Terms & Conditions
Welcome to our website. This website is owned and operated by Play MR Pty Ltd /as Shopper Social (ABN 83 163 580 443) (Shopper Social) its successors and assignees (we, our or us). It is available at: www.shoppersocial.com.au and www.shoppersocial.me (collectively the Sites) and may be available through other addresses or channels.
If you have any questions, please contact us using the contact details below. Your use of the Sites indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.
- 1. Age: Accessing and making use of the Sites indicates that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. You must not access or make use of the Sites if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older.
- 2. Information: The information, including statements, opinions, images and documents, contained in the Sites (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
- 3. Amendment: The Information and Terms may be amended without notice from time to time at our sole discretion. Your use of our Sites following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Sites if you accept and will comply with the new Terms.
- 4. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Sites.
- 5. Licence to use the Sites: We grant you a non-exclusive, royalty-free, revocable, worldwide, non transferable right and licence to use the Sites for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
- 6. Fees: The Sites are free to use.
- 7. Account: In order to access and make use of the Sites you must create an account and a login password (Account). You must not create and/or maintain more than one Account on the Site. Basic information is required when creating an Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, it is your responsibility to keep your Account details confidential. You are liable for all activity on your Account. You acknowledge that you will not disclose your Account details to any third party, and that you will take sole responsibility for any activities or actions under your Account, whether or not it has been authorised by you. You must immediately notify us of any unauthorised use of your Account.
- 8. Market research: By creating an Account on the Sites, you grant us permission to send you invitations to take part in market research surveys (Tests) on the Sites, if and when we so choose. Upon receipt of an invitation to partake in a Test, you may in your absolute discretion either participate or not participate in the Test. In circumstances where you participate in a Test, you warrant and acknowledge that, unless otherwise specified on the Sites or by these Terms, you will not pass on any information about the Test or information received in connection with the Test to any other person. For the avoidance of doubt, the term “information” means any information regarding:
- a. the products or concepts being tested, including but not limited to a physical or visual
- description, manufacturer name or brand name;
- b. how you participated in the Test;
- c. any questions that you were asked or any questions/responses that you provided during the Test; and
- d. any discussion (whether verbal or non-verbal) you have engaged in during the Test.
- 9. Test products: For the purpose of conducting the market research referred to above, we may from time to time send you samples of products to test or invite you to a central location to give your opinions (on Products). Products may include food and beverages, including products containing alcohol. You acknowledge that we are not liable in respect to any adverse effects that you or any third party may experience from consuming the Products and that all complaints about the Products should be directed to the relevant manufacturer.
- 10. Points: In exchange for your participation in, and successful completion of, Tests, we will allocate you Shopper Social reward points (Points). The Points shall have no cash value and you shall have no property rights or other legal interests in the Points earned, unless otherwise specified on the Sites or notified by us. You may elect to redeem your Points for vouchers, as per the Sites. We reserve the right to request a copy of a government photographic proof of identification document, for verification and security purposes, before granting a request to redeem Points for rewards. Where you are unable to provide a copy of a proof of identification document, we may deny the request and cancel your Account.
- 11. Competitions: We may from time to time and at our absolute discretion, run promotions, including but not limited to trade promotions (Promotions) on the Sites.. These Promotions will involve competitions that will be games of skill, not games of chance. Winners will be selected by an in-house panel of judges whose decision will be final. By entering Promotions on the Sites, you agree to this and to abide by the Promotion’s terms and conditions contained on the Sites or as provided by us to you (as the case may be).
- 12. Prohibited conduct: You must not:
- a. Use the Sites for any activities, or post or transmit any material from the Sites:
- - unless you hold all necessary rights, licences and consents to do so;
- - that infringes the intellectual property or other rights of any person;
- - that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- - that defames, harasses, threatens, menaces, offends, bullies or adversely affects any person;
- - that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- - that would bring us, or the Sites, into disrepute;
- b. Interfere with or inhibit any user from using the Sites;
- c. Use the Sites to send unsolicited email messages;
- d. Attempt to or tamper with, hinder or modify the Sites, knowingly transmit viruses or other disabling features, or damage or interfere with the Sites, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Sites; or
- e. Facilitate or assist a third party to do any of the above acts.
- 13. Our copyright and intellectual property rights: Our Sites contain material which is owned by or licensed to us and is protected by Australian and International laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Sites. We own the copyright which subsists in all creative and literary works displayed on the Sites.
- You agree that, as between you and us, we own all intellectual property rights on the Sites, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Sites does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Sites without our express written permission.
- You must not breach any copyright or intellectual property rights connected with the Sites. This includes but is not limited to:
- a. altering or modifying any of the code or the material on the Sites;
- b. causing any of the material on the Sites to be framed or embedded in another website;
- c. creating derivative works from the content of the Sites; or
- d. using the Sites for commercial purposes.
- 14. Copyright and intellectual property of third parties: Our Sites contain material which is owned by or licensed to third party suppliers and is protected by Australian and International laws. For the avoidance of doubt the term “material” in this clause includes intellectual property and the term “intellectual property” means all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, confidential information, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names subsisting in goods, services or products of third party suppliers as featured on the Sites. You acknowledge and agree that the third party suppliers own all the intellectual property rights in their goods, services or products. Your use of the Sites and access and use of the third party suppliers’ goods, services or products does not grant you a licence to, or provide the right to, use any of the intellectual property which subsists in the goods, services or products, whether registered or unregistered, without our express written permission.
- 15. Republishing: You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Sites on the following grounds:
- a. you must make no alterations to the material;
- b. you must attribute the material to our Sites, including linking back to our Sites where possible; and
- c. you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Sites, into disrepute, provided that you may not republish, copy distribute, transmit, or publicly display (in hard copy, soft copy or online) any material you may receive about or in connection with a Test.
- 17. Your content: If you choose to add any content on the Sites, you:
- a. warrant to us that you have all necessary rights to post the content;
- b. warrant that you have complied with all relevant laws in relation to the content, and any recording of it and the uploading of it;
- c. acknowledge and agree that the Sites have not encouraged or incited you to attempt anything or to take party in any particular activity;
- d. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, reproducing, changing, commercialising, and communicating the content to other businesses and the public) and permit us to authorise any other person to do the same thing; and
- e. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
- We may from time to time monitor, contribute to, or review the content on the Sites and use it for research purposes. We further reserve the right to edit any content on the Sites (in whole or in part).
- 18. Third party information: The Sites may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
- 19. Third party links and websites: The Sites may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
- 20. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, at our sole discretion.
- 21. Delays and outages: We are not responsible for any delays or interruptions to the Sites. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Sites will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Sites in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Sites.
- 22. Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Sites and your access to and use of third party supplier’s goods, services and products made available to you or promoted, marketed or otherwise advertised to you via the Sites.
- To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
- 23. Security: To keep our data secure and confidential we use encrypted SSL/TLS connections. This ensures that user data in transit is safe, secure, and available only to intended recipients.
- 24. Disclaimer: The Sites are provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Sites or your access to the Sites will be error free, that any defects will be corrected, that the Sites or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Sites will operate on a continuous basis or be available at any time.
- While we endeavour to keep the Sites and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
- a. the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Sites for any purpose;
- b. Third Party Information; or
- c. Third Party Sites.
- You read, use, and act on information contained on the Sites, Third Party Information and/or Third Party Sites, strictly at your own risk.
- 25. Indemnity: By using the Sites, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
- a. your use of or access to the Sites and consumption of the Products;
- b. any breach by you of these Terms; or
- c. any wilful, unlawful or negligent act or omission by you.
- This defence and indemnification obligation will survive these Terms and your use of the Sites. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- 26. Breach: You may only use the Sites for lawful purposes and in a manner consistent with the nature and purpose of the Sites. By using the Sites, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Sites. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Sites and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
- 27. Exclusion of competitors: You are prohibited from using the Sites, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Sites and Information, at our sole discretion.
- 28. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
- 29. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
- 30. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
- 31. Disputes: Your use of the Sites and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Sites may be accessed throughout Australia and overseas. We make no representation that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.
For questions and notices, please contact us at:
Play MR Pty Ltd /as Shopper Social (ABN 83 163 580 443)
4/111 Old Pittwater Road, Brookvale, NSW 2100
Last update: 18th April 2019