These terms and conditions govern all access to and use of this web site
“site” means any part of this web site and
any other web site 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, preparation of on-line surveys using the site, distribution
of surveys using the site, collection of the results of surveys using this site,
analysis of survey results using this site, submission of any email to an email
address identified at or through the site, participation in any social network,
forum, chat-room or similar facility available at or through the site, access to
and use of content and other facilities on any other web site via a link provided
on the site and, participating in any competition or promotion at or through the
site;
“we”, “us”
and “our” means Dipolar Pty Ltd (ACN
081 623 181) 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.
You must read and agree to these terms and conditions before making any other use
of the site. If you do not agree to these terms and conditions, you must not
use the site. By making any use of the site, you thereby accept and agree
to be bound by these terms and conditions.
These terms and conditions apply to all use of the site including your use of sections
of the site which are subject to additional specific terms and conditions.
Your use of any section of the site which is subject to specific terms and conditions
is subject to your prior acceptance of those specific terms and conditions and you
agree to be bound by those specific terms and conditions with respect to your use
of the relevant section(s) of the site even if you fail to review the specific terms
and conditions. Without limitation, if you use this site to conduct on-line
surveys, you thereby also agree to pay all applicable fees and to comply with all
our requirements governing such activity. .
You must comply with any registration processes applying with respect to the site.
You must keep your user name and password secret and secure and must not permit
anyone else to use your user name or password to access the site except a person
who works with you in your business and who has also agreed to be bound by these
terms and conditions. At any time, only a single person will be able to access
secure parts of the site using a particular user name and password.
We offer a range of services at or through the site including services which facilitate
your creation and distribution of on-line surveys and your collection and analysis
of survey responses. The range of services we offer and the specifics
of each service and the fees applicable to each service are specified on the site.
We may modify any category of service or add new services at any time. The
payment terms for a service are as specified on the site or, if unspecified, then
payment must be made in advance.
Some service categories do not include all possible service components and some
service categories are subject to limits (e.g. limits on the number of emails which
can be sent a month and the number of responses which can be collected), as specified
in the relevant section(s) of the site. It is your responsibility to ensure
you select the category of service that suits your requirements. Where limits
are reached your services may be curtailed or you may be liable to pay additional
fees for any use above the applicable limits.
Services provided at or through the site are generally offered on a periodic basis
and your subscription for a service will auto-renew upon expiry of the then current
period for a further equivalent period, subject to payment of applicable fees and
subject to any cancellation by us or you in accordance with the following provisions.
You may avoid the auto-renewal of your services and you may terminate your subscription
to any of our services by following the unsubscribe procedures we specify from time
to time, provided you do this before the deadline we specify for exercising the
right to unsubscribe or, if no deadline is specified, not less than 2 days before
the date on which the current term expires.
We may suspend or terminate your subscription immediately or we may continue to
provide reduced or limited services if you fail to comply with these terms and conditions.
We may suspend or terminate any category of free services at any time. Without
limitation, we may cancel a free service if you have not accessed or used the service
for a period of 90 days or more.
We may terminate or suspend a service for which fees have been paid without any
fault on your part. If we exercise this right to terminate, where possible the termination
will take effect on the expiry of the current periodic term of the service.
Following expiry or termination of a service, you will no longer be able to access
the service or the data collected using the service (except to the extent that you
have exported that data to your own systems).
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.
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, OR ARISING FROM YOUR PURCHASE OR INABILITY
TO PURCHASE ANY GOODS OR SERVICES OFFERED ON THE SITE, OR ARISING FROM YOUR INABILITY
TO PARTICIPATE IN ANY COMPETITION OR OTHER PROMOTION OFFERED ON 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 TERMS AND 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,
PRODUCTS OR SERVICES AGAIN OR PAYMENT OF THE COST OF PROVIDING THE INFORMATION,
PRODUCTS OR SERVICES AGAIN (AT OUR ELECTION).
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
terms and conditions or otherwise howsoever from or in connection with your use
of the site.
You must comply with our Spam Policy and (in particular but without limitation)
you must not use our site in order to send unsolicited email to recipients who have
not given you permission to send them email. 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 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.
The site may include content or references supplied by users or other third parties
(“third party material”). We do not monitor and 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.
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 or your rights to access,
reproduce and use that material. 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.
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 (a)
replicate the site’s content; (b) create a browser or border environment around
the site’s content; (c) imply any endorsement by us; (d) misrepresent its relationship
with us; (e) present false information about our products and services; or (f) use
our name or logos without our prior written permission.
We cannot and do not guarantee or warrant that 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.
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 internal business
purposes or for 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 terms and 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 unless you have obtained the permission of that third party
to submit the material. You must indemnify us against all liabilities and
losses we sustain if material you submit to the site infringes any third party intellectual
property rights
Unless otherwise stipulated by us, any sale of goods or services from the site is
subject to the following terms and conditions:
Payments must be made using the methods of payment specified by us.
All transactions are in US or Australian Dollars or as otherwise specified on the
site. If no currency is specified, then the applicable currency is Australian Dollars.
If any amounts are shown in currencies other than Australian Dollars these are only
indicative and we may require an adjustment of the price and additional payment
to take into account any unfavourable exchange rate variations at the actual time
of transaction.
You are liable for all GST, VAT and any other applicable taxes, duties or imposts
relating to our supply of goods or services (apart from income tax applicable to
our income). You must pay all such amounts to us in addition to the fees specified
on the site unless it is expressly stated that the relevant fee includes the tax
or other duty or impost.
Payments made via the site will be processed by a third party payment processing
organisation We undertake to use credit card details only as specified by
you in relation to purchases made on the site. Illegal use of credit cards
is a serious crime. We will report any suspicious activity and disclose all
relevant evidence to credit card companies and law enforcement authorities.
Web Survey Creator does not offer any free trial on paid accounts (Student, Professional,
Enterprise). If you upgrade from a free to a
paid account you’ll be charged for your first period at the time of upgrading.
You can cancel your account at any time by logging into your account and selecting
the “My Account” from the menu. Once you are on the Account page, click the “Cancel
Account” link.
Once you cancel you won’t be charged again, but you are responsible for whatever
charges have already been incurred for the current billing period. For example,
if your billing cycle is on the 23th of every month, and you cancel on the 26th,
you’ll still have to pay for the current month, but you won’t be charged again after
that. In order to treat everyone equally, no exceptions will be made.
Errors may occur in the description or pricing of products or services offered on
the site. We may cancel any transaction if any such error occurs, notwithstanding
any confirmation of an order or acceptance of payment.
Any supply of goods or services by us is subject to any express written warranties
offered by us or a third party. Subject to any non-excludable rights, all
other express and implied warranties relating to such goods and services are hereby
excluded and the provisions of the above clause (Liability arising from use of the
site) including provisions relating to non-excludable rights apply.
Privacy of your information is subject to our Privacy Statement .
The site is administered by us from offices in Sydney, New South Wales Australia.
These terms and 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.
If any provision of these terms and conditions is unlawful, void or for any reason
unenforceable, then that provision shall be deemed severed from these terms and
conditions and shall not affect the validity and enforceability of any remaining
provisions.
We may modify the content, nature or accessibility of the site as and when we see
fit. These terms and conditions will continue to apply even if you cease to
be permitted or able to use the site.
We may revise these terms and conditions at any time by updating this web page.
You hereby agree to be bound by such revisions and should therefore regularly revisit
this page to review the then current terms and conditions by which you are bound.
Your continued use of the site after a revision of these terms and conditions evidences
your acceptance of that revision.