Terms and Conditions

These conditions govern all access to and use of this website

Definitions

“site” means any part of the website which links to this page and any other website operated by or on behalf of us;

“use” includes access or use or attempted access or use of any part of the site and includes (without limitation) access to and use of site content, completion and submission of any online form available at or through the site, submission of any email to an email address identified at or through the site, or participation in any chat-room or similar facility available at or through the site;

“we”, “us” and “our” means Contact Profiler Pty Ltd and its related corporations and their respective officers, employees, agents and contractors including (without limitation) site hosts, operators and developers and contributors of site content; and

“you” and “your” means any person who uses the site.

Scope of these conditions

·       You must read and agree to these conditions before making any other use of the site. If you do not agree to these conditions, you must not use the site. By making any use of the site, you thereby accept and agree to be bound by these conditions.

·       These conditions apply to all use of the site including your use of sections of the site, which are subject to additional specific conditions. Your use of any section of the site that is subject to specific conditions is subject to your prior acceptance of those specific conditions and you agree to be bound by those specific conditions with respect to your use of the relevant section(s) of the site even if you fail to review the specific conditions.

Conditions of Membership

·       Membership in the Replenish panel is open to residents of Australia and New Zealand aged 16 and above.

·       If you are under 18 years of age you must obtain your parent's or legal guardian's consent before registering as a member. Your parent or legal guardian must guarantee the performance of any obligations you may have under these Terms and Conditions at the time of registering as a member.

·       Only one account may be maintained per person. Members are not permitted multiple use of an email address and/or mobile phone number even if the accounts are for different people.

·       We reserve the right to cancel any accounts without notice.

·       You agree that information you provide to the site including any personal details, will be true, accurate and complete in all respects.

Reward Points

·       Only registered members are eligible to earn 'Reward Points' based on the surveys they complete. Reward Points may be redeemed for rewards.

·       The amount of reward points awarded is based on the complexity and length of time required to validly complete a survey.

·       All research invitations that you receive will state the nature of the incentive that will be awarded to you; any other participation with Replenish that offers a reward will be clearly disclosed to you.

·       Reward Points are non-transferable and cannot be converted into cash. They can only be redeemed for items listed on the 'View Offers' page of the Replenish website.

·       Once a member redeems their reward points for a gift card, these points will be removed from the members account.

·       We reserve the right to remove, replace or change the points required to purchase any reward from the list without notice.

·       Reward points may take up to 30 days to be credited to a members account after completion of a survey or other relevant activity.

·       In the case of a discrepancy or error in the points being deposited to a members account. It is the responsibility of the member to contact Replenish.

·       All accumulated reward points are forfeited when a member unsubscribes or is removed from the panel.

·       Reward points not redeemed within eighteen months will expire and be removed from the member's account.

    All gift cards received must be activated through Replenish within 12 months otherwise they will expire.

Termination

·       A member may terminate their account voluntarily at any time by logging in to the panel site and going to the settings tab, selecting unsubscribe and following the prompts accordingly.

·       All online survey invites contain an unsubscribe link that also allows members to unsubscribe. Simply click the link in the survey invite and follow the prompts accordingly.

·       We reserve the right to terminate the membership and account of any Replenish member without prior notice and in Replenish's sole discretion. Circumstances in which a member shall be terminated include but are not limited to;

(i)             breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines

(ii)           the existence of multiple accounts for the same member

(iii)          lack of regular participation in the online surveys by a member

(iv)         an invalid email address registered for an account\a member responds to emails or surveys that are intended for another person

(v)           false or fraudulent responses or other fraudulent activity

(vi)         falsified or intentional misleading personal profile data

·       Termination for any reason will result in forfeiture of any accumulated e-points.

Dispute Resolution

·       All Replenish members have the right to be treated fairly and equally in terms of any dispute.

·       Replenish reserves the right to uphold any decision with respect to any dispute resolution.

Information you submit must be accurate

·       You warrant that any information you submit to the site including any personal details is and will be true, accurate and complete in all respects.

·       You agree that the information you submit to the site may be stored (including storage by third party service providers) and used and disseminated for any reasonable purposes associated with Market Research.

Inappropriate use and content

·       You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.

·       You must not attempt to modify or damage the site and must not use the site in connection with any mass distribution of email (spam) or denial of service attack.

·       You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.

·       You must not cause or permit any other person to engage in any of these activities (eg. by providing them with access to your computer or by providing password information to them).

·       We are not liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and the risk of injury from such content rests entirely with you.

Third party material

·       The site may include content or references supplied by users or other third parties (“third party material”). We do not monitor and we accept no liability for third party material.

·       Any opinions, advice, statements, services, offers or other information contained in third party material is the responsibility of the respective author(s), distributor(s) or providers of that third party material.

·       We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.

·       References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.

Links to third party web sites

·       Any links to third party web sites from the site are provided solely as a convenience to you.

·       We make no representation as to the intellectual property rights of any material available on the linked third party web sites.

·       We do not review and monitor any linked third party web sites and we are not responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site and accept no responsibility for any broken or redirected links.

·       The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.

·       It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.

·       You acknowledge and agree that we may receive payments or other benefits in connection with links to third party sites or the inclusion of third party material in the site.

Links from other sites to the site

·       Other sites may only link to the site with our prior written permission.

·       Any site that links to the site must link to the relevant home page and must not;

(i)             replicate the site’s content

(ii)           create a browser or border environment around the site’s content

(iii)          imply any endorsement by us

(iv)         misrepresent its relationship with us

(v)           present false information about our products and services

(vi)         use our name or logos without our prior written permission.

Viruses

·       We cannot and do not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

·       You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Copyright, trade marks & limited right to use materials

·       We or third parties own and retain the copyright, trade marks and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.

·       Unless otherwise expressly stipulated by us, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose.

·       You must not sell or otherwise commercially exploit any information made available at the site.

·       You must ensure that all copyright notices are retained in any material copied from the site. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without our prior written permission.

·       If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

·       By submitting any material to the site or to us in connection with your use of the site, you thereby assign all intellectual property rights in that material to us. You must not submit material to the site if a third party has any intellectual property rights in that material.

Privacy

·       Privacy of your information is subject to our Privacy Statement.

Warranties

·       We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement (“non-excludable rights”).

·       Subject to any non-excludable rights: (a) the site and its contents are provided on an "as is" basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the site) are excluded.

·       If you find any errors or omissions, please report them to us.

Liability arising from use of the site

·       Subject to any non-excludable rights: (a) your use of the site is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the site or your use of the site; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

·       Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in site performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the site or your attempted use of the site.

·       If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these conditions, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information or services again or payment of the cost of providing the information or services again (at our election).

Indemnity

·       You must indemnify each of us and keep each of us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.

Governing law

·       We administer the site from offices in New South Wales Australia.

·       These conditions and your use of the site and any disputes between you and us shall be governed by and construed in accordance with the laws of New South Wales, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in New South Wales.

·       You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.

Severance

·       If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.

Changes to site content and access rights

·       We may modify the content, nature or accessibility of the site as and when we see fit.

·       These conditions will continue to apply even if you cease to be permitted or able to use the site.

Revision of these conditions

·       We may revise these conditions at any time by updating this web page.

·       You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound.

·       Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.