Terms & Conditions
geoTribes Quick Append Portal
Last updated: 18th August 2021
Your access as a user of the Quick Append Portal (“You”) and use of the Portal Services is conditional on your acceptance of, and compliance with, these Terms. By accessing the Quick Append Portal or using the Portal Services You agree to be bound by these Terms.
1.1 Your Registration
In order to use the Portal Services, You must be a registered user. If You register on the Quick Append Portal, You are fully responsible for maintaining the security of your registration details, and You are responsible for all activities that occur under the registration and any other actions taken in connection with the registration. You are responsible for safeguarding the password that You use to access the Portal Services and for any activities or actions conducted under your password. You agree not to disclose your password to anyone. You must immediately notify us of any unauthorised use of your access to the Quick Append Portal or any other breaches of security. RDA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
1.2 Responsibility of Users
Users are responsible for any harm resulting from any content that they upload to, on the Quick Append Portal (“User Content”). By making User Content available, You represent and warrant that:
- The uploading, copying, storage or use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property You create, You have either (i) received permission from your employer to upload or make available the Content, including but not limited to any databases;
- You have fully complied with any third-party licenses relating to the User Content;
- The User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The User Content is not spam, is not machine or randomly generated, and does not contain unethical or pornographic material, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your registration details do not contain material that misleads others into thinking that You are another person or company;
Without limiting any of those representations or warranties, RDA has the right (though not the obligation) to, at RDA’s sole discretion (i) refuse or remove any Content that, in RDA’s reasonable opinion, violates any RDA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Quick Append Portal to any individual or entity for any reason, at RDA’s sole discretion. RDA will have no obligation to provide a refund of any amounts previously paid in these circumstances.
2.1 Types of Content available for Purchase
There are three types of products and services (“Content”) available for purchase through the Portal Services, being:
- Database Profiling Reports, which show consumer attributes that are more likely to apply to customers on a database, compared to the population generally;
- Data Enhancement Service, where additional data fields are appended to a database that has been uploaded to the Portal Services; and
- Target Area Lists, which provide a file of postal areas ranked by the concentration of selected geoTribes segments.
If You wish to purchase any product or service made available through the Portal Services (“Purchase”), You will be asked to supply certain information relevant to your Purchase including, without limitation, your PayPal and credit card details, your billing address, your shipping information and your location. You represent and warrant that:
- You have the legal right to use a PayPal account, credit card(s) or other payment method(s) in connection with any Purchase; and that
- The information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, an error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
2.3 Payment Processing and Content Retention
All purchases of Content through the Portal Services are charged prior to download. Users are asked to accept the specification of particular purchased Content and upon acceptance, make payment through the PayPal portal either by using a PayPal account or credit card. Upon successful payment, users are able to download the purchased Content.
All or part of the required payment may be made using coupons that are issued by RDA or third parties who are authorised by Us.
At our sole discretion, RDA may offer You a trading account that bypasses the PayPal portal.
Content is available for subsequent download on the Quick Append Portal for a period of 14 days from the time of creation and then permanently deleted.
User transaction details, including a description of the purchased Content, cost and invoice are retained on the Quick Append Portal for audit and compliance purposes.
2.4 Service Pricing, Promotions and Availability
RDA reserves the right to change the price of Portal Services at any time before a purchase is made. We agree not to change the price of services for which service delivery has commenced. If we do elect to change our pricing, we will do so in such a manner that allows You to review updated service pricing before purchasing services.
2.5 Payment & Refunds
By selecting a Purchase, You agree to pay RDA the fees shown for a particular product or service available through the Portal Services. Payments will be charged on a pre-pay basis, unless agreed separately. Purchase fees are not refundable.
For all transactions originating from an Australian IP address, GST must be paid at the time any payment to which it relates is payable (provided a tax invoice has been issued for the supply). All transactions originating from countries other than Australia will not be charged GST.
3. Contracting Entity
3.1 Who you are contracting with
The Quick Append Portal and Portal Services are provided by, and You are contracting with, Robert Dommett and Associates Pty Ltd, an Australian private company;
For all services provided by Robert Dommett and Associates Pty Ltd, the following provisions will apply to any terms governing that Service:
- Contracting Entity. References to “geoTribes”, “We”, “Us”, “Our” and “RDA” are references to Robert Dommett and Associates Pty Ltd, located at Level 2, 68 York St Sydney, NSW 2000, Australia.
- Governing Law. Those terms are governed by the laws of the State of New South Wales, Australia (without regard to its conflict of laws provisions).
- Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Sydney, New South Wales, and the federal courts located in Canberra, Australian Capital Territory with respect to the subject matter of these terms.
4. Intellectual Property
4.1 License for Use of Content
On purchase of Content from the Portal Services, You are granted a non-exclusive non-transferable worldwide license to use the Content, with certain restrictions depending on the particular type of Content.
For database profiling reports and data enhancement services, the license shall be perpetual and You may on-supply the purchased Content to your clients as a component of a service such as verbal briefings, reports, databases or query and tabulation tools. You must not use data enhancement purchased through the Portal Services for the enhancement of databases or records that have been submitted to the Portal Services.
For Target Area Lists, the license shall be restricted to once off use for a single campaign. You may on-supply the Target Area Lists to your clients and agencies, media platforms and suppliers for their sole benefit and once-off use in a single campaign as specified above.
You must not store Target Area Lists for use across multiple campaigns.
You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Content.
4.2 Other Intellectual Property
Where You encounter documents such as how-to guides, methodologies, variable lists and segment descriptions produced by RDA or its partners, other users or publishers containing trademarks, copyright symbols or other claims to intellectual property, via the Quick Append Portal or connected services and websites, You agree not to breach the rights of the party presenting such a claim or mark. If You believe your own intellectual property is at risk, please contact us directly using email@example.com.
4.3 Copyright Infringement
As RDA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by quickappend.geotribes.com violates your copyright, You are encouraged to send the details of your issue via firstname.lastname@example.org.
4.4 Intellectual Property – geoTribes Brand
The Portal Services and its Content (excluding User Content), features and functionality are and will remain the exclusive property of RDA and its licensors. The Portal Services are protected by copyright, trademark, and other international laws. Our trademarks may not be used in connection with any product or service without the prior written consent of RDA. Where they are used, they must follow our brand guidelines. For more information about using our brand, please contact Us via support.geotribes.com.
This agreement does not transfer from RDA to You any RDA or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RDA, geoTribes.com, the geoTribes logo, all other trademarks, service marks, graphics and logos used in connection with RDA are trademarks or registered trademarks of geoTribes or RDA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Quick Append Portal may be the trademarks of other third parties. Your use of the Quick Append Portal grants You no right or license to reproduce or otherwise use any RDA or third-party trademarks.
Where User Content which is Personal Data (being information that is deemed to be personal information by the Privacy Act 1988 (Cth)) is uploaded to the Quick Append Portal in connection with the provision of the Portal Services under this agreement, RDA must:
(b) ensure that only authorised personnel have access to that Personal Data;
(c) not transfer to or hold User Content containing Personal Data on servers or sites located outside of Australia, without written permission in advance from You;
(d) not use User Content to identify or attempt to identify an individual or to match the User Content in whole or in part with any other information for the purposes of identifying an individual; and
(e) ensure that all employees, officers, directors, agents, contractors, successors and assigns of RDA comply with the obligations set out in this clause as applicable to the provision of the Portal Services provided under this agreement.
You must comply with the Privacy Laws and all applicable regulations that apply to You. In particular You have the following obligations under this agreement:
(f) You warrant that any Personal Data that You disclose or transmit to the Portal Services has been collected by You in accordance with applicable Privacy Laws and that RDA is authorised to collect, store, disclose and use the Personal Data disclosed to Us by You for the purposes of this agreement;
(g) You are responsible for and warrant that You have the right to, or have otherwise obtained all consents, licenses, authorisations and approvals and made all disclosures required to enable You to collect, store, use, upload, reproduce, transmit and upload to the Portal Services User Content (including any Personal Data contained in the User Content) and to permit RDA to collect, store, use, upload, reproduce and transmit User Content (including any Personal Data contained in the User Content) for the purposes of this agreement, or otherwise for RDA to facilitate provision of the Portal Services; and
(h) You must not upload any User Content containing Personal Data that is not essential to provision of the Portal Services. This may include, but is not restricted to names, account numbers, health information, tax file numbers and driver’s license numbers.
RDA shall use reasonable commercial endeavours consistent with generally accepted industry standards to guard against unauthorised access to the User Content and Portal Services. You acknowledge that use of the Portal Services is not entirely without risk of unauthorised access.
4.7 Security Incident Notification
If RDA becomes aware, or reasonably suspects, that there has been any unauthorised access to or disclosure of or loss of User Content which is Personal Data (‘Data Breach’), We must give You written notice of the Data Breach as soon as practicable, and:
(a) We must undertake an expeditious investigation of the Data Breach and provide a report to You within 48 hours;
(b) RDA must at its own cost provide You with all reasonable assistance and comply with your reasonable instructions in respect of the containment, investigation, assessment and notification of the Data Breach; and
(c) if the Data Breach is assessed by RDA or You as comprising a Notifiable Data Breach, we will cooperate in good faith to agree the form and content of all notifications required to be provided.
5. General Terms
RDA reserves the right, at its sole discretion, to modify or replace any part of this agreement at any time. It is Your responsibility to check this agreement online periodically for changes, and we will make every effort to inform You with sufficient notice in advance of such changes occurring. your continued use of or access to the Portal Services following the posting of any changes to this agreement constitutes acceptance of those changes. RDA may also, in the future, change any aspect of the Portal Services, offer new service types, features and Content through the Quick Append Portal (including, the release of new tools and resources). Such new service types, features and Content shall be subject to the terms and conditions of this agreement and may be subject to additional costs for users.
RDA may terminate your access to all or any part of the Portal Services at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this agreement or your Quick Append Portal registration (if You have one), You may simply discontinue using the Quick Append Portal. RDA may terminate the Portal Services immediately as part of a general shut down of our services.
geoTribes may terminate this agreement if as a result of any act of a third party it is or may no longer be permitted or licensed to provide the Portal Services or Content or if in geoTribes’ reasonable opinion it is necessary to do so to comply with any law, regulation or legal obligation, or if geoTribes decides to withdraw the Portal Services from the market.
All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
5.3. Disclaimer of Warranties
The Portal Services are provided “as is”. geoTribes and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither geoTribes nor its suppliers and licensors, makes any warranty that the service or its functional components will be error free or that access thereto will be continuous or uninterrupted. You understand that you use geoTribes at your own discretion and risk.
5.4. Limitation of Liability
In no event will RDA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement or substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by You to RDA under this agreement during the twelve (12) month period prior to the cause of action. RDA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
5.5. General Representation and Warranty
You agree to indemnify and hold harmless RDA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Portal Services, including but not limited to your violation of this Agreement.
You also agree to indemnify RDA against all claims arising from your use of the Content or supply of the Content or access to the Services to third parties.
5.7. Dispute Resolution
If a dispute arises out of or relates to this agreement the parties must meet to resolve the dispute by negotiation. The place for that meeting shall be Sydney Australia.
If the dispute is not resolved within thirty (30) days of first notification by one party to the other of the particulars of the dispute the parties must endeavour to settle the dispute by mediation administered by the Australian Disputes Centre (ADC)(https://www.disputescentre.com.au/) before having recourse to litigation.
The mediation must be conducted in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation which are operating at the time the matter is referred to ADC.
This agreement constitutes the entire agreement between RDA and You and may only be modified by a written amendment signed by an authorised executive of RDA, or by the posting by RDA of a revised version. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent term breach. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RDA may assign its rights under this Agreement without condition. By using the Quick Append Portal, or Portal Services You agree to be bound to the terms of this Agreement.