1. About These Terms
1.1 These Terms govern Are Media Pty Ltd (ABN 18 053 273 546) (“Are Media”, “we”, “us”) providing the CAPI Services to you (“Client”, “you”, “your”).
1.2 By executing an Insertion Order referencing CAPI Services or enabling CAPI Services, you accept the Terms below, which supplement AreMedia’s advertising terms and any Insertion Order.
2. Definitions
a) “Are Media Data Set” – means visitor event data collected via Tags on Are Media Properties and made available to the Platform Provider to facilitate the CAPI Services to you.
b) “CAPI Services” – means the provision of the Are Media Conversions API which facilitates the conversion tracking of visitors to Client Properties, matching those visitors with visitors to Are Media Properties, via the Platform, and providing the Conversion Reports, whilst respecting user consent and privacy.
c) “Client Properties” – means websites or apps owned or operated by you on which you place Tags with our approval for the purposes of receiving the CAPI Services.
d) “Client Data Set” – means visitor event data collected via Tags on Client Properties. The Platform Provider will not disclose the Client Data Set to us unless matched with the Are Media Data Set.
e) “Conversion Data” – means visitor event data arising from the matching of the Are Media Data Set with the Client Data Set via the Platform. For clarity, Conversion Data is proprietary to Are Media and you have no rights to such data.
f) “Conversion Reports” – means aggregate reporting about Conversion Data, as may be provided to you from time to time. For example, that a certain number of visitors clicked on an advertisement on an Are Media Property and then also visited a Client Property.
g) “Are Media Properties” – means digital assets (such as websites or mobile applications) owned or operated by Are Media or its Related Bodies Corporate.
h) “Insertion Order” or “IO” has the meaning set out in our Advertising Terms.
i) “Intellectual Property Rights” – means all present and future rights in intellectual and industrial property.
j) “Permitted Purpose” – means the permitted purpose as set out in clause 8.
k) “Platform” – means the third-party matching system used by Are Media to facilitate CAPI Services.
l) “Platform Provider” – means Adfixus Pty Ltd (ABN 51 647 908 503), or other third-party entity as described by Are Media in the Insertion Order.
m) “Platform Provider’s EULA” – means the End Users License Agreement (EULA) published at www.adfixus.com/adfixus-eula-pvr or such other third party terms as specified in the Insertion Order.
n) “Privacy Laws” – means the Privacy Act 1988 (Cth) and related legislation.
o) “Related Bodies Corporate” has the meaning given to that term in the Corporations Act 2001 (Cth).
p) “Tag” – means code, pixel or web beacon that tracks the activity or access of an individual visitor to a website.
3. Are Media’s Obligations
3.1 Except as required by law or with your consent, Are Media will:
a) use reasonable efforts to deliver the CAPI Services;
b) use Conversion Data solely for the Permitted Purpose;
c) not disclose Conversion Data except to the Platform Provider or a service provider used for the Permitted Purpose, or as required by law; and
d) comply with all relevant Privacy Laws.
3.2 You acknowledge and agree that the CAPI Services depend on a third-party Platform Provider not under the control of Are Media, are subject to the Platform Provider’s EULA, and Are Media is not responsible for the provision of the Platform. You further acknowledge the Platform Provider will not:
a) disclose the Are Media Data Set to you unless matched with the Client Data Set;
b) disclose the Client Data Set to us unless matched with the Are Media Data Set;
and you will receive such data by way of Conversion Reports.
4. Client’s Acknowledgements, Obligations & Warranties
4.1 You agree to deploy Tags on approved Client Properties as instructed by Are Media.
4.2 You represent and warrant that:
a) your privacy policy discloses the use of third-party technology, Tags and associated data practices, provided that those privacy policies need not expressly identify Are Media, the Platform Provider or any Tag, unless otherwise required by law;
b) you have obtained all necessary rights and consents to Tag the Client Properties, to collect the Client Data Set, and to supply the Client Data Set to the Platform Provider for the purpose of the CAPI Services, and that such activities will not breach applicable laws, including Privacy Laws; and
c) you will promptly (and in any event within two (2) business days) remove all Tags upon termination of the CAPI Services or at Are Media’s reasonable request.
4.3 You must not:
a) reverse engineer, re-identify individuals, or build user profiles or identifiers from any Client Data Set or Conversion Data;
b) use any Client Data Set or Conversion Data to create or enrich any user profiles or other identifiers; and
c) merge any Client Data Set or Conversion Data with any personally identifiable information.
4.4 You acknowledge that the CAPI Services depend on a third-party Platform and you agree that if you procure access to the Platform: :
a) you accept the Platform Provider’s EULA, forming a direct contract between you and the Platform Provider;
b) Are Media is not a party to, nor responsible for (to the extent permitted by law), the Platform Provider’s EULA;
c) any Platform information comes from the Platform Provider, and, to the extent permitted by law, Are Media isn’t liable for any inaccuracies, errors or misstatements; you must verify such details yourself;
d) to the extent permitted by law, the Platform Provider’s cancellation, return, and refund policies apply, and you should review them carefully; and
e) AreMedia’s services rely on you having a valid, ongoing EULA with the Platform Provider. If you receive notice of its expiry or termination, you must promptly inform Are Media.
4.5 You control how much Conversion Data is shared with Are Media and agree that:
a) the effectiveness of CAPI Services depends on AreMedia having access to this data;
b) without access to Conversion Data during a campaign, CAPI Services may be less effective or not work at all; and
c) even outside of active campaigns while these Terms are still applicable, you can choose to continue sending Conversion Data, which may enhance the performance of future campaigns.
5. Intellectual Property
5.1 You grant Are Media a non-exclusive, royalty-free licence (with the right to sub-license to Are Media’s Platform Provider) to use the Intellectual Property Rights in the Client Data Set for the Permitted Purpose only.
6. How and When the Fees are Payable
6.1 You will pay the fees associated with the CAPI Services as set out in the relevant Insertion Order.
7. Termination
7.1 These Terms apply for the duration of your use of the CAPI Services, unless such terms are intended to survive the termination or expiry of the CAPI Services.
7.2 Are Media may terminate the CAPI Services at any time acting reasonably. For example, this may occur if the Platform Provider withdraws access to the Platform. If Are Media terminates the CAPI Services other than due to your breach, Are Media may provide a pro-rata refund of any pre-paid Fees attributable to the CAPI Services not yet provided.
7.3 If you breach these Terms and fail to remedy the breach within five (5) business days of written notice (or if the breach is incapable of remedy), Are Media may, acting reasonably, terminate the CAPI Services. To the extent permitted by law, no refund will be issued in such circumstances. AreMedia’s termination right is in addition to any other rights available under these Terms or advertising terms.
8. Permitted Purpose
Conversion Data may only be used by Are Media to:
a) Optimise advertising services provided by Are Media;
b) Provide aggregated reporting to the Client about advertising performance;
c) Improve and analyze the CAPI Services (without disclosing client-specific data externally).
9. Privacy & Compliance
9.1 Both parties must comply with applicable Privacy Laws.
9.2 Each party will assist the other with privacy-related complaints or investigations.
9.3 Personal data will be used only for Permitted Purposes or as required by law.
10. Liability
10.1 These Terms do not exclude, restrict, or modify any rights or remedies under applicable law (e.g., the Australian Consumer Law) that cannot be excluded.
10.2 You acknowledge that AreMedia’s ability to provide the CAPI Services depends on you and the Platform Provider fulfilling their obligations. You agree not to pursue any claims, losses, damages, compensations or remedies whatsoever against Are Media for any failure caused by you or a third party.
10.3 To the full extent permitted by law, you agree that:
a) the CAPI Services are provided on an “as is” basis;
b) all implied guarantees and warranties are excluded; and
c) AreMedia’s total liability in relation to these Terms will not exceed the greater of:
(i) $5,000; or
(ii) the total fees paid or payable by you to Are Media for the CAPI Services,
but this clause (c) will not be applicable to the extent your claim against Are Media arises due to Are Media’s fraudulent conduct.
10.4 Are Media’s liability for any advertising component of the CAPI Services is otherwise governed by Are Media’s advertising terms . This clause survives termination of any advertising terms.
10.6 To the extent permitted by law, AreMedia is not liable for any indirect or consequential losses, including but not limited to loss of profit, data, business, or opportunity.
10.7 In this clause, “AreMedia” includes AreMedia, its Related Bodies Corporate, and each of their directors, officers, agents and employees.
11. Indemnity
11.1 This indemnity applies in addition to any indemnity under any advertising terms between the Parties or other agreement with AreMedia.
11.2 You agree to indemnify AreMedia, its Related Bodies Corporate, and their directors, officers, agents, and employees against all liabilities (including legal costs) arising directly or indirectly from your breach of clauses 4 (Client’s acknowledgments, obligations and warranties) and 5 (Intellectual Property).
11.3 You acknowledge that AreMedia may suffer liabilities if Tags are not removed promptly when requested.
12. General
a) Governing Law: These Terms are governed by the laws of New South Wales, Australia.
b) Variation: These Terms may only be varied by the Parties by written agreement.
c) Assignment: Are Media may assign its rights to affiliates or successors in title in the case of a corporate reorganization or the acquisition of all or a substantial part of its business.
d) Entire Agreement: These Terms, together with any Insertion Order and advertising terms, constitute the full agreement between the Parties regarding CAPI Services.
CAPI Terms last updated on 11th February 2026