Terms & Conditions

Terms & Conditions

These conditions govern all access to and use of this website

Definitions

“site” means any part of the website which links to this page and any other website operated by or on behalf of us;

“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;

“we”, “us” and “our” means Ava Research 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
“you” and “your” means any person who uses the site.

Scope of these conditions

You must read and agree to these conditions before making any other use of the site. If you do not agree to these conditions, you must not use the site. By making any use of the site, you thereby accept and agree to be bound by these conditions.
These conditions apply to all use of the site including your use of sections of the site which are subject to additional specific conditions. Your use of any section of the site which is subject to specific conditions is subject to your prior acceptance of those specific 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 conditions.

Conditions of Membership

Membership in the Ava Research Panel is open to residents of Australia aged 16 and above. 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.

Only one account may be maintained per person. Multiple accounts may not use a single email address even if the accounts are for different people.

Ava Research reserve the right to cancel any accounts without notice.

Dispute Resolution

Ava Research reserves the right to uphold any decision with respect to any dispute resolution.

Reward Points

Members are eligible to earn ‘Reward Points’ through various ways. Reward Points may be redeemed for rewards. All accumulated reward points are forfeited when a member unsubscribes or is removed from the panel.

Reward Points are non-transferable and cannot be converted into cash.  We reserve the right to remove, replace or change the points required to purchase any reward from the list without notice.

Termination

We reserve the right to terminate the membership and account of any Ava Research member without prior notice and in Ava Research’s sole discretion. Circumstances in which a member shall be terminated include but are not limited to;

  • breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines;
  • the existence of multiple accounts for the same member;
  • lack of regular participation in the online surveys by a member;
  • an invalid email address registered for an account;
  • a member responds to emails or surveys that are intended for another person;
  • false or fraudulent responses or other fraudulent activity;
  • falsified or intentional misleading personal profile data

Termination for any reason will result in forfeiture of any accumulated e-points.

Information you submit must be accurate

You warrant that any information you submit to the site including any personal details is and will be true, accurate and complete in all respects.

You agree that the information you submit to the site may be stored (including storage by third party service providers) and used and disseminated for any reasonable purposes associated with Market Research.

Inappropriate use and content

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the site and must not use the site in connection with any mass distribution of email (spam) or denial of service attack. You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site. You must not cause or permit any other person to engage in any of these activities (eg. by providing them with access to your computer or by providing password information to them).

We are not liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and the risk of injury from such content rests entirely with you.

Third party material

The site may include content or references supplied by users or other third parties (“third party material”). We do not monitor and we accept no liability for third party material. 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. We make no representation and give 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. Your access to and reliance on third party material is entirely at your own risk.

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.

Links to third party web sites

Any links to third party web sites from the site are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites. We do not review and monitor any linked third party web sites 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. 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. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.

You acknowledge and agree 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.

Links from other sites to the site

Other sites may only link to the site with our prior written permission. Any site that links to the site must link to the relevant home page and must not (a) replicate the site’s content; (b) create a browser or border environment around the site’s content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our products and services; or (f) use our name or logos without our prior written permission.

Viruses

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. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Privacy

Privacy of your information is subject to our Privacy Statement

Warranties

We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement (“non-excludable rights”).

Subject to any non-excludable rights: (a) the site and its contents are provided on an “as is” basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the site) are excluded.
If you find any errors or omissions, please report them to us.

Liability arising from use of the site

Subject to any non-excludable rights: (a) your use of the site is entirely at your own risk; (b) 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; and (c) 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. 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.

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).

Indemnity

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.

Governing law

The site is administered by us from offices in New South Wales Australia. These conditions and your use of the site and any disputes between you and us shall be governed by and construed in accordance with the laws of New South Wales, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in New South Wales. You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.

Severance

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.

Changes to site content and access rights

We may modify the content, nature or accessibility of the site as and when we see fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.

Revision of these conditions

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.

Changes to site content and access rights

We may modify the content, nature or accessibility of the site as and when we see fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.