In these Respondent Terms & Conditions (T&Cs), “we” or “us” means YomStar Australia Pty Ltd (ACN 600 371 202), YomStar Inc. (FN 6013590), YomStar Holdings Pty Ltd (ACN 163 409 961) (as applicable) and all associated entities, and “you” means a person who has decided to respond to an Engagement.At YomConnect, we know how important your opinion is to businesses. Through our websites (including www.yomconnect.com) (Site), we provide web-based software and tools to enable our clients to create cutting-edge Engagements which are designed so that your feedback can be provided quickly and easily. You may even be rewarded for your participation in an Engagement.When you access, interact with or respond to an Engagement created by or on behalf of one of our clients (the Engagement Creator) you agree to be bound by these T&Cs. These T&Cs apply to any information or data that you provide to us to access an Engagement, or in response to, or otherwise in connection with an Engagement (Data). Our Privacy Policy will apply to the extent that you provide us with any personal information.If you do not agree to these T&Cs, then you must not access, interact with or respond to an Engagement.The Engagement Creator may also require you to agree to their own terms and conditions and Privacy Policy before you respond to their Engagement. While these T&Cs govern your relationship with us, the Engagement Creator’s terms and conditions will govern your relationship with them.Part 9 sets out the definitions that apply to these T&Cs.Your relationship with us and the Engagement CreatorEngagement Creator: When you access, interact with or respond to an Engagement, you acknowledge and agree that the Engagement and the fulfilment of any Reward or entry into a Competition is offered by and is the sole responsibility of the Engagement Creator.Our relationship with the Engagement Creator: Our relationship with the Engagement Creator is governed by our agreement with them, which includes theYomConnect Terms and Conditions (YomConnect T&Cs). We recommend that you review theYomConnect T&Cs to gain a better understanding of our relationship with the Engagement Creator. If you are concerned that an Engagement Creator may have breached theYomConnect T&Cs, or if you have any concerns generally about an Engagement Creator’s conduct, please contact us through our Support Page. If we consider it appropriate, we may decide to take further action.Our Role: Depending on our agreement with the Engagement Creator, our role may involve:(a) designing the Engagement;(b) hosting the Engagement;(c) distributing the Engagement;(d) providing access to the Engagement;(e) administrative tasks related to the Engagement;(f) receiving Data;(g) hosting Data; and(h) making Data available to the Engagement Creator.Our relationship with you: The extent of our relationship with you is to distribute the Engagement to you, host the Engagement and collect and host your Data on behalf of the Engagement Creator. Depending on our agreement with the Engagement Creator, we may also be responsible for distributing Rewards or organising Competitions on their behalf. You acknowledge and agree that we have no liability or responsibility to you outside of this limited relationship.Information: If you require any information or have any questions in relation to our role and responsibilities, please feel free to contact us through our Support Page. If you require any information or have any questions about the a Reward or entry into a Competition that is being offered, please contact the Engagement Creator.Our Engagements: From time to time, we may offer our own Engagements. In that case, we will be the Engagement Creator of that Engagement, and will be subject to the rights and obligations of the Engagement Creator as outlined in these T&Cs.Your Conduct and ObligationsAge: You are not eligible to and must not access, interact with or complete any Engagement unless you are over the age of majority in your country of residence.Compliance: You agree at all times to only access, interact with or respond to an Engagement in accordance with:(a) these T&Cs;(b) any applicable laws and regulatory requirements (including, without limitation, the Privacy Laws, any applicable criminal laws, and any applicable laws and regulations relating to intellectual property, defamation, discrimination, vilification and obscenity); and(c) any applicable third party terms and conditions (including those of the Engagement Creator), either forming part of the Engagement, or as otherwise relating to your access to or interaction with the Engagement.Personal information: You warrant that any personal information provided to us is your own, or that you otherwise have the necessary consent to provide such information to us.Participation: Unless otherwise provided for in the Engagement Creator’s terms and conditions (if applicable), you may only participate and submit responses to an Engagement once.Conduct: In accessing, interacting with or responding to an Engagement, you must not:(a) act unlawfully, fraudulently, dishonestly, inappropriately, mislead or deceive, or engage in improper behaviour of any kind;(b) harass, abuse or harm any person;(c) send unwelcome 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) submit any Data 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;(g) interfere with, gain unauthorised access to, or disrupt the availability of the the Engagement or any of our software (including but not limited to any servers or networks connected with our Site); or(h) upload or other transfer any material containing a bug, virus, trojan or similar malicious program or software to the Site.Failure to comply: If you fail to comply with this Part 2, in additional to any other rights that we have under these T&Cs, we may decide to delete some or all of your Data, or terminate your access to any or a particular Engagement.Your licenceConduct: Provided you have agreed to and comply with these T&Cs, we grant you a limited, non-exclusive, non-transferable licence to access and complete the Engagement (including any software or tool provided by us to allow you to access and use the Engagement), and to submit your responses only.Purpose: This licence is granted to you for the purpose of responding to the Engagement in accordance with these T&Cs only. You must not use the Engagement (or any software provided by us) for any other purpose.
New Zealand
United Kingdom
