MEMBERSHIP TERMS
1. Definitions
In these Membership Terms:
Australian Consumer Law means all laws and regulations made under Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Confidential Information means all confidential information and includes (a) information about Latitude or a Client and its products that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with The Echo Wall; and (b) Responses provided in connection with The Echo Wall;
Response means all content provided by a Member for the purposes of The Echo Wall, and includes any statement, document, email, form or notes created in connection with The Echo Wall; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with The Echo Wall;
Latitude means Bastion Latitude Pty Ltd (ABN 27 610 294 829);
Clients means any client who engages Latitude to conduct research through The Echo Wall;
Related Parties means the Bastion Collective and/or clients, groups of companies, promotional partners, servants, employees, contractors and agents of Latitude;
Member means a person who has been accepted for membership of The Echo Wall;
Membership means a Member's membership of The Echo Wall;
Membership Terms includes this document and all documents incorporated by reference;
The Echo Wall means the online community established by Latitude to survey the opinions of Members for market research purposes;
Website means The Echo Wall website located at [Hyperlink INSERT].
Registration Survey means the survey that was completed to be recruited in to The Echo Wall community.
2. Membership
2.1 To become and to remain a Member, you must:
- be aged 14 years or over and, if you are under 18 years of age, you must have parent or legal guardian consent;
- live and be a resident in Australia;
- apply to become a Member by completing and submitting to Latitude the Registration Survey;
- have an active, permanent and operational email address or WeChat account to communicate with Latitude for the purposes of The Echo Wall;
- be accepted as a Member by Latitude;
- provide at least one Response each calendar month;
- regularly participate in any surveys or discussions in which you are invited to take part, not including the Registration Survey; and
- comply with these Membership Terms.
2.2 Membership numbers are limited. Latitude may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. Membership is personal to you and cannot be transferred to another person.
2.3 You may cancel your Membership by sending an email to community@bastioninsights.com and inserting the words "Request Removal" in the subject line.
2.4 By becoming a Member, you consent to receiving emails from theechowall@bastioninsights.com, Latitude and/or Related Parties in connection with The Echo Wall, including emails inviting you to participate in research.
2.5 Latitude may provide you with Confidential Information. You agree not to disclose or use any of the Confidential Information in any way other than as necessary to participate in The Echo Wall. You may only disclose Responses for the purposes of The Echo Wall.
2.6 Latitude may, at its discretion, provide you with Clients’ products as part of your participation in The Echo Wall. You agree that your participation in The Echo Wall is voluntary and that, other than the opportunity to participate in The Echo Wall-related promotions run by Latitude, you will not receive remuneration or reward from Clients or Latitude for your participation in The Echo Wall.
2.7 You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity which may cause loss, damage or diminish the reputation of you, Clients, Latitude, or its products.
3. Termination
3.1 Latitude may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of The Echo Wall; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).
4. The Echo Wall Promotions
4.1 You may choose to enter any The Echo Wall-related promotional game of skill or chance offered to you as a Member. If you enter into such promotions you will be subject to promotional terms and conditions. Promotional terms and conditions that apply to you will form part of these Membership Terms. If you breach any promotional terms or conditions, you will be deemed to have breached these Membership Terms.
5. Liability
5.1 Except for the statutory guarantees set out in the Australian Consumer Law, Latitude excludes all warranties and disclaims all representations in relation to any goods or services provided to you by Clients or Latitude in connection with The Echo Wall. The information provided in connection with The Echo Wall including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available".
5.2 Latitude and Clients will not be liable for any loss, damage or injury suffered or sustained (even if caused by Latitude and Clients or its agent's negligence) as a result of any person becoming a Member or participating in The Echo Wall, except for any liability which cannot be excluded by law. You should independently assess the information and products provided to you during The Echo Wall and if necessary you should consult with a professionally qualified dietician or other professionally qualified health practitioner on all specific situations, conditions and dietary matters of concern to you.
6. Your Privacy and Responses
6.1 Your information and Responses may be disclosed to Latitude, Clients and Related Parties to assist in improving Latitude and/or Clients’ products and services and to contact you in the future with information about Latitude and/or Clients, including special offers, marketing research or to provide you with marketing materials via any medium including telephone and commercial electronic messages.
6.2 You can gain access to, update or correct any personal information by contacting the persons identified in Latitude and/or clients Privacy Policy [Hyperlink INSERT].
6.3 Latitude will not publicly disclose the identity of Members.
6.4 Clients and Latitude may use your Responses for purposes connected with conducting The Echo Wall and for any reasonable research and commercial purposes.
7. Intellectual Property
7.1 By participating in The Echo Wall, you assign to Clients and Latitude absolutely all rights, title and interest in your Reponses upon creation and you consent to Clients, Latitude, and Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.
7.2 You warrant that each Response is your original work and that you must not breach any third party rights in communicating a Response to Clients and Latitude. You warrant that your Response is accurate and reliable.
7.3 You will provide Clients, Latitude and Related Parties with any consent or other permission that Clients and Latitude require to use your Response as set out in these Membership Terms. For the avoidance of doubt, Clients and Latitude are not required to pay any fee to use any Responses, no matter how that Response is used.
8 Website
8.1 Latitude owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not reproduce on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.
8.2 You agree that any The Echo Wall and Clients’ logos are trademarks of Clients and Latitude or the Related Parties. All rights in those trademarks are reserved by Clients and Latitude and the Related Parties. Any other trademark appearing on the Website is the property of its respective owner.
9. General
9.1 These Membership Terms may be changed or varied at any time without notice and with immediate effect by Latitude in its absolute discretion.
9.2 Clients and Latitude may use an agent or contractor to carry out all or part of The Echo Wall in its absolute discretion.
9.3 These Membership Terms are governed by the laws of Australia.
9.4 You are not, by virtue of your participation in The Echo Wall, an employee or contractor of Clients and Latitude or the Related Parties. The relationship between you and Clients and Latitude is that you are a voluntary participant in The Echo Wall and that you will comply with these Terms of Membership.
