If you do not agree with all of the following terms (the Agreement) and the YourOpinion Privacy Policy, please do not use this website.

1. Overview
1.1 The www.youropinion.com.au website (this website) is owned by TDE (TDE, we, us). This agreement describes the terms and conditions that govern the use of the services on this website by the nominated registered member that completes the application form. (you).
1.2 Before you become a member, you must read, agree and accept all of the terms and conditions contained in this agreement and our policies, including our Privacy Policy (Policies). You agree that the Policies, which may change from time to time, form part of this agreement. These terms, conditions and Policies are referred to collectively as Website Terms. By accepting this agreement you agree to be bound by all the Website Terms.
1.3 We may, at our sole discretion, vary or modify the Website Terms from time to time. The amended Website Terms will be posted on this site. Any subsequent access to, or use by you, of the website will constitute an acceptance of these Website Terms as they appear at the time.
1.4 Except as specifically permitted under the terms of this agreement, these Website Terms cannot be amended except in writing signed by you and us.
1.5In this agreement, a reference to 'you' includes a reference to anyone acting on your behalf or with your express or implied authority.

2.

Obligations of TDE
2.1.1 We will consider your eligibility to take part in each survey on a case by case basis;
2.1.2 will not guarantee any number of survey invitations;
2.1.3 clearly indicate the amount you will be rewarded (the Reward) for successfully completing a survey. For the purposes of this agreement TDE will have the sole discretion to deem a survey successfully completed.
2.1.4 agree to credit your account with the Reward amount upon successful completion of the survey; and
2.1.5 transfer the amount in your YourOpinion account to your preferred form of reward within 30 number of days of you making an electronic request via the redemptions section on this website. This will only occur if the reward threshold relative to each reward has been reached.
2.2 TDE will not be under any obligation to select a panel member to participate in a survey. Selection to take part in a survey will be dependant on the requirement of the clients of TDE.
2.3 TDE may contact you at varying times to ask additional 'profile' questions to see if you meet the requirements of a particular category. Unless specified, you will not be rewarded for answering such questions.
2.4 TDE reserves the right to:
2.4.1 change the value of the notified Reward amount at any point in time; and
2.4.2 offer a substitute Reward of equivalent value to the Reward you selected.
2.5 TDE will not credit your account if you are in breach of any of the 'Obligations of Members' listed below.
2.6 If it is established that you are in breach of any of the Obligations of Members, TDE reserves the right to reset your account balance to zero and terminate your account.
2.7 TDE will not be required to make a payment to a member:
2.7.1 if their balance has not met the minimum threshold for the specific redemption option;
2.7.2 if the account has been terminated for any reason;
2.7.3 if the account is closed at the request of the member;
2.7.4.if the member does not respond to any survey requests within a 12 month period. At this point in time the account balance will be reset to zero.

3.

Obligations of Members
3.1As a member you warrant that you:
3.1.1 are over 14 years of age. 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 Website Terms at the time of registering as a member.
3.1.2are a resident of Australia;
3.1.3will not register on this website more than once;
3.1.4 will not attempt to answer a survey more than once through any means; and
3.1.5will provide honest and true answers in all surveys and will not provide confusing or meaningless answers.
3.2TDE will have no obligation in respect to any tax due on the Reward given to a member. Taxation implications are the sole responsibility of the member.
3.3Members will make any redemption request through this website and follow all processes and procedures. Redemptions will not be paid by any other means.

4.

Termination
4.1TDE may terminate this agreement and your membership of the YourOpinion panel:
4.1.1at any time by giving you 30 days written notice by email; or immediately after 12 months inactivity
4.1.3immediately by email if you are in breach of this agreement.
4.2You have the right to terminate this agreement at any time by unsubscribing from the YourOpinion panel. This should be done through one of the specified unsubscribe methods on the website.

5.

General terms and conditions
5.1Your Account
5.1.1You must be a registered member before being invited to participate in any survey through this website. We reserve the right to refuse to register any person for any reason.
5.1.2All accounts must be registered with a valid personal email address. Accounts registered with someone else's email address, or with temporary email addresses, may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
5.1.3You agree to receive survey invitations via SMS, if you have provided a mobile phone number in your profile.
5.1.4If you fail to abide by these Website Terms, we may immediately without notice or liability to you suspend or terminate your account, registration or participation to any or all surveys available on this website. If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise use or access the website.

6.1

Your Obligations
6.1.1 You must not (a) use the website for any activities which breach any laws or regulations or infringe any third party rights; (b) use the website to send any spam or unsolicited electronic mail messages to anyone; (c) use the website for fraud or any misleading or deceptive conduct; (d) use the personal information of another person in order to access or use the website; (e) tamper with, hinder the operation of or make unauthorised modifications to the website; or (f) transmit any bug, virus or other disabling feature to or through the website.
6.1.2You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of the website.

7.1

Information and content
7.1.1 The content and format of the website may be changed by us at any time, without notice, in our absolute discretion.
7.1.2 The website may include information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation of warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.
7.1.3 The website includes information and content developed by us (Our Information). You acknowledge and agree that: (a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation; (b) while we use all reasonable endeavours to ensure Our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and (c) Our Information may include certain errors, omissions or outdated information from time to time.
7.1.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

8.1

Security, viruses and linking
8.1.1We do not guarantee the security of the website. We do not warrant that access to the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
8.1.2Should you leave this site via a third party link, you acknowledge that: (a) you do so at your own risk; (b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and (c) the link does not represent any endorsement by us of the products or services offered on the linked site.

9.1

Intellectual Property
9.1.1All intellectual property rights in the website, including any information, software and tools accessed via the website, will remain vested in us.
9.1.2You may not copy, reproduce, modify reverse engineer, disassemble, decompile, transmit or communicate to the public the website, or any information, software and tools accessed via the website.

10.1

Confidentiality
10.1.1 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from members.

11.1

Our liability
11.1.1Subject to any condition, warranty or right implied by the Trade Practices Act 1974 or any other law which cannot by law be excluded by agreement: (a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and (b) all implied conditions, warranties and rights are excluded.
11.1.2Without limiting paragraph 11.1.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by the website.
11.1.3Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right: (a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and (b) in connection with the supply of services, to one of the following, as we may determine the supplying of the services again or the payment of the costs of having the services supplied again.
11.1.4 Subject to paragraphs 11.1.2 and 11.1.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any direct or indirect or consequential loss or damage or loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.

12.1.1

Miscellaneous
12.1.1 These Website Terms record the entire agreement between you and us and supersede all previous negotiations, undertakings, representations and agreements in relation to the subject matter of these Website Terms.
12.1.2 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
12.1.3 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.
12.1.4These Website Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.
12.1.5 If you have any questions or feedback about the website or these Website Terms, please contact us.

Ongoing 3 Monthly Prize Draw - Terms and Conditions

Terms and Conditions
1By entering the Your Opinion Panel Prize Draw (Competition) each entrant agrees to be bound by these terms and conditions.
2These terms and conditions should be read in conjunction with the terms and conditions of the website www.youropinion.com.au (Website) (available on http://www.youropinion.com.au/terms.asp) and the Website's privacy policy (http://www.youropinion.com.au/privacy.asp).
3The promoter of this Competition is YourOpinion  (Promoter).

Who can enter
4Entry to the Competition is open to residents of all Australian states and territories.
5All entrants must be individuals aged 18 years or older.
6Employees of YourOpinion and their associated agencies and companies and their immediate families are ineligible to enter. Immediate family means siblings, parents, children and other family members living under the same roof.
7The Competition will commence from 14th July and will end 12th July of the following year (Competition Period). An entry received after the expiry of the quarterly Competition Period will be deemed invalid. The prize draws will be drawn as detailed in clause 15.

How to enter
8Entry into the Competition is free. Competition entrants will receive one entry into the prize draw for every survey they complete in the competition period and must abide by the Website's terms and conditions (http://www.youropinion.com.au/terms.asp).
9It is the responsibility of entrants to provide correct and accurate contact details, including their name, address, email address and contact phone number.
10Each entrant warrants that any details provided with his/her entry are true and accurate and the entrant will indemnify the Promoter against any loss or damage resulting from any breach of these warranties.
11The Promoter is not responsible for any lost, late, incorrectly entered or misdirected entries. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these terms and conditions.
12The Promoter is not responsible for any problems, technical malfunction or failure of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email or other communication network or system, including any failure of an entry to be received in whole or in part by the Promoter due to any of the above or on account of other technical problems or traffic congestion on the internet or at any website or telecommunication systems, or any combination of these issues.
13All entries are the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting the Competition. The Promoter may disclose entrants' personal information to its contractors and agents to assist in conducting contact us.


Prize Information
14 The prize is an amount of $1,000 to be credited to the winner's Paypal account (Prize). The Prize is not exchangeable or transferable for any other prizes stated on this website which shall be purchased by YourOpinion.
15There will be one winner of the Prize every 3 months. The winner will be determined by a single random draw from the database of all entries received during the Competition Period in accordance with these terms and conditions. The draw will be conducted at the following location and times:

The promoter of this Competition is YourOpinion (Promoter).

Draw 1: 12:30pm 14-07; Published: 21-07 (Re-draw if required: 12:30pm 14-10; Published: 21-10)
Draw 2: 12:30pm 14-10; Published: 21-10 (Re-draw if required: 12:30pm 14-01; Published: 21-01)
Draw 3: 12:30pm 14-01; Published: 21-01 (Re-draw if required: 12:30pm 14-04; Published: 21-04)
Draw 4: 12:30pm 14-04; Published: 21-04 (Re-draw if required: 12:30pm 13-07; Published: 21-07)

16The draw will be conducted by a YourOpinion employee.
17The Winner will be notified by email within 21 days of draw date, and must confirm acceptance of the Prize by a reply email to the Promoter within 90 days of being notified of the win (Acceptance Period). Failure of the winner to reply within the Acceptance Period will result in forfeiture of the Prize. The Acceptance Period will not be extended.
18The winner must, on request by the Promoter, be able to provide evidence which, to the reasonable satisfaction of the Promoter, demonstrates that the winner is an eligible entrant and has complied with these Terms and Conditions.
19The name of the winner will be published on this website in the News & Prizes section.
20The prize will be paid to the winner by a bank transfer into the winner's PayPal account.  The winner must have a PayPal account to claim the prize.
21The Promoter reserves the right to conduct a second draw if the winner is unable to satisfy these terms and conditions or does not claim the Prize. If the Prize remains unclaimed as at 5pm 90 days after the draw (as per clause 15 above), a second draw will be conducted by the Promoter at the same place as the original draw at 10am the next day, subject to any applicable law. The second draw's winner will be notified by email within 21 days of the second draw and his/her name will be published on this website in the News & Prizes section (www.youropinion.com.au/newsletters) within 21 days of the second draw.
22The result of the draw is final and binding on all entrants and no correspondence will be entered into.

Promoter's rights
23If for any reason the Competition is not capable of being conducted in the manner or on the dates described in these terms and conditions as a result of an external act, omission or event that prevents or hinders the conduct of the Competition, including, but not limited to, vandalism, power failures, strikes, computer, phone, servers or internet failures, virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt of affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoter reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry or Competition process and to cancel, terminate, modify, suspend or take any other action in relation to the Competition, subject to the applicable legislation in each state or territory.
24To the full extent permitted by law, the promoter will not be liable for, and the entrants release the Promoter from any cost, expense, loss, damage, injury or claim of any kind, whether direct or indirect and however arising, suffered or incurred by any person or property as a result or in connection with the Competition or the Prize, including without limitation in connection with any person entering, attempting to enter or failing to enter the Competition or accepting or using or failing to accept or use the Prize.

Permits
 NSW Permit Number: LTPS/10/05305
ACT Permit Number: ACT TP 11/02140.1

©TDE 2008. All rights reserved.