1. Application

These terms apply to any person (“you” or “Participant”) participating in a market research program conducted by Qualie (each a “Program”).

 

2. Acceptance of these Participant Terms

You may only participate in a Program if you agree with and comply with these Participant Terms, the Qualie Website [Terms of Use], and the Qualie [Privacy Policy].

Please read these Participant Terms carefully before participating in a Program.

Qualie reserves the right to amend, update, change or delete portions of the Participant Terms at any time without prior notice and you should review the Participant Terms from time to time to ensure you are familiar with your obligations.

These Participant Terms expressly form a part of the Terms and Conditions as defined in the Website Terms of Use.

 

3. Eligibility

To participate in most Qualie Programs you must be aged 18 years or over. Some Programs are open to participants under 18 years of age. Where a Program allows Participants under 18 years of age Qualie will seek consent from the Participant’s parent or guardian prior to permitting the Participant to participate in the Program.

You acknowledge that your participation in a Program is voluntary.

 

4. Parent of Guardian Consent

Where a parent or guardian of a Participant aged under 18 years of age consents to the participation of the Participant, the parent or guardian expressly consents to:
(a) the participation of the Participant in accordance with these Participant Terms; and (b) the use of Materials (as defined below) provided by the Participant under these Participant Terms in accordance with Clauses 6 and 8 below.

 

5. Participation

You will receive an email containing a link to the relevant Program. You should follow the instructions in the email to access the Program.
Each Program will consist of a series of questions relating to a brand or other subject matter. You may be asked to provide answers to these questions in written, video, audio, or graphic form, or in any other form reasonably requested by Qualie.

You must answer each question honestly and to the best of your ability.

The data capture phase of the Program may be conducted by a third party website. In the event you are redirected to a third party website you should review its terms of use as suggested in the Website Terms of Use.

Qualie may take action (including legal action) against any person who, in Qualie’s determination, posts or uploads any Prohibited Material or engages in any Prohibited Activity (as those terms are defined in the Website Terms of Use) in connection with a Program.

Qualie reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and to comply with any law or legal process.

 

6. Materials

You may be given the opportunity to upload video, audio, pictures, graphics, or other materials as part of your answers within a Program (“Materials”).

In consideration of being provided with the Reward (as set out below) you grant Qualie an irrevocable, transferable, assignable, perpetual, worldwide, royalty-free licence to use, edit, compile and adapt all Materials you upload or otherwise provide to Qualie (including in written form) in connection with a Program for the purposes of conducting the Program and providing Qualie’s Program client with the results of the Program. This includes the right to incorporate your Materials in whole or in part into preliminary and final reports delivered to Qualie’s client in connection with the Program (“Reports”). Qualie will ensure that the Reports may only be used by the Client for its own internal business purposes.

You warrant to Qualie that you own or control all rights in Materials you upload or otherwise provide in connection with a Program. You agree that you will not upload images or video of any third parties without their express consent.

 

7. Reward

In consideration of your good faith and full participation in a Program, and the rights granted by you under these Program Participation Terms, Qualie will provide you with the reward notified to you in the Program instructions (the “Reward”). Where the Reward is a cash payment, the Reward will be paid to you via PayPal or bank transfer (in accordance with the information contained in your Program response). Where the Reward is a voucher, the voucher will be delivered to the email address linked to your Qualie account. Where the Reward is a prize (voucher) eligible entry into the competition will be via an additional question. The prize (voucher) will be delivered to your email address linked to your Qualie account. Where the Reward comprises loyalty or redemption points such points will be credited to the account you nominate upon completion of the Program. Unless otherwise specified in the Program instructions, the Reward will be paid or otherwise provided to you within 30 days of your completion of the Program. Vouchers, redemption points, and any other Reward provided by a third party may be subject to additional terms. Qualie will use reasonable efforts to notify you of, or provide a link to, those terms, prior to your participation in the relevant Program. In the event that Qualie determines, acting reasonably, that you did not make a good faith effort to complete a Program honestly or you have otherwise acted in bad faith in respect of any Program or in respect of Qualie or its client, you will not be entitled to receive the Reward and Qualie will not be liable to you for the Reward or in any other manner in connection with the Program or otherwise.

 

8. Privacy

You acknowledge that Qualie will collect your personal information in connection with your participation in a Program. Personal information collected by Qualie is handled in accordance with the Qualie [Privacy Policy].

You expressly consent to Qualie identifying you by your first name, age, and suburb of residence (as notified in your Program response) in Reports and other deliverables provided to Qualie’s client in connection with any Program you participate in.

If you upload personal photographs, video or other Materials featuring your image or likeness in connection with a Program you consent to Qualie incorporating such photographs, video and Materials into Reports and other deliverables provided to Qualie’s client in connection with that Program and you acknowledge that you may be personally identifiable in such Reports and other deliverables.
Qualie will not provide a client with your full name, contact details or email or physical addresses.

You agree that Qualie can contact you in relation to your past or future participation in Programs, or to provide you with further information about Qualie and its business. You may elect to cease receiving such communications at any time in accordance with the terms of the [Privacy Policy].

 

9. Confidentiality

You acknowledge and agree that all information and materials provided to you in connection with any Qualie Program are provided to you on a confidential basis. You agree not to copy, use or disclose to any third party any such information or materials without Qualie’s written consent.

 

10. Termination

These Participant Terms are effective until terminated by Qualie and Qualie may terminate these Participant Terms without prior notice to you.

 

11. Limitation of Liability

Qualie’s total liability to you in connection with a Program is limited to the provision of the Reward in respect of participation in that Program.

Qualie will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from your participation in a Program, even if Qualie has been advised of the possibility of such damages or losses.

 

12. Indemnity

You indemnify Qualie, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
(a) any breach or alleged breach by you of these Participant Terms; (b) your participation in a Program; and (c) any violation of any law or the rights of any third party.

Last updated: 21 January 2020