Empowered Surveys Terms and Conditions
The Empowered Surveys Website - www.surveychoice.com.au ("Site") and service ("Service") is owned and operated by Trimantium GrowthOps Limited ACN 621 067 678 (referred to hereafter as "Empowered Surveys", “Site” or “Service”).
2. Acceptance of Terms
Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS").
BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS.
3. Description of Service
The Empowered Surveys member program is operated as a survey panel and permission marketing database for individuals who voluntarily register on the Site ("Members"), and agree to, and abide by, these TOS.
Members are rewarded for their loyalty and participation through the Empowered Surveys Reward System.
4. Empowered Surveys Reward System
Members may be rewarded ("Points", "Rewards" or "Empowered Surveys Reward Points") for participating in certain activities such as completing surveys; and by other methods as notified from time to time on the Site.
Members will be notified before each survey the reward they will receive for the valid completion of that activity. Invalid responses will not be rewarded, and may result in membership cancellation. Empowered Surveys Rewards will be awarded for valid responses up to 45 days after participation in the relevant activity.
Outstanding Rewards may appear as a pending balance in members accounts and will become available for members to redeem once the transaction or survey response has been validated.
Empowered Surveys Reward Points can be accumulated and redeemed for vouchers, prizes and other benefits as notified from time to time on the site. Empowered Surveys Reward Points have no value outside of the Empowered Surveys Reward Program. Rewards can not be transferred to other members.
5. Conditions of Membership
Empowered Surveys Members must agree to accept Email Messages from Empowered Surveys. Empowered Surveys reserves the right to send you email messages from time to time for which you may not be rewarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail. Empowered Surveys is under no obligation to provide you with any particular number of opportunities to earn Rewards or to send messages to you.
As a condition of your membership you represent and warrant that:
- You are at least 16 years of age;
- You are a permanent resident of Australia;
- All information supplied by you is complete, true and accurate;
- You understand and agree that if your account is terminated for your breach of this agreement, any accrued Empowered Surveys Reward Points and outstanding or undelivered rewards will be forfeited and you will lose the right to participate in the program, including any current offers or rewards. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of Empowered Surveys;
- You understand and agree that in addition to these TOS, each prize draw conducted will be governed by the official terms of that draw as notified on the Site;
- You agree that no interest shall accrue and that Empowered Surveys Reward Points have no monetary value. In the event that you participate in a transaction with a reward partner that would make you eligible to collect Reward Points, Empowered Surveys will make reasonable efforts to have the points credited to your account. You acknowledge that in order for us to award points that your browser must accept cookies. You acknowledge that certain firewall or filtering software may cause points to not be credited to your account;
- You understand and agree that Empowered Surveys will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued Empowered Surveys rewards or prizes;
- You must not maintain more than one account on the Site and understand that a limit of 3 memberships applies to one postal address. If more than 1 account is registered at an address. The account holders at this address may be asked by the Site to prove their identity and address details. Accounts can be suspended until such identification is received and verified by the Site;
- You must inform Empowered Surveys of any change in your personal details, including email address and street address. Contact details and preferences must be updated using the facility provided once you have logged in to the site. Rewards and prizes will be made in favour of you and will be delivered to the address specified in your account profile. Prizes are not transferable to any other person;
- You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify Empowered Surveys; and
- You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting Empowered Surveys Reward Points or with any other activity on the site.
Empowered Surveys may reject any new member application from any person with or without cause at its sole discretion. Empowered Surveys reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TOS. Employees of Asia Pacific Digital and their immediate families are ineligible to participate in the Empowered Surveys program.
6. Third Party Promotions
As part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). These Third Party Promotions include survey invitations and any other activity as notified from time to time on the Site: All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by Empowered Surveys or its affiliates, directors or employees. Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that Empowered Surveys will not be held responsible or liable for any part of any such dealings or promotions.
7. Linked Sites
Empowered Surveys may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by Empowered Surveys in any way. Empowered Surveys is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply Empowered Surveys's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall Empowered Surveys be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Empowered Surveys reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.
9. Disclaimer of Warranties
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, Empowered Surveys excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, Empowered Surveys's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.
10. Limitation of Liability
To the extent permitted by law, Empowered Surveys, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Empowered Surveys has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the use of, or reliance on any information published on the site;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
Empowered Surveys shall not be obliged to issue any Rewards or prizes that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.
You indemnify Empowered Surveys, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.
You may terminate your membership with Empowered Surveys at any time by using the facility provided on the Site. If you terminate your membership you will forfeit your Empowered Surveys Reward Points and any outstanding or undelivered rewards due.
If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not be eligible to collect Empowered Surveys Reward Points until we have re-validated your email address. Other than a notification on the Site Empowered Surveys will not be responsible for notifying you that your account has been suspended.
Empowered Surveys reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:
- Your account has been suspended for more than 30 days
- Failing to log in to the site for a period of more than 3 months
- Your breach of this TOS
- Any conduct by you that we believe is detrimental to the business interests or reputation of Empowered Surveys
- Any action taken by you that harms or potentially harms Empowered Surveys or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.
If Empowered Surveys terminates your membership you will forfeit your Empowered Surveys Reward Points and any outstanding or undelivered rewards due. Once your membership has been terminated by us you will be ineligible to re-enrol at any future date.
13. Intellectual Property
surveychoice.com.au and Empowered Surveys are trademarks of TRIMANTIUM GROWTHOPS LIMITED PTY LTD A.B.N. 36 096 918 080. All contents of the service are Copyright © 2015 TRIMANTIUM GROWTHOPS LIMITED ACN 621 067 678. The Service is operated by Trimantium GrowthOps Limited ACN 621 067 678. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Empowered Surveys, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. Applicable Law
These terms of service are governed by the laws in force in New South Wales, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.