1. Use
Use of the Evalu8ing online survey system, including any updates, enhancements and new features thereof (Services), is provided to you subject to the following terms of use (Terms). In these Terms, a reference to “us”, “our” or “we” means Evalu8ing Pty Ltd (ACN 135 382 375). A reference to “you” or “your” means the user of this website and/or the Services.
We reserve the right to update or amend the Terms at any time without any notice to you.
By using the Services, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, you are not authorised to use the Services and must immediately exit this website and cease using the Services.

2. Payment
You agree to pay all applicable charges for the Services provided to you through this website, including any applicable taxes or charges imposed by any government authority.
We may change our pricing at any time without any notice to you.
You must supply us or our online payment service provider with the correct credit card information.
Whilst every precaution is taken to ensure that you are transacting with us in a safe and secure environment, we do not accept any responsibility for any loss or damage incurred where your credit card has been used fraudulently or in an unauthorised manner.
If the credit card cannot be processed for whatever reason, we reserve the right to cancel the Services provided to you and recover from you any cost and expense incurred by us as a result of being unable to process your credit card payment.

3. Member account, password and security
You must create your user account by providing current, complete and accurate information as requested in the ‘Create an Account’ form.
You may choose a user name and password or one will be generated automatically for you. You are solely responsible for maintaining the confidentiality of your password and account information.
You are solely responsible for all activities which occur under your account. You agree to:
• immediately notify us of any unauthorised use of your password or account or any other breach of security that you become aware of; and
• ensure that you exit from your account at the end of each session.
We will not be liable for any loss, cost or damage that you may suffer or incur as a result of someone else using your password or account, either with or without your knowledge.
We reserve the right to hold you liable for any loss, cost or expense incurred by us or any other party due to someone else using your account or password.

4. Privacy
For details of our privacy policy, please refer to the privacy policy hyperlink on our home page.

5. Member Conduct
You acknowledge and agree that you are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content) which originates from you and which you upload, post, e-mail, transmit or otherwise make available through our website.
We do not control any Content not posted by us and do not guarantee the accuracy, integrity or quality of such Content.
We will not be liable for any loss, damage or costs incurred or suffered by you or any other party as a result of any errors or omissions of any Content contained on this website.
You acknowledge and agree that by using our website and the Service, you may be exposed to Content that may be offensive, indecent or objectionable.
As a condition of your use of the Services, you must not and must not attempt to:

  • damage, deny service to, hack, crack, password mine, reverse-engineer, or otherwise interfere (Interfere) with our website in any manner or by any means;
  • obtain materials or information through any means not intentionally made available to you through the Services;
  • interfere with any other party’s use and enjoyment of our website or the Services;
  • gain unauthorised access to any Services, other accounts, computer systems or networks connected to any of our servers or to any of the Services;
  • upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload survey links to message boards or newsgroups without express permission from us;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, an Evalu8ing official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of our website, the Services, our servers or another party’s computer or property;
  • upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • interfere with or disrupt our website, the Services or any servers or networks connected to our website or the Service, or disobey any requirements, procedures, policies or regulations of networks connected to our website or the Service;
  • intentionally or unintentionally breach any applicable local, state, national or international laws or regulations including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective e-mail address registry laws, (together Prohibited Conduct).
  • If you engage in any Prohibited Conduct or Interfere in any way with our website or the Services, you agree to pay all costs, damages (including, but not limited to liquidated damages) and loss of any kind (whether remote or unforeseen) we or any other party suffer or incur.
  • If you engage in Prohibited Conduct, Interfere with our website or Services, or defraud or attempt to defraud us, credit card companies or any other parties, you relieve us from any contractual or legal obligation to you and specifically authorise us to release your personal information to any government or law enforcement agency or authority.
  • We reserve the right to refuse to provide any Services to any user, at any time, and in our sole and absolute discretion.
  • You acknowledge and agree that we have no obligation to review the Content provided by you or your use of the Services, provided that we have a right to do so and may block any e-mail messages and or terminate any use of the Services that we believe may be (or is alleged to be) Prohibited Conduct.
  • You acknowledge and agree that we may block our IP address or addresses at any time, and in our sole and absolute discretion, thereby disallowing your or any other user’s continued use of our website.

6. Anti-Spam
6.1. E-mail and Prohibited Content
E-mail messages sent in connection with the Services must provide recipients with the option to opt-out of the e-mail messages (Opt-out Option).
You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the Opt-out Option from any e-mail invitation you send.
You must actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your e-mail lists and address books to reflect the unsubscribe requests.
You are responsible for ensuring that during the use of the Services your e-mail messages do not generate a number of spam complaints in excess of any applicable industry standards.
If we determine in our sole and absolute discretion that your level of spam complaints is higher than industry standards, we may, in our sole and absolute discretion, terminate your use of the Services.

6.2. Permission Lists Only
We have a zero-tolerance spam policy. Your account will be terminated if you send unsolicited e-mail messages.
You must only use the Services to send e-mails to people who have given you permission to e-mail them. If you do not have permission, you must not send e-mails to those people.
You must not use third-party, purchased, rented, or harvested mailing lists. If you are in breach of this provision, we will terminate the Services immediately and you will not be entitled to any refund or rebate for monies paid to us.
You must not mail to newsgroups, message boards, distribution lists, or unsolicited e-mail addresses.
You must not use the Services to send any commercial electronic mail messages to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned.
Your e-mail must include your valid physical postal address.

6.3. Reporting Spam
If you suspect that the Services have been used to send spam, please contact us immediately at abuse@evalu8ing.com.

6.4. Breach
If you breach any of the provisions contained in this clause 6, you will be liable for any costs, expense or damage, of whatever nature, we suffer or incur.

7. Modifications To Service
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you.
You acknowledge and agree that we will not be liable for any loss, costs or damage incurred or suffered by you or any other party for any modification, suspension or discontinuance of the Service.
You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted through use of our website or the Service.
We reserve the right to delete accounts that are inactive for more than six months.
We reserve the right to change our general practices and procedures at any time and in our sole discretion, with or without notice to you.

8. Copyright
Any software that is made available for your use as part of the Services (Software) is our copyrighted work.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
We are not selling the Software to you. You are merely authorised to use the Software as part of the Services we provide to you on these Terms.
All title and copyright in and to the Software are owned by us or our suppliers. All title and intellectual property rights in and to the Content which may be accessed through use of the Software is the property of the respective Content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
Without limiting the above, copying or reproducing the Software to any other server or location for further reproduction or redistribution is expressly prohibited.

9. Links To Third Parties
We make no claims or representations about any website not under our control that you may access from our website, whether by link, frame, or any other means (Linked Site).
Any link, frame, or any other means to access any Linked Site provided by us or otherwise on our website does not constitute our endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

10. Liability Disclaimer
To the maximum extent permitted by law, we are not liable for any loss or damage that you suffer or incur, arising out of or in connection with this website or provision of the Services, including but not limited to the actions of other users of this website or the Services, any information posted to this website by other users and any links to and the content of other websites.
You indemnify us and keep us indemnified for any loss or damage that arises out of or in connection with any material that you submit or post on this website.
The information, Software, products and Services and related graphics included on or available through our website (Website Content) may include inaccuracies or typographical errors. Changes are periodically made to the Website Content information. We may make those changes at any time, without any notice to you.
We and our respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of our Website Content.
All Website Content are provided in their current form without warranty of any kind. To the maximum extent permitted by law, we and our suppliers hereby disclaim all warranties and conditions with regard to all or any of the Website Content including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that we will not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through our website or the Services. You specifically agree we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that we are not responsible for any content sent using and/or included on our website or through the Services by any third party.
Neither we nor our suppliers will be liable for any direct, indirect, punitive, incidental, special or consequential damages, or damages of whatever kind including, without limitation, damages for loss of use of data or loss of profits, arising out of or in any way connected with:

  • the use or performance of our website or the Services;
  • the delay or inability to use the our website or the Services;
  • (c) the provision of or failure to provide Services, or for any other information, software, products, services and related graphics obtained through the our website; or
  • (d) the use of our website or the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.

If you are dissatisfied with any portion of our website or the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using our website and/or the Services.

11. General
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms will be effective only if in writing and signed by both us and you.
These Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Each provision of these Terms is severable. Severance of a provision does not affect any other provision of these Terms.

One Response to “Terms of Use”

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