Survey Choice Terms of Service

  1. Introduction

    The Survey Choice Website - www.surveychoice.com.au ("Site") and service ("Service") is owned and operated by APD Performance Pty Ltd A.B.N. 36 096 918 08 (referred to hereafter as "Survey Choice", “Site” or “Service”).

  2. Acceptance of Terms

    Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS").

    BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS.

    If you do not agree to our TOS, which includes by incorporation our Privacy Policy, you must immediately terminate your account by following the instructions provided on the Site. This Site is provided for the personal enjoyment of Members subject to these TOS and all modifications thereto, and any other rules or guidelines, including any game or sweepstakes rules that may be published from time to time by Survey Choice on this Site. Survey Choice reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services. You should check these Terms of Service periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms of Service is noted above. Your use of the Site following any modifications to these Terms of Service shall be deemed to be your assent to any such modifications.

  3. Description of Service

    The Survey Choice member program is operated as a survey panel and permission marketing database for individuals who voluntarily register on the Site ("Members"), and agree to, and abide by, these TOS.

    Members are rewarded for their loyalty and participation through the Survey Choice Reward System.

  4. Survey Choice Reward System

    Members may be rewarded ("Points", "Rewards" or "Survey Choice Reward Points") for participating in certain activities such as completing surveys; and by other methods as notified from time to time on the Site.

    Members will be notified before each survey the reward they will receive for the valid completion of that activity. Invalid responses will not be rewarded, and may result in membership cancellation. Survey Choice Rewards will be awarded for valid responses up to 45 days after participation in the relevant activity.

    Outstanding Rewards may appear as a pending balance in members accounts and will become available for members to redeem once the transaction or survey response has been validated.

    Survey Choice Reward Points can be accumulated and redeemed for vouchers, prizes and other benefits as notified from time to time on the site.

    Survey Choice Reward Points have no value outside of the Survey Choice Reward Program. Rewards can not be transferred to other members.

  5. Conditions of Membership

    Survey Choice Members must agree to accept Email Messages from Survey Choice.

    Survey Choice reserves the right to send you email messages from time to time for which you may not be rewarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail. Survey Choice is under no obligation to provide you with any particular number of opportunities to earn Rewards or to send messages to you.

    As a condition of your membership you represent and warrant that:

    1. You are at least 16 years of age;
    2. You are a permanent resident of Australia;
    3. All information supplied by you is complete, true and accurate;
    4. You understand and agree that if your account is terminated for your breach of this agreement, any accrued Survey Choice Reward Points and outstanding or undelivered rewards will be forfeited and you will lose the right to participate in the program, including any current offers or rewards. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of Survey Choice;
    5. You understand and agree that in addition to these TOS, each prize draw conducted will be governed by the official terms of that draw as notified on the Site;
    6. You agree that no interest shall accrue and that Survey Choice Reward Points have no monetary value. In the event that you participate in a transaction with a reward partner that would make you eligible to collect Reward Points, Survey Choice will make reasonable efforts to have the points credited to your account. You acknowledge that in order for us to award points that your browser must accept cookies. You acknowledge that certain firewall or filtering software may cause points to not be credited to your account;
    7. You understand and agree that Survey Choice will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued Survey Choice rewards or prizes;
    8. You must not maintain more than one account on the Site and understand that a limit of 3 memberships applies to one postal address. If more than 1 account is registered at an address. The account holders at this address may be asked by the Site to prove their identity and address details. Accounts can be suspended until such identification is received and verified by the Site;
    9. You must inform Survey Choice of any change in your personal details, including email address and street address. Contact details and preferences must be updated using the facility provided once you have logged in to the site. Rewards and prizes will be made in favour of you and will be delivered to the address specified in your account profile. Prizes are not transferable to any other person;
    10. You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify Survey Choice; and
    11. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting Survey Choice Reward Points or with any other activity on the site.

    Survey Choice may reject any new member application from any person with or without cause at its sole discretion. Survey Choice reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TOS.

    Employees of Asia Pacific Digital and their immediate families are ineligible to participate in the Survey Choice program.

  6. Third Party Promotions

    As part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). These Third Party Promotions include survey invitations and any other activity as notified from time to time on the Site:

    All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by Survey Choice or its affiliates, directors or employees.

    Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that Survey Choice will not be held responsible or liable for any part of any such dealings or promotions.

  7. Linked Sites

    Survey Choice may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by Survey Choice in any way. Survey Choice is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply Survey Choice's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall Survey Choice be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Survey Choice reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.

  8. Privacy Policy

    The information collected and used by this Site is governed by the Survey Choice Privacy Policy.

  9. Disclaimer of Warranties

    To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, Survey Choice excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, Survey Choice's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.

  10. Limitation of Liability

    To the extent permitted by law, Survey Choice, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Survey Choice has been advised of the possibility of such damages), resulting from:

    • the use or the inability to use the service;
    • the use of, or reliance on any information published on the site;
    • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    • unauthorised access to or alteration of your transmissions or data;
    • statements or conduct of any third party on the service; or
    • any other matter relating to the service.

    Survey Choice shall not be obliged to issue any Rewards or prizes that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.

  11. Indemnification

    You indemnify Survey Choice, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.

  12. Termination

    You may terminate your membership with Survey Choice at any time by using the facility provided on the Site. If you terminate your membership you will forfeit your Survey Choice Reward Points and any outstanding or undelivered rewards due.

    If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not be eligible to collect Survey Choice Reward Points until we have re-validated your email address. Other than a notification on the Site Survey Choice will not be responsible for notifying you that your account has been suspended.

    Survey Choice reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:

    • Your account has been suspended for more than 30 days
    • Failing to log in to the site for a period of more than 3 months
    • Your breach of this TOS
    • Any conduct by you that we believe is detrimental to the business interests or reputation of Survey Choice
    • Any action taken by you that harms or potentially harms Survey Choice or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.

    If Survey Choice terminates your membership you will forfeit your Survey Choice Reward Points and any outstanding or undelivered rewards due. Once your membership has been terminated by us you will be ineligible to re-enrol at any future date.

  13. Intellectual Property

    surveychoice.com.au and Survey Choice are trademarks of APD PERFORMANCE PTY LTD A.B.N. 36 096 918 080. All contents of the service are Copyright © 2017 APD PERFORMANCE PTY LTD A.B.N. 36 096 918 080. The Service is operated by APD Performance Pty Ltd A.B.N. 36 096 918 080. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Survey Choice, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

  14. Applicable Law

    These terms of service are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.