Terms of Service

1. Who we are and where we operate

Audience Direct is operated by Audience Direct. The service is offered in Australia only. It is intended for use by businesses and by individuals acting in the course of a business, and it is not directed at consumers outside Australia.

2. Your account

You must give accurate registration details and keep them current. You are responsible for activity under your account and for keeping your credentials secure. Tell us promptly at support@audiencedirect.com.au if you believe your account has been accessed without your authority. We strongly recommend enabling a second factor.

You must be at least 18 years old to hold an account.

3. The service

Audience Direct lets you describe an audience, see how many individuals match, and deliver the resulting audience to a connected advertising platform. We provide the platform and the underlying data; we do not provide the advertising, and we are not your agent in dealing with any advertising platform.

Audience counts are estimates produced from our data at the time you run them. They are not a guarantee of the number of individuals an advertising platform will match or reach — platforms apply their own matching, minimum sizes and eligibility rules that we do not control.

4. Credits, prices and GST

• Use of the data is paid for with credits, bought in advance.
• Prices are quoted exclusive of GST unless we say otherwise. GST is added at the rate required by law and is shown to you before you pay. Your invoice states the GST-exclusive amount, the GST, and the total.
• Credits expire 12 months after purchase. Expiry is shown in your wallet. Expired credits are not refundable and are not reinstated.
• Credit prices are tiered by volume. The price that applies is the one shown at the time you confirm the purchase.
• Credits have no cash value, cannot be transferred between accounts, and cannot be exchanged for money except where the Australian Consumer Law requires it.

We may change our prices. A change does not affect credits you have already bought.

5. Your obligations when using the data

This section is the important one. The data you reach through Audience Direct is personal information about real people, and how you use it is your responsibility.

You must:

• Comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, the Spam Act 2003 (Cth) for email and SMS marketing, and the Do Not Call Register Act 2006 (Cth) for telephone marketing.
• Have a lawful basis for each marketing communication you send, including consent where the law requires it, and honour unsubscribe and do-not-call requests promptly.
• Identify yourself accurately as the sender in every communication and provide a functional unsubscribe facility.
• Keep your own privacy policy accurate about how you obtain and use audience data.

You must not:

• Attempt to extract, export, scrape or reconstruct the underlying database, or use the service to build a competing dataset.
• Use the data to target individuals on the basis of sensitive information as defined in the Privacy Act, or in a way that is discriminatory, harassing, deceptive or unlawful.
• Re-sell, sub-licence or otherwise pass the data to a third party.
• Use the service to send communications about goods or services that it would be unlawful to promote.
• Circumvent credit charging, rate limits, or any access control.

6. Advertising platforms and Meta Custom Audiences

Where you connect an advertising account and deliver an audience to it, you are also bound by that platform's own terms. For Meta this includes Meta's Custom Audiences Terms and Business Tools Terms.

By delivering an audience to Meta through Audience Direct, you represent and warrant that:

• You have accepted Meta's Custom Audiences Terms and have all rights, permissions and consents necessary to provide the data for that purpose.
• You will not include sensitive information, information about anyone under 18, or data you are not permitted to disclose.
• You will not use a Custom Audience to make decisions about credit, employment, housing, insurance, or any other decision the platform's policies prohibit.
• You will comply with any request from us or from the platform to stop using, or to delete, an audience.

Contact details are hashed before they are transmitted to Meta. Once an audience reaches an advertising platform it is handled under that platform's terms and privacy policy, and we no longer control it.

We may suspend or remove a connection, or refuse a delivery, where we reasonably believe it would breach a platform's terms or the law.

7. Individuals' rights come first

If an individual asks us to remove them from our database, we will do so, and their details will stop appearing in audiences built after that point. You must not re-add an individual we have told you has opted out, and you must honour any opt-out they make directly to you. See our opt-out page and our privacy policy.

8. Intellectual property

The platform, its software, and the compiled database remain ours or our licensors'. Buying credits buys you a limited, non-exclusive, non-transferable right to use the data for your own marketing within these terms, for as long as this agreement lasts. It does not transfer ownership of anything.

What you upload remains yours, and you grant us only the licence needed to run the service for you.

9. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

10. Limitation of liability

Subject to section 9, and to the extent the law permits:

• We provide the service on an "as is" basis and do not warrant that it will be uninterrupted, error-free, or that audience counts or match rates will meet your expectations.
• Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings.
• Our total liability arising out of or in connection with this agreement is limited, in aggregate, to the amount you paid us in the 12 months before the event giving rise to the liability.
• Where the Australian Consumer Law permits us to limit liability for a failure to comply with a guarantee, our liability is limited at our option to resupplying the service or paying the cost of having it resupplied.

We are not liable for how you use an audience, for your communications with individuals in it, or for any penalty imposed on you for breaching the Spam Act, the Do Not Call Register Act, the Privacy Act or an advertising platform's terms.

11. Indemnity

You indemnify us against loss we suffer arising from your breach of section 5, section 6 or section 7 — that is, from your use of the data or your dealings with an advertising platform. This does not apply to the extent the loss was caused by our own breach or negligence.

12. Suspension and termination

You may close your account at any time. We may suspend or terminate your access where you materially breach these terms, where we are required to by law or by an advertising platform, or where we reasonably suspect fraud or misuse. Where it is practical and lawful to do so, we will tell you first and give you a chance to fix the problem.

If we terminate without cause, we will refund credits you have bought and not used. If we terminate for your material breach, unused credits are forfeited except to the extent the Australian Consumer Law provides otherwise. Sections 8, 10, 11 and 14 survive termination.

13. Changes to these terms

We may change these terms. Where a change materially affects your rights we will give you reasonable notice before it takes effect. If you do not accept a material change, you may close your account and we will refund credits you have bought and not used.

14. Governing law

This agreement is governed by the laws of the State or Territory of Australia in which Audience Direct has its principal place of business, and each party submits to the non-exclusive jurisdiction of the courts of that place.

15. Contact