Ola Survey Terms and Conditions

You agree that you have read and understood, and you are consenting to be bound by these terms and conditions of survey and you acknowledge that these terms and conditions may be subject to change without prior notice (unless prior notice is required by law). 

You are wholly responsible for your participation at your own risk. If you do not agree with any of these terms, you must immediately stop accessing or using this website and stop proceeding to complete this survey. Your acceptance of these terms and conditions will operate as a binding contract between you and OLA in respect of this survey and participation in any of our additional activities including our feedback sessions to which this survey relates.

 

  • Consents and warranties

 

    1. You acknowledge and agree that:
      1. you have full capacity to execute, deliver and perform your obligations under these terms;
      2. these terms are legally binding on and enforceable against you;
      3. you will comply with all laws in performance of its obligations in these terms;
      4. your participation in this survey and subsequent activities undertaken with OLA as a result of this survey does not in any way breach any other contractual or legal obligations to anyone else.
    1. Where personal information is collected:
      1. you consent to OLA undertaking the following activities in accordance with our Privacy Policy [link]:
        1. collecting personal information about you;
        2. communicating with you by way of text messages (SMS), electronic mails, post, phone, in person or any other means of communications with respect to the results of this survey and your further participation in additional surveys, feedback sessions, focus groups and other activities whether in person at an OLA office or by telephone or video conferences or online sessions or otherwise;
        3. using or disclosing personal information for research and development or to improve goods and services, for example in connection with safety and security and preventing fraud;
        4. using and disclosing personal information to supply, advertise and promote goods and services which may be of interest to you including through text messages (SMS), electronic mails, post, phone, in person or any other means of communications and also targeted and online marketing and advertising, and to third parties including marketing, promotions and advertising providers for such purpose unless you opt-out; and
        5. disclosing personal information to third parties to develop insights about you or to personalise your offerings or experience in using our services.
      2. You acknowledge and agree that some recipients of the personal information may be located overseas, and you hereby consent to such disclosure.
      3. You warrant that:
        1. the consent of any other individual whose personal information may be disclosed by you has been obtained or that you are otherwise justified in law to disclose such information;
        2. you will undertake to immediately inform OLA of:
          • any changes to personal information provided by you in order to keep the data accurate;
          • any changes, including withdrawal of consent previously given, to personal information of any other individual disclosed by you; and
          • any other changes that may result in OLA no longer being entitled to lawfully use, hold, process or disclose personal information provided by you.
    2. You agree to hold OLA and/or any and all of its directors, officers, employees, contractors, representatives and agents harmless and indemnified against any and all loss, damage, costs (including legal costs on a full indemnity basis), charges, penalties, fines, interest, expenses which may be incurred and/or sustained by OLA and/or one or more of the aforesaid persons as a result of you breaching the warranties set out in these terms or failing to comply with your obligations in respect of any applicable privacy laws. 
    3. You further agree to indemnify OLA and/or any and all of its directors, officers, employees, contractors, representatives and agents from, and to hold each indemnified person harmless against, any loss, damage, liability, claim, cost or expense (including legal costs on a full indemnity basis) reasonably and properly suffered or incurred by any of the indemnified persons, including penalties or fines imposed by any regulatory authority and any damages and costs paid or payable (including solicitor client legal costs) as a result of you or any person for whom you are responsible committing a negligent or wrongful act or omission.
    4. The indemnities under paragraphs 1.3 and 1.4 are continuing obligations, each independent from the other obligations of the parties under these terms.

 

 

  • Payments

 

    1. In the event that Ola offers payment for participation, you acknowledge and agree that:
      1. you are only entitled to payment if you complete all relevant or required questions in the survey or, if applicable, attend in full the focus group or discussion which you agree to attend, as the case may be.
      2. payment will be made in accordance with Ola’s standard terms and conditions of payment, that is:
        1. by way of cash, deposit or any other form of payment as may be decided by Ola; and
        2. within 30 days of the date of your participation of the survey, focus group or discussion, as the case may be.  

 

 

  • Disclaimers

 

    1. OLA is not liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this website is unavailable to you (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
    2. OLA is not liable to you in respect of any loss or damage (including consequential loss or inconsequential loss) which may be suffered or incurred or which may arise directly or indirectly because of this survey or any other additional activities or services supplied by OLA, your participation thereof or your completion or failure to complete this survey or any activities or services thereof.
    3. By responding to this survey and, where applicable, providing your personal information, you are consenting to your personal information being collected, used, stored and managed in accordance with Survey Monkey’s Privacy Policy. We encourage you to review this policy and the links within this policy. You acknowledge that Survey Monkey is not subject to the Australian Privacy Principles and that you will not be able to seek redress under Australian legislation but may need to seek redress under the laws of the United States.
    4. All express or implied warranties, representations, guarantees, statements, terms and conditions relating to these terms are excluded to the maximum extent allowed by law except for express statements in these terms. Without limiting the above, you acknowledge that OLA make no representations as to the quality, fitness for purpose, usefulness, reliability, timeliness, accuracy or profitability of any deliverable or service and that you have not been induced to enter into these terms by any warranty or representation. Nothing in these terms exclude, restrict or modify any right or remedy, guarantee, warranty or other term or condition, which may at any time be implied or imposed by any applicable law which cannot be lawfully excluded (being a Non-Excludable Provision).
    5. If any Non-Excludable Provision cannot be excluded (and OLA is able to limit your remedy for a breach of the Non-Excludable Provision), then OLA’s liability for breach of the Non-Excludable Provision is limited to one or more of the following, as we determine:
      1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
      2. in the case of services, the supplying of the services again or the supply of equivalent services, or the payment of the costs of having the services supplied again.
    1. You agree that:
      1. OLA is not liable for any damages resulting from loss or corruption of data, loss of revenue, loss of business, loss of use, opportunity, loss of profits, goodwill, bargain, failure to make savings, and business interruption, whether arising directly or not, as a result of your participation in this survey and any other additional activities you may be participating or involved in; and
      2. neither party is liable for any indirect, consequential, special, punitive, or incidental loss or damage of any nature even if that loss or damage may reasonably be supposed to have been in the contemplation of the parties at the time of entry into these terms as the probable result of that breach where the loss or damage may fairly and reasonably be considered as arising naturally (according to the usual course of things) from the breach or whether those damages are claimed in contract, tort or under any applicable law.
      3. OLA is not liable to any third party in relation to any use made by you or them of anything that OLA provides to you or reliance by anyone other than you upon anything that OLA provides to you. You agree to indemnify OLA from and against any claim by any third party in relation to any such use or reliance.

 

 

  • Intellectual Property Rights

 

    1. You agree that all intellectual property rights, whether registered or unregistered, including without limitation rights in relation to inventions (including patents), know how, trademarks, business names, domain names, designs, circuit layouts, trade secrets and other confidential information and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields (IPRs) in:
      1. materials, reports, communications, images, graphics provided or shown by OLA to you as a participant in this survey or any additional activities organised by OLA;
      2. any software products, whether available through an online service or others, including (but not limited to) any upgrades, configurations, modifications, customisations, programming, documentation, specifications, or any content contained in the software products or reports available from the use of the software products provided by us to you as a participant in this survey or any additional activities organised by OLA;
      3. OLA’s Confidential Information (as defined in paragraph 7 below), 

remain at all times OLA’s property or the property of members of OLA’s corporate group or suppliers (as appropriate). OLA does not assign or licence our or their IPRs. Your right to use our or their IPRs is limited only to your participation in this survey and any additional activities organised by OLA.

    1. You will not, and we will not, alter, obscure, remove, interfere with or add to any logos, trademarks, trade names, markings or notices used on or contained in any materials, deliverables and/or software products at any time.

 

 

  • Confidentiality and Publicity

 

    1. Confidential Information is information that OLA (including our employees, directors, officers, contractors, representatives or agents) discloses whether formally or informally to you in connection with this survey or any other additional activities organised by OLA. Confidential Information includes (but is not limited to) information which is expressly stated to be confidential information but excludes information which is known to the public or otherwise becomes part of the public domain (other than due to breach of an obligation of confidence owed under these terms). 
    2. in addition, Confidential Information includes materials displayed, provided, used or reviewed by you in this survey, in any of our activities, feedback sessions and software products (including reports), any data and other information made available by OLA relating to OLA’s trade secrets, ideas, concepts, know how, knowledge technology, business, financial dealings, assets, liabilities, transactions, finances, strategy, methods, methodologies, processes, workings, products, services, customers or other affairs of any or OLA’s members or related body corporates; 
    3. You agree that OLA’s Confidential Information is valuable to OLA and agrees to keep OLA’s Confidential Information confidential, secret, and protected and to only use OLA’s Confidential Information to the extent allowed by these terms.
    4. Except to the extent that these terms allow, you must not disclose Confidential Information to any person, except: 
      1. with OLA’s prior written consent; or
      2. if you are required to disclose by mandatory operation of law, by a regulator, government, administrative authority, stock exchange or in connection with legal proceedings relating to these terms, provided that where practical, you must notify OLA of such requirement prior to disclosure and it is limited to what is necessary.
    5. You must:
      1. comply with the reasonable directions of OLA in relation to Confidential Information; and 
      2. immediately notify OLA if you suspect or become aware of any unauthorised copying, use or disclosure of OLA’s Confidential Information.
    6. At OLA’s request, you must promptly either:
      1. deliver to OLA in the form OLA reasonably requests; or,
      2. destroy, and certify the destruction of, 

materials where and to the extent that the materials contain OLA’s IPRs and Confidential Information and the materials are either in your possession, power or control or the possession, power or control of persons who have received materials directly or indirectly from you. 

    1. You agree that the remedies available to OLA include equitable remedies (including an injunction) and may be ordered in OLA’s favour regardless of whether OLA’s Confidential Information has been combined with any other information.
    1. You agree that you will not publicise or release any information in connection with these terms, your participation in this survey or any additional activities undertaken with OLA, our service, deliverables or software products, or refer to OLA in any offering, promotion, advertising, web site, presentation, media release or statement, publication or communication of similar nature, except with OLA’s prior written consent.

 

 

  • Miscellaneous

 

    1. OLA may amend these terms at any time and in its sole discretion without any notice to you.
    2. You may not assign or transfer any rights, interests or obligations under these terms to any third party without the prior written consent of OLA.  OLA may assign its rights and interests under these terms to any person whosoever. 
    3. Any delay in or failure to perform any obligations by either party under these terms will not constitute a breach of these terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that party (Force Majeure).  A party affected by a Force Majeure must: (a) notify the other party within 7 days after it becomes aware of the Force Majeure; and (b) use all reasonable efforts to avoid or minimise the effects of such Force Majeure and commence performance of its obligations as soon as such Force Majeure ceases.  If a Force Majeure continues for a continuous period of more than 7 seven days, either party may terminate these terms by notifying the other party.
    4. Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy.  No failure or delay on the part of either party exercising any right, power or privilege under these terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.
    5. Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
    6. Subject to any express provision in these terms to the contrary, the rights, powers or remedies of a party under these terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these terms or otherwise provided at law or in equity.
    7. Except as provided in these terms, OLA may give, attach conditions to or withhold any consent or approval under this Agreement at its sole and absolute discretion. OLA is not obliged to give reasons for giving or withholding its consent or approval or for giving its consent or approval subject to conditions.