WDYT Terms of Service

Effective 20th April 2016.

WDYT Site Terms of Service

  1. Introduction

    The WhatDoYouThink.com.au Web site ("Site") and service ("Service") is owned and operated by APD Performance Pty Ltd A.B.N. 36 096 918 08 (referred to hereafter as "WDYT").

  2. General Disclaimer

    Material and content published on this site represents the views and opinions of participating members of the general public. Due to the unsolicited and unauthenticated nature of the QuickPolling methodology, WDYT does not warrant that the results will represent the opinions held by the wider community.

    AS SUCH, ALL CONTENT AND INFORMATION ARE PRESENTED FOR ENTERTAINMENT PURPOSES ONLY.

    WDYT does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, views, opinions, or statements posted in QuickPolls, bulletin boards, forums or otherwise contained in the Service.

    The information on this site is not intended to be, nor should it solely be relied upon as a substitute for formal business research, academic or personal research.

    WDYT has a policy of allowing others to re-publish and re-distribute the results of completed WDYT QuickPolls on the condition that a reference is made to the WDYT site and this General Disclaimer.

  3. Acceptance of Terms

    Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS").

    BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS.

    BY SUBMITTING A MEMBERSHIP APPLICATION TO THIS SITE YOU AGREE TO JOIN THE SITE AS A PREMIUM MEMBER. YOUR MEMBERSHIP CAN BE UPDATED IN THE "ABOUT ME" SECTION OF THE SITE.

    If you do not agree to our TOS, which includes by incorporation our Privacy Policy, you must immediately terminate your account by following the instructions provided on the Site.

    This Site is provided for the personal enjoyment of Members subject to these TOS and all modifications thereto, and any other rules or guidelines, including any game or sweepstakes rules that may be published from time to time by WDYT on this Site. WDYT reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services. You should check these Terms of Service periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms of Service is noted above. Your use of the Site following any modifications to these Terms of Service shall be deemed to be your assent to any such modifications.

  4. Description of Service

    The WDYT site is operated as a forum for community views and values expressed in the form of QuickPolls, forums and other mechanisms as introduced from time to time.

    The WDYT member program is operated as a permission marketing database for individuals who voluntarily register on the Site ("Members"), and agree to, and abide by, these TOS.

    Members are rewarded for their loyalty and participation through the WDYT Reward System.

  5. WDYT Reward System

    Members may be awarded points ("Points", "Reward Points" or "WDYT Reward Points") for participating in certain activities such as reading and responding in a valid manner to email promotions; and by other methods as notified from time to time on the Site.

    Members will be notified before each email promotion the reward they will receive for the valid completion of that activity. Invalid responses will not be rewarded, and may result in membership cancellation. WDYT Reward Points will be awarded for valid responses up to 45 days after participation in the relevant activity.

    Outstanding points may appear as a pending balance in members accounts and will become available for members to redeem once the transaction has been validated.

    WDYT Reward Points can be accumulated and redeemed for vouchers, prizes and other benefits as notified from time to time on the site.

    WDYT Reward Points have no value outside of the WDYT Reward Program. WDYT Reward Points can not be transferred to other members.

  6. Conditions of Membership

    WDYT Members must agree to accept Email Messages from WDYT.

    WDYT reserves the right to send you email messages from time to time for which you may not be rewarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail. WDYT is under no obligation to provide you with any particular number of opportunities to earn Reward Points or to send messages to you.

    As a condition of your membership you represent and warrant that:

    1. You are at least 16 years of age;
    2. You are a permanent resident of Australia;
    3. All information supplied by you is complete, true and accurate.
    4. You understand and agree that if your account is terminated for your breach of this agreement, any accrued WDYT Reward Points and outstanding or undelivered rewards will be forfeited and you will lose the right to participate in the program, including any current offers or rewards. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of WDYT.
    5. You understand and agree that in addition to these TOS, each draw will be governed by the official terms of that draw as notified on the Site.
    6. You agree that no interest shall accrue and that WDYT Reward Points have no monetary value. In the event that you participate in a transaction with a reward partner that would make you eligible to collect Reward Points, WDYT will make reasonable efforts to have the points credited to your account. You acknowledge that in order for us to award points that your browser must accept cookies. You acknowledge that certain firewall or filtering software may cause points to not be credited to your account.
    7. You understand and agree that WDYT will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued WDYT rewards or prizes.
    8. You must not maintain more than one account on the Site and understand that a limit of 3 memberships applies to one postal address. If more than 1 account is registered at an address. The account holders at this address may be asked by the Site to prove their identity and address details. Accounts can be suspended until such identification is received and verified by the Site.
    9. You must inform WDYT of any change in your personal details, including email address and street address. Contact details and preferences must be updated using the facility provided once you have logged in to the site. Rewards and prizes will be made in favour of you and will be delivered to the address specified in your account profile. Prizes are not transferable to any other person.
    10. You will not send unsolicited email (SPAM) to strangers to promote the WDYT Service.
    11. You will not post material that contains or encourages indecent, defamatory, menacing, offensive or unlawful acts, or otherwise bring the WDYT site into disrepute.
    12. You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify WDYT.
    13. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting WDYT Reward Points or with any other activity on the site.

    WDYT may reject any new member application from any person with or without cause at its sole discretion. WDYT reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TOS.

    Employees of Asia Pacific Digital and their immediate families are ineligible to participate in the WDYT program.

  7. Third Party Promotions

    A part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). These Third Party Promotions include:

    • Promotional Emails
    • Onsite banner advertising

    All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by WDYT or its affiliates, directors or employees.

    Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that WDYT will not be held responsible or liable for any part of any such dealings or promotions.

  8. Linked Sites

    WDYT may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by WDYT in any way. WDYT is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply WDYT's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall WDYT be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. WDYT reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.

  9. Privacy Policy

    The information collected and used by this Site is governed by the WDYT Privacy Policy.

  10. Disclaimer of Warranties

    To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, WDYT excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, WDYT's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.

  11. Limitation of Liability

    To the extent permitted by law, WDYT, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WDYT has been advised of the possibility of such damages), resulting from:

    • the use or the inability to use the service;
    • the use of, or reliance on any information published on the site;
    • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    • unauthorised access to or alteration of your transmissions or data;
    • statements or conduct of any third party on the service; or
    • any other matter relating to the service.

    WDYT shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.

  12. Indemnification

    You indemnify WDYT, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.

  13. Termination

    You may terminate your membership with WDYT at any time by using the facility provided on the Site. If you terminate your membership you will forfeit your WDYT Reward Points and any outstanding or undelivered rewards due.

    If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not be eligible to collect WDYT Reward Points until we have re-validated your email address. Other than a notification on the Site WDYT will not be responsible for notifying you that your account has been suspended.

    WDYT reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:

    • Your account has been suspended for more than 30 days
    • Failing to log in to the site for a period of more than 3 months
    • Your breach of this TOS
    • Any conduct by you that we believe is detrimental to the business interests or reputation of WDYT
    • Any action taken by you that harms or potentially harms WDYT or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.

    If WDYT terminates your membership you will forfeit your WDYT Reward Points and any outstanding or undelivered rewards due. Once your membership has been terminated by us you will be ineligible to re-enrol at any future date.

  14. Intellectual Property

    WhatDoYouThink.com.au, WDYT and WDYT.com.au are trademarks of APD PERFORMANCE LTD A.B.N. 36 096 918 080. All contents of the service are Copyright © 2011 APD PERFORMANCE PTY LTD A.B.N. 36 096 918 080. The Service is operated by APD Performance Pty Ltd A.B.N. 36 096 918 080. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by WDYT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

  15. Applicable Law

    These terms of service are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.