Empowered Surveys Terms of Service

 

INTRODUCTION 

The Empowered Surveys Website - https://empoweredsurveys.com.au ("Site") and service ("Service") is owned and operated by GrowthOps Ltd ACN 621 067 678 (referred to hereafter as "Empowered Surveys", “Site” or “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 terms and conditions. Members are rewarded for their loyalty and participation through the Empowered Surveys Reward System.

 

ACCEPTANCE OF TERMS

  1. 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").  
  2. 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 THE TOS.
  3. If you do not agree to our TOS,  you must immediately terminate your account by following the instructions provided on the Site. 
  4. Empowered Surveys reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the Service. You should check these TOS periodically for changes. The date of the current version of these TOS is noted above. Your use of the Site following any modifications to these TOS shall be deemed to be your assent to any such modifications.

 

REGISTRATION

To be able to use Empowered Surveys you must abide by the following policies. Empowered Surveys may reject any new member application from any person with or without cause at its sole discretion. 

  1. You are at least 16 years of age;
  2. You are a permanent resident of Australia;
  3. You must use a valid email address and a secure password.  In the event that you suspect a security breach, please notify Empowered Surveys immediately;
  4. You will not use random or gibberish email addresses during sign up or referral. Empowered Surveys may require you to validate your account information before you can redeem points;
  5. All information supplied by you is complete, true and accurate; and
  6. You must not maintain more than one account on the Site and understand that a limit of 2 memberships applies to one postal and IP address. If more than 2 accounts are 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.

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 GrowthOps Ltd and their immediate families are ineligible to participate in the Empowered Surveys program.

 

EMPOWERED SURVEYS REWARDING SYSTEM

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.

The following guidelines must be followed in order to redeem points:

  1. You can earn points by answering surveys or by participating in community events/games. Empowered Surveys reserves the right to modify the rewarding scheme from time to time, including but not limited to, modifying the survey points and/or reward redemption options;
  2. Empowered Surveys Rewards will be awarded for valid responses up to 45 days after participation in the relevant activity;
  3. To be eligible for the reward, you should complete the activity by following the rules and regulations specified on the Site. 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;
  4. 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;
  5. You agree that no interest shall accrue and that Empowered Surveys Reward Points have no monetary value and cannot be transferred to other Members. 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; 
  6. 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; and
  7. 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.

 

COMMUNITY GUIDELINES

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.

As a condition of your membership you represent and warrant that:

  1. You must not use Empowered Surveys for any purpose that is unlawful or prohibited by these TOS.
  2. You must inform Empowered Surveys of any change in your personal details, including email address and postal address. Contact details and preferences must be updated using the facility provided once you have logged in to the Site.
  3. All published content within the surveys or within the Site are properties of Empowered Surveys and third party partners and affiliates. You must not copy and/or reproduce all materials available on the platform and publish it.
  4. Empowered Surveys respect diversity. You are expected to be polite and respectful. You are prohibited from using, posting or transmitting any:
    1. Defamatory, vulgar, threatening or unlawful language or material;
    2. Information or material that constitutes or encourages a criminal offence that violates any applicable laws;
    3. Information or material that may damage the reputation of Empowered Surveys or any other business;
    4. Information or material that violates the rights of any person including but not limited to rights of privacy, copyright, trademarks, patents or any other intellectual property;
    5. Material of any kind that contains harmful components that can cause computer or software corruption and/or virus; or
    6.  Materials of any kind that contains promotional or advertising material.
  5. You must not use Empowered Surveys to engage in any forms of internet abuse including, but not limited to, the following:
    1. Identity theft; 
    2. Exploiting of any material on the surveys or Site for commercial purposes;
    3. Use the Site for spamming, hacking, tampering or spoofing; or
    4. Modifying and interfering with administrative and security functions of the Site.

You understand and agree that if your account is terminated for your breach of these TOS, 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 these TOS shall be at the sole discretion of Empowered Surveys.

 

EMPOWERED SURVEYS REFERRAL SYSTEM

  1. You are allowed to invite a friend to join Empowered Surveys provided that you have met all of the following criteria:
  1. Have been a subscribed member of Empowered Surveys for at least 30 days;
  2. Completed at least one survey in the past 30 days; and
  3. No TOS violation.
  1. You must comply with the referral rules and regulations as set out on the Site. Empowered Surveys reserves the right to update these rules and regulations at any time with no notice to you.
  2. Rewards incurred during referrals will be voided if:
    1. The email address you use is random or gibberish;
    2. The account is a duplicate (for example same IP, name or postal code address);
    3. You use spamming techniques, including but not limited to, email masking and using of email generator or other software/tools to create multiple emails/accounts; or
    4. The accounts referred to are inactive for 30 days after sign up. 

Failure to comply with the following guidelines will result in account suspension.

 

TERMINATION AND SUSPENSION

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.

 

Empowered Surveys reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:

  1. Your account has been suspended for the last 30 days;
  2. Failing to log in to the Site for a period of more than 12 months;
  3. Any conduct by you that breaches these TOS; or
  4. 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 your membership is terminated for the foregoing reasons, your Empowered Surveys Reward Points and any outstanding or undelivered rewards due shall be forfeited.

 

GENERAL

  • 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, survey routing to different survey marketplaces 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. You agree that Empowered Surveys will not be held responsible or liable for any part of any such dealings or promotions.
    1. Privacy: The information collected and used by this Site is governed by the Empowered Surveys Privacy Policy.
    2. Linked Sites: Empowered Surveys may provide links to third parties' websites ("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. 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. 
  • Disclaimer: To the maximum 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.
  • Limitation of Liability: To the maximum 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:
  1. the use or the inability to use the Service;
  2. the use of, or reliance on any information published on the Site;
  3. 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;
  4. unauthorised access to or alteration of your transmissions or data;
  5. statements or conduct of any third party on the Service; or
  6. any other matter relating to the Service.
  •  Indemnification: You indemnify and keep harmless Empowered Surveys, its parents, subsidiaries, affiliates, officers and employees, 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.
  •  Intellectual Property: surveychoice.com.au and Empowered Surveys are trademarks of GrowthOps Ltd ACN 621 067 678. All contents of the Service are Copyright © 2015 GrowthOps Ltd ACN 621 067 678. The Service is operated by GrowthOps Ltd 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.
  • Applicable Law: These TOS 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 these TOS is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.