This Site is provided by Audience Republic Pty Ltd (ABN: 96 606 311 095) (Company, we, us and our).
The Site is a software platform which enables companies or individuals (each, a Promoter) who wish to promote their products or services to create campaigns to engage with Fans (Campaigns) and use our Audience Manager software platform (Audience Manager) for that purpose.
When these Terms of Service refer to “Fan” or “you” we mean an individual (not acting as a Promoter) who wishes to participate in a Campaign and/or interact with a Promoter in some manner which is enabled through the Site.
What is a Campaign?
When a Promoter conducts a promotional campaign for products or services using the tools provided on our Site, that is called a Campaign. As part of the Campaign the Promoter may invite Fans to provide their email address, and, in some cases, offer rewards to Fans who have registered to participate in a Campaign. This is for the purpose of encouraging Fans’ participation in activities which help to promote the products and services
What you need to know about a Campaign:
Campaigns may be subject to terms and conditions between the Promoter and the Fan. Those terms and conditions are provided by the Promoter to the Fan when the Fan applies to participate in a Campaign. When a Promoter creates a Campaign, and invites a Fan (you) to participate in that Campaign, the Promoter is making an offer to you which must be accepted by you as a pre-condition of your participation in the Campaign. That offer (and your acceptance) may form a binding contract between you and the Promoter. Audience Republic is not a party to that contract, which is entirely separate from these Terms of Service.
- These Terms of Service are between you and Audience Republic. They govern how you, and we, interact when you register on our Site.
- Campaign participation terms and conditions are between you and the Promoter. They govern how you and the Promoter participate in a Campaign.
- Those separate Campaign participation terms and conditions may constitute a contract between you and the Promoter. Audience Republic is not a party to that contract.
- The Promoter is wholly responsible for administering and fulfilling their obligations, both implied and expressly stated, in any Campaign– including the delivery of any promised rewards to you; and
- It is your responsibility to ensure that the rewards offered by the Promoter and any Campaign participation terms and conditions between you and a Promoter are acceptable to you.
In some cases utilization of rewards by a Fan may be subject to further conditions imposed by a third party provider of the rewards (who may be a third party, separate and distinct from the Promoter).
For some rewards, the Promoter may need further information from you, (for example, your mailing address or shirt size), before they can deliver the reward. Thus, until the Promoter has the required information, the Promoter’s obligation to deliver the reward may be suspended.
Accordingly, although we expect Promoters to make all reasonable efforts to obtain any further required information relevant to rewards, Fans acknowledge as a condition of using our Site, that:
- they (Fans) may not receive promised rewards under a Campaign until all necessary information has been provided to the Promoter; and
- Audience Republic does not oversee and does not guarantee the performance by a Promoter or a Fan of their respective obligations to each other in respect of a Campaign.
We are under no obligation to become involved in a dispute between you or a Promoter.
In some jurisdictions, it may be prohibited to participate in a Campaign (depending upon the applicable terms and conditions imposed by the Promoter). You are responsible for complying with all relevant and applicable legislation when participating in a Campaign using our Site and you indemnify us for any loss or damage suffered by us or any claim made against us by a third party arising from your failure to comply with all relevant and applicable terms and laws when you use our Site to participate in a Campaign.
We reserve the right to reject, terminate or suspend a Campaign at any time and for any reason. If we do so, we are not liable for any damages that result from our doing so and we are not liable for any damages or loss incurred by you or a third party related to rewards or any use of the Site
When you register with a Promoter through our Site or participate in a Campaign then you enable Audience Republic and the Promoter to use the Site to store and analyse data about you and the products and services in which you are interested.
Recent important changes to data protection laws in the European Union make a distinction between entities that process Personal Information for their own purposes (known as “data controllers”) and organisations that process Personal Information on behalf of other organisations (known as “data processors”). In general, a question or complaint about how Personal Information is handled should be directed to the relevant data controller because they have primary responsibility for that Personal Information.
We may act as either a data processor or a data controller in respect of Personal Information, depending on the circumstances.
For example, if you as a Fan register on our site in order to provide Personal Information for a Campaign, we will process your Personal Information by hosting and enabling the Campaign and the functionality of our Site. We will also share your Personal Information with the Promoter and in that case, Audience Republic and the Promoter will be data controllers, and each will be responsible to comply with appropriate privacy legislation and to answer any questions from you (a Fan) or another third party relating to Personal Information collected from the Campaign.
Use of our Site
We reserve the right, in our sole discretion, to reject your application to use our Site.
When you register for a Campaign by completing the sign-up form on our Site we will automatically create a profile of you. If you registered using social media credentials, then you permit us to store and use the limited subset of your Personal Information in accordance with the terms which are agreed between you and the relevant social media channel.
You promise us that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.
You must comply with any acceptable use or other policy published by us on our Site.
You must not:
- use a false email address, impersonate others or misrepresent your affiliation with others;
- share your Site login details with any other person or use the login details of any other person to access our Site;
- interrupt or attempt to negatively impact or alter the operation of our Site in any way;
- use our Site or any of the materials made available through our Site in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials obtained from or made available through our Site, other than in accordance with these terms and conditions;
- use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- transmit, or procure the sending of, any advertising or promotional material without obtaining the recipient’s prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or facsimiles of our user interface).
Additionally, you must not:
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other User’s use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
You have sole responsibility for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and ownership rights in all data supplied by you.
We are responsible for ensuring that our Site is suitable for the purposes for which it is made available to you.
We will, to the best of our ability, ensure our Site is available for access at all times but we are not responsible if you are not able to access our Site as a result of (i) us undertaking preventative or remedial maintenance or (ii) any circumstances beyond our control.
Our Site contains links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.
Monitoring Your Use of Our Site
We reserve the right to monitor your use of our Site for the purpose of ensuring that our Site is functioning as we intended and that you are complying with these terms of service.
Limitation of Liability
To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms of service are excluded.
To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of our Site again or payment of the costs of having our services supplied again.
We accept no liability for any loss caused in whole, or in part, by your misuse, abuse or improper application of our Site.
We accept no liability for any loss of business opportunities, loss of profit, loss of business information, loss of reputation or goodwill or any other business interruption suffered by you as a result of your use of our Site.
Confidentiality and Privacy
When you register on our Site you will be asked to provide some Personal Information.
While we take reasonable steps to preserve the security of your information, please be aware that we cannot guarantee your use of the Site will be confidential and we cannot guarantee that any information you provide to us is perfectly secure.
We encourage all Users to comment on the Site or provide suggestions for improving it. You agree that we own all rights to use and incorporate them into the Site, without payment or attribution to you. If you wish to make any comments about our Site or please do so by sending an email to firstname.lastname@example.org.
Changes to these Terms of Service
We reserve the right to change these terms of service at any time and for any reason, including the requirement to stay up to date with the latest legal requirements or business reasons. When we make changes, they will be effective straight away.
If you use our Site following any amendment to these terms of service, you will be taken to have agreed to comply with the terms of service as changed.
We will take reasonable steps to let you know about any changes, but you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.
Your right to use our Site will continue until it is terminated by us or you close your account. Please contact us at email@example.com if you wish to terminate your account.
We reserve the right to suspend or terminate your right to use of our Site if, at any time, you breach these terms of service or if we change our business model, (which we may do at any time, in our absolute and unfettered discretion), or if we are required to do so in order to be legally compliant.
Interpretation and Legal
If any provision in these terms of service is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms of service and the remaining provisions will remain in full force and effect.
These terms of service are to be governed by and construed in accordance with the laws of New South Wales, Australia, and any claim made by either party against the other which in any way arises out of these terms of service will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.
Updated July 2018