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Website Terms of Use

MySurvey Site Terms of Use

This website (the "Site") is maintained by Lightspeed Australia Pty Limited ("Lightspeed Research").

Your use of this Site is governed by the provisions contained in these Terms and Conditions (the "Terms and Conditions"). Please take the time to review them. By using or accessing the Site you agree to be bound by these terms. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By accepting these Terms and Conditions and for the purposes of the Spam Act 2003, you agree to us sending you certain types of electronic messages, including emails and text messages. Please read below and see the Spam section of our Privacy Policy for more information.

1. Use Of This Site

You may access and use the Site solely pursuant to these Terms and Conditions for your personal, non-commercial use. Any other use requires prior written consent from us, which we may grant or withhold in our absolute discretion. You must be 16 years of age or older and reside in Australia to join MySurvey and participate in any market research activities as a member. Individuals aged under 18 require consent of a parent or guardian to join My Survey. Lightspeed reserves the right at any time to request confirmation of such consent and to disqualify any member that is found to have breached this condition. You must not access MySurvey while outside of Australia. If Lightspeed, in its absolute discretion, determines that you have accessed a survey while outside of Australia, your participation in the survey will not be valid for the purposes of the MySurvey Points Program and you may be removed from MySurvey.

2. Registration and Passwords

You may access the site anonymously as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services and content on the Site, such as surveys, you will be required to register to become a member of the Site. You must provide accurate and correct information when registering to become a member and may not use any aliases or other means to mask your true identity. During registration, you will choose a password to use with your email address which cannot be a disposable email address. The password provided should be safeguarded at all times. You are responsible for the security of your password and will be solely liable for any use or unauthorised use under such password. We may suspend or terminate your membership at any time with or without notice.

3. Unauthorised Use

You may not use spiders, robots, disposable email addresses, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the Site or to manipulate the results of any market research activities or prize draw on the Site. You may not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding," "mail-bombing," or "crashing" the Site. You must not send any email to any person, including promotions and/or advertising of products or services, through the Site without the recipient's prior consent or forge or mask your true identity in any email or posting. You must also comply with all applicable laws, including but not limited to the Privacy Act 1988 and the Spam Act 2003. You may not frame portions of the Site within another website, establish a link from this Site to any other website, alter the appearance of the Site, or establish links from any other website to any page of the Site other than the Home page. You are prohibited from posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, or inflammatory material, or any material that could otherwise violate any law. Lightspeed will fully cooperate with any law enforcement authorities or court order requesting or directing Lightspeed to disclose the identity of anyone posting any such information or materials. All research responses will be monitored for the purposes of detecting online fraud, including multiple memberships and multiple responses, in order to preserve the integrity of any online research.

4. Intellectual Property

All pages and content within this Site, including but not limited to, HTML code, software, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorised for use by, Lightspeed and its licensors, business partners, and affiliates, including all trademarks, service marks, copyrights, patents, and trade secrets contained therein. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, reproduce, create derivative works, republish, display, up-load, post, transmit, or distribute in any way, content available on this Site, including, without limitation, fonts, icons, link buttons, wallpaper, and desktop themes, without the prior written consent of Lightspeed.

5. Prize Draw and Promotions

From time to time Lightspeed may offer or conduct prize draws, loyalty or "points" programs, or other promotions or programs in connection with this Site. All such services shall be subject to any additional terms, conditions, rules, guidelines, or agreements that are provided to you at the time of accessing such services.

6. Third-Party Information

This Site may contain (i) links to other websites not maintained by Lightspeed or (ii) information about products or services of third parties. Lightspeed does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by Lightspeed of such third party. We encourage you to be aware when you leave our Site and to read the terms and conditions of each and every website that you visit. The information contained on this Site is for informational purposes only. The views and opinions expressed on this Site are not necessarily those of Lightspeed Research.

7. Communications with Lightspeed Research

Any communication or material you transmit to Lightspeed by electronic mail or otherwise, including any data, questions, comments, panel responses, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by our Privacy Policy, Lightspeed or its affiliates may use anything you transmit or post for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Lightspeed is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services using such information.

8. Privacy & Spam

Lightspeed takes the privacy of you and your information very seriously. Our Privacy Policy forms part of these Terms and Conditions. For further information about how we handle and use information collected from you and when and for what purposes we or our agents or contractors may send you emails or text messages, please view our Privacy Policy.

9. Personal Information from Individuals under 16 years of age

Lightspeed does not knowingly collect personal information from individuals under the age of 16 years unless a parent or guardian of that individual has expressly consented to such collection. Lightspeed will make all reasonable efforts to ensure that such parental consent is validly given.

10. Disclaimer

The Site, including all content or services made available on or accessed through the Site, is provided "as is." To the fullest extent permissible by law, Lightspeed makes no representations or warranties of any kind whatsoever in relation to the content on the Site. Further, Lightspeed disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. Lightspeed does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. To the fullest extent permissible by law, Lightspeed will not be liable under tort, contract, strict liability or other legal or equitable principles for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether or not either party has been advised of the possibility of such damages.

11. Changes

All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site and they will take effect immediately upon being posted. You should check the Site for such changes frequently. Your continued access to, and use of, the Site after such changes, conclusively demonstrates your acceptance of those changes.

12. Indemnification

You agree to indemnify, defend, and hold harmless Lightspeed, its employees, directors, officers, agents, and representatives from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expenses, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

13. Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

14. Governing Law

The laws of New South Wales, Australia shall govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts exercising jurisdiction there.

15. Questions

Should you have any questions regarding these Terms and Conditions you may contact us by email or mail at Level 12, 338 Pitt Street, Sydney, NSW 2000, or by telephone at (02) 8017 6700.
Lightspeed Research Australia Pty Limited
Level 12, 338 Pitt Street
Sydney, NSW 2000

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