http://socialsoup.com/ and all associated pages, websites and sub-domains (“Site”) and the services we offer on the Site (“Service”) are operated and supplied by The Little Corporation Pty Limited (ABN 77 123 825 669) trading as Social Soup (“SOCIAL SOUP”).
2. Acceptance of Terms, Membership and Privacy
Membership of the Service is conditional upon acceptance and compliance with these terms and conditions (“TOS”). The TOS must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on the Site governing use of the Site.
You should check the TOS periodically for changes, as we reserve the right to modify them at any time. Amendments will become effective immediately upon notification on the Site. The date of the current version of the TOS is noted above. Your use of the Site following any modifications to the TOS will represent an agreement by you to be bound by the TOS as amended.
SOCIAL SOUP reserves the right to modify the Site and withdraw the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Social Soup will not be liable to any person if for any reason the Site is unavailable at any time or for any period.
SOCIAL SOUP uses a “double opt-in system” that requires you to respond to a registration email before your account is activated. If you do not activate your account and complete the short survey your membership will not take effect.
You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of the TOS and that they comply with them accordingly.
3. Description of Service
The Service (or the SOCIAL SOUP member program) is operated as a survey panel and permission marketing database for individuals (“Members”) who have opinions and want to share them.
4. Conditions of Membership
Members must agree to accept survey invitations by email. In addition, Members may elect to receive email offers for exclusive access to gifts and giving their opinion in relation to goods and services offered by third parties. Rewards and prizes will be in favour of the relevant Member and will be delivered to the address specified in their account profile. Prizes are not transferable to any other person.
SOCIAL SOUP also reserves the right to communicate with Members from time to time for other reasons and for no reward, including system updates; bulletins; administrative announcements; and special requests. Such notices may be sent via email, SMS, or regular mail.
As a condition of membership Members hereby represent and warrant that:
- They are at least 13 years of age, and if they are under 18 years of age, a parent or guardian has accepted the TOS on their behalf;
- They are a permanent resident of Australia;
- All information supplied is complete, true and accurate and not misleading;
- They understand and agree that if their account is terminated due to a breach of the TOS, they will lose the right to participate in the Service. Interpretation of what constitutes a breach of the TOS shall be at the sole discretion of SOCIAL SOUP acting reasonably;
- They understand and agree that where SOCIAL SOUP has a draw for prizes, each draw will be governed by the official terms of that draw as notified on the Site;
- They must not maintain more than one account on the Site and understand that a limit of 3 Memberships apply to one postal address;
- They must inform SOCIAL SOUP of any change in their contact details, including email address and street address. Contact details and preferences must be updated using the facility provided on the Site.
- They will not send unsolicited email (SPAM) to promote the Service;
- They will not post material that contains indecent, defamatory, menacing, offensive or unlawful content, or otherwise brings the SOCIAL SOUP, the Site or the Service into disrepute;
- They will keep their account username and password details secure and will not allow other people to access their account. In the event that they suspect a security breach they will immediately notify SOCIAL SOUP; and
- They will have a cracking time being a Member of SOCIAL SOUP!
SOCIAL SOUP reserves the right to reject any new Member application from any person with or without cause in its sole discretion. SOCIAL SOUP reserves the right to terminate a Member’s account if the Member provides false or misleading membership information at any time or otherwise is considered to be a breach of the TOS at any time.
5. Social Soup Clients
As part of the Site and the Service, Members may be presented with promotions, gifts, and testing ads from our clients (“Third Party Promotions”). All Third Party Promotions are paid for or authorised by the advertiser and do not represent an endorsement or recommendation by SOCIAL SOUP or its affiliates, or their 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 the relevant Member and the advertiser or other third party. Members hereby agree that SOCIAL SOUP will not be held responsible or liable for any part of any such dealings.
6. Linked Sites
SOCIAL SOUP may provide links to third parties’ websites (“Linked Sites”). Those links are provided for convenience only and may not remain current or be maintained. Unless otherwise notified on the Site, Linked Sites are not reviewed, controlled or examined by SOCIAL SOUP in any way. SOCIAL SOUP is not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Sites, or any links on the Linked Sites.
Except as otherwise explicitly stated on the Site, SOCIAL SOUP’s link with Linked Sites does not imply SOCIAL SOUP’s endorsement of, or association with, the Linked Sites. It is the Member’s sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites.
In no event shall SOCIAL SOUP 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 the Linked Sites. Members should direct any concerns to the relevant Linked Site’s administrator or Webmaster. SOCIAL SOUP reserves the exclusive right, in 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.
You will of course appreciate that SOCIAL SOUP cannot accept responsibility for a number of matters relating to this Site and the Service because – like the conduct of other Members – they are outside of SOCIAL SOUP’s reasonable control.
All information provided by SOCIAL SOUP on the Site is provided in good faith. You accept that any information provided by SOCIAL SOUP is general information and is not in the nature of advice. SOCIAL SOUP derives its information from sources which SOCIAL SOUP believes to be accurate and up to date as at the date of publication and SOCIAL SOUP reserves the right to update this information at any time.
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use throughout the Site, the products and services advertised on the Site, offered to be supplied or supplied via the Site and the information provided on the Site are excluded. In particular, to the extent permitted by law, SOCIAL SOUP excludes any warranty that the Site will be uninterrupted or error-free; that defects will be corrected; that the Site, 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 Site, will be correct, accurate, timely or otherwise reliable.
If a term is implied by law into the TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the TOS. However, where it is reasonable for SOCIAL SOUP to do so, SOCIAL SOUP’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.
8. Limitation of Liability
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, SOCIAL SOUP hereby expressly excludes for its own benefit and for the benefit of its clients:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with the Site or the Service, or in connection with the use, inability to use, or results of the use of the Site or the Service, any Linked Websites and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to Member’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect SOCIAL SOUP’s or any client’s liability for death or personal injury arising from its or their negligence, or liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
SOCIAL SOUP 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.
Members hereby agree to indemnify SOCIAL SOUP, its related bodies corporate and clients, their officers and employees, 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; their use of the Service or by someone using the Member’s username and password (whether or not authorised by the Member); their inability to use the Site; or a breach of the TOS either by the Member or by any person using the Member’s username and password (whether or not authorised by the Member).
Members may terminate their membership with SOCIAL SOUP at any time by using the facility provided on the Site. If a Member’s email address becomes invalid or unusable SOCIAL SOUP will suspend that Member’s account for a period of 30 days from the time we become aware of the problem. During the period of suspension, the Member will be able to access their account to update the Member’s email address. Other than a notification on the Site, SOCIAL SOUP will not be responsible for notifying Members that their account has been suspended.
SOCIAL SOUP reserves the right to terminate a Membership without notice or cause, at its sole discretion or for any reason, including if:
- Member’s account has been suspended for more than 30 days;
- Member has failed to log in to the Site for a period of more than 6 continuous months;
- Member has breached the TOS;
- SOCIAL SOUP believes that any conduct by a Member is deemed to be detrimental to the business interests or reputation of SOUP; or
- any action has been taken by a Member that harms or potentially harms SOCIAL SOUP or its relationships with its Members, suppliers, affiliates, clients, partners and/or providers of Third Party Promotions.
If SOCIAL SOUP terminates a Member’s membership, that Member’s access to the Site and the Service will also cease. Once a Member’s membership has been terminated by SOCIAL SOUP, that former Member will be ineligible to re-enrol at any future date.
11. Viruses, Hacking and Other Offences
Members must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Members must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. Members must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. If a Member engages in such conduct, their right to use the Site will cease immediately.
Members will report any such conduct to the relevant law enforcement authorities and Members hereby agree to co-operate with those authorities by disclosing their identity to them and providing all reasonable assistance in relation to the inquiries of such authorities.
SOCIAL SOUP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Member’s computer equipment, computer programs, data or other proprietary material due to use of the Site or to a Member downloading of any material posted on it, or on any website linked to the Site.
12. Trade Marks
Generally, any word or device to which is attached the TM or ® symbol is a trade mark, which are owned either by us or a third party, including a client. For example, the name “SOCIAL SOUP” and socialsoup.com are trademarks of SOCIAL SOUP.
If you use any of SOCIAL SOUP’s trade marks in reference to SOCIAL SOUP’S activities, products or services, you must include a statement attributing that trade mark to SOCIAL SOUP. You must not use any of SOCIAL SOUP’S trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not SOCIAL SOUP’s;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages SOCIAL SOUP or our information, products or services (including this Site).
You must seek permission to use third party trade mark directly from the owner of those trade marks.
13. Intellectual Property
Members acknowledge and agree that the Service and the Site contain or incorporate proprietary and confidential information that is protected by applicable intellectual property and other laws. Members may make a copy of the content for their own personal, non-commercial use only, provided that they keep all copyright and other proprietary notices intact. However, Members must, on notice by SOCIAL SOUP, return or destroy any such copies made.
Members must not post or transmit any material on the Site or Service in which the copyright is owned by another person or entity without appropriate permission from that person or entity. Otherwise, Members therefore warrant that all material submitted to the Site or as part of the Service is that Member’s original work.
Members acknowledge that any information or material submitted by them to the Site or as part of the Service, including any discussion forum or on any third party website linked to their account, is and will be treated by SOCIAL SOUP as non-confidential and non-proprietary and SOCIAL SOUP may use such material without restriction (including passing that material on to our clients for their use without restriction, including publishing on their own sites and in other media) or payment.
When a Member posts or transmits material on the Site or the Service, that Member assigns all copyright which subsists in such material to SOCIAL SOUP, which SOCIAL SOUP may then assign to a third party, including a client. To the extent necessary, Members consent to any acts by SOCIAL SOUP or SOCIAL SOUP’s licensees or assignees that may infringe that Member’s moral rights in the material that the Member creates (for example, SOCIAL SOUP may not always be able to identify the Member as the author of the material that they create and submit to the Site).
Members further acknowledge and agree that content contained in sponsorship, advertisements or information presented to Members through the Service or by advertisers may be protected by copyright, trade mark, patent or other proprietary rights and laws. Except as expressly authorised by SOCIAL SOUP, Members agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Site, in whole or in part.
14. Governing law
The TOS are governed by the laws in force in New South Wales, Australia.
You accept that any disputes about the Service, the Site or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).
This Site may be accessed throughout Australia and overseas. SOCIAL SOUP makes no representation that the content of this Site, or the Service, complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
SOUP accepts no liability for any failure to comply with these TOS where such failure is due to circumstances beyond SOUP’s reasonable control.
You must do all things, including sign such documents, as may be required to assure SOUP’s rights, and those rights of any third party beneficiary, under these TOS.
If SOUP waives any rights available to us under these TOS on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these TOS are held to be invalid, unenforceable or illegal for any reason, the remaining provisions of the TOS will nevertheless continue in full force.
16. Member Concerns
If Members have any concerns about material which appear on the Site, please send an email to email@example.com.
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