Terms of Use
These terms apply to any person or entity who uses any of the services provided by Online Customer Surveys. This Agreement is a legal agreement between the User and Online Customer Surveys for the Services you subscribe to. These Services include the provision of computer software to create, send and store surveys and survey data. By using these Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorised to use these Services.
Payment Terms
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. Online Customer Surveys may change its pricing at any time. If payment has not been received for any Service, Online Customer Surveys reserves the right to cancel your subscription to that Service. All prices quoted on this website are in Australian Dollars (AUD) and are inclusive of 10% GST.
Refund Policy
Online Customer Surveys do not issue refunds. A free trial is available to allow Users to experience the Service prior to making any payments.
Member Subscription Terms
You will be provided with a Subscription login and password to use the Service once you have completed the registration process. You are responsible for maintaining the confidentiality of Your Subscription, and all activities that occur under your Subscription are solely your responsibility. You agree to immediately notify Online Customer Surveys of any unauthorised use of your Subscription or any other breach of security, and ensure that you exit from your Subscription at the end of each session. Online Customer Surveys cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Online Customer Surveys, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Online Customer Surveys does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Online Customer Surveys be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, Interfere) with the Online Customer Surveys web site in any manner. If User in any way Interferes with the Online Customer Surveys web site, User agrees to pay all damages incurred by Online Customer Surveys, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by Online Customer Surveys. User's Interference with the Online Customer Surveys web site relieves Online Customer Surveys of any of its contractual or other legal obligations to User, including the Online Customer Surveys obligations under its Privacy Policy. Online Customer Surveys will cooperate with the authorities in prosecuting any User who Interferes with the Online Customer Surveys web site, attempts to defraud Online Customer Surveys, or attempts to defraud credit card companies or any other parties through User's use of the Online Customer Surveys web site or services. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an Online Customer Surveys official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party.; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the London Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; Violation of any of the items in this Section relieves Online Customer Surveys of any of its contractual or other legal obligations to User, including Online Customer Surveys's obligations under the Online Customer Surveys Privacy Policy. Online Customer Surveys reserves the right to refuse any or all service to any User for any reason, at any time, at Online Customer Surveys's sole discretion. User agrees that Online Customer Surveys may block its IP address or addresses at any time, and at Online Customer Surveys's sole discretion, thereby disallowing User's continued use of the Online Customer Surveys web site.
Changes
Online Customer Surveys reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Online Customer Surveys shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Online Customer Surveys has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Online Customer Surveys reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Online Customer Surveys reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Intellectual Property
The Services are protected by copyright laws. The Services are licensed, not sold. All title and copyrights in and to the Software are owned by Online Customer Surveys. All title and intellectual property rights in and to the content which may be accessed through use of the Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
Third Parties
Online Customer Surveys makes no claims or representations about any Web Site not under Online Customer Surveys's control that a User may access from the Online Customer Surveys web site by link, frame, or any other means (Linked Site). Any link, frame, or any other means to access any Linked Site provided by Online Customer Surveys or otherwise on the Online Customer Surveys web site does not constitute Online Customer Surveys's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
Liability Disclaimer
The information, software, products and services included in or available through the Online Customer Surveys website/Services may include inaccuracies or typographical errors. Periodically, changes are made to the Service and to the information therein. Online Customer Surveys may make improvements and/or changes to the Service at any time. Online Customer Surveys make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Service for any purpose. All such information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that Online Cusotmer Surveys shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Online Customer Surveys Service. You specifically agree that Online Customer Surveys is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Online Customer Surveys is not responsible for any content sent using and/or included in an Online Customer Surveys Service by any third party. In no event shall Online Customer Surveys be liable for any direct, indirect, punitive, incidental, special, consequential damanges or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Online Customer Surveys Service, with the delay or inability to use the Online Customer Surveys Service or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Online Customer Surveys Service, or otherwise arising out of the use of the Online Customer Surveys Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Online Customer Surveys or any of its suppliers have been advised of the possibility of damages. Because some countries/states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damanges, the above limitation may not apply to You. If you are not satisfied with any portion of the Online Customer Surveys Service, or with any of these Terms of Use, Your sole and exclusive remedy is to discontinue using the Online Customer Surveys Service.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Online Customer Surveys.