At Yomstar, we know how important your opinion is to businesses.   Through our websites (including www.yomstar.com) (Site), we provide web-based software and tools to enable businesses to create cutting-edge  surveys sent straight to your mobile phone (Services) so you can provide feedback easily and quickly actually during your experience… and the best bit….you may even get a reward for completing the survey!

Your access to and use of our Site and the Services are governed by these Terms of Use. In these Terms of Use, “we” or “us” means etrainu Pty Limited (ABN 20 117 967 030) and “you” means a user of our Site or Services.  Capitalised Terms have the meaning defined in these Terms of Use.

When you respond to a survey from a business (Survey Creator) which is powered and hosted by us, or a survey created and administered by us, by clicking on “submit” and submitting your survey responses, you agree to be bound by these Terms of Use and our Privacy Policy. Please read these carefully, together with any privacy policy, terms or other information provided by the Survey Creator.

Surveys by Others: You are contracting with the Survey Creator

When you respond to a survey from a business (Survey Creator) which is powered and hosted by us, the survey and reward is offered, provided, conducted and administered by the Survey Creator.

We do not sponsor, endorse or otherwise conduct the survey or any competition or reward. When you complete a survey you are responding to and providing information to the Survey Creator.   We only host the survey and collect and retain your responses, any other information you provide and other data collected when you scan a QR Code (or other means of survey activation) or complete a survey (Your Data) on behalf of the Survey Creator.

You acknowledge and agree that the Survey Creator will own, have access to and be able to download and export Your Data and we cannot control how the Survey Creator will use our Site or Services or use and disclose Your Data.  Accordingly, the Survey Creator is solely responsible for its conduct, its surveys, competitions, promotions and rewards and your sole remedy is against the Survey Creator

Please contact the Survey Creator if you have any questions, before you complete the survey or provide any personal information.

Surveys by Us

We may from time to time create and administer our own surveys.  If we do, we will be responsible for the survey and any reward, promotion or competition.  We will collect, retain and disclose Your Data in accordance with these Terms of Use and our Privacy Policy.

Your Conduct

The surveys we host are only intended for individuals over the age of majority in their country of residence.  You must not complete a survey if you are a minor and will not be entitled to any reward if you do so.

You warrant that you are not a minor, that any information you provide is true and accurate and that you will complete the survey in good faith.  You are solely responsible for your responses and any content originating from you.

When you complete a survey, you are using or accessing our Site and Services. You agree at all times to do so in accordance with these Terms of Use and all applicable laws and regulatory requirements, including without limitation, those in connection with defamation, discrimination, vilification and obscenity, privacy and data protection and intellectual property.

When accessing or using our Site or Services 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)        infringe any rights or invade or violate the privacy of us or another person;
d)       impersonate another person or falsely represent an association with another person;
e)       upload any response, information or other 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;
f)         interfere with, gain unauthorised access to or disrupt the availability of our software the Site or Services (including but not limited to any servers or networks connected with our Site);  or
g)       upload or other transfer any material containing a bug, virus. trojan or similar program or software to the Site,

(Inappropriate Conduct)

We reserve the right (without any liability) to remove, suspend or delete any content originating from you which, in our opinion, amounts to Inappropriate Conduct, is otherwise contrary to these Terms of Use, exposes us to a risk of liability or may adversely affect our reputation or the reputation of the Services.

Using our Software

When you click ‘submit’ and agree to these Terms of Use, we grant you a limited, non-exclusive, non-transferable licence to access and use our software for your own personal use to complete the survey and to claim and redeem any associated reward only.  You must not at any time do anything which would infringe the intellectual property rights in our software or:

a)       use our software 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;
b)       remove or otherwise interfere with any security or technological protection measure forming part of our software; or
c)        remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within our software or on our Site.

The Survey Creator’s Conduct

For your protection, we impose a number of conditions upon Survey Creators in relation to their conduct and use of Your Data.  Please refer to our Subscription Terms for Survey Creators for more information.

Please contact us by contacting us via our Support Page if you think that a Survey Creator is engaging in Inappropriate Conduct (as set out above), conduct in breach of the Subscription Terms or if you are otherwise concerned about its conduct.

Notwithstanding the above, we are not under any obligation to monitor, supervise, regulate or control content originating from any third party (including Survey Creators) or to take action to remove or restrict offending surveys or content.

Your Privacy and Our Use of Your Data

Your security and privacy are very important to us.  Please refer to our Privacy Policy for information about how we may use and disclose Your Data, including any Personal Information. Our Privacy Policy forms part of these Terms of Use.

We may use and disclose Your Data in an anonymous, de-identified form and other Non-Personal Data (including usage and statistical information) for any purpose.

YomStar’s Liability

Whilst we will make every effort to provide you with access to the Site and Services at all times, we are not able to guarantee access and reserve our right to modify, suspend or discontinue the Services and access to the Site for any reason at any time (without liability).

Nothing in these Terms of Use 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 these Terms of Use, all representations, warranties, terms and conditions which would otherwise be implied or imposed in these Terms of Use in connection with the subject matter of or otherwise relating to the performance of our obligations under these Terms of Use are excluded (including, where permitted, any warranty with regard to merchantability, durability, fitness for purpose, or non-infringement of third party rights).  Without limiting the foregoing, you acknowledge and agree that:

a) our Site and Services and their content may contain inaccuracies and errors, bugs or viruses.  To the extent permitted by law, we provide no warranty in relation to the Site, our Services, our software or content on them;
b) we are not responsible or liable in connection with: (i) any survey, competition, promotion, reward or any content originating from users of our Site or Services; (ii) the Survey Creator’s conduct (including its use, disclosure, storage or retention of Your Data); (iii) your access to and use or not being able to access and use our Site or Services; (iv) or any survey or reward created or administered by us or our use or disclosure of Your Data.

To the extent permitted by law 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 these Terms of Use or your use of our Site, Services, software or any content contained on them, any conduct of a Survey Creator, or any survey or reward created or administered by us or our use or disclosure of Your Data whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Our liability is otherwise limited to the supply of equivalent services or goods or paying the cost of having the equivalent services or goods supplied again or, if this is not permitted by law, then to the fullest extent permitted by applicable law.

Changes to our Terms of Use

Please note that these Terms of Use may be updated or revised from time to time and changes will apply immediately for any future use by you of our Services.  Changes to these Terms of Use will be published by posting an updated version on our Site.

General

These Terms of Use (and our Privacy Policy) are governed by the laws of New South Wales, Australia and you submit to non-exclusive jurisdiction of the courts of New South Wales.

Contact Information

We encourage and value your feed back.  Please let us know if you have any questions or comments by contacting us via our Support Page.

Thank you

YomStar