Last Updated on November 27, 2012
These terms and conditions (the “Terms”) govern your access to and use of Real Media’s websites and mobile applications that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Real Media Pty. Ltd., a company registered in the state of New South Wales, Australia (“Real Media”). If you are unwilling or unable to be bound to any of the Terms or any subsequent changes to them, or become dissatisfied with your use of Site or the services it provides in any way, your agree to immediately stop using the Site and its services.
1. DEFINITIONS
A. Parties
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to Real Media Pty Ltd.
B. Content
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Real Media Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Local Assist or its users, which is made available in connection with the Site. “Site Content”means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Real Media Content.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. The most current version of these Terms will be located on this page. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms.
You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. TRANSLATION
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Real Media, and any inconsistencies among the different versions will be resolved in favour of the English version.
4. USING THE SITE
A. Eligibility
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
B. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
You may be directed to create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Real Media.
As a user of the Site you must provide us with complete, up to date and accurate information as requested and it is your responsibility to inform us of any changes to that information. All personal information you provide to us as a user will be treated in accordance with our Privacy Policy. Please read our Privacy Policy for more information.
E. Communications from Local Assist and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighbourhood. You can opt-out of non-essential communications by following a link at the bottom of the communication.
Emails sent by the website or through the website are considered a part of the Site and are subject to these Terms.
5. CONTENT
A. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use and authorise the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Real Media.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub=licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Real Media and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use,
copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialize, and prepare derivative works of Your Content.
C. Ownership
As between you and Real Media, you own Your Content. We own the Real Media Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ( “IP Rights”) associated with the Real Media Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Real Media Content in whole or in part except as expressly authorised by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Local Assist Content are retained by us.
D. Advertising
Real Media and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Content Feeds
We make some of the Site Content (“Feed Content”) available via Real Simple Syndication and Atom feeds (“Feeds”). You may
access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Real Media’s websites, and attributes Real Media as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Real Media promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Real Media’s systems. Real Media reserves all rights in the Feed Content and may terminate the Feeds at any time.
F. Other
User Content (including any that may have been created by users employed or contracted by Real Media) does not necessarily reflect the opinion of Real Media. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines.
We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
6. RESTRICTIONS
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
(i) Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
(ii) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(iii) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
(iv) Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Real Media;
(v) Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
(vi) Solicit personal information from minors, or submit or transmit pornography; or
(vii) Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
(i) Violate the Terms;
(ii) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Real Media;
(iii) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
(iv) Reverse engineer any portion of the Site;
(v) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
(vi) Record, process, or mine information about other users;
(vii) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
(viii) Reformat or frame any portion of the Site;
(ix) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Real Media’s technology infrastructure or otherwise make excessive traffic demands of the Site;
(x) Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
(xi) Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
(xii) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
(xiii) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security
of, or otherwise cause harm to, the Site or Site Content; or
(xiv) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
7. GUIDELINES AND POLICIES
A. Content Guidelines
You represent that you have read and understood our Content Guidelines.
B. Privacy
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to:
(i) take action regarding suspected illegal activities;
(ii) enforce or apply our Terms and Privacy Policy;
(iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
(iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
If you use the Site outside of Australia, you consent to having your personal data transferred to and processed in Australia.
C. Copyright And Trademark Disputes
Please see our Infringement Policy for information about copyright and trademark disputes.
D. Events
Please see our Event Terms and Conditions for information about events listed on or linked to on the Site. You represent that you have read and understood them.
8. LOCAL ASSIST DEALS AND LOCAL ASSIST ADVERTISING
If you purchase a Real Media Deal or Gift Certificate, the terms of your purchase will be governed by the Local Assist General Terms for Deals and Certificates. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the Real Media General Terms for Deals and Certificates and these Terms, the Real Media General Terms for Deals and Certificates will prevail.
Similarly, if you create a business owner’s account on the Site or purchase advertising from Real Media, the Real Media Advertising Agreement will apply. In the event of any conflict between the Local Assist Advertising Agreement and these Terms, the Real Media Advertising Agreement will prevail.
9. NO AGENCY
Both the parties are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by these Terms or your use of our Sites or our services.
10. SUGGESTIONS, IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that:
(i) your Feedback does not contain the confidential or proprietary information of third parties;
(ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback;
(iii) we may have something similar to the Feedback already under consideration or in development; and
(iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Local Assist and its users any claims and assertions of any moral rights contained in such Feedback.
11. REVIEWS
The Site may contain a feature whereby we allow users of the Site to rate and comment (“Reviews”) on:
(i) the Site’s business users whose business services they have contracted;
(ii) the advertisers, listed business, venues, locations and events on the Site
We reserve the right to publish or not to publish those reviews) on the Site at our absolute discretion.
We reserve the right to delete or modify reviews submitted on the Site at any time for any reason.
We will delete or modify if it is clear that, in our opinion, the review is factually incorrect or does not relate to the provision of business services by the business to the user who submitted feedback.
We reserves the right to aggregate each businesses review into a percentage score and publish that score on the Site.
You acknowledge and agree that we accept no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you, by these Terms, release forever and indemnify us from any liability it may incur arising out of (whether directly or indirectly) any review you post on the Site.
Further you agree that, if you or anyone else commences or threatens any action or proceeding us or makes any claim or demand against us as a result of any feedback you submit to the Site, we may, in our absolute discretion, without any notice to you immediately cancel or suspend your membership of the Site.
12. THIRD PARTIES
The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.
Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(i) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(ii) you do not misrepresent your relationship with this website; and the website from which you link to the Site does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to the Site in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
13. INDEMNITY
You agree to indemnify, defend, and hold Local Assist, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Real Media Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Local Assist reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of Real Media. Real Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE LOCAL ASSIST ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE LOCAL ASSIST ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE LOCAL ASSIST ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE REAL MEDIA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S IN-OPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
B. THE REAL MEDIA ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE REAL MEDIA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
C. THE REAL MEDIA ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE REAL MEDIA ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D. THE INFORMATION, OPINIONS AND OTHER SIMILAR STATEMENTS AND CONTENT PUBLISHED ON THE SITE ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED AS, NOR DO THEY CONSTITUTE LEGAL, FINANCIAL, TAXATION, TECHNICAL OR EXPERT ADVICE OR TO BE IN ANY WAY RELIED UPON BY YOU WITHOUT UNDERTAKING YOUR OWN INDEPENDENT VERIFICATION. INFORMATION PROVIDED ON THE WEBSITE HAS BEEN DERIVED FROM SOURCES BELIEVED TO BE ACCURATE AT THE TIME OF COMPILATION AND NO WARRANTY OR REPRESENTATION IS MADE AS TO THE ACCURACY OR AUTHENTICITY OF THE CONTENT OF THE WEBSITE.
E. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
F. THE REAL MEDIA ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE REAL MEDIA ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
G. THE REAL MEDIA ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) HARM OF REPUTATION, OR (v) LOSS OF INFORMATION OR DATA.
H. YOU AGREE TO ACCEPT THE SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT WE HOLD NO RESPONSIBILITY FOR THE LEGALITY OF THE ACTIONS OF USERS OF OUR SITES OR OUR SERVICES.
I. WE RESERVE THE RIGHT TO RECORD PHONE CALLS BETWEEN YOU AND US, OUR EMPLOYEES OR AGENTS FOR TRAINING PURPOSES.
15. CHOICE OF LAW AND VENUE
The laws of the state of New South Wales will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Real Media (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED CLOSEST TO SYDNEY, NEW SOUTH WALES.
16. TERMINATION
A. You may terminate the Terms at any time by closing your account and discontinuing your use of the Site. Please review our Privacy Policy for information about what we do with your account when terminated.
B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
17. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on Real Media’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Real Media’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
I. Any controversy or claim arising out of or in connection with these Terms and the use by parties of our Sites may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
J. Except as explicitly stated otherwise, any notices shall be given by email to Real Media Pty Ltd on the following email: [email protected].
18. CONTACT DETAILS
For any further information please email [email protected]
Copyright © 2014 Real Media Pty Ltd, Level 40, 2 Park Street Sydney NSW 2000
Australia.
