Indemnity

You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions, or your breach of these terms of use or any other terms and conditions you agree to prior to using our services but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.

Limitation of liability

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the website.

You acknowledge and agree that our website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor 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 us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to use the content on the website provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the website content.

Disclaimer of Warranties

You expressly understand and agree that:

• Your use of the website is at your sole risk. The service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement.

• We make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (iv) any errors in the website will be corrected.

• No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in this terms of use.

Trademarks

The Surveyz logo, trademarks and service marks and other Surveyz logos and product and service names (the “Surveyz Marks”) are trademarks of Data Analytics Holdings Pty Ltd ACN 611 631 826. You must not display or use in any manner the Surveyz Marks or the Marks of any other third parties that are displayed, without our prior written consent.

Third party websites

Our website may contain links to other websites not owned, operated or controlled by us and we do not own, operate, control, endorse or approve any such third party websites or their content, we do not provide any warranty or take any responsibility for the websites or their content.

Jurisdiction

These terms of use shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and Surveyz agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales.