Terms of Service

1.1. Owner of the Service

The MyOpinions Service and the MyOpinions web sites (referred to hereafter as 'the MyOpinions Network' or 'the Network') are owned and operated by MyOpinions Pty Ltd ABN 15 128 158 038 (referred to hereafter as 'MyOpinions', ‘we’, ‘us’ or ‘our’).

1.2. Acceptance of the Terms of Service

Your membership of the Service is conditional upon your express agreement to, acceptance of and compliance with these Terms of Service, as well as agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on the MyOpinions Network.

The submission of your MyOpinions membership application constitutes your acceptance of these Terms of Service.

1.3. Changes to the Terms of Service

We reserve the right to vary these Terms of Service by providing 30 days notice on this website. Because as a member of the Service you will continue to be bound by these Terms of Service, you should periodically refer to them here to review any changes.

1.4. Changes to the Service

We reserve the right to vary the specifications, rates, rewards, rules, conditions and content of any aspect of the Service and Network at any time without notice.

1.5. Content of the Network

Whilst we make every effort to ensure information or content published on the Network by us is accurate and complete, we make no guarantee that it is, and cannot be held responsible for any errors or omissions in any such information or content.

Any dated information or content published by us on the Network is current at the time of publication, and we are not obliged to update or amend any such information or content.

2.1. Eligibility to join the Service

2.1.1. To be eligible to join the Service, you must be 18 years of age or over. Individuals 17 years of age or below are not eligible to join MyOpinions.

2.1.2. You must be a resident of Australia to be eligible to join the Service.

2.2. Joining and using the Service

2.2.1. You may only apply for and use one membership.

2.2.2. You must not join nor use the Service on behalf of any other individual, including a family member.

2.2.3. You must not allow any other individual to use the Service on your behalf.

2.2.4. A maximum of 5 memberships per household applies.

2.2.5. A maximum of 5 memberships per postal address applies.

2.3. Registered email address

2.3.1. You must provide a valid email address (referred to as the ‘registered email address’) when you register to become a member. For your membership to be considered active and valid, you must validate your registered email address by clicking on a link within an email we send to you after registration.

2.3.2. The email address you provide when you register must be an active email address in regular use by you.

2.3.3. If you ever discontinue use of the registered email address, for your membership to remain active you must advise us of a new, active email address that you regularly use. You can advise us of a new email address in the Account Settings section of this web site. You will be required to re-validate your new registered email address.

2.3.4. Your registered email address must not be the registered email address of any other member of the Service.

2.4. Personal and profile information

2.4.1. You must provide us with information about yourself, and you agree to us keeping a record of that information for as long as you remain a member of the Service. You may be required to provide personally identifiable information in the Account Settings section of this web site. You may be required to provide information about you that does not personally identify you in the Account Profile section of this web site.

2.4.2. The information you provide to us must be complete, current, correct, valid and truthful.

2.4.3. You must keep the information that you have provided to us current and up-to-date by periodically reviewing and updating the information provided. You can do this using the Account Settings and Account Profile sections of this web site.

2.5. Accuracy, honesty and integrity

2.5.1. At all times in your dealings with MyOpinions and its partners and suppliers you must act with integrity and honesty.

2.5.2. When filling in and responding to online market research surveys that you have been invited to participate in by an email sent by us, you must answer questions accurately and truthfully, with carefully considered responses. You must not rush through the survey and submit partial or nonsense responses. You must not use inappropriate or profane language in your responses.

2.6. Unsolicited messages and spam

2.6.1. In these Terms of Service, ‘spam’ means the use of email, online message boards, online chat rooms, usenet, or an electronic messaging service to send a message which:

1. is addressed to a person with whom the sender does not have an existing relationship;
2. is not sent with the implied or express consent of the recipient;
3. is typically, but not always, sent or posted in excess volume;
4. contains information that is unsolicited or unwelcome.

2.6.2. You must not send unsolicited messages or spam to promote the Service.

2.6.3. You must not use the Network or Service to send spam.

2.7. Unlawful use, hacking, tampering and using automated scripts

2.7.1. You must not use the Network or Service in a way that is or for any purpose that is unlawful.

2.7.2. You must not use the Network to engage in any kind of hacking, tampering, spoofing or abuse of any system or computer network.

2.7.3. You must not engage in any kind of hacking, tampering, spoofing or abuse of the MyOpinions Network and any aspects of the Service.

2.7.4. You must not use a script, robot, software program, or other system that operates the Network or Service on your behalf and outside of the intended use of the Network or Service, whether it be to earn reward points automatically, post or transmit bulk messages, or otherwise interfere with the normal operation and security of the Network or Service.

2.7.5. If you breach any of the conditions above, your membership will be cancelled and you may be prosecuted for damages or expenses arising directly or indirectly out of your actions.

2.7.6. We are under no obligation to monitor any person’s use of the Network or Service, however we reserve the right to monitor the Network and Service and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.

3.1. Privacy

We take the security and privacy of your personal and profile information very seriously. MyOpinions has a Privacy Policy which should be read in conjunction with these Terms of Service.

3.2. Personally identifiable information

The information you provide in the Account Settings section of the MyOpinions web site includes personally identifiable information (such as your name, your email address, your residential or postal address, etc.) This personally identifiable information is never sold or shared with any third party, except:

1. if you expressly agree and give us permission to do so. For example, we may pass on some details to a partner of ours if it is necessary for us to process a transaction that you request us to process, and you give us consent to do so; or
2. if it is required by law.

3.3. Third parties

Sometimes you may be directed to a web site where a market research company asks you to provide your personal information. It is your choice whether to provide your personal information to that third party. We cannot be held responsible for the privacy practices or actions of any third party.

3.4. Profile information

The information you provide in the Account Profile section of the MyOpinions web site is information about you that cannot be used to identify you personally (such as your age, gender, postcode, education, background, preferences, habits, etc.) This profile information is used by us to ensure that you only receive surveys appropriate to you, and to allow our clients to reach the particular type of people they are targeting with their survey.

3.5. Aggregate basis

The information in your Account Profile is never shared with any third party in a way that can be used to personally identify you. It is only shared with third parties on an aggregate basis. ‘Aggregate basis’ means the information of many members is combined together to form one measurement or quantity that cannot be used to identify any particular person. For example, a client may be told that their advertising campaign is going to be received by 1,000 members between 18 and 30 years of age, and received by 2,000 members between 31 and 40 years of age.

3.6. Security

We will take all reasonable precautions and measures to maintain the security and privacy of your personal information. This includes using the very best in hardware, software, and security practices available to us. However, due to the nature of the Internet and the nature of the systems and technology available at the current time, it is unfortunate that breaches of security are still possible. Therefore we cannot guarantee that your information will be completely secure, and we cannot be held liable for any loss or damage arising out of a breach of security.

3.7. Account password

You must keep your account password confidential at all times. You are responsible for all transactions made on the Network with your username and password. We are not liable for any loss or damage arising out of the unauthorised use of your username and password.

4.1. Service emails

4.1.1. When you join the service you give us consent to send you emails, with or without any incentive or reward, that are necessary for us to continue to provide the Service to you. These emails (referred to as ‘service emails’) may include:

1. verification or validation emails;
2. account statements;
3. important information or notices about the Service and your use of the Service;
4. responses to a customer service enquiry you have made;
5. notification or confirmation of any transaction you initiate;
6. requests for additional information from you;

4.1.2. Because service emails are required and necessary for us to provide the Service to you, the only way to unsubscribe from receiving service emails from us is to terminate your use of the Service by cancelling your membership.

4.2. Survey invitation emails

4.2.1. When you join the Service you give us consent to send you notifications or invitation emails (referred to as ‘survey invitation emails’ or ‘surveys’) to participate in online market research surveys.

4.2.2. We will offer to you an incentive of reward points or entries into a competition for completing the online market research survey. To be eligible to earn reward points for completing a survey you must attempt the survey within a specified time frame, you must complete the survey before the quota for that survey has been met (‘quota’ means the maximum number of respondents to a survey), and you must meet all other eligibility requirements for that survey. Due to the nature of market research, it is usually not possible to disclose up-front what the full eligibility requirements for a survey are.

4.2.3. Receiving survey invitation emails is a required and necessary part of the Service. Therefore the only way to unsubscribe from receiving survey emails from us is to terminate your use of the Service by cancelling your membership.

4.2.4. We make no guarantee or representation as to the minimum number of survey invitation emails you will receive from us.

4.2.5. The reward points offered for each survey varies, depending on the length of the survey and other factors. In addition to this, the number of reward points you are eligible to earn from a survey depends on how far you progress through the survey.

5.1. Your reward points account

5.1.1. As a member of the Service we will maintain against your membership account a balance of reward points. As you use the Service you may accumulate reward points, and then once your reward points balance reaches a threshold level as set by us, you may redeem those reward points for cash or prizes.

5.1.2. There is a minimum threshold balance required before you may request for any redemption of your reward points. We may change the minimum threshold balance at any time. At the present time the minimum threshold for redemption via RewardsCentral points transfer is 100 reward points, and the minimum threshold for redemption via PayPal is 6,000 reward points.

5.1.3. Until such time as your reward points balance reaches the minimum threshold, we are not liable to you for payment of any rewards.

5.1.4. You expressly acknowledge that your eligibility to redeem your reward points for cash or prizes is conditional upon your ongoing compliance with these Terms of Service. If at any time we have evidence or reason to believe that you are not in compliance with these Terms of Service, we may, at our discretion, cancel your membership of the Service, cancel any right or interest that you may have in the reward points that you have accumulated, and cancel any outstanding redemption or payment of cash or prizes.

5.1.5. If you choose to cancel your MyOpinions membership account, all of your reward points are immediately and irreversibly forfeited. All outstanding and pending payments and rewards are immediately cancelled.

5.2. Reward points obtained by fraud or deception

Where an amount of reward points has been credited to your account and we at any time have evidence or reason to believe that those reward points were credited to your account due to the fraudulent, deceptive or dishonest actions of you or any other member, we reserve the right to reverse the transaction by deducting from your account the same amount of reward points.

5.3. Reward points credited due to error or computer software bug

If reward points are credited to your account due to a human or computer error, or if reward points are credited to your account due to the accidental or deliberate exploitation of a computer programming bug by you or by anyone else, we reserve the right to adjust or reverse the transaction without notice.

5.4. Transferability

MyOpinions reward points are not transferable between MyOpinions members or MyOpinions accounts under any circumstances.

5.5. Waiting period

For some aspects of the Service and Network, reward points may not be credited to your account immediately. You should expect that in some instances, it can take up to 3 months or more before reward points that you have earned can be credited to your account.

5.6. Reward points do not expire

Your reward points do not have an expiry date. Any points you have accumulated in compliance with these Terms of Service will remain in credit against your membership account until they are redeemed by you, as long as your membership account remains active and you continue to comply with these Terms of Service.

5.7. No guarantee of earning potential

You acknowledge that we do not make or imply any guarantee or representation as to the number of reward points you can earn as a member of the Service.

6.1. General conditions

6.1.1. In these Terms of Service, ‘redemption’ and ‘payment of rewards’ means any type of request for us to pay you or award to you any money or merchandise or reward points transfer in exchange for an amount of your accumulated reward points. This includes payment by PayPal and transfer of points to RewardsCentral.

6.1.2. As the Service is open for membership only to residents of Australia, we will not send any payment of rewards to any address outside of Australia.

6.1.3. At the time you make a request for redemption of your rewards, we may review the details and transaction history of your membership account, and the details of any related membership accounts, to check for any evidence of fraud or deception by you. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for redemption of rewards and take other action such as cancelling your membership account as permitted by these Terms of Service.

6.1.4. In clause 6.1.3., ‘related membership accounts’ means any membership account that referred your membership account, or any membership accounts that were referred by your membership account, or any membership account that has provided the same residential address or postal address as your account.

6.1.5. At the time you make a request for redemption of your rewards, we reserve the right to request from you a copy of a proof of identification document, for account verification and security purposes, before approving your request for redemption or payment of rewards. If you are unable or elect not to provide a copy of a proof of identification document, we may deny your request for payment of rewards.

6.1.6. The rate at which you may redeem MyOpinions reward points for cash, prizes or RewardsCentral reward points is at our discretion, and may vary from time to time without notice.

6.2. Payment by RewardsCentral transfer

6.2.1. By linking your MyOpinions membership account with your own membership account at the web site www.rewardscentral.com.au (owned and operated by RewardsCentral Australia Pty Ltd) you may choose to thereafter either manually or automatically transfer MyOpinions reward points to RewardsCentral reward points.

6.2.2. You may only link your MyOpinions account to your own RewardsCentral account. You must not link your MyOpinions account to someone else's RewardsCentral membership account.

6.2.3. Once transfer of your reward points is complete, your redemption of those rewards is subject to the RewardsCentral Terms of Service.

6.2.4. We reserve the right to vary at any time the rate at which MyOpinions reward points may be transferred to RewardsCentral reward points. At the present time the rate for transfer is 1 MyOpinions point is equal to 1 RewardsCentral point.

6.3. Payment by PayPal

6.3.1. You are solely responsible for ensuring the accuracy of the information you provide for the purposes of a PayPal payment.

6.3.2. If a payment of rewards by PayPal that you request is processed to the wrong PayPal account, the funds are lost and we will not take any action to reverse the transaction, reprocess the transaction, or refund reward points to you.

6.3.3. If a PayPal transfer is rejected by PayPal for any reason, we may charge to you an administration fee of 500 MyOpinions reward points.

6.3.4. For the purposes of PayPal transfers of rewards, we may, at our discretion, enforce a limit of one membership account per PayPal account.

6.4. Charity

6.4.1. You may choose to donate your reward points to a charity listed.

6.4.2. We reserve the right to vary the rate at which reward points can be redeemed for a cash donation to a charity at any time. At the present time charity donations are converted at the rate of AUD$10 per 1,200 reward points.

6.4.3. We reserve the right to vary the minimum donation amount accepted at any time. At the present time the minimum donation you can make is 1,200 reward points.

6.4.4. Donations of the currency equivalent of the total of all reward points donated are made to each charity on an aggregate basis at the end of each financial year.

6.4.5. Because donations are not made in your name, and because your MyOpinions reward points are not taxable, any donation of reward points you make to a charity is not tax-deductible. For this reason we cannot issue you with a receipt for the donation of your reward points.

7.1. Refer a Friend

7.1.1. We will credit your account with 200 reward points if you (the ‘referrer’) refer a new member (the ‘referred person’ or ‘referred member’) to join the Service, however we will only credit you with points if:

1. the referred person is not already a member of, and has never been a member of the Service; and
2. the referred person is eligible to join and use the Service; and
3. the referred person enters your MyOpinions username or registered email address in the correct field on the MyOpinions membership application form when they join, or they follow your designated referral link which automatically includes your username in the correct field on the membership application form; and
4. the referred member accumulates 400 reward points in their own account, or they fully verify their account by requesting and correctly responding to messages sent by us to their email address, mobile phone number and postal address.

7.1.2. We reserve the right to deduct any points credited in relation to a referral if we, at any time, discover that any condition in clause 7.1.1. has not been met.

7.1.3. You expressly acknowledge that you are not permitted to have more than one membership of the Service, and that you are not permitted to join the Service on behalf of another individual. You acknowledge that having more than one membership or joining on behalf of another for the purposes of obtaining referral reward points is considered by us to be deceptive and fraudulent behavior, and therefore if we have evidence or reason to believe that you have acted as such we may deduct referral reward points from your account, or we may cancel your membership account or the referred membership account.

7.1.4. We reserve the right to deduct from your account any points credited to you in relation to a referral if the referred account is cancelled by us or by the referred member within three months of the date of the referred member joining.

7.1.5. You must not make any misleading statements about the Service, or misrepresent to the person you refer, the amount of rewards and benefits they may earn from their membership of the Service.

7.1.6. You must not display or post your referral link or any banner or graphic promoting the Service on any website that contains any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material.

7.2. Competitions

7.2.1. We run competitions for members at various times. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with these Terms of Service.

7.2.2. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to have your name, suburb and state published on the MyOpinions web site and in print media if you are a winner.

7.2.3. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to provide us with a testimonial and photograph if you are a prize winner. When you provide us with a testimonial and photograph you must agree to us publishing your testimonial and photograph both on the MyOpinions Network and in print and online media for marketing and promotional purposes.

7.2.4. MyOpinions employees and their family members, and MyOpinions affiliates, clients, agents, suppliers, and their employees and immediate family are not eligible to enter any MyOpinions competition.

8.1. Communication Facilities

The MyOpinions Network contains electronic message boards (‘forums’), chat rooms, electronic messaging and feedback systems, and other communication facilities which allow you to communicate with us, with third parties, and with other members of MyOpinions (referred to hereafter as 'Communication Facilities').

8.2. Conditions of use

It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:

1. restrict or inhibit any other member from using or enjoying any aspect of the Service or Network;
2. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
3. post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
4. post or transmit any material of any kind which contains a computer virus or other harmful component;
5. post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising, unless we receive consideration or payment for such posting or promotion as part of the service we provide to our members and clients;
6. impersonate any other person or entity;
7. solicit donations for any person or any organisation other than a registered charity.

8.3. Penalties

If you breach any of the conditions relating to the use of Communication Facilities we may impose a reward points or exp penalty, we may suspend your access to use, and ability to post to, any Communication Facility, and we may cancel your membership of the Service.

8.4. No obligation to monitor

We may from time to time monitor or review the contents of the Communication Facilities. While we reserve the right to edit, delete, or refuse to post any information, content or materials (in whole or in part) that in our sole discretion are in any way objectionable or in violation of any applicable law or these Terms of Service, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post any information, content or materials, nor are we responsible for any information, content or materials posted by you or any other member of the Service or user of the Network.

8.5. Public not private

You acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

8.6. Cooperation with law enforcement authorities

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any information, content or materials which violate any applicable or relevant law.

8.7. Username

We reserve the right to cancel any membership account created with a username that in our opinion is offensive, obscene, profane or indecent.

The MyOpinions Network and the emails sent by us contain links to web sites and online market research surveys operated by third parties or their licensees or contractors. Third party links and market research surveys are paid for by the relevant third party and are not a recommendation or endorsement by us or our affiliates or our respective employees. We make no express or implied warranties in relation to the content of these web sites, including the accuracy, completeness, reliability or suitability of the web sites for any purpose.

If you have an enquiry or complaint about a particular link, email, or survey, you may contact us. We will endeavour to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the owner of the web site or survey directly.

All content and material on the MyOpinions web site and Network and sent to you in an email by MyOpinions is protected by Australian and international copyright law, and may also be protected as a trade mark, service mark, or under other rights and laws.

Except for the creation of a temporary copy on your computer which is inherent to the process of the normal use of the Network or Service, the content and material referred to above may not be copied, reproduced, published, stored in a retrieval system, altered or otherwise used in any form or by any means, in whole or in part, without our prior written approval, or the approval of the relevant copyright owner.

You acknowledge that you have not relied upon or been induced by any representation by us and that we make no warranty or representation as to:

1. the results that may be obtained through membership of the Service;
2. the accuracy, reliability or otherwise of any information obtained through membership of the Service;
3. the financial or other rewards which may be obtained through membership of the Service;
4. the Service or Network being uninterrupted, timely or error free;
5. the goods and/or services purchased or obtained through the Service or Network, including goods and or services offered by third parties, except where expressly indicated.

You release MyOpinions, its parents, subsidiaries, and its officers, employees, agents and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:

1. any advertising emails or survey invitation email sent to you;
2. your membership of the Service;
3. your use of or inability to use the MyOpinions Network;
4. the quality of goods and/or services purchased by you;
5. any dispute with a supplier of goods and/or services.

You indemnify and keep indemnified MyOpinions, its parents, subsidiaries, and its officers, employees, agents and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits caused by or arising out of or consequential upon your membership of the Service or your use of the Network.

14.1. Termination

These Terms of Service are effective and in force until terminated by us. We may terminate these Terms of Service at any time without notice.

14.2. Cancellation by us

We reserve the right to cancel your membership and terminate your use of the Service at any time, without cause or reason, and without notice. Specifically, we may cancel your membership and terminate your use of the Service, without notice, if you:

1. breach or violate any conditions or requirements in these Terms of Service;
2. act against the business interests or reputation of MyOpinions or its affiliated organisations and clients.

14.3. Non-use

We reserve the right to cancel your membership and terminate your use of the Service, with 7 days notice, if your membership account becomes inactive through non-use over a period of 12 months. To prevent your membership account from becoming inactive, it is sufficient to simply sign in to the MyOpinions web site on a regular basis.

14.4. Cancellation by you

You may choose to terminate your obligations under these Terms of Service at any time by cancelling your membership of the MyOpinions Service. This can be done in the Account Settings section of this web site. You will be required to enter your password in order to cancel your membership.

14.5. Cancellation is final

If your membership is cancelled, the cancellation is final and your membership cannot be re-activated.

14.6. Forfeit of rewards

If your membership is cancelled, you will forfeit all of your reward points, and exp, and all outstanding redemption payments and rewards.

14.7. Refusal of application

We reserve the right to refuse your application to join the Service again if we have ever cancelled your membership of the Service in the past.

If any part of these Terms of Service is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of these Terms of Service.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.