Web
Survey Creator (WSC) is a service that enables Survey Creators to
create, distribute and analyse results from surveys (Projects) using our platform in order to generate
qualitative and quantitate market research data.
1.
BACKGROUND
1.1
This is a contract
between "you", being a Survey Creator, and Dipolar Pty Ltd
(ACN 081 623 181) ("we", "us" or "our")
setting out the terms and conditions that govern your use of, and interaction
with, WSC.
1.2
By clicking "I
Agree", or otherwise using and interacting with WSC, you agree to:
a)
these terms and
conditions, including the glossary; and
b) our Privacy Policy, available at www.websurveycreator.com/privacy_policy.aspx
together
called the "Agreement".
1.3
All defined terms in
this Agreement have the meaning given to them in the glossary, located at the
end of these Terms and Conditions.
2.
SCOPE OF WSC
SERVICE
2.1
We may assist you
with the recruitment of Survey Respondents onto the WSC platform but we are not
obliged to do so.
2.2
By the provision of
access to WSC, we offer you a platform to create Projects to allow Survey
Respondents to engage in, and respond to, surveys on Projects created by you in
order to generate qualitative and quantitative market research data.
2.3
We may also, from
time to time, provide you with ancillary support in relation to your use of WSC
or the operation of your Projects.
2.4
You acknowledge and
agree that, due to the nature of WSC, any material you submit may automatically
and without time delay be published on it. We are under no obligation to
control, vet or curate in any way content that is displayed on the platform.
2.5
You may also
introduce specific conditions which apply to the relationship between you and a
Survey Respondent.
2.6
At our absolute
discretion, we may refuse to allow any person or entity to register or use the
WSC platform. We may also at our absolute discretion cancel or suspend any
existing user of WSC.
3.
EXCLUSIONS
3.1
We do not attempt to
exclude any conditions, warranties, rights or remedies which you may have
pursuant to legislation to the extent that those conditions, warranties, rights
and remedies cannot be excluded by agreement ("Non-excludable
Conditions").
3.2
We do not represent
or warrant that:
a) anything submitted to WSC by Survey
Respondents will be of a particular quantity, quality or appropriateness for
the purpose of the Project; and
b)
the market research
data generated through the Survey Respondent's responses, comments and
interactions on Projects will be of a particular quality, quantity, suitability
or fitness for any particular purpose.
3.3
Subject to any
Non-excludable Conditions and to the extent permitted by law:
a)
the WSC platform 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,
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.
3.4
We have no
obligation to assist or involve ourselves in any dispute between you and Survey
Respondents, or between your Survey Respondents, although we may do so in order
to improve the Survey Creator and Survey Respondent experience.
3.5
You acknowledge that
we are not responsible for:
a)
the level or quality
of participation of Survey Respondents on your Projects (which must be
regulated through a separate agreement between you and the Survey Respondent);
b)
monitoring or
controlling the accuracy, appropriateness or suitability of content submitted
by Survey Respondents on the WSC platform;
c)
the performance of
your Projects;
d)
ensuring that WSC is
suitable for your requirements or is fit for any particular purpose;
e)
any interruption to
WSC due to technical malfunctions, internet outages, equipment failure, the
need for routine maintenance, etc.; and
f)
any software available
on the WSC platform that is supplied by third parties.
4.
SURVEY
CREATOR'S OBLIGATIONS
4.1
When accessing and
using WSC, you must:
a)
comply with our Spam
Policy and (in particular but without limitation) not use the WSC platform in
order to send unsolicited email to recipients who have not given you permission
to send them email;
b)
only access and use
WSC as intended through the functionality of the platform;
c)
at all times comply
with this Agreement and all Applicable Laws and Regulations;
d)
promptly apply all
applicable updates to the WSC platform that we may issue from time to time; and
e)
maintain control of
your account and not deal with your account in any way, including by allowing
others to use your account, or by transferring or selling your account or any
of its contents to another person.
4.2
When accessing and
using WSC, you must not (or encourage Survey Respondents to):
a)
use WSC for any
illegal, immoral, unauthorised or dangerous purpose;
b)
use the WSC platform
to make any payment to a Survey Respondent (this must be done separately and in
accordance with the agreement referred to in clause 6.1);
c)
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 WSC;
d)
interfere with the WSC
platform or disrupt any other Survey Creator, Survey Respondent, service or
equipment;
e)
do anything which
could overburden or impair the proper working or appearance of WSC;
f)
use WSC to publish
any material for which you are not the owner of the Intellectual Property
Rights in the work or you are not licensed by the owner of the Intellectual
Property Rights;
g)
attempt to copy,
reproduce, translate, adapt, modify or creative derivative works of the WSC
platform; or
h)
cause or permit any
other person to engage in any of the activities outlined in this clause 4.2
(e.g. by providing them with access to your computer or by providing password
information to them).
4.3
You must use your
best endeavours to ensure that any information submitted on WSC:
a)
is not defamatory,
libellous, threatening or harassing, or potentially or actually harmful to us
or any other person, where harm includes, but is not limited to, economic loss
that will or may be suffered by us;
b)
does not infringe
the Intellectual Property Rights of any person or entity;
c)
includes all
necessary, valid releases (including without limitation moral rights waivers);
d)
does not contain any
material that could reasonably be considered to be inappropriate or unlawful,
including, but not limited to obscene, inappropriate or unlawful images;
e)
does not contain any
malicious code, data or set of instructions that intentionally or
unintentionally causes harm or subverts the intended function of any platform,
including, but not limited to viruses, Trojan horses, worms, time bombs,
cancelbots, Easter eggs or other computer programming routines that may damage,
modify, delete, detrimentally interfere with, surreptitiously intercept, access
without authority or expropriate any system, data or personal information; or
f)
is not the subject
of any claim, demand, action or legal proceeding or any potential or pending
claim, demand, action or legal proceeding.
4.4
If we determine, in
our sole discretion, that you have breached an obligation under this clause 4,
without limitation we reserve the right to terminate the Agreement in
accordance with clause 14.
4.5
Viruses: 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.
5.
OUR RIGHTS
5.1
Without limitation,
we reserve the right, in our sole discretion, to do any of the following at our
discretion and without having to provide you with any notice:
a)
terminate Projects
created by you which we deem to be in breach of this Agreement;
b)
remove content from
the WSC platform submitted by you, or a Survey Respondent, that is deemed to be
offensive, dangerous, harmful, unlawful or otherwise in breach of this
Agreement; or
c)
terminate your
account in accordance with clause 14
if we suspect that any conduct that is occurring in connection with the use of
your account is unlawful, illegal or is otherwise in breach of this Agreement.
d)
remove any HTML body content from sent email records after 60 days, leaving the email header (subject, recipient, date sent and to whom etc) and Text body content intact. After 1 year, the Text body content may also be removed leaving the email header data intact.
6.
RELATIONSHIP
BETWEEN SURVEY CREATOR AND SURVEY RESPONDENT
6.1
You acknowledge and
agree that these terms are for our benefit, and that there may be additional
terms and conditions introduced by you which regulate your relationship with Survey
Respondents separately. Without limitation, these terms and conditions might
regulate matters such as participation requirements and payments for Survey
Respondents. You must
ensure that those terms and conditions are not inconsistent with this Agreement
or our terms with Survey Respondents.
6.2
WSC is not a party
to any agreement referred to in clause 6.1
and the agreement will be directly between you and the Survey Respondent.
6.3
We make no
representation or warranty as to the performance of either party's obligations
under such an agreement.
7.
FINANCIAL
INFORMATION
7.1
Unless otherwise
stipulated by us, any sale of goods or services from the WSC platform is
subject to the following conditions:
7.2
Currency: 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.
7.3
Credit Card Use: Payments made via the WSC platform 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 WSC platform. We will report any suspicious activity and disclose all
relevant evidence to credit card companies and law enforcement authorities.
7.4
Errors in
Description or Pricing: 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.
8.
FEES
8.1
The fees for the
various services available to you are those which are listed on the WSC
platform (which may be amended from time to time). By engaging us to provide a
particular service to you, you expressly agree to pay those fees.
8.2
Any fees owing must
be paid by you in full within the stated period on our invoice provided in
relation to same.
8.3
Unless otherwise
stated, all fees are in the currency specified on the WSC platform and all
fees, disbursements or other sums payable by you are quoted exclusive of GST or
other taxes. You must pay GST or other taxes in addition to any agreed fee
that is GST or tax exclusive.
9.
THIRD PARTY
SERVICES
9.1
We may from time to
time include Third Party Services on WSC. These Third Party Services are not a
request of ours, and are not provided by us.
9.2
Third Party Services
are offered to you or Survey Respondents pursuant to the third party provider's
terms and conditions. Third Party Services may be promoted on WSC as a
convenience to you and/or Survey Respondents who may find the Third Party
Services of interest or of use.
9.3
If you or a Survey
Respondent chooses to engage with any Third Party Service provider, we are not
a party to that agreement and that agreement will be directly between you
and/or the Survey Respondent and that Third Party Service provider.
9.4
We make no
representation or warranty regarding any Third Party Services, including any representation
as to the Intellectual Property Rights of any material available on the Third
Party Service or your rights to access, reproduce and use that material. We do
not review and monitor any Third Party Services and we are not responsible for
the contents, accuracy, adequacy, currency, suitability, completeness,
legality, reliability or usefulness of any material on any Third Party Service
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 Service 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 Service is entirely at your own
risk.
10.
THIRD PARTY MATERIAL
10.1
The WSC platform may
include content or references supplied by users or other third parties
("Third Party Material").
10.2
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.
10.3
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.
11.
LINKS FROM OTHER
SITES TO WSC
11.1
A Survey Creator may
only provide links to WSC (excluding links to specific surveys in Projects) on
a separate webpage with our prior written permission.
11.2
Any site that links
to WSC (excluding links to specific surveys in Projects) must link to the relevant
home page and must not:
a)
replicate WSC's
content;
b)
create a browser or
border environment around WSC's content;
c)
imply any
endorsement by WSC;
d)
misrepresent its
relationship with WSC;
e)
present false
information about WSC's products and services; or
f)
use our name or
logos without our prior written permission.
12.
INTELLECTUAL
PROPERTY
12.1
We, our nominees
(including Web Creator Trust ABN 29 807 567 261) or third parties own, or are
licensed to use, all Intellectual Property Rights in WSC, including without
limitation web pages, documents, text, designs, graphics, audio and video that
appear on the WSC platform. Unless otherwise expressly stipulated by us, you
may only use WSC for your internal business purposes or for personal use and
may only print or make an electronic copy of information available on WSC for
that purpose. You must not sell or otherwise commercially exploit any
information made available on WSC. Nothing in this Agreement gives you any
rights, title or interest in any Intellectual Property Rights in WSC. You must
ensure that all copyright notices are retained in any material copied from the
WSC platform. Subject to this limited right of use, you must not use, download,
upload, copy, print, display, broadcast, perform, reproduce, publish, license,
post, transmit or distribute any materials from the WSC platform in whole or in
part without our prior written permission. If you breach any of the conditions
contained in this clause 12.1, then (without limiting your other liabilities) your authorisation
to use WSC automatically terminates and you must immediately destroy any
downloaded or printed materials.
12.2
We acknowledge that
any materials uploaded by you on the WSC platform in which you hold
Intellectual Property Rights remain your intellectual property for the duration
of the Agreement.
12.3
You grant us an
unrestricted, worldwide, royalty-free licence to use any such materials
uploaded by you on the WSC platform for the purpose of us providing our
services on the WSC platform and as otherwise may be required by us or our
nominee to provide the WCS platform.
12.4
You must not submit
material to WSC 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 the material you submit to the WSC platform infringes any third
party Intellectual Property Rights.
12.5
We grant you an
unrestricted, worldwide, royalty-free licence to use, reproduce, modify and
adapt any content and information posted by Survey Respondents on WSC, the
rights, title and interest in which has been assigned to us.
13.
CONFIDENTIAL
INFORMATION
13.1
Each party (Receiving
Party) receiving, possessing or otherwise acquiring Confidential Information
of any other party (Disclosing Party) acknowledges that the Disclosing
Party's Confidential Information is the property of, confidential to or a trade
secret of the Disclosing Party. Subject to clause a),
the Receiving Party must:
a) keep the Disclosing Party's Confidential
Information confidential and not directly or indirectly disclose, divulge or
communicate that Confidential Information to, or otherwise place that
Confidential Information at the disposal of, any other person without the prior
written approval of the Disclosing Party;
b)
take all reasonable
steps to secure and keep secure all the Disclosing Party's Confidential
Information coming into its possession or control;
c)
only use the
Confidential Information of the Receiving Party to the extent necessary to
perform its obligations under this Agreement; and
d)
not memorise,
modify, reverse engineer or make copies, notes or records of the Disclosing
Party's Confidential Information for any purpose other than in connection with,
and to the extent required for, the performance by the Receiving Party of its
obligations under this Agreement.
13.2
The obligations of
confidentiality under clause 13.1 do not apply to any information that:
a)
is or becomes generally
available to the public (other than by reason of a breach of this Agreement); or
b)
is required to be
disclosed by any Applicable Laws or Regulations, or for the purposes of this
Agreement (including where you are the Disclosing Party, to a Survey
Respondent).
14.
TERMINATION
14.1
Either party may
immediately terminate this Agreement at any time by written notice to the other
party.
14.2
If we determine at
our sole discretion that you have breached, or are likely to breach any of your
obligations under this Agreement, we reserve the right to cancel or suspend
your account. Any fees owing at the time of termination must be paid to us
immediately.
14.3
Sections 8
(Fees), 13
(Confidential Information),14
(Termination), 15
(Limitation of Liability), 16
(Indemnity), 17
(Mediation and Dispute Resolution) and 22
(General) and any other terms which by their nature should continue to apply,
will survive termination or expiration of this Agreement.
14.4
If your account or
this Agreement is terminated for any reason then you must not without our
consent (in our absolute discretion) create any further accounts with us and we
may terminate any other accounts you operate.
15.
LIMITATION OF
LIABILITY
15.1
Except for any
express warranty in this Agreement or any Non-excludable Condition, we exclude
any warranties express or implied by any legislation, the common law, or
otherwise.
15.2
Except for any
liability that cannot be limited or excluded by law or in relation to a breach
of any Non-excludable Condition, subject to clause 15.4,
our total liability to you is limited to the total amount of payment made by
that Survey Creator to us during the twelve month period prior to the first
incident causing liability, or $50, whichever is greater.
15.3
Our 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.
15.4
Except for liability
in relation to breach of any Non-excludable Condition, we exclude all liability
to you and 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 WSC platform, or arising from your purchase or inability to
purchase any goods or services offered on the WSC platform, 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, and any claims by any third person, or this
Agreement, even if we knew that loss was possible or the loss was otherwise
foreseeable.
15.5
We will not be
liable to you for any delay or failure to perform our obligations if such delay
or failure is due to a Force Majeure Event.
16.
INDEMMNITY
16.1
You shall be
responsible and liable to us (and our directors, officers, employees,
independent contractors and agents) for any and all claims, losses,
liabilities, damages, taxes, expenses and costs, including without limitation,
legal fees and court costs (collectively, "Losses"), arising
from or related to your use (or any use authorised or facilitated by you) of
the WSC platform, including but not limited to any of the following:
a)
your breach of any
certification, covenant, obligation, representation or warranty in this
Agreement (including a breach of clause 21.2);
b)
violation of any
third party right;
c)
any claims that any
material submitted or uploaded onto WSC, violates or infringes any third party
intellectual property or proprietary rights, or has caused damage to a third
party; and
d)
our permitted use of
any material (as modified, adapted or enhanced by you where applicable),
related trade marks and logos, or images and other materials that you provide
to us under this Agreement.
16.2
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 WSC platform.
17.
MODIFICATIONS TO
THIS AGREEMENT
17.1
We may modify this
Agreement or the Policies (and update the WSC pages on which they are
displayed) from time to time. We will send notification of such modifications
to your WSC account or advise you the next time you login.
17.2
When you actively
agree to the terms (for example, by clicking a button saying "I
accept") or use WSC in any manner after the notification referred to in
clause 17.1, the modified terms will be effective immediately. In all
other cases, the amended terms will automatically be effective 30 days after
they are initially notified to you.
17.3
If you do not agree
with any changes to this Agreement (or any of our Policies), you must notify us
and we will terminate your WSC account, and you must stop using the WSC platform.
18.
NO AGENCY
18.1
No agency,
partnership, joint venture, employee-employer or other similar relationship is
created by this Agreement. In particular you have no authority to bind us, our
related entities or affiliates in any way whatsoever. All Third Party Services
that may be promoted on WSC are provided solely by such Third Party Service
providers.
19.
NOTICES
19.1
Except as stated
otherwise, any notices must be given by registered ordinary post or by email,
either to our contact address as displayed on WSC, or to the Survey
Respondent's or Survey Creator's contact address as provided at registration
(if the notice is directed to them). Any notice shall be deemed given:
a)
if sent by email, 24
hours after email is sent, unless the User is notified that the email address
is invalid or the email is undeliverable; and
b)
if sent by pre-paid
post, three Business Days after the date of posting, or on the seventh Business
Day after the date of posting if sent to or posted from outside Australia. In
this section, "Business Day" means a day on which banks are open for
general business in Sydney, New South Wales, other than a Saturday, Sunday or
public holiday.
19.2
Notices related to
performance of any Third Party Service must be delivered to the supplying Third
Party as set out in Third Party Service provider terms and conditions.
20.
MEDIATION AND
DISPUTE RESOLUTION
20.1
We encourage you to
try and resolve disputes with us or Survey Respondents or other Survey Creators
directly. Accordingly, you acknowledge and agree that we may, in our absolute discretion,
provide your relevant information to other parties involved in the dispute.
20.2
We may offer you
access to a Third Party Dispute Service. If persons in a dispute agree to use a
Third Party Dispute Service, each person is responsible for paying any costs
associated with the Third Party Dispute Service in accordance with the relevant
Third Party Dispute Service terms and conditions.
20.3
If we provide
information of other Survey Creators or Survey Respondents to you for the
purposes of resolving disputes under this clause, you acknowledge and agree
that such information will be used only for the purpose of resolving the
dispute (and no other purpose) and that you will indemnify us against any
claims relating to any other use of information not permitted by this
Agreement.
21.
PRIVACY
21.1
Our privacy policy,
which is available at www.websurveycreator.com/privacy_policy.aspx
applies to all Survey Creators and forms part of this Agreement. Use of the WSC
platform confirms that you consent to, and authorise, the collection, use and
disclosure of your personal information in accordance with our privacy policy.
21.2
You must ensure that
you, and any of your related bodies corporate (as that term is defined in the Corporations
Act 2001 (Cth)) comply with the Privacy Act 1988 (Cth), including
the Australian Privacy Principles, in the performance of your obligations under
this Agreement.
21.3
Third Party Service providers
will provide their service pursuant to their own privacy policy. Prior to
acceptance of any service from a third party, you must review and agree to
their terms of service including their privacy policy.
22.
GENERAL
22.1
The WSC platform is
administered by us from offices in Sydney, New South Wales Australia. These
conditions and your use of the WSC platform 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.
22.2
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.
22.3
We may assign or
novate this Agreement to a third party without your consent. In the event of an
assignment or novation, you will remain bound by this Agreement.
22.4
This Agreement sets
out the entire understanding and agreement between both parties with respect to
its subject matter and supersedes all prior or contemporaneous understandings
regarding such subject matter.
DEFINITIONS
"ACL" means the Australian Consumer Law,
contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
"Agreement"
means the most updated
version of the agreement between us and you.
"Applicable
Laws and Regulations"
means all laws,
statutes, regulations, edicts, by-laws, mandatory codes of conduct, standards
and guidelines, whether local, national, international or otherwise existing
from time to time to which that party is subject and which is relevant to that
party’s rights or obligations.
"Consumer
Guarantees" means
the consumer guarantees contained in Part 3-2 of the ACL.
"Force
Majeure Event" affecting
a party means a circumstance beyond the reasonable control of that party
causing that party to be unable to observe or perform on time an obligation
under this Agreement, including acts of God, lightning strikes, earthquakes,
floods, storms, explosions, fires and any natural disaster, acts of public
enemies, terrorism, riots, civil commotion, malicious damage, sabotage,
revolution and acts of war and war, general strikes, embargos and any power,
water or other utility shortage. For the avoidance of doubt, an event
affecting a subcontractor of a party is not beyond the reasonable control of
that party unless the event affecting the subcontractor is itself a Force
Majeure Event.
"GST" has the meaning given to it in the A
New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Intellectual
Property Rights"
means all intellectual property rights, including:
a) patents, copyright, rights in circuit
layouts, registered designs, trade marks and the right to have confidential
information kept confidential; and
b) any application or right to apply for
registration of any of those rights.
"Non-excludable
Condition" means
any implied condition, warranty or guarantee in a contract, the exclusion of
which would contravene the law or cause any part of the contract to be void.
"Project" means a project created by a Survey
Creator on the WSC platform to enable and encourage Survey Respondents to
provide responses in relation to a particular topic. to discuss or interact in
relation to a particular topic. Such Projects may include, but are not limited
to 360 degree surveys, market research surveys, CATI module surveys, face2face
touch surveys and other general surveys.
"Survey
Creator" means you or the business or organisation that you represent
(other than a Survey Respondent).
"Survey
Respondent" means a person engaged to participate in Projects created
by you on the WSC platform (other than a Survey Creator).
"Third
Party Dispute Service"
means a third party dispute resolution service provider used to resolve any
disputes between users.
"Third
Party Services"
means the promotions and links to services offered by third parties as may be
featured on WSC from time to time. It includes, without limitation, all
translation and/or map location services offered through the WSC platform not
under WSC's control or operation.
"WSC" means the Web Survey Creator website at
www.websurveycreator.com/default.aspx, WSC
tablet (Face2Face iPad app) or smartphone app, and any other affiliated
platform, operated by us, that may be introduced from time to time.
Rules of
Interpretation:
In the WSC
Agreement and all Policies, except where the context otherwise requires:
(a)
the singular
includes the plural and vice versa, and a gender includes other genders;
(b)
another grammatical
form of a defined word or expression has a corresponding meaning;
(c)
a reference to a
document or instrument includes the document or instrument as novated, altered,
supplemented or replaced from time to time;
(d)
a reference to A$,
$A, dollar or $ is to Australian currency;
(e)
a reference to time
is to the time in New South Wales, Australia;
(f)
a reference to a
person includes a natural person, partnership, body corporate, association,
governmental or local authority or agency or other entity;
(g)
a reference to a
statute, ordinance, code or other law includes regulations and other
instruments under it and consolidations, amendments, re‑enactments or
replacements of any of them;
(h)
the meaning of
general words is not limited by specific examples introduced by including, for
example or similar expressions;
(i)
headings are for
ease of reference only and do not affect interpretation;
(j)
any agreement,
representation, warranty or indemnity in favour of two or more parties
(including where two or more persons are included in the same defined term) is
for the benefit of them jointly and severally; and
(k)
a rule of
construction does not apply to the disadvantage of a party because the party
was responsible for the preparation of this agreement or any part of it.
