Terms and Conditions

  1. Definitions and Interpretation
    1. In this agreement the following words and expressions have the following meanings:
      1. 'client' means you;

        ‘Realview intellectual property’ means all copyright in any software, code or content in any website owned or maintained by Realview, know how, designs (whether or not registered), trademarks, patents, and trade secrets, methodology, copyright in designs and specifications for software, artwork, copy and other work produced by Realview in the course of supplying the services, copyright in any other material (including but not limited to any instructions and whether in written or electronic form), source code, the right to have confidential information kept confidential; and any application or right to apply for registration of any intellectual property and any modifications or enhancements thereto;

      2. ‘services’ means:

        (a) the conversion of PDF files supplied by the client containing the publication referred to in the client booking form into DjVu files (“DjVu files” or “DjVu documents”), JPEG (“JPEG files” or “JPEG documents”) and PNG (“PNG files” or “PNG documents”) provided by Realview pursuant to this agreement. Collectively the files and documents will be called “Web Documents”; and (b) the provision of access to a Realview designated server for the purpose of accessing, viewing and searching the Web Documents as converted by Realview; and
        (c) a non-exclusive license to the client to use the software associated with the provision of the Services (“the software”) in accordance with the purpose for which Realview produces such software for the Term of this Agreement; and
        (d) any other services specified in the client booking form or otherwise agreed between the parties in writing from time to time for Realview to supply pursuant to this agreement at the request of the client.

      3. ‘term’ means 14 days from the date of entering this agreement;
  2. Provision of Services
    1. Subject to the client complying with all terms of this agreement Realview will provide the services.
    2. Realview may terminate the services immediately for any reason.
  3. Client’s Facilities
    1. The client shall be responsible for providing its own facilities (including terminal, hardware, software, modem and telecommunications facilities) necessary for accessing the services.
    2. Realview accepts no responsibility for any deficiency in the client’s equipment or access facilities.
  4. Limitation of Liability
    1. This clause applies to limit Realview’s liability and takes precedence over every other clause in this agreement.
    2. Realview does not warrant that the services or the functions contained in the services will meet the client’s requirements, operate without interruption or be error free.
    3. A party is not liable to any other party under this agreement or under general law to the extent that any loss or damage is caused or contributed to:

      (a) by the negligence of that other party, its servants, agents and contractors;
      (b) by any breach by that other party, its servants, agents or contractors of the terms and conditions of this agreement.

    4. The service is supplied on an 'as is' basis and comes with no warranties expressed or implied.
    5. Realview shall in no circumstances be liable to the client or any third party for any loss of revenue, profits or indirect economic loss caused by or arising from the supply of the services or the use of the services by the client or any third party.
    6. All statutory warranties and warranties implied by law on the part of Realview are hereby excluded to the fullest extent permitted by law.  Where the Competition and Consumer Act implies or imposes a condition, warranty or guarantee which cannot be excluded and Realview is liable to compensate the client or any third party as a result of a breach of such condition, warranty or guarantee or as a result of any other breach of this agreement or any negligence, then Realview’s maximum liability, however arising, is limited to the extent permitted by law as follows:

      1. in the case of goods

        (i)  the replacement of the goods or the supply of equivalent goods;
        (ii)  the repair of the goods;
        (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        (iv) the payment of the cost of having the goods repaired; and

      2. in the case of services, the supplying of the services again.
  5. Security and Confidentiality
    1. The client must take all reasonable steps to ensure that, to the extent that the customer has access to the software or any other Realview intellectual property none of the source code of the software or any other Realview intellectual property is copied, altered, modified, reproduced, published, transferred, reverse assembled or reverse compiled by the customer or anyone with its authority.
    2. The client agrees to restrict access to and knowledge of the software, any other Realview intellectual property and any other confidential information with respect to the services and the software which has been identified by Realview as confidential at the time of its supply to those employees of the client who need to access such information in order to enable the client to use the software. The client shall keep such information confidential.
    3. Notwithstanding clauses 6.1 and 6.2, the client's confidentiality obligations (in its capacity as a receiver of Realview’s confidential information) does not extend to information which:

      (a) becomes publicly available without fault of the client;
      (b) is legally obtained by the client from a third party without restriction as to disclosure;
      (c) is required to be disclosed as a matter of law, in which case such disclosure must be made in a manner that complies with that law.

  6. Indemnity
    1. The client agrees to indemnify Realview for any costs, losses, expenses or liabilities sustained or incurred by Realview in connection with any claim by any third party for:

      (a) breach of copyright,
      (b) breach of privacy laws,
      (c) defamation, or
      (d) breach of any other laws
      arising directly or indirectly from the contents of any material provided to Realview by the client for the purpose of this agreement.

  7. Law
    1. The parties agree that the services are provided by Realview in the State of New South Wales and that this agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales Australia and the parties agree to submit to the exclusive jurisdiction of the courts and tribunals of that State.
  8. Waiver
    1. No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
  9. Severability
    1. Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
  10. Privacy and Consent to Promotional Material
    1. Realview collects personal information about the client in order to provide the service and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors or service providers. Receipt of the service is conditional on providing all requested information. Subject to complying with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth), Realview may for an indefinite period, unless otherwise requested by the individual, use the clients' personal information for ongoing promotional, marketing, research, profiling and publicity purposes, without further reference or compensation, including sending electronic messages or telephoning the client, and the client expressly consents to these things. Realview will not sell or (subject to these terms) transfer the client's personal information. The client should direct any request to access, update or correct their personal information or to opt out of receiving commercial electronic messages to Realview at info@realview.com.au. For further details, please see Realview's Privacy Policy available at www.realviewdigital.com.
    2. The client acknowledges and agrees that Realview may place advertisements or promotional material for Realview or 3rd parties in or in close proximity to the client materials displayed in the Realview viewer.
  11. Client Material
    1. The client warrants that it owns all relevant intellectual property rights in any material, (including without limitation any photograph, artwork written work or other publication) provided to Realview by the client for the purpose of this agreement ("client materials").
    2. In consideration of the services, each entrant hereby grants Realview an irrevocable, non-exclusive, royalty-free, perpetual licence to use any client materials for the purpose of providing the services and for ongoing promotional, marketing and publicity purposes, without further reference or compensation to the client.