Terms of Service ("Terms")Last Updated: August, 2020
Please read these Terms of Service ("Terms") carefully before using the site adfindr.co (the "Service") operated by Realworld Advertising Pty Ltd, Australian Company Number 151846187 ("Adfindr"). "You" or "User" means the individual or entity using the services and the "Parties" means You and Adfindr. By accessing or using the service you agree to be bound by these terms.
Scope of the Service
The service is a local sales lead extractor. Users can search a location and download a list of local businesses in proximity. Results are generated from public databases. Adfindr makes no representations as to the accuracy of each lead.
Fees and Payments
Users can try the service for free but must pay to download results.
By selecting a Subscription, you agree to pay Adfindr the monthly or annual fees indicated for that Subscription. Payments will be charged on a prepaid basis on the day you sign up for a Subscription and will cover the use of that Subscription for a monthly or annual subscription period, as requested by you. Subscription fees are non-refundable. To prevent fraud, we might temporarily disable your account after a Subscription to perform a manual verification.
Unless you notify Adfindr before the end of the applicable subscription period that you want to cancel a Subscription, your Subscription subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Subscription (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you.
By signing up for an Adfindr paid account, you agree to pay Adfindr the monthly or annual subscription fees published on the Website as of when you registered for the Services. Applicable fees will be invoiced starting from the day your paid account is established and in advance of using the paid Services. Your monthly or annual subscription will automatically renew unless you cancel it. Adfindr reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless mentioned otherwise, the prices do not include taxes. Adfindr might change the amount charged for an ongoing subscription if we're required by law to collect new taxes.
Cancellations and Refunds
Adfindr does not provide refunds to users who request cancellation of Services, regardless of the reason for the request. You may cancel your account at any time via email to Adfindr or in the Settings section of your account's dashboard. If you cancel paid Services, the cancellation will take effect at the end of your current billing period. Thereafter, Adfindr will cease charging you for paid services and will disable your paid account.
The Service includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Adfindr to respond within three business days) concerning the use of the Services. All Adfindr support will be provided in accordance with Adfindr standard practices, procedures, and policies.
By creating a paid account, you grant Adfindr a perpetual worldwide license to use your company's name and logo(s) for the sole purpose of Afindr’s marketing and sales efforts, such as listing you as an Adfindr customer on the Website. You may revoke this license at any time by notifying Adfindr via email.
For paid accounts, Adfindr guarantees a minimum facility availability of 99% on a 24x7x365 basis except for scheduled maintenance. Availability will be calculated monthly using the following formula: Actual Minutes of Facility Availability during the month / Total Minutes of Availability during the month x 100 shall equal the Percent of Availability. Should the monthly availability fall below the agreed to 99% for any month, Adfindr shall extend the Duration of the Agreement at no charge, by the equivalent of 1 (one) working day for each 1%, or part thereof, of the 99% target not met due to a power, cooling or network outage. This is applicable only to items within Adfindr’s assumed control and to outages outside scheduled maintenance windows.
Adfindr may terminate or suspend access to the Service immediately without prior notice or liability, for any reason whatsoever.
In the case of a paid account, Adfindr will refund the unused portion of your prepaid subscription amount within thirty (30) days, which will be paid to the same payment method you used to open the account.
If you wish to terminate this Agreement, you may simply discontinue using the Services.
Other than as set out in these Terms, neither party will get any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. Adfindr grants you a non-exclusive, non-sublicensable license for use of the service. This license is for the sole purpose of enabling you to use the service as provided by Adfindr. You may not reverse engineer or attempt to extract or use the source code of the software.
Both parties agree not to disclose each other's Confidential Information. Publicly availble POI data is free to be used by any party.
You agree to indemnify Adfindr, its affiliates, agents, and users from and against any and all third-party claims and liabilities arising out of or related to your use of the service or your breach of the terms.
You warrant that
- You have full power and authority to agree to these terms;
- You are authorised to act on behalf of the company you work for, if any;
- Adfindr has never before terminated an account created by you;
- using the service will not violate any agreement you have with a third party or any third-party rights.
Adfindr provides the service "as is". Other than as set out in the terms, Adfindr does not make any promises about the service, the specific function of the service, or its profitability, reliability, availability, or ability to meet your needs. To the extent permitted by law, Adfindr excludes all warranties, express, statutory or implied. Adfindr disclaims the warranties or conditions of non-infringement, merchantability, and fitness for a particular purpose.
Limitation of Liability
To the extent permitted by law,
- in no event will either party be liable under the terms for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other area of law, even if such party has been advised of the possibility of such damages, and;
- each party’s total liability under the terms is limited to the net amount received and retained by that particular party in connection with these terms during the one-month period immediately preceding the date of the claim.
Each party acknowledges that the other party has agreed to these terms relying on these limitations of liability and that those limitations are an essential basis of the bargain between the parties.
Entire Agreement. These terms are our entire agreement relating to your use of the service and supersedes any prior or contemporaneous agreements on that subject.
Assignment. You may not assign or transfer any of your rights under the agreement.
Independent Contractors. The parties are independent contractors and agreeing to these terms does not create an agency, partnership, or joint venture.
No Third-Party Beneficiaries. These terms do not create any third-party beneficiary rights, other than stated.
No Waiver. The failure of either party to enforce any provision of these terms will not constitute a waiver, other than stated.
Severability. If it turns out that a particular component of these terms is not enforceable, the balance of the terms will remain in full force and effect.
Survival. Sections relating to Intellectual Property, Confidentiality, Termination, Indemnity, Limitation of Liability and Miscellaneous of these terms will survive termination.
Governing Law. All claims arising out of or relating to these terms or the service will be governed by Australian law. You and Adfindr agree that any dispute, claim or controversy arising out of or relating to these terms will be settled by binding arbitration, except that each party retains the right to seek injunctive or other fair relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Adfindr are each waiving the right to a court hearing or to take part as a plaintiff or class member in any purported class action or representative proceeding. Arbitration will occur under the Commercial Arbitration Act 2010 (NSW) or for international arbitration, under the ACICA Arbitration Rules. The seat of arbitration must be Sydney, Australia. The language of the arbitration must be English. If your claim does not exceed $10,000, then the arbitration must be conducted on the basis of documents you and Adfindr submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond the party’s reasonable control.
Communications. In connection with your use of the service, Adfindr may contact you about service announcements, administrative messages, user messages, and other information.
Adfindr cares about your privacy. For this reason, we collect and use personal data only as needed for us to deliver our services.
What information do we collect?
We collect most of what you may consider personal data when you create an account or edit your account details.
We collect other information when delivering our services, for example:
- Account related information such as account number, location data and language.
- Cookies which are used to enable you to maintain a localised logged-in experience.
- Data about usage of services when you use and interact with our services. This includes the action taken, date and time of action, location information including IP and account ID. The location data is an approximation of your location based on your IP. This usage data helps us improve the service and identify any fraud or security risks.
- Supplemented data about you from other sources, including publicly available databases so that we can:
- update, expand and analyse the accuracy of our records
- identify new customers
- provide products and services that may be of interest to you.
You may give us personal information about others. Likewise, others may give us your personal information. We will only use that information for its intended purpose.
How we use information
We use the data we collect to deliver our service and as required for legal compliance. These uses include:
- Delivering, improving, updating and enhancing the services we provide to you. We use this information to:
- Improve the operation of our services
- Identify any security risks or improvements to the services
- Detect and prevent fraud and abuse of our services and systems
- Collect statistics about the use of our services
- Understand how you use our services
- Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate group or with trusted third party service providers as necessary.
- Communicating with you. We may contact you about service related information. We may also contact you with offers where allowed based upon legitimate interests. Communication methods may include:
- Text (SMS) messages
- Telephone calls
- Automated phone calls or text messages.
- Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.
- Website analytics. We use web analytics tools such as Google Analytics to collect information about how you interact with our website, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page. We use the information provided by these tools to improve our services.
How you can access, update or delete your data
To access, view, update or delete your personal data (where available) please sign into your account and visit your settings page.
If you make a request to delete your personal data, your request will be honoured only to the extent it is no longer necessary for our legitimate business purposes or legal or contractual record keeping requirements.
How we secure, store and retain your data
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including the use of encryption where appropriate.
We retain personal data only for as long as necessary to provide the services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods mandated by law, contract or similar obligations applicable to our business operations; for preserving, resolving, defending or enforcing our legal/contractual rights; or needed to maintain adequate and accurate business and financial records.