Terms of Use
These Terms of Use (“TOU”) apply to your access and use of products, services, websites, and applications that you purchase or sign up for branded as “SurveyManager” supplied by Australian Survey Research Group Pty Ltd (ASR).
Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”).
Billing cycles are typically monthly or annual depending upon the subscription plan you select.
Applicable Product Terms and Updates for Online Services
You are a Customer. When Customer renews or purchases a new subscription to an Online Service, the then-current terms will apply and will not change during Customer’s subscription for that Online Service. When ASR introduces features, supplements or related software that are new (i.e., that were not previously included with the subscription), ASR may provide terms or make updates to the terms that apply to Customer’s use of those new features or related software.
Electronic Notices
ASR may provide Customer with information and notices about Online Services electronically, including via email, through the portal for the Online Service, or through a website that ASR identifies. Notice is given as of the date it is made available by ASR.
Licensing the Online Services
Customer must acquire and assign the appropriate subscription licenses required for its use of each Online Service. Usage exceeding the Online Service’s documented entitlement(s) and/or usage limits require additional purchase of licenses to cover overage. Each user that accesses the Online Service must be assigned a subscription and subscriptions cannot be reassigned.
You agree to pay to ASR any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service at the time of your purchase. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify ASR of any changes to such information. Credit card fees paid by you are non-refundable.
ASR may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. ASR will provide you with advance notice to review any change in fees. If you do not agree to the change in fees, you may cancel your Subscription before the change takes effect.
Proprietary Rights
The Software and all copies and modifications thereof are the property of ASR and title thereto remains in ASR. All Intellectual Property Rights, including, but limited to, all applicable rights in patents, copyrights, trademarks and trade secrets, in the Software and any modification whether made by or on behalf of any of the Client are and will remain the sole property of ASR.
Acceptable Use Policy
Neither Customer, nor those that access an Online Service through a Customer devise, may use an Online Service:
- in a way prohibited by law, regulation, governmental order or decree
- to violate the rights of others
- to try to gain unauthorized access to or disrupt any service, device, data, account or network
- to spam or distribute malware
- to mine cryptocurrency without ASR’s prior written approval
- in a way that could harm the Online Service or impair anyone else’s use of it
- in any application or situation where failure of the Online Service could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage, except in accordance with the High-Risk Use section below, or
- to assist of encourage anyone to do any of the above.
Violation of the Acceptable Use Policy in this section may result in suspension of the Online Service. If ASR suspends the Online Service, ASR will suspend only to the extent reasonably necessary. Unless ASR believes an immediate suspension is required.
Validation, Automatic Updates, and Collection for Software
ASR may automatically check the usage of its software and the software application may periodically provide information to enable ASR to verify that the software is properly licensed. This information includes the software version, the end user’s user account, product ID information, a machine ID, and the internet protocol address of the device. If the software is not properly licensed, its functionality will be affected. By using the software, Customer consents to the transmission of the information described in this section. ASR may recommend updates or supplements to this software, with or without notice.
Third-party Software Components
The software may contain third party software components. Unless otherwise disclosed in that software, ASR, not the third party, licenses these components to Customer under ASR’s license terms and notices.
Cancellation Policy
You can cancel your Subscription and/or close your account at any time through your account management page. When you close your account, your Subscription will automatically be cancelled, your Services will be terminated, and you will no longer be able to access your account to use the Services, and your Content will be deleted in accordance with our data retention policy. You can obtain a copy of your Content from the relevant Service(s) before closing your account, subject to applicable law and policies. Alternatively, you can delete your Content yourself proactively prior to cancelling a Subscription and closing your account. No credits or prorated refunds will be issued for such monthly subscriptions cancelled after the subscription start date. Annual subscriptions will be refunded on a prorated basis. If you have any questions regarding cancellations or refunds, please contact us.
Refund Policy
No credits or prorated refunds will be issued for such monthly subscriptions cancelled after the subscription start date. Annual subscriptions will be refunded on a prorated basis. If you have any questions regarding cancellations or refunds, please contact us.
Online Services Purchasing Rules
The following purchasing rules apply to purchasing Online Services:
- If Customer makes additional purchases of an Online Service, the end of the subscription term of the additional purchase must align with Customer’s existing subscription term for the same Online Service.
- Customer may not reduce the number of users or devices covered by its Online Services subscription during the term of their Online Services subscription except as permitted in Customer’s licensing agreement.
- User Subscriptions are priced monthly and annually in advance.
Online Services Fees and Renewal
Online Services with auto-renewal will automatically renew the day after their subscription term expires, unless Customer chooses not to renew by opting out of auto-renewal at least of 30 days before the subscription expires or by contacting ASR.
Our prices listed include the Australian Goods and Services Tax (“GST). If you are purchasing our Services outside of Australia you will be responsible for paying any applicable, levies, duties of taxes associated with your purchase and keeping your billing information up to date.
Price Changes
Changes in fees will only be effective at the end of a current billing cycle of your Subscription and we will provide you with notice. If you don’t agree to the fee change, you may cancel your Subscription before the change takes effect.
Data Processing and Security
The parties agree that these terms govern Customer’s use of the Online Services sets forth their obligations with respect to the processing and security of Customer Data and Personal Data by the Online Services. More details on ASR’s Privacy agreement are available at https://www.surveymanager.com.au/privacy-policy.
ASR will store and process your data in a manner consistent with industry security standards. ASR has implemented appropriate technical, organizational, and administrative systems, policies, and procedures. Your credit cards details will be processed by the Commonwealth Bank of Australia Simplify payments gateway. More details can be obtained from Simplify | Take online payments (commbank.com.au). ASR does not store your credit card details.
If ASR becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, related to your account (“Security Incident”), ASR will take reasonable steps to notify you without undue delay. Such notification shall not be interpreted or construed as an admission of fault or liability by ASR. A Security Incident does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, or other network attacks on firewalls or networked systems. ASR will also reasonably cooperate with you with respect to any investigations relating to a Security Incident, any required notices, and providing information reasonably requested by you and available to us in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by ASR.
Passwords and Account Access
You are responsible for any activity that occurs through the SurveyManager account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold to protect you, ASR or our partners from identity theft or other fraudulent activity.
Service Level Agreement
ASR constantly changes and improves the Services. ASR may add, alter, or remove functionality from a Service it provides to you at any time without prior notice, except as may be required by applicable law. ASR may also limit, suspend, or discontinue a Service provided to you at its discretion. If ASR discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service, unless this is due to a Security Incident. ASR may remove content from the Services it provides you at any time at its discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.
Disclaimers
While it is in ASR’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. In particular, our service may not be uninterrupted or error-free time to time for various reasons. You waive all special, indirect, and consequential damages against us.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND ASR DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Limitation of Liability
In the event of a dispute, we won’t owe more than the amount you’ve paid or should have paid in the previous 12 months for the Services or A$200, whichever is less.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ASR (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO ASR FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY AND (B) A$200.00.
Indemnification
If we get sued because of something you do using our Services or because you violate these Terms, we expect that you will step into our shoes to defend that lawsuit and pay any damages awarded by the Court.
If you are a business, you will indemnify and hold harmless ASR (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ASR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and ASR agree otherwise, the court may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Force Majeure
Neither party shall be liable for delay in performing obligations or for failure to perform obligations if the delay or failure results from any of the following (whether happening in the Commonwealth of Australia or elsewhere) force majeure, act of God, fire, earthquake, explosion, industrial dispute or anything beyond the control of either party.
Glossary
Terms defined in this Glossary apply unless otherwise defined in product specific terms.
Add-on means a license that is purchased in addition to (and associated with) a previously acquired subscription or License. An Add-on license is assigned to an existing single User.
Customer Data means all data, including all text, sound, video, or image files, and software which are provided to ASR by, or on behalf of, Customer through use of the Online Service. Customer Data does not include Professional Services Data.
Governing Law means these Terms of Use shall be governed by and construed in accordance with the laws of Australia in the State of Victoria.
License means the right to access and use a Product.
Licensed User means the single person to whom a License is assigned.
Online Service means an ASR-hosted service to which Customer subscribes, including any service identified in the Online Services section of the Product Terms.
Personal Data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, including by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Professional Services means ASR technical support services and ASR consulting services (e.g., for market research) provided to Customer. “Professional Services” does not include Products.
