Date of latest revision: 23 November 2016
Saywhatnow Pty Ltd ACN 606 801 834 located at Suite 703, Level 7, 491 Kent Street, Sydney or our related bodies corporate ("we", "us", "our" or "Saywhatnow") operates a market research platform ("Platform") allowing participants ("you" or "Participant") to earn rewards for completing insight research tasks or surveys ("Tasks") created by third parties such as market researchers or insight managers ("Insight Managers"). You can only access the Platform as a Participant, complete Tasks and earn rewards, by using the Saywhatnow app ("Saywhatnow App") that can be downloaded from the iTunes store at https://itunes.apple.com/au/app/saywhatnow/id1032571440?mt=8, at the Google Play store at https://play.google.com/store/apps/details?id=com.saywhatnow.android.saywhatnow or from our website at http://www.saywhatnow.com.au.
1. Application of Terms
1.1 These terms apply to you as a Participant. By using or accessing the Saywhatnow App or the Platform, you agree to these terms. If you do not agree to these terms, you must not download, use or access the Saywhatnow App or the Platform.
1.2 We may modify these terms from time to time or make improvements and or changes in the Saywhatnow App and Platform.We will send notifications of significant changes to these terms, the Saywhatnow App or the Platform to your Account (defined below). Each time you use the Saywhatnow App or the Platform you agree to these terms as varied at that time. If you do not agree to any changes to these terms, the Saywhatnow App or the Platform you must terminate your Account, uninstall the Saywhatnow App and stop using the Platform.
1.3 If you wish to create Tasks as an Insight Manager, you must register as an Insight Manager through our website or by contacting us and you will be bound by the Insight Manager terms contract in a separate document.
2.1 To be eligible to complete Tasks as a Participant and earn rewards, you must download the Saywhatnow App, register for an account ("Account") and provide the required profile, identification, contact, verification and security information when prompted by the Saywhatnow App.
2.2 You must keep your profile, identity and contact information up to date by updating your details through the Saywhatnow App.
2.3 To create an Account you must be a resident of Australia and aged 15 or above. If you are under 18 years of age, you must obtain your parent's or legal guardian's consent before creating an Account.
2.5 Only one Account may be created per person and only one Account may be linked to a specific email address or Facebook account.
2.6 You must safeguard your Account information, including username and passwords and must not allow your Account to be used by anyone other than you.
2.7 To be able to use the Saywhatnow App you may be requested to consent to the Saywhatnow App accessing your device's location services, video and photograph functionality. If you do not permit such access, you may not be able to use the Saywhatnow App to receive and complete Tasks and earn rewards. Information from your device's location services, video and photograph functionality may be used to determine your eligibility to complete a particular Task or may be used by us or Insight Managers to approve your responses to a Task.
2.8 Your device must be connected to a mobile telecommunications network and the internet for the Saywhatnow App to function correctly. You are responsible for making all arrangements necessary for your device to have mobile and internet connectivity and are responsible for all amounts your service provider may charge you arising out of the Saywhatnow App transmitting and receiving data (including but not limited to data roaming charges).
3.1 The Platform enables third party Insight Managers to create Tasks and to specify threshold criteria required for Participants to be eligible to complete the Task.
3.2 If you satisfy the threshold criteria, we may send you an electronic notification about that Task. You may only commence a Task if you have received a notification from us. You consent to us sending notifications to notify you of available Tasks to your device including by Apple Push Notification System (APNS), Google Cloud Messaging System (GCM) or any other form of electronic messaging we may use from time to time appropriate to your device. If you do not wish to receive notifications you may use the controls available via the Saywhatnow App to disable notifications, however you will not be able to receive and complete Tasks. If you have disabled notifications via the SaywhatnowApp, you may re-enable them in order to receive Tasks by using the settings on the Saywhatnow App and performing a profile update.
3.3 We do not warrant that you will receive a minimum number of, or any, notifications regarding Tasks that you may complete.
3.4 The notification we send you may contain information about the Task and may include the information about the rewards you could earn by completing that Task (described in more detail below), the time by which the Task must be commenced or completed, and whether your responses required approval by us or the Insight Manager before you can earn rewards for that Task and may also include additional screening criteria or terms for completing the Task.
3.5 Tasks notified to you may be withdrawn or cancelled by us or the Insight Manager at any time, including before the time to complete that task specified in the notification expires.
3.6 If you do not complete the Task by the time specified, meet the additional criteria or comply with any additional terms, you may not complete the Task and are not eligible to receive rewards for that Task.
3.7 In some cases the responses you provide to a Task may require approval from us or Insight Managers before you are eligible to receive rewards for that Task, for example if you are asked to provide photographic or video responses. If we do not, or the Insight Manager does not, approve your responses, you are not eligible to receive rewards for that Task.
3.8 You are only deemed to have completed the Task if the Saywhatnow App informs you that you have completed it. Once completed, and your response is verified by us or the Insight Manager that set the Task (if required), you will be awarded the applicable rewards.
4. Rewards and Reward Dollars
4.1 The credits you earn by completing a Task (Reward Dollars) may take up to 30 days after completion of that Task to be credited to your Account.
4.2 From time to time we, or third parties with whom we work, may provide you with other ways of earning Reward Dollars or other types of rewards, including specific products or services or the opportunity to enter a competition to win prizes.
4.3 Rewards Dollars credited to your Account may only be redeemed on our Platform or through our reward partners.
4.4 You will be bound by any additional terms that apply to the redemption of Reward Dollars, claims for other rewards or entering into competitions, including terms provided by Insight Managers or our third party reward partners.
4.5 You may use your Reward Dollars to redeem rewards only if you have the minimum number of Reward Dollars credited to your Account specified on the Platform or by our reward partner, which may be amended from time to time.
4.6 Reward Dollars and other rewards are not transferrable and not convertible into cash.
4.7 Once redeemed, Reward Dollars will be removed from your Account.
4.8 We and our rewards partners reserve the right to remove, replace or change the rewards that can be acquired using Reward Dollars and the amount of Reward Dollars that need to be redeemed to receive any particular reward without notice.
4.9 All accumulated Reward Dollars will be lost if your Account is cancelled or terminated without first redeeming them.
5. Information and Task Responses
5.1 You warrant that any information you submit to the Saywhatnow App or Platform, including without limitation your profile, identity, contact and security information you submit to create an Account and information that you submit to complete a Task ("Information"), is and will be true, accurate, not misleading, current and complete in all respects.
5.2 If you are requested to provide video or photographic content in response to a Task, you must only do so if it is permitted in the place where you are, and you should obtain the permission of any persons included in any video or photographic content.
5.3 Your profile and identity information may be used by us to determine your eligibility to complete a particular Task and to determine what Task notifications are sent to you. Your profile, identity, contact and security information will not be provided to Insight Managers.
5.4 All Information you provide in completing a Task will belong the Insight Manager that set the Task, including any video and photographic content. You agree that that Information provided by you in completing a Task may be stored, used and disseminated (including by third parties) for any reasonable purposes associated with market research.
5.5 You consent, for our and the Insight Manager's benefit, to any and all acts or omissions in relation to Information you provide in completing aTask which might infringe your moral rights under the Copyright Act 2000 (Cth), including the right to be attributed as the creator, the right not to have the Information attributed to another person and the right of integrity of the information.
6. Termination and Suspension
6.1 You may terminate your Account at any time. If you terminate your Account without first redeeming your Reward Dollars or claiming other rewards, the Reward Dollars and other rewards will be forfeited.
6.2 We may suspend or terminate your Account at any time if we believe it is required to protect the integrity or security of the Platform, you have not accessed or used your Account or carried out an Task for a period of 90 days, or if, in our reasonable opinion, you have breached these terms or misused your Account, including by providing untrue, inaccurate, misleading or incomplete Information. If we terminate your Account in accordance with this clause 6, your accumulate Reward Dollars and other rewards may be forfeited.
6.3 We may terminate your Account at any time at our sole discretion by providing notice to you. If we terminate your Account in accordance with this clause 6.3 you will have one month to redeem your Reward Dollars or other rewards. If you fail to redeem your Reward Dollars or other rewards in that time, they will be forfeited.
6.4 If you are unable to redeem any or all of your Rewards Dollars because you do not have the minimum amount required for redemption, those Reward Dollars will be forfeited on termination of your Account.
7. Referrals and Sharing
7.1 From time to time we may offer a program allowing you to share information about the Saywhatnow App with your friends, such as through a social media account. Details about any such program will be provided on the Saywhatnow App or our website.
7.3 You should only send direct messages, such as emails, SMS texts or information sent via private message facilities on social media platforms, inviting people to download the Saywhatnow App to people whom you know and whom you believe may be interested in finding out about the Saywhatnow App. You are responsible for ensuring that any person to whom you send a direct message consents to receiving that message.
8.2 We may send you messages, including by push notifications, SMS and email, regarding the use and administration of the Saywhatnow App and Platform. We, third parties with whom we work and service providers may also send you information from time to time about other services or products in which you may be interested . If you do not wish to receive such messages, please use the unsubscribe facility included in such messages.
9. Restrictions on use
9.1 The content and information available via the Saywhatnow App and Platform is proprietary to us, Insight Managers or our suppliers and providers.
9.2 You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any information or content obtained by using the Saywhatnow App or the Platform.
9.3 In addition, you must not:
(i) use the Saywhatnow App, our Platform or its contents for any commercial purpose except as permitted by these terms;
(ii) use another person's name, identification or password or use the Saywhatnow App or our Platform while impersonating another person or cause or permit any other person to engage in any such activities;
(iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Saywhtnow App or our Platform;
(iv) access, monitor or copy the Saywhatnow App or the Platform or any content or information on the Saywhatnow App or the Platform using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose;
(v) bypass or circumvent any measures employed by Saywhatnow to prevent or limit access to the Saywhatnow App or the Platform;
(vi) take any action that imposes, or may impose, in the discretion of Saywhatnow, an unreasonable or disproportionately large load on our infrastructure;
(vii) provide any Information which is unlawful, threatening, defamatory, obscene or indecent or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply from time to time or which infringes a third party's intellectual property rights or other rights;
(viii) deep-link to any portion of our Platform for any purpose without our express written permission; or
(ix) "frame", "mirror" or otherwise incorporate any part of the Saywhatnow App or the Platform into any other website or deep-link to any portion of the Platform without our prior written authorisation.
10. Third parties
10.1 Third parties, including Insight Managers and our reward partners, may impose terms and conditions in addition to these terms.
10.2 We will advise you of these additional terms and conditions where the relevant third party provides them to us. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any such third party with whom you elect to deal, including without limitation compliance with the relevant third party's rules and restrictions regarding availability and use of products or services and entry into competitions or draws.
10.3 We do not operate or control the third party products and services or competitions displayed on the Saywhatnow App or Platform nor do we act as a co-vendor with third parties from whom you may acquire products and services as rewards including using Reward Dollars. Saywhatnow does not accept any responsibility of any third party refusal to recognise Reward Dollars.
10.4 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.
10.5 Any links to third party web sites or material from the Saywhatnow App or the Platform are provided solely as a convenience to you. We make no representation as to the intellectual property rights, accuracy, adequacy, currency, suitability, completeness or legality of any material available on the linked third party web sites or material. The presence of such links or third party material 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 material.
11. Intellectual property rights
11.1 We, our licensors or third parties own and retain the copyright, trade mark rights and other intellectual property rights in the materials found on the Saywhatnow App and the Platform, including without limitation web pages, logos, software, documents, text, designs, graphics, audio and video.
11.2 By submitting any material to the Saywhatnow App or the Platform, you assign all intellectual property rights in that material to us or, in the case of material submitted in carrying out a Task, our Insight Managers. You must not submit material if a third party has any intellectual property rights in that material.
11.3 Your use of the material is governed by these terms. We grant to you a personal, nonexclusive, revocable and non-transferable licence to download, install and use the Saywhatnow App for use in accordance with these terms and for no other purpose.
12. Limitation of Liability
12.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of these terms to be void ("Non-excludable Condition"), to the extent permitted by law Saywhatnow specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with the use of the Saywhatnow App, the Platform or any rewards.
12.2 Except for liability in relation to a breach of any Non-excludable Condition, Saywhatnow's total aggregate liability to you for any liability not otherwise excluded or limited by these terms is limited to $100.
12.3 Saywhatnow's liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option, to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
12.4 You indemnify and must keep indemnified Saywhatnow against any claims losses, damages, fines, penalties brought by third parties as a result of your breach of these terms, any law or the rights of a third party.
13.1 Except for liability in relation to any Non-excludable Condition, the Saywhatnow App and the Platform are provided on an "as is" basis, and without any warranty or condition, express or implied, except as specifically set out in these terms.
13.2 Except for liability in relation to any Non-excludable Condition, Saywhatnow makes no guarantee about the availability of the Saywhatnow App or the Platform, including without limitation products and services earned or redeemed using Rewards Dollars.
13.3 To the extent permitted by law, Saywhatnow is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any third parties or any damages or expenses resulting.
14. Complaints or disputes
14.1 If you have a complaint about the Saywhatnow App or the Platform please contact us by email at email@example.com or by telephone at +61 (02) 8267 2999.
14.2 These terms are governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of the Saywhatnow App and the Platform.
15.1 Saywhatnow may, assign, novate, convey, subcontract or delegate rights, duties or obligations under these Terms.
15.2 If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
15.3 The failure or delay of a party in enforcing any provision of the terms at any time does not waive that party's right to enforce them or any other term in the future.
15.4 These terms set out the entire understanding and agreement between you and Saywhatnow with respect to its subject matter.