The Transaction Fee is determined by the method of payment and associated Fees and Charges for those services. The minimum Transaction Fee on CAASie is 2.2% of the total value of a transaction.

[11] 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.

5. Modifying and Terminating Our Services

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. CAASie may also stop providing Services to You or add or create new limits to our Services at any time.

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.

6. Our Warranties and Disclaimers

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 SCREEN ON CAASIE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CAASIE APP. 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.

7. 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.

8. Indemnification

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 CAASie Parties 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 app or the Website, 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.

9. 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.

10. 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. Whilst 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).

Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Agreement is not affected.

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.

11. System Abuse and Feedback

  1.     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. If You are found to have engaged in any abusive or fraudulent activity in connection with CAASie or our Services, 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 App 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 violations of this Agreement.

  2.     Buyer’s Protection/Dispute Resolution.
    All complaints about a Buyer or a Seller in connection with a sale must be addressed through CAASie support ([email protected]caasie.co). CAASie will review such disputes but will not arbitrate disputes or arguments between Sellers and Users (or any Other).

  3.     Site or CAASie App 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 authorised 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,

12. 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 at our discretion.

12.1. Technical Difficulties

Except when required by law, CAASie is not responsible for transactions not being processed or not being accepted due to technical difficulties.