Last Updated: 2nd July, 2018
Xxtra Research Pty Ltd ABN 19 125 415 385 operates Airtime Surveys, an online community and surveys platform, as well as other market research services, from within Australia. Xxtra Research Pty Ltd from here on in will be referred to as our business name, Xtra Insights.
1. Site Use
2. Account Holders
- To access the services offered by Xtra Insights on this Site you may need to become a Member Account Holder or an Admin Account Holder. To become an Account Holder, you must complete your registration details in the manner described on the Site.
- We reserve the right to terminate your Account if at any time, you breach the Terms and Conditions.
- If you are not an Account Holder, you are entitled to access limited sections of the Site. Persons in this category are described as ‘guests’.
- You are responsible for protecting the confidentiality of your account and password details.
3. Obligations of Account Holders And Guests
You agree to abide by the following Terms and Conditions: -
- You accept that any material or information provided by you will be available for other members or guests to read.
- You assign all copyright which subsists in any material or information provided by you to Xtra Insights. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.
- You will not post, transmit or otherwise provide any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable.
- You will not post or transmit material which contains viruses or other computer codes, files or programs which is designed to limit or destroy the functionality of computer software or hardware.
- As a Member Account Holder, you may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivatives of works from any material downloaded from the site. In addition, Member Account Holders may not commercialise any information, products or services from the downloaded material.
- As an Admin Account Holder, you may not publicly share, distribute or otherwise transmit any personal information of any Member or other Admin Account Holder without prior consent.
- All information provided by Xtra Insights is provided in good faith. We derive our information from sources which we believe to be accurate and up-to-date as at the date of publication and we reserve the right to update this information at any time. You accept that any information provided by us is general information and is not in the nature of advice. Xtra Insights is under no obligation to update its information.
- We do not make any representations or warranties that the information provided on the Site is reliable, accurate or complete or that your access to the services on the Site will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided on the Site. You should make your own enquiries before acting or relying on any information or material which appears on the Site.
Responsibilities for the content of advertisements appearing on the Site (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by Xtra Insights. Each advertiser is solely responsible for any representation made in connection with its advertisement.
6. Amendments to Terms & Conditions
7. Specific Warnings
- You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.
- You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
- For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site.
- You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions, data or information contained on your computer system or on the Site. Any information or material which you post or transmit is done at your risk. We do not accept responsibility or liability for any loss you may sustain as a result of such activity.
Copyright in the Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by Xtra Insights. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or (b) commercialise any information, products or services obtained from any part of the Site; without our written permission.
9. Trade Marks
If you use any of the trademarks owned by Xtra Insights in reference to our activities, products or services, you must include a statement attributing the trade mark to Xtra Insights. You must not use our trademarks: (a) in or as the whole or part of your own trademarks; (b) in connection with activities, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including the Site).
10. Restricted Use
Unless we agree otherwise in writing, you are provided with access to the Site for your personal use only. You are authorised to print a copy of any information contained on the Site for your personal use, unless printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the Site.
11. Hyperlinking Policy
- Subject to your observance of these Terms and Conditions, we grant you a non-exclusive right to provide hyperlinks from your web site to our material.
- In consideration of being granted this hyper linking right, you undertake the following obligations: (a) to not copy, reproduce, translate, adapt, vary or modify any of our material without our express consent, except as expressly authorised by these Terms and Conditions; (b) bring into disrepute us, our products, our Services, or our officers or employees; (c) to use only active links to our material and to not use deep or embedded hyperlinks; (d) to not use keying in connection with our material; (e) to only use our material in the form in which it is provided; (f) to not alter, amend, redraw, distort, animate or tamper with any of our material or associated icons in any way; (g) to retain any copyright or trade mark symbols that appear next to our material; (h) to supervise and control the use of our material in accordance with these Terms and Conditions; (i) to ensure your employees, sub-contractors and other agents who have authorised access to our material are made aware of these Terms and Conditions; (j) to not use our material in a manner that gives the impression or represents that any person, organisation or event, is in any way related to, sponsored by, or affiliated with us; and (k) to comply (within a reasonable time) with any demand or request by us in relation to your use of our material.
12. Linked Web Sites
- The Site may contain links to other web sites (‘Linked Web Sites’). Those links are provided for convenience only and may not remain current or be maintained.
- We are not responsible for the content or privacy practices associated with Linked Web Sites.
- Our links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by Xtra Insights of the owners or operators of the Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on Linked Web Sites, unless and to the extent stipulated to the contrary.
14. Termination of Access
Access to the Site may be terminated at any time by Xtra Insights without notice. Our disclaimer will survive termination.
- Any material which you post or transmit may be removed by us from the site without notice at any time.
- Xtra Insights accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
- If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.
16. Prizes and Incentives
- Once a prize or incentive is accepted by any Member Account Holder, it is your responsibility to ensure that the correct contact details are supplied to Xtra Insights
- Xtra Insights accepts no responsibility for incorrectly supplied details of any Member Account Holder for any prize or incentive or shipping and as such will not be held liable for loss or misplacement of any prize ordered.
- Xtra Insights has no liability to refund or credit a member for any prize lost or misplaced.
- Xtra Insights reserves the right to appoint a "third party" to act on its behalf to supply, manage and distribute prizes to members. On those occasions, all Terms & Conditions as outlined in Clause 16 will apply.
- We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any Linked Web Sites, nor do we accept any responsibility for any loss arising out of your use of or reliance on information contained in or accessed through the Site.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation 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 for a breach of that condition or warranty to one or more of the following:- (a) if the breach relates 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 of acquiring equivalent goods; or iv. the payment of the cost of having the goods repaired; and (b) if the breach relates to Services: i. the supply of the Services again; or ii. the payment of the cost of having the Services supplied again.
- You also acknowledge and agree to the specific disclaimers:- (a) You should not in any way rely on the information contained within this Site. Make your own independent enquiries and obtain independent advice about this Site and any Linked Web Sites. (b) No advice or information, whether oral or written, obtained by you from or through the Site or the Services shall create any warranty not expressly made herein. (c) Xtra Insights accepts no liability whatsoever arising from the information contained within this Site, or a link site, being incorrect, incomplete or misleading. (d) If you create a link to this Site, you do so at your own risk. Xtra Insights has not agreed to any conduct connected with the linked site which may be unlawful, or an infringement of another party's rights. (e) Xtra Insights, to the extent permissible by law, makes no guarantees as to the currency, availability, completeness, accuracy or fitness for purpose of the information or services provided on the Site. (f) In no event shall Xtra Insights be liable for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, products and other Services obtained through the Site, or otherwise arising out of the use of the Site, whether based under contract, negligence or other tort, strict liability or otherwise, even if Xtra Insights has been advised of the possibility of such damage. (g) If you download any material from the site you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. (h) Xtra Insights makes no representations about the suitability of the information, products and Services contained on the Site for any purpose. Xtra Insights makes no warranty that the information provided on the site is reliable, accurate and complete and that access to the services will be uninterrupted, timely, secure or error free. (i) Xtra Insights does not accept any responsibility or liability for any information or material which you submit to the Site nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Site by other members or guests. (j) Unless Xtra Insights has agreed in writing, Xtra Insights prohibits any activity which uses intellectual property owned by or licensed to Xtra Insights which may result in a Claim against Xtra Insights or involve Xtra Insights in any liability.
You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against Xtra Insights, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of or relate you directly or indirectly to your use of the Site.
19. Exception to Disclaimer
The disclaimer and release set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You hereby agree to indemnify, defend and hold Xtra Insights, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax including GST, liability and/or expense that may be incurred by Xtra Insights, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any Claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
Xtra Insights retains all rights, title, and interest in the Site and the corresponding intellectual property rights and reserves all rights not explicitly granted.
22. Governing Law
These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
In these Terms and Conditions, the expressions “we”, “us” and “our” are a reference to Xxtra Research Pty Ltd (ABN 19 125 415 385). “Claim” means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent; “Services” includes without limitation, any service, offering, transaction of any type or products or goods available or accessible at or via the Site;
24. To Return to the Site
To return to the Site, where indicated. By doing so, you acknowledge that you have read, understand and accept the above Terms and Conditions.