1. About these terms
These terms form a binding agreement between you and Hoardly (Hoardly, we, us) covering your use of the Hoardly marketplace as an advertiser — someone looking to book advertising space.
By creating an account or submitting a booking you accept these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and “you” means that company.
Media owners listing space are covered by a separate agreement, not these terms.
2. Our role — please read this one
Hoardly is a marketplace. We are not the owner or operator of the advertising space you book. Each space is listed, priced and controlled by an independent third party (a Partner or media owner).
When a Partner accepts your booking, a contract for that advertising space is formed between you and the Partner. We provide the platform, handle the booking workflow and invoicing, and act as a facilitator — we are not a party to that contract.
It follows that we do not control, and do not warrant, the accuracy of listing information, the condition or visibility of a site, audience or impression figures, or whether a Partner performs. We do review listings before they go live, but that is a basic check, not a guarantee.
3. Your account
You must be at least 18 and able to enter a binding contract. Keep your details accurate and your password confidential — you are responsible for everything done through your account.
Tell us promptly at support@hoardly.com.au if you suspect unauthorised use.
4. How a booking works
- Expression of interest. You choose a space, dates and a proposed weekly rate, and submit an expression of interest (EOI). An EOI is an offer, not a confirmed booking, and does not reserve the space.
- Negotiation. The Partner may accept, decline, or come back with different terms. Either side may withdraw before acceptance.
- Acceptance. When the Partner accepts, the booking becomes a contract between you and the Partner on the agreed dates and rate, and an agreement is generated.
- Artwork. You supply creative, which the Partner reviews. A Partner may reasonably reject artwork; if so, you may supply replacement artwork within the time available before the campaign starts.
Listings and availability change constantly. A space showing as available is not reserved until a Partner accepts your booking.
5. Prices, fees and GST
Prices are shown in Australian dollars, usually as a weekly rate. The total for a booking is calculated from the rate and the campaign period, plus any production fee and our service fee, each shown before you confirm.
Amounts are stated inclusive or exclusive of GST as indicated at checkout. Where GST applies, a compliant tax invoice is issued.
Our service fee is the amount shown in the booking summary at the time you submit. It covers use of the platform and is separate from the amount payable for the space itself.
6. Payment
Invoices are issued to the payment schedule shown on your booking. Payment is due by the date on each invoice.
If an invoice is unpaid past its due date we may pause or withdraw the campaign, decline new bookings, and recover reasonable costs of collection. Where a campaign has not yet started, the Partner is not obliged to begin display until payment is received.
Card payments are processed by our payment provider. We do not store your card number.
7. Your artwork and content
You keep all intellectual property in the artwork you supply. You grant:
- us a non-exclusive licence to host, store and transmit your artwork so we can run the service; and
- the Partner a licence to reproduce and display it on the booked space for the campaign period.
You warrant that your artwork:
- is yours to use, and does not infringe anyone’s rights;
- complies with Australian law and the applicable advertising codes, including the AANA Code of Ethics and any industry code for the relevant category;
- is not misleading or deceptive, or likely to mislead or deceive; and
- is not defamatory, obscene, discriminatory, or otherwise unlawful or reasonably likely to cause serious offence.
We and the Partner may refuse or remove artwork that breaches these warranties, or that a landlord, council or regulator objects to. Where artwork is removed for that reason, fees already incurred for display time remain payable.
8. Changes and cancellations
Before a Partner accepts, you may withdraw an EOI at no cost. After acceptance, changes and cancellations are governed by the booking agreement between you and the Partner.
Out-of-home inventory is time-based and cannot be resold once a period has passed, so cancellation close to or during a campaign will usually still attract charges.
If a Partner cannot deliver a campaign — for example the site becomes unavailable — they should offer a replacement period, an alternative site or a refund of amounts paid for the undelivered period. We will help facilitate that, but the obligation sits with the Partner.
9. Acceptable use
You agree not to:
- use the marketplace for anything unlawful, or to book space for an unlawful campaign;
- approach Partners to complete a booking off-platform in order to avoid our fees, where the introduction was made through Hoardly;
- scrape, copy or republish listing data, imagery or pricing without our written consent;
- interfere with the service, attempt to gain unauthorised access, or probe our security without written authorisation; or
- impersonate anyone, or misrepresent the brand or business you act for.
10. Our intellectual property
The Hoardly platform, brand, logo and site content are owned by us or our licensors. We grant you a limited, revocable, non-transferable licence to use the marketplace for its intended purpose. Nothing here transfers ownership.
11. Liability and your consumer rights
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. If you are a consumer under that law, our goods and services come with guarantees that cannot be excluded.
Where we are permitted to limit our liability, our total liability to you for all claims connected with the service is limited, at our option, to resupplying the service or paying the cost of having it resupplied — and in any event will not exceed the total service fees you paid us in the twelve months before the claim arose.
To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings — including where a campaign underperforms, a site is obstructed or damaged, or a Partner fails to perform.
12. Indemnity
You indemnify us against claims, loss and reasonable costs arising from your artwork, your breach of these terms, or your breach of any law — except to the extent we caused the loss.
13. Suspension and termination
You may close your account at any time. We may suspend or close an account that breaches these terms, that we reasonably suspect of fraud, or where required by law. Where practical we will give notice and an opportunity to fix the problem first.
Ending your account does not affect bookings already confirmed, or amounts already owing.
14. Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from them.
15. Changes to these terms
We may update these terms as the service develops. The date at the top shows the current version. For material changes we will give reasonable notice by email or on the site. Bookings already confirmed continue under the terms that applied when they were accepted.