We host the surveys and response data and provide a range of reporting services.  Access to and use of our Site, the services outlined above provided on or through our Site and any other services provided by us (Services) are governed by these Subscription Terms.  In these Subscription Terms, “we” or “us” means etrainu Pty Ltd (ABN   20 117 967 030 and “you” means a user of our Site or Services.

By registering on our Site for an account (Membership Account), you agree to be bound by these Subscription Terms, our Privacy Policy, any applicable Confirmation Page, and all other applicable terms, policies and notices which we provide on our Site from time to time, as updated from time to time (the Agreement).  Capitalised terms in these Subscription Terms have the meaning defined in this introduction, Section 16 or on the relevant Confirmation Page.

1.   Getting Started

Registering for a Membership Account: To access and utilise our Services you must register for a Membership Account.  You will not able to access the members area of our Site or Services unless and until you have a valid and active Membership Account.  You must have capacity to enter into a legally binding agreement and not be a Minor to register for a Membership Account. You may only register for one Membership Account.

User Name and Password: You will provide your email address as your user name and choose a unique password to access your Membership Account.  Please ensure your user name and password are kept safely. You are responsible for any misuse or abuse of any user name, password or other log-in details by any person and for any use of your Membership Account.  Please contact us immediately if you suspect that there has been any unauthorised use of your account or disclosure of your log-in details.

User Information: You warrant that any information you provide to us about yourself is current, accurate and complete (and that you will keep this information up to date).  By registering for a Membership Account, you agree that we can use your information to contact you in relation to future promotions, products, packages or other services which we provide in accordance with our Privacy Policy.

2.   What We Offer

Subscription Packages: If you have selected and paid for a subscription package, the Services we agree to provide to you are briefly set out on your Confirmation Page and these Subscription Terms.

Yomstar Enterprise Package:  We also offer tailor made Yomstar Enterprise Packages.  The Services will be agreed between us and set out in tailored Confirmation Page we will provide to you (incorporating these Subscription Terms), which you will be asked to accept when you enter an access code via the Site, by signature or otherwise.

Yomstar Distribution Package: We also offer tailor made Yomstar Distribution Packages for media and advertising companies or other companies who want to incorporate our Services with their own for the benefit of their customers.  The Services will be agreed between us and set out in a tailored Confirmation Page (incorporating these Subscription Terms), which you will be asked to accept by signature or otherwise.  By accepting the Confirmation Page and entering into this Agreement, you warrant that you are acting as an agent for your customers (from time to time) and you acknowledge and agree that you are responsible for any act or omission by your customers with respect to the Agreement and provision of the Services, including any breach of these Subscription Terms  You must ensure that your customers are aware of the obligations under the Confirmation Agreement, including providing to them a copy of these Subscription Terms, and must take all steps necessary to enforce their compliance with them as if they were a party thereto.  You must immediately notify us in writing in the event you become aware of any actual or suspected breach of the Confirmation Agreement.

Yomstar Now (Free) Trial:  If you have not subscribed for a paid-for service, we are happy to provide you with one Yomstar Now Free Trial Package.  The Services we agree to provide to you are set out on the Price Check Page (under Yom Now (Free) Trial) and these Subscription Terms.

3.   Subscription and Payment

Yomstar Solo Package: The Yomstar Solo Package is a one-off package which is valid for the Term set out on your Confirmation Page.  All Fees are payable upfront when you place your order for this package.

Other Subscription Packages: All other subscription packages are provided on an annual subscription basis.  Your Confirmation Page will confirm whether Fees are payable upfront when you place your order or payable monthly (commencing on the day upon which you place your order and thereafter on that day each month) in advance. Your Subscription Package will be automatically renewed unless you notify us that you do not wish to renew it before the end of the current Term.  You may not cancel your Subscription Package during the first Term (except for the reasons set out in Section 13).  Once a Subscription Package has been renewed, you may cancel it at any time by notice to us. Cancellation will take effect from the end of the month following the month in which we receive notice of cancellation. The Fees will be payable unless you have notified us that you wish to cancel or not renew the Subscription Package. If you choose not to renew or if you cancel your Subscription Package, Fees will continue to be payable up to the end of the current Term (in respect of a non-renewal) or the date cancellation takes effect in accordance with this paragraph.

What happens to my data if I don’t renew: If you choose not to renew or if you cancel your Subscription Package we will suspend access to your account for one month and retain your data during this period in case you change your mind.  After one month, we will terminate your Membership Account and will not be under any obligation to retain your data.  You can export any results or information you have gathered under that Subscription Package at any time during the Term prior to cancellation.

What if I want to Upgrade? You can upgrade to another Subscription Package at any time.  All Fees will be payable in accordance with your Confirmation Page for your new Subscription Package.

Changes to Subscription Packages and Fees: We are always looking for ways to update and improve our subscription packages and Services and may make changes to your Subscription Packages during the Term.  In the unlikely event that these changes reduce your ability to use the Services, then you will be entitled to cancel your Subscription Package by notice to us.  All Fees will remain the same during the current Term and you will be notified of any changes in Fees for renewed Subscription Packages before the end of the current Term.

Payments: All payments must be made in Australian currency. We reserve the right to charge interest at a rate of 4% on any overdue payments and (without prejudice to our rights of termination) suspend access to your Membership Account until all outstanding amounts are paid.

4.   Yomstar Tools and Materials

Licence to Use: Upon registering for a Membership Account and provided you are complying with this Agreement and have paid all outstanding Fees, we grant to you a limited, non-exclusive, non-transferable licence to access, download and use the Yomstar Tools and Yomstar Materials solely for your own personal use in connection with the Services for so long as you are a Member. This includes a licence to export your Respondent Data and download and reproduce a QR Code, URL address or other activation device as necessary.
No Use on Products: The licence granted under this Agreement does not include any right to use or reproduce any Yomstar Materials (including any QR codes or other similar items to initiate a survey) on any physical product (not including promotional or written materials) supplied or sold by you or any other person.  If you wish to use Yomstar Materials in this manner you will need to enter into a separate agreement with us on terms to be negotiated.

Restrictions on Use: You must not and must ensure that your employees (who have access to the Yomstar Tools and Yomstar Materials) do not (even after the termination or expiry of this Agreement):
a)     acquire, download, reproduce, or install the Yomstar Tools, in whole or in part, on any computer equipment other than in the course of use or as otherwise permitted under these Subscription Terms;
b)     sell, lease, license, sub-license, rent, loan, timeshare, encumber, distribute or otherwise transfer the Yomstar Tools, in whole or in part, to any other person;
c)     use the Yomstar Tools in any application or for any purpose requiring continuous or fail-safe operation for the avoidance of personal injury, death or illness of any person;
d)     decompile, disassemble, reverse engineer, attempt to derive the source code for, modify, adapt, translate or copy the Yomstar Tools, in whole or in part, or develop software or derivative works based upon the Yomstar Tools;
e)     remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of the Yomstar Tools; provide, disclose, divulge, make available to, or permit use of the Yomstar Tools, in whole or in part, by any unauthorised third party;
f)     remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within the Yomstar Tools, the Yomstar Materials or on our Site; or
g)     amend, modify, adapt, copy, disclosure, distribute, transfer or otherwise use or exploit any of the Yomstar Materials for any purpose which does not relate to use of our Services or Site.

5.   Help Desk Chat Support and New and Additional Services

Help Desk Support: To answer all of your questions and ensure that you achieve the maximum benefit from our Services, we provide a ‘help desk’  Please refer to our Support Page, or your Confirmation Page for more information on this service and the support you are entitled to receive under your Subscription Package.

New Services:  We will also provide details of new services (and rates) on our Site as they become available.  We will provide these services upon your request at the rates and on the payment terms set out on our Site from time to time and subject to the terms of this Agreement.

New and Additional Services:  We may also provide, upon your request, the Additional Services at the Additional Services Rates on the payment terms set out on your Confirmation Page.

6.   Your Obligations

Compliance: You agree at all times to access and use the Site and our Services, to advertise and offer any survey, Reward or Trade Promotion and to use, disclose, store and retain any Respondent Data in accordance with this Agreement and all applicable laws and regulatory requirements and any applicable third party terms and conditions (such as social media platforms), including without limitation, those in connection with privacy and data protection, ‘spam’, intellectual property, trade promotions, competitions and lotteries, defamation, discrimination, vilification and obscenity.

Prohibited Conduct: When accessing or using the Site or our Services or using, storing, retaining or disclosing any Respondent Data you must not:

a)       act unlawfully, fraudulently, dishonestly, inappropriately, mislead or deceive, or engage in improper behaviour;
b)       harass, abuse or harm another person;
c)        send unwelcomed or unauthorised communications;
d)       infringe any rights or invade or violate the privacy of another person;
e)      impersonate another person, hide your identity or falsely represent an association with another person;
f)         contact or otherwise harm Minors or retain or use information in an identifiable form received from or relating to Minors, except where all necessary and express consents have been obtained from the Minor’s legal guardians;
g)       upload Content which is false, inaccurate, misleading or deceptive, unlawful, defamatory, discriminatory, vilifying, pornographic or is otherwise inappropriate, indecent, inaccurate or objectionable, or for which you do not have the necessary rights or permission to use;
h)       interfere with, gain unauthorised access to or disrupt the availability of the Yomstar Tools, the Site or Services (including but not limited to any servers or networks connected with our Site);  or
i)         upload or other transfer any material containing a bug, virus, trojan or similar program or software to the Site.
Survey Conduct: In addition to and without limiting your other obligations under this Agreement, when creating and using a survey you must:
a)       comply with the terms of our Privacy Policy;
b)       where required by applicable law, have in place a privacy policy which complies with such laws and which is consistent with our Privacy Policy;
c)        make it clear to the Respondent that the survey is being provided and administered by you and not misrepresent that we conduct, sponsor, endorse or otherwise have any responsibility or liability in relation to the survey;
d)       not request personal or sensitive information in the survey questions;
e)       inform Respondents if their survey responses are not going to be anonymous;
f)         ensure that you inform Respondents if you are collecting Personal Information from them, for what purpose and how you are going to use it (and the identity of any third party you may disclose it to) before they submit the information;
g)       only use and disclose Personal Information for the purpose and in a manner previously notified to the Respondents;
h)       provide Respondents with a link to your privacy policy (if you have one);
j)         provide Respondents with an opportunity to “opt-out” of receiving any future communications from you when they submit Personal Information and also allow Respondents to ‘opt-out’ at a later stage if they wish to;
k)        maintain effective processes to ensure that unauthorised communication (or ‘spam’) are not sent to Respondents; and
l)         provide contact details (in the form of an email address or telephone number) on the survey which Respondents can contact for more information about your use of their Personal Information.

Trade Promotions/Rewards Conduct: In addition to and without limiting your other obligations under this Agreement, if you offer or advertise a reward or Trade Promotion to Respondents for completing a survey you must:

a)       ensure that any Reward or Trade Promotion and the promotion and administration of the Reward or Trade Promotion complies with all applicable laws and regulatory requirements.  You are solely responsible for obtaining any necessary consents or licences;
b)       not act unlawfully, fraudulently, dishonestly, mislead or deceive or engage in improper behaviour in relation to the promotion or administration of the Reward or Trade Promotion;
c)        ensure that the Reward or Trade Promotion or their promotion does not promote, involve or constitute gambling, alcohol, drugs, tobacco or any other item prohibited or restricted under applicable law;
d)       include or provide a link to any terms or conditions relating to the Reward or Trade Promotion where required to do so in the related survey and ensure you comply with those terms; and
e)       make it clear to the Respondent that the offer is provided by you and not misrepresent that we sponsor, endorse, conduct or have any responsibility or liability in relation to the Reward or Trade Promotion.

You must not offer or promote a Reward or Trade Promotion which does not comply with the above requirements.

No onselling: You must not and must ensure that your employees do not offer, advertise, promote, sell or otherwise exploit our Services other than in the context of your Survey or to the extent expressly permitted under your Yomstar Distribution Package.  If you are interested in on-selling our Services (on their own or in conjunction with your own services), please contact us for further information.

7.   Your Responsibility for and Ownership of Content

Responsibility for Content:  By providing the Services, we are acting merely as a host or conduit for your surveys and the Respondent Data.  You acknowledge and agree that we are not responsible for or accept any liability for Content or any Reward originating from users of our Site or Services (including Respondents) and that:
a)       you are solely responsible and liable for all Content originating from you or which relates to your use of the Site or our Services, including any Content originating from your Respondents and any access or use of your Membership Account, whether authorised by you or not;
b)       you may be provided with the opportunity to include text or a link in your surveys with respect to terms and conditions or a privacy policy which you wish to apply to your Respondents, including in relation to collection of personal information or any Reward or Trade Promotion offered by you.  You are entirely responsible for ensuring the accuracy and completeness of such terms or policy, their effectiveness and enforcement, including the keeping of any related records;
c)        you may be exposed to false, misleading or deceptive, unlawful, defamatory, indecent, harmful or otherwise inappropriate or objectionable content and conduct, for which we accept no responsibility or liability;
d)       we are under no obligation to monitor, supervise, regulate or control Content originating from you or any third party and do not provide any warranty or guarantee as to the accuracy, completeness, appropriateness or otherwise of such Content;
e)       you are solely responsible and liable for any Reward or Trade Promotion and its promotion and administration; and
f)         you are solely responsible for your use, retention and disclosure, of the Respondent Data and this may include Personal Information of a Respondent.  We accept no responsibility for your use, disclosure, storage or retention of any Respondent Data.  Any reliance or use of third party Content or Respondent Data, is entirely at your own risk.  For the avoidance of doubt, it is your responsibility to evaluate and assess the accuracy and completeness of the Respondent Data.

Ownership and use of Respondent Data and Content originating from you: Your Survey Data and Respondent Data is private to you and we will not sell, use or disclose it except as set out in this Section. We acknowledge that you own all rights in the Respondent Data and any Content originating from you and we host it merely as your agent.  You grant to us a non-exclusive, royalty-free, licence (including the right to sub-license) to use, copy, modify or disclose the Response Data, and Content originating from you, for the purpose of performing this Agreement.  In addition to this licence, you expressly agree that we may use, copy, modify, disclose, sell or licence the Respondent Data and your Content in an aggregate, de-identified form (including usage and statistical information) for any purpose.  For example, we may use the information to provide aggregated or categories of ‘mood/happiness’ ratings.

Warranty: You warrant that you own the Intellectual Property in or have the necessary rights to use all Content originating from you and that any use by you or us of such Content will not infringe the Intellectual Property of any other person.

8.   Our Rights of Control

Terminate Membership: Your obligations and the terms of this Agreement are required to protect all users of our Site and Services. If, in our absolute discretion, you breach any of the above obligations or other terms of this Agreement, we are entitled to suspend access to or terminate your Membership Account immediately and without notice to you.

Content: Whilst we are under no obligation to monitor or control third party use of our Site and Services, we reserve the right to remove, suspend or delete any Content, survey or Reward from our Site or refuse to provide the Services in relation to them where we consider any such items to be Prohibited Conduct or, in our opinion, is otherwise contrary this Agreement, exposes us to a risk of liability or may adversely affect our reputation or the reputation of the Services.  You acknowledge and agree that we will not be liable in relation to the actions set out in this Section.

9.   Indemnity

Indemnity by you: You agree to hold harmless, defend, indemnify and release us or affiliates and our respective officers, employees, consultants and agents from and against all claims, actions, proceedings and demands (including those brought by third parties) damages, liabilities and costs (including those incurred in satisfying, defending or settling such claim, proceedings or demand) of any nature and whether at common law, in equity or pursuant to statue or otherwise, arising out of or in connection with:

a)       your responsibilities and any breach of your warranties, obligations, and terms of this Agreement (whether by you or your officers, employees, consultants, principals or agents);
b)       any breach by you of any applicable laws, regulations or third party terms and conditions;
c)       any access to or use of our Site or the Services and any Content originating from you or which relates to your use of the Site or Services;
d)       any access to or use of your Membership Account, whether authorised by you or not;
e)       any Reward or Trade Promotion; or
f)       your use, disclosure, storage or retention of any Respondent Data.

10. Privacy

Privacy: We care about the privacy of our users.  Access to and use of the Site and Services is governed by our Privacy Policy and you agree to be bound by its terms.  Our Privacy Policy forms part of this Agreement.

Please note that you are under and must comply with various obligations under applicable laws and regulations and under these Subscription Terms where you request or receive Personal Information from Respondents.

Use of Name:  You agree that we may refer publicly to the fact that you have utilised our Site or Services in any press release, advertising or other promotional material.

11. Provision of Services

Hosting and Maintenance: Whilst we will make every effort to provide you and Respondents with access to the Site and Services at all times, we are not able to guarantee access.  We will try to provide you prior notice for any maintenance works but reserve our right to modify, suspend or discontinue the Services and access to the Site, our Services or your Membership Account for any reason at any time.  You acknowledge and agree that we will not be liable in relation to such actions.

Basis of Provision of Services: You acknowledge and agree that our Site and Services and the Content may contain inaccuracies and errors, bugs or viruses.  To the extent permitted by law, we do not warrant:

a)       the accuracy, reliability or completeness of our Sites or Services or that they will be error, bug, virus free or that their use will be uninterrupted;
b)       that Yomstar Tools will operate in combination with other software or any particular equipment, or other system, or will provide any function other than those set out on our Site;
c)        your use of the Yomstar Tools, Yomstar Materials, our Site or our Services will not infringe the Intellectual Property rights of third parties; or
d)       the accuracy, reliability or completeness of the Content provided by us.

Storage of Data and Backup:  Although we will host and store your Content and Respondent Data, you are responsible for the backup of this information from time to time and we are entitled to delete or purge any Content in our absolute discretion without notice to you.  We do not accept any responsibility or liability for loss of data, failure to receive, administer or store any Content, or for any errors or omission in the Content.

Excessive Use: Access to and use of the Site and our Services is subject to an excessive use limitation.  We reserve the right to restrict or terminate your access to and use of the Site or Services or Membership Account to prevent use which in our absolute opinion inhibits or otherwise affects other users’ access to and use of the Site or our Services or otherwise affects the speed and functionality of the Site or Services.

Modifications to Agreement: It may be necessary for us to amend the terms of this Agreement from time to time and we will provide you with notice of any amendments, which will take effect upon the renewal of your Subscription Package.

12. Limitations

Exclusion: Nothing in this Agreement excludes, restricts or modifies any guarantee, warranty, representation or condition or other term (or any liability under them) imposed or implied by any applicable law which by applicable law cannot be excluded, restricted or modified (including, without limitation any warranties or guarantees to consumers which must be provided by law).  Subject to the above and any express warranties provided in this Agreement, all representations, warranties, terms and conditions which would otherwise be implied or imposed in this Agreement in connection with the Site and Services or otherwise relating to the performance of our obligations under this Agreement, or any other goods or services supplied or to be supplied by us under this Agreement, are excluded (including, where permitted, any warranty with regard to merchantability, durability, fitness for purpose, or non-infringement of third party rights).

Limitation of Liability: To the extent permitted by law:

a)       neither we nor our affiliates or our respective officers, employees, consultants or agents will be liable to you for any indirect, special or punitive, exemplary or consequential loss or damage, any loss of profit or business opportunity, any business interruption or loss of business information and data (even if we have been advised of possible damage) arising out of or relating to this Agreement, your use or not being able to use the Site or Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
b)       your sole remedy for any breach of this Agreement by us is limited to cancellation of your Subscription Package and termination of your Membership Account.

Limitation of Prescribed Terms: Where by law we are unable to exclude any guarantee, warranty, representation, condition or other term or to limit our liability as set out above, but are entitled to limit it, then our liability to you under such terms is limited, at our discretion, to the supply the Services again or paying the cost of having the Services supplied again or, if this is not permitted by law, then to the fullest extent permitted by applicable law.

13. Membership Termination

Term: This agreement commences on the date you register and became a Member and continues until your Membership Account is terminated in accordance with this Section.

Termination for Breach: We may cancel your Subscription Package and terminate your Membership Account by immediate notice to you if you are in breach of any of your obligations or warranties or any other term under this Agreement.  You may cancel your Subscription Package and terminate your Membership Account by notice if we are in material breach of this Agreement and have failed to remedy the breach within [30] days of notice from you of the breach.

Termination by Choice: You may terminate your Membership Account at any time by providing at least [30] days notice.  If you have a current Subscription Package, termination will not take effect until the end of the current Term of your Subscription Package or, if you are entitled to cancel your Subscription Package under Section 3, your Membership Account will be terminated from the end of the second month following the month in which we receive notice of cancellation.

Termination for Non-Payment or Non-Use:  Without limiting our other rights of termination under this Agreement, we may terminate your Membership Account by immediate notice to you if you:

a)       fail to pay any Fees and any other sums payable by you in relation to the Services when due; or
b)       do not log onto a Yomstar Now (free) Membership Account for a period of 6 months.

Suspension of your Account where there is a right to terminate: Where we are entitled to termination your Membership Account, we may, in our absolute discretion, suspend access to your Membership Account.  Suspending your Membership Account does not constitute a waiver of our right of termination and we retain the right to terminate your Membership Account at any time.

Consequences of Termination: On termination or expiry of your Membership Account for any reason this Agreement and all licences granted to you under it terminates.  You will not be entitled to access our Site or the Services (including all Respondent Data, and all Content originating from you on our Site).  We will not be obliged to retain or provide the Respondent Data or any Content originating from you.  All Fees and other payments paid to us remain our property and all outstanding Fees and sums payable by you will become due and payable.  We will be entitled to continue to use, copy, modify, disclose, sell and license the Respondent Data and Content as set out in Section 7 above, after termination of your Membership Account.

Surviving Clauses: The following provisions of this Agreement survive termination or expiry: 1 (User Information), 2 (Yomstar Distribution Package), 3 (Payments), 4 (Restrictions on Use), 6, 7, 8 (Content), 9, 10, 12, 13 (Consequences of Termination) and 14.

14. Intellectual Property

Yomstar Tools and Yomstar Materials: You acknowledge that all Intellectual Property in and to the Yomstar Tools and Yomstar Materials is our sole property.  Apart from the permitted use under Section 4, you acquire no right, title or interest in or to any of above by virtue of this Agreement and agree not to take any action, and not to assist any person to take any action that may jeopardise, limit, challenge or interfere with our ownership of or rights in the Yomstar Tools or the Yomstar Materials.

15. General

Assignment: You may not assign or transfer your rights or obligations under this Agreement unless with our prior written consent (which may be granted or withheld at our sole discretion).

Notices: All notices under this Agreement must be provided to the email identified on the Support Page.

Severance: If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement will otherwise remain in full force apart from such provision which shall be deemed deleted.

No Waiver: Any delay or failure by us in enforcing our rights under this Agreement is not to be construed as a waiver of those rights.

Force Majeure: If the performance of this Agreement or any obligations under this Agreement (except for the making of required payments) is prevented, restricted, or interfered with by reason of Force Majeure, the affected party, upon giving prompt notice to the other party, is excused from such performance to the extent of such prevention, restriction, or interference.  The affected party must use its best efforts to avoid or remove the Force Majeure or to limit the impact of the event on its performance and must continue performance with the utmost dispatch when the Force Majeure is removed.

Governing Law: This Agreement is governed by the laws of New South Wales and you submit to non-exclusive jurisdiction of the courts of New South Wales, Australia.

16. Interpretation

In these Subscription Terms, unless the context otherwise requires, Capitalised terms have the following meanings or as set out in the Confirmation Page.

Confirmation Page means the final confirmation page headed ‘Confirmation Page setting out relevant details of the Subscription Package, Yomstar Enterprise Package or Yomstar Distribution Package which is agreed and accepted by you at the time of confirming your subscription, either electronically on our Site or in writing by your signature (as applicable).

Content means any content contained on the Site, in Yomstar Tools, in a survey or Reward created or offered through the Site or Services including, but not limited to, any text, survey, information, question, opinion, response, message, graphic, terms and conditions, policies and any Respondent Data.

Fees means the fees payable in relation to a Subscription Package (including any applicable taxes) as set out on your Confirmation Page or as amended by us from time to time as set out in Section 3.

Force Majeure means an act of God, fire, lightning, explosions, flood, subsidence, terrorist act, insurrection or civil disorder or military operations, communications infrastructure failure, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or other industrial disputes of any kind and, any other cause whether similar or not to the foregoing, outside of the affected party’s control.

Intellectual Property means statutory and other proprietary rights in respect of copyright and neighbouring rights, future copyright, all rights in relation to inventions, patents, plant varieties, registered and unregistered trade marks, registered and unregistered designs, circuit layouts and rights to require information be kept confidential, but does not include moral rights that are not transferable.

Minor means a person under the age of majority in their country of residence.

Member means a person who has registered for and has a valid, active Membership Account.

Personal Information has the meaning set out in our Privacy Policy.

Price Check Page means the page on our Site which the details of each Subscription Package are provided, usually headed “Price Check”.

Prohibited Conduct means any conduct which constitutes a breach of this Agreement, and includes conduct prohibited under Section 6 of these Subscription Terms.

Respondent means a person who responds to a survey created and used on or through our Site or Services.

Respondent Data means any customer data, information, responses or results or other data received to your survey and any reports, results or other data created from it through the Site or Services.

Reward means any offer, discount, coupon or other benefit offered by you to a Respondent for completing a survey.

Subscription Package means a subscription package ordered by you.

Trade Promotion means any lottery or game of chance conducted with a view to promoting your goods or services or any other form of competition where the Respondent is not guaranteed a prize, which is offered by you to a Respondent for completing a survey.  

Yomstar Tools means the web based software, applications and other tools hosted by us on our Site which enable the creation of surveys activated and sent straight to customer’s mobile phones, rewards and trade promotions and the provision of data, reporting and analytical procedures in relation to the responses and information received to such surveys, and any modification, development, adaption, enhancement, improvement, revisions, versions or updates of such software, applications and tools that we make available from time to time. For the avoidance of doubt access to and use of Yomstar Tools form part of the Services.

Yomstar Materials means all names, logos, trade marks (registered or unregistered), information, formats, templates for surveys, graphics and other content and material contained in the Yomstar Tools or provided by us (and not third parties) on our Site or through our Services, including QR codes or other similar items provided by us for Respondents to initiate a survey.  For the avoidance of doubt access to and use of Yomstar Materials form part of the Services.

Interpretation Principles: In this agreement, unless the contrary intention appears:

a)       a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
b)       a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
c)        ‘including’ and similar words are not words of limitation;
d)       a reference to currency is to Australian currency; and
e)       to the extent of any inconsistencies between any parts of this agreement, the Confirmation Page will prevail over these Subscription Terms.