Terms and Conditions

These are the PanelHype Terms and Conditions of Use. These Terms and Conditions cover all services offered under the PanelHype brand, as well as all ancillary services.

We may change all or part of the Terms and Conditions of Use at any time. If we do, the new Terms and Conditions of Use will be posted on this page. Your subsequent or continued use of the PanelHype service will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to discontinue your use of the service.

Definitions

PanelHype means PanelHype Pty. Ltd (ACN 602 304 709) and its subsidiaries.

Service means PanelHype's software and hardware systems that collectively form the PanelHype service covered under these Terms and Conditions of Use and includes (but is not restricted to) websites, web applications, mobile applications, intellectual property, and designs.

Agreement means these Terms and Conditions of Use, the PanelHype privacy policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time;

Data means information including text, video, still images, audio or other material that is hosted, shared, published, posted, stored or uploaded on the Service as permitted under this Agreement.

User means any person or entity that uses the PanelHype service.

Advertiser means a User that creates at least one Advertisement using the PanelHype Service

Advertisement means a digital package consisting of media (images, video, etc), a schedule, bids and a collection of target Sites.

Site Owner means a User that registers at least one Site on the PanelHype Service

Site means a physical location that a User registers with the PanelHype Service for the purpose of displaying advertisements

Requirements of Use

To access our services, you are required to open an account with us.

When opening an account, you must provide us with accurate, complete and up-to-date information, as requested. It is your responsibility to inform us of any changes to your information.

We reserve the right to, at our sole discretion, suspend or terminate your membership or access to all or any part of the PanelHype Service if we believe you are abusing the services in any way, have breached these Terms and Conditions or are no longer an active member.

Users are responsible for maintaining confidentiality of account, username and password information. The Owner is not responsible for any unauthorised transactions made through a User’s account. If you are accessing and using an account on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions. By opening an account you represent and warrant that the information provided is true and correct.

Our Services

PanelHype provides software to facilitate the provision of services between third parties. PanelHype is not an advertising agency, and we do not accept any liability as such. PanelHype provides a service for independent third parties to connect. PanelHype reserves the right to deny services to any User at any time. The ability to use the Service is dependent upon your access to the Internet.

User Representations and Warranties

You represent and warrant that all information provided to PanelHype is true and correct and not false or misleading. USING THIS SERVICE FOR ILLEGAL PURPOSES OR TO FACILITATE ILLEGAL CONDUCT IS PROHIBITED. You agree to use the Service in accordance with this agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to PanelHype.

You agree to use the Service in in good faith and in a manner that is safe to yourself and others at all times. You agree to comply with all legislative requirements, including, without limitation, obligations under applicable work and OH&S Laws; road safety and road traffic Laws; Consumer Laws; Taxation Laws and other licensing requirements.

By using this Service you warrant and represent that you with comply with all laws and legal obligations including but not limited to:

  • advertising and media broadcast
  • retaining records of income
  • operating a business
  • taxation requirements; and
  • vehicle registration and roadworthy requirements (where applicable).

It will be a breach of these terms to use the Service for illegal or unauthorised purposes, and if you make a false declaration when using the Service.

You agree that you will not use the Service in a way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading; infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Service or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Service or otherwise breaches or encourages other users to breach these Terms and Conditions; violates any law; or encourages or incites any other person to engage in any of the above behaviour.

You also agree that you will not use technology or other means that is not authorised by PanelHype to access the Service; Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Service; Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Service; Gain or attempt to gain unauthorised access to the Service including the networks or user accounts; or attempt to or engage in conduct that damages, disables, overburdens, or impairs the Service, servers or networks.

Site owner obligations

Site Owners have additional and special obligations under these Terms and Conditions.

As a Site Owners you agree to accurately present and display your site, including all panels, in line with your Site's public profile, and you agree to update your profile whenever any information changes.

You agree to only display advertisements when your panels are switched on and that panel placement is as described by your site profile and visible to foot traffic stated in your site profile.

You agree not to use technology or other means to attempt to derive advertising income dishonestly including through the use of automated software or scripts or through display of advertisements not in accordance with your Site profile.

You understand that by triggering the display of advertisements Advertisers will be charged money as a result and that failure to comply with any of the above requirements can result in suspension or termination of your account. You agree that suspension or termination of your account may result in the forfeiting of any money earned.

You agree not to hold PanelHype responsible for the effects of prolonged display of static images on any of the panels that you own or use, including but not limited to effects such as "screen-burn" and "ghosting".

You agree to PanelHype's 20% commission on all advertising revenue generated by your site and that this commission will be automatically deducted from your advertising income.

Advertiser obligations

Advertisers have additional and special obligations under these Terms and Conditions.

As an Advertiser you agree to not to use the PanelHype Service to promote or distribute material that is illegal or offensive at the target Site or location. You acknowledge and agree that it is your sole responsibility to ensure you are familiar with applicable laws within the jurisdictions that you target your advertisements for display. PanelHype does not accept responsibility for any liability associated with Advertisements that you create and you agree that you are fully responsible for your own actions when using the Service.

You agree to fully indemnify and hold PanelHype harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with all PanelHype Services, including any breach by you of these Terms and Conditions.

Data

Whilst we take all reasonable steps to ensure the security of data, all Data that you enter into the PanelHype Service is done so at your own risk. You agree that this Data will be stored by necessary means to provide the service. This includes, but is not limited, geographic location, storage method, replication, and backup.

Disclaimer

Except where expressly stated otherwise, material is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any material provided will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on any information provided by the PanelHype Service, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that PanelHype is not responsible for, and accepts no liability in relation to, any other users’ use of, access to or conduct in any circumstance.

Relationship

You acknowledge that by you are not in a partnership with PanelHype, there is no joint venture or franchise arrangement and nothing in this Agreement gives rise to or creates an employer/employee relationship. You are registering to use the Service as an independent third party. You may not claim, or hold yourself out to any person as having any relationship, authority, right or entitlement to represent or act as agent of PanelHype or to have any interest or shareholding in PanelHype at any time.

Limitation of liability

You use all PanelHype Services at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of PanelHype Services that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

  1. in the case of services supplied or offered by us:
    1. the re-supply of those services; or
    2. the payment of the cost of having those services re-supplied; and

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via PanelHype Services, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, Data or opportunity) of whatever nature howsoever arising in connection with any service offered as part of the PanelHype Service offering.

Indemnity

You agree to fully indemnify and hold PanelHype harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with all PanelHype Services, including any breach by you of the Conditions.