Terms of Service
Last Updated: 27th January 2023
1. The Agreement
These terms of service (“terms”) are a binding legal agreement between you and Rialitycheck PTY LTD that govern your use of our websites, applications and other offerings (collectively referred to as the “Website”). When used in these terms, “Website”, “we”, “us” and “our”, refers to Rialitycheck PTY LTD (Australian Business Number 644 425 169). The terms “you” and “your” means any person using our Website, and any organization or person using the Wesbite on an organization’s behalf. Your use of our Website signifies that you agree to these terms of service. If you do not or are unable to agree to these terms, do not use our Website.
2. Your Account
2.1 Eligibility
Our Website is available for use by anyone aged 18 years or older.
2.2 Account Information and Security
When you purchase an item or register for an event on our Website, you provide us with some basic information, including an email address name and order address. You are required to ensure this information is accurate and up to date. It is also your responsibility to ensure the security of this information, and that you do not share your login details with anyone. You are responsible and liable for activities conducted through your account and must immediately notify the Website if you suspect that your credentials have been lost or stolen, or your account is otherwise compromised. If there is an issue with the security of your account, please email us at hello@rialitycheck.com.
2.3 License to Use Our Website and Services
Subject to your compliance with these terms of service, Rialitycheck PTY LTD grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use our Website in order to access and use the services and products that we provide to you.
2.4 Digital Products
Upon the purchase of a downloadable product from this Website, you will receive an email containing a link to complete your purchase, including a direct download for the product, if applicable.
Certain products on this Website may be available for access and use without the need for purchase or download. By downloading and using these products, you agree to assume full responsibility and risk. You also agree to indemnify and hold harmless Rialitycheck PTY LTD, our related entities, and personnel from any liability for any harm or loss resulting from the downloading and use of these products.
You acknowledge that it is your responsibility to ensure that you possess the necessary programs and hardware to access and utilize the downloadable products. The inability to do so does not qualify for a refund.
Given the nature of Digital Products, all orders placed and processed for Digital Products available for online purchase are strictly non-refundable. In the event that an incorrect Digital Product is sent, we will promptly send you the correct one at no additional cost. If the provided download link is not functioning, we will either send you the Digital Product directly or provide an alternative download link, also at no extra cost.
3. Our Role
Our role is to operate and promote the website, with the aim of helping makers manage their projects in a fun and unique way. Rialitycheck PTY LTD operates the website, enabling users to publish, manage, and search for Builds.
We aim to make the website an enjoyable experience for all users, but we cannot control the conduct of users. As operators of the Website, we have the right, but not the obligation, to monitor the use of the Website and to verify information provided by Members. We may also review, edit, disable access to and remove content in order to operate and improve the Website, and ensure it is a safe and enjoyable experience for all users. Members agree to cooperate and assist Rialitycheck PTY LTD, and to provide Rialitycheck PTY LTD with such information and take such actions as may reasonably be requested by Rialitycheck PTY LTD with respect to any investigation undertaken by Rialitycheck PTY LTD regarding the use of the Website.
4. Privacy
Rialitycheck PTY LTD collects registration and other information about you through our Website. Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties such as other Members of the Website.
5. Rules for Using Our Website
5.1 Our Policies and Guidelines
Your use of our Website must be in accordance with these terms as well as our Community Guidelines. You also agree to comply with all applicable laws and regulations, and to not violate or infringe the rights of any third party.
Access to certain areas of the website may be subject to additional terms, policies or guidelines. You may be required to accept these additional terms before you can access these areas. If there is a conflict between these Terms of Service and the additional terms, those additional terms shall apply to your use of those prescribed areas of the Website. When the Website uses third party services to provide certain features or services, you may be required to comply with the terms of service that apply to those features or services.
If you breach our Terms of Service, our policies or guidelines, or if you violate applicable laws or regulations, we may modify, suspend or terminate your account or access to the website, at our sole discretion. We may also suspend or remove listings, reviews and other content, and cancel pending or confirmed bookings. In such instances, we will notify you of the reasons for the modification, suspension or termination. If you wish to dispute the modification, suspension or termination, please email policy@rialitycheck.com.
5.2 Content
You are responsible for the content that you post to the Website or otherwise provide to Website. “Content” refers to all information, material and images posted to the Website or otherwise provided to us. Examples of this content include all comments, as well as all communication sent to Rialitycheck PTY LTD.
You agree that you have all the requisite permissions, rights and licenses to provide this Content to our Website and to Rialitycheck PTY LTD. Your Content must not include personal, private or confidential information belonging to others, and must not otherwise violate the rights of any individual or entity. If Content contains personal information, our Privacy Policy describes how we use that personal information.
Content must comply with these Terms of Service and our Community Guidelines, which prohibit any disturbing, obscene, offensive or violent Content; or any Content of a sexual nature or containing nudity.
5.3 Content License From You
Rialitycheck PTY LTD does not claim ownership of your Content. However, in order to operate, promote and protect Rialitycheck PTY LTD and our Website, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This expressly includes any and all photographs you post to our website or send to us. This license would permit your Content to remain on our Website, or to be used by us, even after you cease to be a Member of the Website.
5.4 Content of Others
Rialitycheck PTY LTD does not control the Content of other Members. When we become aware of inappropriate Content on our Website, we have the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other Members. If you wish to report inappropriate Content on our Website, please email abuse@rialitycheck.com.
5.5 Copyright
If you believe that Content on the Website infringes copyrights, please notify us at abuse@rialitycheck.com.
5.6 Interaction with Others
Rialitycheck PTY LTD is not a party to any offline arrangements made through our Website. We do not conduct or require background checks on Members, and we do not attempt to verify the accuracy of statements made by Members. Rialitycheck PTY LTD makes no representations or warranties concerning the Content or conduct of any Members or their interactions with you. If you have a concern regarding other Members, please email abuse@rialitycheck.com.
In using our Website, you agree to comply with our Community Guidelines, and at all times to act with integrity and to treat others with respect.
5.8 Reporting Other Users
If you wish to report another Member for failing to comply with these Terms of Service, or any of our policies or guidelines, or applicable laws, please email abuse@rialitycheck.com.
5.9 Use of the Website
You agree that you will only use the Website as authorized by our terms, policies and guidelines.
You agree to only use personal data collected from other users in accordance with applicable laws, rules and regulations. You agree (i) to only use such data solely for the purposes of facilitating a transaction using the Website, (ii) to safeguard such data from unauthorized access or processing, and (iii) to delete such data once it is no longer necessary for the administration of a hosted experience or promptly following a request from Rialitycheck PTY LTD.
You agree to use the Website and any Content it contains solely as necessary to enable your use of the Website. You agree not to use the Website, or Members’ personal information to send commercial messages without the recipient’s express consent.
You agree not to scrape, hack, reverse engineer, compromise or impair our Website. Specifically, you agree (i) not to use bots, crawlers or other automated means to access or obtain data or content from our website, (ii) not to hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Website or its Content, (iii) not to decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide our website, and (iv) not to engage in any activity that could damage or adversely affect the performance or proper functioning of the Website.
5.10 Prices and Payment
The prices displayed on the Website are inclusive of any applicable Australian Goods and Services Tax (GST) and are as advertised. Please note that the prices indicated on the Wesbite are subject to change without prior notice. If you have made a purchase of our products or services, you will be charged based on the price in effect at the time your order is validated.
We retain the right to modify or discontinue any product or service at any time, without notice. We shall not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of products or services.
7. Website Modifications
Rialitycheck PTY LTD may modify our Website at any time, and may discontinue any portion or all of our Website with or without notice and without liability to you or any third party.
8. Third Party Sites and Services
Our Website may contain links to, or integrations with, third party sites and services. Rialitycheck PTY LTD is not responsible for these sites and services, or their content. These third party sites and services may contain their own terms and policies, and your use of them will be governed by those terms and policies.
9. Release
To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, sponsors, and other third-party partners (“Rialitycheck PTY LTD Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other Members, or in connection with a physical event. The law in some countries and states do not allow their release, so these limits may not apply to you.
10. Force Majeure
Rialitycheck PTY LTD shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend (at Rialitycheck PTY LTD’ option), and hold all Rialitycheck PTY LTD Parties harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in connection with (i) your breach of our terms, policies or guidelines, (ii) your improper use of the Website, (iii) your content, (iv) your interaction with any member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (v) your failure, or our failure at your direction, to accurately collect, report or remit taxes, or (vi) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree to promptly notify us of any third party claims, cooperate with all Rialitycheck PTY LTD Parties in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, legal and accounting fees). You agree not to settle any claim without our prior written consent.
12. Warranty Disclaimer
We provide the Website and all content “as is” and on an “as available” basis, without warranty of any kind, and to the full extent permitted by law we disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For example:
(i) we do not warrant the performance, reliability, timeliness or accuracy of our website;
(ii) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Member or third party;
(iii) we do not warrant any information, advice, services, or goods obtained through or advertised on our website or by us, as well as for any information or advice received through any links to other websites or resources provided through the website;
(iv) we do not warrant the results that may be obtained through the website;
(v) we do not warrant the correction of any errors in the website;
(vi) we do not warrant any material or data obtained through the use of our website; and
(vii) we do not warrant dealings with or as the result of the presence of marketing partners or other third parties on or located through our website.
If you have statutory rights or warranties we cannot disclaim, the duration of such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
13. Limitation of Liability
To the full extent permitted by applicable law, you agree that in no event shall any Rialitycheck PTY LTD Parties, nor any other party involved in creating, producing or delivering the Website or any content, be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) the use of or inability to use the Website or any content (however arising, including our negligence), (iii) statements or conduct of or transactions with any Member or third party on the website, (iv) any other matter relating to our Website, whether or not Rialitycheck PTY LTD has been informed of the possibility of such damage, even if a limited remedy set out in these terms is found to have failed of its essential purpose.
Our liability to you or any third parties in any circumstance is limited to $100 US dollars, or the amount of fees, if any, you paid to us in the twelve (12) months prior to the action that may give rise to liability. The limitations set forth in this section 14 above will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. If applicable law does not allow the limitations of liability set out in these terms, the above limitations may not apply to you. If you are a member based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.
14. Intellectual Property
Our Website, and any content on the website, may be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge that all intellectual property for that content are the exclusive property of Rialitycheck PTY LTD and/or its licensors and you agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. Except as provided in these Terms of Service, you agree not to use our intellectual property without our prior written consent.
You may not use, copy, adapt, modify, license, sell, distribute, transfer, create derivative works of, publicly display or perform, transmit, broadcast or otherwise exploit any content accessed through the Website except to the extent that you are the legal owner of that content or as expressly permitted in these terms. Subject to your compliance with our terms, policies and guidelines, Rialitycheck PTY LTD grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and view the content made available on or through our Website solely for your personal and non-commercial use.
Rialitycheck PTY LTD respects the intellectual property of others and we may remove or disable access to any Content that we believe may infringe on the intellectual property rights of others.
15. No Agency
No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship between you and Rialitycheck PTY LTD is intended or created by this agreement. A Member of the Website is not our representative or agent, and may not enter into an agreement on our behalf.
16. Modification
Rialitycheck PTY LTD may modify these Terms of Service at any time. We will post these revised terms on our Website. The date of the updated terms will be at the top of these terms. If there are any material changes to the revised terms, we will also notify you via email or by placing a prominent notice on our website. If you do not agree to the revised terms, you may terminate this agreement immediately as provided in these terms. By continuing to use our website after any changes come into effect, you agree to the revised terms.
17. Term
This agreement between you and Rialitycheck PTY LTD reflected by these Terms of Service is effective when you access the Website (for example to create an account) and remains in effect until either you or we terminate this agreement in accordance with these terms.
18. Termination
You may terminate this agreement at any time by cancelling your account or by emailing policy@rialitycheck.com.
Rialitycheck PTY LTD may terminate this agreement and your account for any reason by giving you thirty (30) days’ notice via email or other contact details you provide in your account. We may also terminate this agreement immediately without notice and stop providing access to our website if you violate these Terms of Service, our policies or guidelines, or any applicable laws, or if we feel it is necessary in order to protect Rialitycheck PTY LTD, our members and our website for any reason. We may also remove accounts that have been inactive for an extended period of time.
When this agreement has been terminated, you are not entitled to a reinstatement of your account, and you may not rejoin the Website or gain access to the Website through another account or Member.
If we terminate your account or access to our website, this agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in section 22 will survive such termination.
19. Suspension or Modification
Rialitycheck PTY LTD may limit or temporarily or permanently suspend or modify your account (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body; (ii) if you have breached these Terms of Service, our Payment Terms, our other policies and guidelines, applicable laws, regulations or third-party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information; or (iv) if Rialitycheck PTY LTD believes in good faith that such action is reasonably necessary to protect the personal safety or property of Rialitycheck PTY LTD, its Members, or third parties, or to prevent fraud or other illegal activity.
20. Appeal
If we modify, suspend or terminate your account, we will notify you of the reasons for the modification, suspension or termination. If you wish to query or appeal such modification, suspension or termination, please email policy@rialitycheck.com.
21. Survival
Sections 6 (Privacy), 7.3 (Content License from You) and 10 through 29 of these Terms of Service, and any other provisions necessary to give effect to these provisions, shall survive termination or expiration of this agreement.
22. Dispute Resolution
23.1 Jurisdiction.
These Payment Terms will be governed by the laws of the State of Queensland, Australia.
23.2 Informal Resolution.
In the event of a dispute, claim or controversy (“claim”) arising out of your use of our Website, this agreement, or your attendance or participation in a hosted experience, you and Rialitycheck PTY LTD agree to try and reach a resolution through good faith discussions. You or Rialitycheck PTY LTD may initiate this process by sending written notice detailing the dispute and your proposed resolution. In the event that we cannot resolve the dispute within thirty (30) days following receipt of the written notice, you or Rialitycheck PTY LTD may bring a claim in accordance with this Section 23.
23.3 Legal Proceedings.
Legal proceedings for disputes that cannot be resolved by informal resolution shall be brought before the Tribunal and/or courts in the State of Queensland, Australia, unless we both agree to some other location. You and Rialitycheck PTY LTD both agree to submit to the non-exclusive jurisdiction of the Tribunal and/or courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement. Members based in the European Union may have additional or different rights, as provided by applicable law.
24. Class Action Waiver
You agree to resolve disputes with Rialitycheck PTY LTD on an individual basis, and you agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You expressly waive any right to participate in class action lawsuits, class-wide arbitrations, private attorney general actions, and or any other representative or consolidated proceedings.
25. Interpreting these Terms of Service
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Service constitute the entire agreement between you and Rialitycheck PTY LTD regarding your access to or use of our Website, and supersede any and all prior oral or written understandings or agreements between you and Rialitycheck PTY LTD regarding such use. These terms do not and are not intended to confer any rights or remedies upon anyone other than you and Rialitycheck PTY LTD.
26. Severance
If any provision in these Terms of Service is found to be illegal or unenforceable by a court of law, you and Rialitycheck PTY LTD nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions in this agreement will remain in full force and effect.
27. No Waiver
Rialitycheck PTY LTD’ failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged or agreed to by us in writing. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise permitted under law.
28. Assignment
You may not assign, delegate or transfer this agreement or your rights and obligations hereunder without our prior written consent. Rialitycheck PTY LTD may without restriction assign, delegate or transfer this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
29. Notices
Except as otherwise stated in these terms or as expressly required by law, any notice to us shall be given by certified postal mail to Rialitycheck PTY LTD, PO Box 394, Paddington QLD 4064 Australia, or by email to policy@rialitycheck.com. Any notice to you shall be given to the most current email address in your account.