Terms of Service ("Terms")
Last Updated: July, 2021
Please read these Terms of Service ("Terms") carefully before using the site qdooh.com (the "Service") operated by Realworld Advertising Pty Ltd, Australian Company Number 151846187 ("Realworld"). "You" or "User" means the individual or entity using the services and the "Parties" means You and Realworld. By accessing or using the service you agree to be bound by these terms.
Scope of the Service
The service is an online platform to book Digital Out-of-Home advertising (DOOH) campaigns using QR code ordering.
Fees and Payments
Sellers do not pay any fees for using the Service. A booking fee is charged to buyers to cover credit card fees and the cost of providing the Service. This fee differs per country and is displayed to the buyer prior to booking.
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. Realworld 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 Realworld. You may not reverse engineer or attempt to extract or use the source code of the software.
Realworld may terminate or suspend access to the Service immediately without prior notice or liability, for any reason whatsoever.
Both parties agree not to disclose each other's Confidential information.
You agree to indemnify Realworld, 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 (i) You have full power and authority to agree to these terms; (ii) You are authorised to act on behalf of the company you work for, if any; (iii) Realworld has never before terminated an account created by you; (iv) using the service will not violate any agreement you have with a third party or any third-party rights. Realworld provides the service "as is". Other than as set out in the terms, Realworld 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, Realworld excludes all warranties, express, statutory or implied. Realworld disclaims the warranties or conditions of non-infringement, merchantability, and fitness for a particular purpose.
Limitation of Liability
To the extent permitted by law, (i) 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; (ii) 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 Realworld 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 Realworld 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 Realworld 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, Realworld may contact you about service announcements, administrative messages, user messages, and other information.