These terms and conditions (Terms) contain the terms under which you may access and use the Platform. In clicking to accept these Terms or by using the Platform, you agree to be bound by these Terms.
“Credit” means a pre-paid unit that is used to purchase Responses to a Survey.
“Platform” means our web platform located at https://www.answercrowd.com, https://app.answercrowd.com.au and https://app.answercrowd.co.nz.
“Report” means the report generated by us that collates Responses to a Survey.
“Response” means each complete set of responses to a Survey.
“Survey” means a survey comprised of a choice of various types of questions created by you on the Platform.
“we", "us" and "our" are references to Answercrowd Pty Ltd ACN 162 039 394.
“you” and “your” are references to you as the user of the Platform.
3.1 In order to use the Platform and to purchase Credits from us, you will need to register as a business user. Upon registration we may collect information such as your name, address, email address and mobile phone number. You agree to provide accurate and complete information and to keep this information (as well as any credit card or other payment information) updated when interacting with us.
3.2 You will be supplied with a User ID and a password. You are solely responsible for any activity occurring on your account. You must maintain the security of your account details including User IDs and passwords. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately. You may not use another member or user’s account without their permission, nor permit any other person to use your User ID or password.
3.3 We may terminate your account and delete any content contained in it if there is no activity (such as a log in event or payment) for over 24 months or if you are in breach of these Terms. However, we will attempt to warn you by email before terminating your account for inactivity to provide you with an opportunity to log into your account so that it remains active.
4.1 In exchange for the payment of applicable fees, you may from to time order and purchase the number of Credits that you choose.
4.2 All prices listed on the Platform are in Australian Dollars and include GST where applicable.
4.3 You may not cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
4.4 Once your order has been accepted, you will receive an order confirmation via email. Please check this confirmation and notify us immediately of any discrepancies.
4.5 Payment must be effected in the manner described on the Platform (credit card or debit card) and must be received in full prior to provision of access of Credits by us.
4.6 If your payment is not received or declined by your bank or credit card issuer, we cannot deliver Credits. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before granting access to Credits.
4.7 Following our receipt of your payment of the applicable fees, we will activate the Credits so that they are available for utilisation by you. Except where we have delivered the incorrect Credit due to our error, or as otherwise required at law, once purchased, no refund will be issued.
4.8 If we terminate your account in accordance with these Terms, any Credits in your account will be forfeited on termination and will not be refunded to you.
4.9 You may cancel your account at any time by following the prompts on the Platform. Any unused Credits in your account will be forfeited on cancellation.
5.1 The price payable by you to submit a Survey is as quoted on the Platform. We may change the price charged for any aspect of a Survey at any time.
5.2 Prior to submitting a Survey, you will be notified on the Platform of the number of Credits payable by you in order to submit the Survey. You must have at least this amount of Credits in your account in order to submit the Survey. When the Survey is submitted, the Credits will be immediately deducted from your account.
5.3 You may monitor and preview the Responses as they are submitted by participants on the Platform and you may access and download a Report in pdf format once the number of Responses that you have requested has been received.
5.4 You agree that you must not use or permit the use of the Platform:
(a) in breach of any laws or regulations;
(b) to transmit unsolicited emails/spam; or
(c) to defame, abuse, harass, threaten or otherwise harm any person.
5.5 You must take your own precautions to ensure that the process which you employ for accessing the Platform does not expose to you to the risk of viruses, malicious computer code or other forms of interference which may damage yours or others’ computer systems.
6.1 All information appearing on, or that is obtained through the use of, the Platform (including in a Report) is provided in good faith. While we have no reason to believe that any particular information therein is or will be inaccurate, to the extent permissible at law we do not warrant the accuracy, adequacy or completeness of such information.
6.2 You accept that you are solely responsible for all questions and other content in a Survey. We do not warrant the suitability of any Survey for your business or objectives.
6.3 You accept that any information provided by us (including any Report) on the Platform is general information only and is not in the nature of advice.
7.1 Subject to clause 7.3, copyright and all intellectual property rights (including rights in respect of know-how) and all content and ideas (whether or not protectable under copyright) in and relating to the Platform and all Reports (including any text, graphics, logos, icons, photos, sound and audiovisual recordings and software) is owned or licensed by us.
7.2 “ANSWERCROWD” is our registered trade mark and may not be used except with our prior written consent. Without limiting our rights, all trade marks, brands and logos that appear on the Platform are either owned by us or we have a licence to use them. Your access to and use of our Platform does not license you to use those trade marks in any commercial sense.
7.3 You own and will retain all intellectual property rights in all content (including any text, graphics, logos, icons, photos, sound and audiovisual recordings) that you upload to the Platform (User IP).
7.4 You warrant that you own or are licensed to use the User IP and that your use of the User IP does not infringe any third party intellectual property rights.
8.1 We do not make any representations or warranties that your access to the Platform will be uninterrupted, timely, secure or error free.
8.2 We do not accept responsibility for and you indemnify us from liability in respect of any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Platform, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform, including but not limited to the content of any Report.
8.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law.
8.4 To the extent permissible at law in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Platform (including any staff or personnel hiring or engagement decisions made as a result thereof).
9.1 In the event of a breach by us of a condition, warranty or obligation under these Terms, to the maximum extent permitted by law, our liability for such breach is limited to (at our election and in our absolute discretion):
(a) resubmission of the Survey on the Platform;
(b) refund of Credits deducted from your account; or
(c) refund of any other charges deducted in error.
10.1 Your warrant that you will not use the Platform or any Responses in breach of any applicable laws, including, but not limited to laws relating to privacy, spam, intellectual property, defamation, misleading and deceptive conduct and employment.
10.2 You warrant that you have and or will obtain all relevant permissions and consents necessary for you to utilise the Platform.
10.3 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Platform and any breach of these Terms (including but not limited to any warranty).
11.1 These Terms are governed by the laws in force in Victoria, Australia.
11.2 We may transfer, assign or sub-license our rights or obligations under these Terms without your consent.
11.3 We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Platform. Your continued use of the Platform following such notification will represent and agreement by you to be bound by the Terms as amended.