AIM Digital | Terms and Conditions

Terms & Conditions

1. These terms and conditions apply to your access to the AIM product (including any access by your employees, contractors or other authorised agents).

2. The AIM product is provided by Campaigntrack Pty Ltd (ABN 93 142 537 988) (Campaigntrack). Campaigntrack is a part of the Domain Group. Campaigntrack (or such other entity within the Domain Group who may own/operate the AIM product from time to time) will invoice you in connection with your use of the AIM product. In these terms and conditions, we, us or our refers to Campaigntrack or such other member of the Domain Group as may be notified from time to time.

3. You may access the AIM product through your subscription to the Campaigntrack and/or Realhub platform (or as otherwise directed by us).

Pricing

4. The rates applied for each of your AIM campaigns will depend on the pricing tier that you select for each campaign.

Customer Information

5. You warrant and represent that you have all the necessary rights, consents, permissions and licences needed to provide the content and information for us to include in each AIM campaign and on the Third Party Platforms (Customer Information). We agree that we will only use Customer Information for the purpose of the AIM campaigns and as otherwise required to facilitate Your use of the AIM product. Other than to our Related Bodies Corporate, the Third Party Platforms (in accordance with clause 11), and to any other third party personnel or authorised contractors of ours (solely for the purpose of providing services in connection with AIM), We will not disclose Customer Information to any other third party without your prior consent. You agree to indemnify and hold us (and our employees, directors, subsidiaries and affiliates) harmless from and against any damages, losses and expenses of any kind (including reasonable legal fees and costs) related to any claim brought against us which is related to the Customer Information you have provided for inclusion in an AIM campaign (including any claims brought against us by any Third Party Platform) including any claims brought as a result of you being in breach of clauses 6, 7, 11(c), 11(d) and/or 11(e) of these Terms and Conditions.

6. You agree that it is your responsibility to ensure that all listing data and content you have provided to us is correct and that we cannot generally make any amendments to an AIM campaign once it goes live. If you wish to make changes to an AIM campaign following launch, we may be able to assist you in implementing those changes however additional fees may apply. You further agree and warrant that all content and information which you supply to us as part of the AIM campaign will be error-free and will not introduce any viruses, malicious software or other harmful software into our systems.

7. Any listing images to be used in an AIM campaign must be of a high professional quality and you must ensure such images are authorised for use in an AIM campaign on any platform for the duration of the campaign. Listing images that contain logos, watermarks or words will not be accepted.

Amendment/cancellation

8. The AIM product offering is made available at our discretion. We retain the right to amend, suspend or cancel your access to the AIM product at any time, including if you fail to comply with these terms and conditions. Where we reasonably believe that any change will have a material impact on you, we will aim to provide you with at least 28 days’ prior notice of that change.

9. You acknowledge that, in some circumstances, we may be required to cancel or suspend an AIM campaign in respect of one or more of your listings (including where any of the content in the campaign does not comply with the relevant Third Party Platform’s commercial terms).

10. If, through no fault of ours:

a. we are required to cancel or suspend an AIM campaign; or

b. an AIM campaign is forcibly removed by any Third Party Platform, then you agree that we will not be responsible for providing any refunds for that AIM campaign.

Third Party Platforms

11. AIM campaigns are run on third party advertising platforms, including Facebook, Instagram, Google Display and Google Search, and such other third party platforms as may be designated by us from time to time (Third Party Platforms). In connection with the running of AIM campaigns on the Third Party Platforms you agree that:

a. We will not be responsible for any reduction in service in connection with any AIM campaign as a result of any downtime or reduced level of service related to any Third Party Platform;

b. We will not be responsible for identifying or removing any material posted, uploaded or otherwise transmitted by third parties in connection with any AIM campaign, including any content that is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening or abusive;

c. You will comply and will procure that any employees, contractors and/or authorised agents will comply at all times in full with the applicable terms of the Third Party Platforms (accessible directly via those Third Party Platforms and subject to change from time to time);

d. You have full consents and permission to share the information with us and the Third Party Platforms for the purpose of the AIM campaign and your sharing of the information with us and the Third Party Platforms will not cause us to be in breach of any Privacy Laws;

e. To the extent you collect, hold, use, disclose and process Personal Information in connection with your use of the AIM product you agree and warrant that you will do so in accordance with Privacy Laws even if the Privacy Laws (or any part of them) are not ordinarily binding on you; and

f. You authorise us to act as your agent with the Third Party Platforms in order to provide the services relating to the AIM campaign.

12. You acknowledge that we are unable to make any guarantees in respect of the audiences on the Third Party Platforms. We make no warranties or representations relating to and exclude any and all liability arising out of the uniqueness of any audience on a Third Party Platform.

Definitions and Interpretation

13. In these Terms and Conditions the following words have the following meanings:

a. Domain Group means Domain Holdings Australia Limited (ABN 43 094 154 364) of Level 5, 100 Harris Street, Pyrmont NSW 2009 and/or one of its subsidiaries;

b. Personal Information has the meaning given to it in the Privacy Laws;

c. Privacy Laws means the Privacy Act 1988 (Cth) and associated rules, regulations and guidelines or any superseding legislation in Australia which may come into force;

d. Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth);

e. ‘We’ ‘us’ ‘our’ is a reference to Campaigntrack or such other Domain Group entity as notified to you from time to time;

f. ‘You’ means the customer specified at the point of sign-up to the AIM product and includes your employees, contractors and authorised personnel.