Terms and Conditions
These conditions govern all access to and use of this website
1. Definitions
a. “site” means any part of the web site which links to this page and any other web site operated by or on behalf of us;
b. “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, submission of any email to an email address identified at or through the site, or participation in any chat-room or similar facility available at or through the site;
c. “we”, “us” and “our” means Select Opinion Leaders 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
d. “you” and “your” means any person who uses the site.
2. General
a. The Select Opinion Leaders panel is owned and operated by ekas Market Research Pty. Ltd.
(A Division of Meleina Pty. Ltd. ABN 85 003 637 830) P.O. Box 1190 Brookvale NSW 2100.
b. You must read and agree to these conditions before making any other use of the site. You must not use the site if you do not agree to these conditions.
c. By making use of this site and/or registering as a panelist of the Select Opinion Leaders panel (Member) you agree and accept to be bound by these terms and conditions.
d. 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 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.
e. Select Opinion Leaders reserves the right to amend or terminate these terms and conditions at any time without prior notice. Any amendments to these terms and conditions will be posted on the Select Opinion Leaders website.
f. We may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.
g. You agree that the information you submit to the site may be stored (including third party service providers) and used and disseminated for any reasonable purposes associated with the market research.
h. Privacy of your information is subject to our Privacy Statement.
i. Select Opinion Leaders is not responsible for any damage to a member's computer occasioned by participation in the program or downloading of any information necessary to participate in the program.
j. 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.
k. By signing up to Select Opinion Leaders you agree to participate in research projects that we may invite you to from time to time. These may take the form of, but not limited to, online surveys, telephone interviews, group recruitment, etc.
3. Membership and Registration
a. The Select Opinion Leaders panel is open to membership from residents of Australia and New Zealand aged 16 years of age and above.
b. If you are under 18 years of age you must obtain your parent's or legal guardian's consent before registering as a member and your parent or legal guardian must guarantee the performance of any obligations you may have under these terms and conditions at the time of registering as a member.
c. Only one account may be maintained per person. A single email address must not be used for multiple accounts even if the accounts are for different people.
d. Select Opinion Leaders membership is not open to employees of Select Opinion Leaders, ekas Market Research, its parents, its subsidiaries, affiliates and suppliers connected in any way with the panel or the operation of the Select Opinion Leaders website and members of their immediate family.
e. Select Opinion Leaders reserves the right to check and validate any information provided by a member.
f. Select Opinion Leaders reserve the right to cancel or terminate any accounts without notice.
g. As a member you warrant that any information you provide to the site including any personal details will be true, accurate and complete in all respects.
4. Rewards and Reward Points
a. You must be a registered member of the Select Opinion Leaders panel in order to earn and claim reward points.
b. Members are eligible to earn “Reward points” based on the surveys they validly complete and cash rewards are available for face to face participation.
c. The amount of rewards points awarded is based on the complexity and length of time required to validly complete a survey.
d. From time to time the activities that allow you to earn reward points may change at Select Opinion Leaders discretion. Any change will be clearly set out either in the amended terms and conditions or on the Select Opinion Leaders Site.
e. “Reward points” are non-negotiable and cannot be converted into cash; they can only be redeemed for items listed on the rewards page of the Select Opinion Leaders site. When a member redeems their points for a reward, the number of points required to redeem that reward will be deducted from the members account.
f. Select Opinion Leaders reserves the right to remove or replace any reward from the list without notice. In the event that the rewards program is terminated, members will be notified and given 2 months in which to redeem their Select Opinion Leader points.
g. Select Opinion Leader “Reward points” will be available for redemption as soon as they are posted to a members account. “Reward points” will be posted to a members account no later than 30 days after a survey or other activity has been validly completed.
h. In the case of a discrepancy or error in the points being deposited to a members account, it is the responsibility of the member to contact Select Opinion Leaders. All Select Opinion Leaders members have the right to be treated fairly and equally in terms of any dispute. Select Opinion Leaders will not be held liable for any errors regarding Select Opinion Leader points of which it is not notified by the member within a reasonable period of time of the error being made, if you have any concerns about your points please contact us as soon as possible.
i. The value of a selected reward must not exceed the number of Select Opinion Leader reward points in a members account. Choosing a reward which requires a lesser value of reward points is permitted. Any unused reward points will remain in the members account for future use.
j. Select Opinion Leader points expire 3 years from the date of accrual and will then no longer be valid.
k. Members should remember that if they no longer wish to be a part of the Select Opinion Leaders panel that their reward points will be forfeited once they terminate their account. Any accrued reward points that a member wishes to be redeemed must be redeemed before the members account is terminated.
l. All research invitations that you receive will state the nature of the incentive that will be awarded to you, any other participation with Select Opinion Leaders that may award you with an incentive will be clearly disclosed to you.
5. Termination of membership
a. A member may terminate their account voluntarily at any time by logging in to the panel site and going to the settings tab, selecting unsubscribe and following the prompts accordingly.
b. Select Opinion Leaders reserves the right to suspend and or terminate the membership and account of any panel member without prior notice and at Select Opinion Leaders sole discretion.
c. A members account may be terminated under circumstances (but not limited to) such as:
i. Breaches and/or violations of the terms and conditions or other incorporated agreements or guidelines
ii. The same member activating and using more than one account
iii. Lack of regular participation in surveys by a member
iv. Having an account registered with an invalid email address
v. A member responding to emails and/or surveys intended for another person
vi. A member providing false, misleading and /or fraudulent responses or assisting or engaging in another member to act fraudulently on the site
vii. A member using or redeeming points obtained in violation of these terms and conditions or points which are erroneously credited to a members account
viii. A member exhibiting inappropriate conduct on and/or misusing the Select Opinion Leaders site.
d. The decision of Select Opinion Leaders will be final in the case of any dispute in relation to a member.
6. Inappropriate use and content
a. A member is solely responsible for usage or activity on their account, including use of the account by any third party (which is prohibited).
b. Members must not:
i. email, post or submit any defamatory, offensive, illegal or inappropriate material
ii. send messages that contain a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties
iii. interfere with or infringe a third parties intellectual property rights such as but not exclusive to copyright, trademarks, service marks, logos or confidential information
iv. attempt to modify or damage the site
v. use this site in connection with any mass distribution of email (spam), phishing or denial of service attack.
vi. cause or permit any other person to engage in any of these activities
c. A member may not use spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the Site or to manipulate the results of any market research activities or prize draw on the Site.
d. Members may not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mail-bombing", or "crashing" the Site.
7. Third party material and links to and from third party sites
a. The site may include content or references supplied by users or other third parties (“third party material”). Select opinion Leaders does not monitor and does not accept liability for the third party material.
b. 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.
c. Select Opinion Leaders makes no representation and gives 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.
d. 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.
e. Select Opinion Leaders may from time to time provide links to third party websites. These are provided solely as a convenience to you.
f. Select Opinion Leaders does not make any representation to the intellectual property rights of any material available on the linked third party website.
g. Third party websites are not reviewed or monitored by us 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. And,
h. 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.
i. It is the members responsibility to evaluate the content and usefulness of information obtained from other sites.
j. The member acknowledges by the acceptance of these terms and conditions 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.
k. Your access to and reliance on any third party material or web site is entirely at your own risk.
l. Other sites may only link to the site with our prior written permission.
m. Any site that links to the site must link to the relevant home page and must not:
i. replicate the site’s content;
ii. create a browser or border environment around the site’s content;
iii. imply any endorsement by us;
iv. misrepresent its relationship with us;
v. present false information about our products and services; or
vi. use our name or logos without our prior written permission.
8. Viruses
a. We cannot and do not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
b. Individual members are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
9. Copyright, trade marks & limited right to use materials
a. Select Opinion Leaders 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.
b. Unless otherwise expressly stipulated by us, members may only use the site for their personal use and members may only print or make an electronic copy of information available on the site for that purpose.
c. You must not sell or otherwise commercially exploit any information made available at the site.
d. 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.
e. If you breach any of these 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.
f. 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.
g. You must not submit material to the site if a third party has any intellectual property rights in that material.
10. Indemnity and Exclusion of Liability
a. Subject to any non-excludable rights:
i. your use of the site is entirely at your own risk;
ii. 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;
iii. 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 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;
iv. 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.
b. 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 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 or services again or payment of the cost of providing the information or services again (at our election).
c. 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 conditions or otherwise howsoever from or in connection with your use of the site.
11. Governing Law
a. These terms and conditions are governed by the laws in force in New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
b. You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.
Should you have any questions regarding these Terms and Conditions you may contact us by email at julie@selectopinionleaders.com.au or by mail at PO Box 1190, Brookvale NSW 2100.