Terms and Conditions
In these terms and conditions, visitors to this web site are referred to as "You" "Your" and "Yourself".
Kynetec, in conjunction with Back Paddock, aims to provide You, through its web site, http://www.growingopinionsau.com (the "Web Site"), the opportunity to participate in various surveys that Kynetec and its clients wish to carry out from time to time (the "Surveys"). By using this Web Site and participating in the Surveys (together, the "Services") You will be bound by Kynetec’s Privacy Policy and these terms and conditions (together, the "Contract").
You must read carefully and understand the Contract before using the Services.
REQUIREMENTS OF MEMBERSHIP:
To be a member of the Growing Opinions panel, you must be a practising agronomist walking fields in Australia.
You are only allowed to register to the Growing Opinions panel once.
You must read carefully and understand the Contract before using the Services.
You may only use the Services if You agree to the Contract. By using the Services You are deemed to accept the Contract in full. If You do not agree to them You must not use the Services.
1. Accurate Information
1.1 You agree to provide true, accurate, current and complete information about Yourself when You use the Services.
1.2 If any information provided by You is untrue, inaccurate, obsolete or incomplete, Kynetec has the right to stop allowing You to use the Services.
1.3 You agree that You are solely responsible for evaluating the accuracy and completeness of any content appearing on the Web Site. Kynetec does not make any representations or warranties in relation to the content appearing on the Web Site.
2. Service
2.1 You are solely responsible for deciding whether or not You wish to use the Services.
2.2 Access to the Web Site may be suspended temporarily or permanently without notice, in Kynetec’s entire discretion.
2.3 Kynetec may amend these Terms at any time by posting changes online. As a Member it is Your responsibility to review these Terms regularly to ensure you are aware of any changes made by Kynetec. Your continued contribution to the Panel after changes are posted means You have agreed to be bound by these Terms as updated and/or amended.
3. Reward Points
3.1 Reward Points are not transferable:
1. …upon death
2. …by gift
3. …as part of a domestic relations matter
3.2 You can earn Reward Points each time You respond to an invitation to participate in a survey.
i. The amount of Reward Points that can be earned will be stipulated in each invitation
ii. You acknowledge that You may not be eligible to receive invitations to certain surveys
3.3 Reward Points can be redeemed once You have accrued the minimum amount of Reward Points required to make a redemption (“threshold level”). Reward Points are redeemed via the Growing Opinions website for rewards outlined in the Rewards section.
4. Copyright
4.1 You acknowledge and agree that the content of the Web Site, including but not limited to text, software, music, sound, photographs, graphics, video, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
4.2 You acknowledge and agree that You may not store, copy, reproduce, transmit, distribute, modify, publish, broadcast or create derivative works of such content or information except as is necessary for the normal use of the Services.
5. Your Use of the Services
5.1 You agree not to use the Services for any purpose that is unlawful or prohibited by the Contract.
5.2 The Web Site may contain photos and hyperlinks to third party web sites ("Third Party Material"). Access to Third Party Material is subject to the approval of the relevant third party. Kynetec does not control Third Party Material and is not responsible for its content. Kynetec’s inclusion of Third Party Material does not imply any endorsement of the Third Party Material or any association with its operators.
5.3 Kynetec reserves the right for any reason to remove without notice any Third Party Material or other contents on the Web Site. Kynetec reserves the right to deny in its sole discretion any user access to this Web Site or any portion thereof without notice.
5.4 You agree to not to use the Services to do any of the following:
(a) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(b) Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
(c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents.
(d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(e) Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
(f) Falsify the origin or source of software or other material contained in a file that is uploaded.
(g) Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
(h) Download any file posted by another user of a Forum that You know, or reasonably should know, cannot be legally distributed in such manner.
(i) Where You are invited to submit any contribution to the Website (including any text, photographs, graphics, video or audio) You agree by submitting your contribution to grant to Kynetec a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to Your contribution worldwide and/or to incorporate Your contribution in other works in any media now known or later developed for the full term of any rights that may exist in Your contribution, and in accordance with privacy restrictions set out in Kynetec’s Privacy Policy. If You do not want to grant to Kynetec the rights set out above, please do not submit Your contribution to the Website.
6. Dealings with Third Parties
6.1 Kynetec is not an agent of any third party or any party named or linked to the Services ("Other Party") and does not have authority to act for any Other Parties. You agree that Kynetec (to the maximum extent permitted by applicable law) shall have no liability to you in relation to any dispute which you may have with an Other Party.
6.2 Kynetec does not control any information provided by Other Parties which is made available through the Services.
6.3 Your correspondence, transactions or other dealings with Other Parties available through the Services, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Other Parties.
6.4 Any information you disseminate through the Services, including but not limited to e-mails sent through the Web Site and responses to surveys is done so at your own risk.
6.5 Kynetec does not monitor what Other Parties tell you through the Services.
6.6 Kynetec does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources.
6.7 You agree not to hold Kynetec liable for any loss or damage of any sort incurred as a result of: the presence, availability or non-availability of the Other Parties on or through the Services; any dealings with such parties, including but not limited to attendance at events advertised; or purchase or use of goods or services offered on or through the Services.
7. Termination
7.1 Without prejudice to any remedy that Kynetec may have against You, Kynetec may terminate or suspend (without liability to You) with immediate effect and without notice Your access to, and use of the Services if Kynetec:
(a) Reasonably believes that You have breached any term of the Contract;
(b) Is unable to verify or determine the accuracy or validity of any information provided by You;
(c) Suspects fraudulent, abusive or illegal activity.
7.2 Should You object to any of the terms of the Contract, or any subsequent changes to the Contract, or become dissatisfied with the Services in any way, Your only recourse is to immediately discontinue using the Services.
8. Limitation of Liability
8.1 Kynetec accepts unlimited liability in respect of its fraud, or death or personal injury caused by its negligence.
8.2 Subject to section 8.1 You agree that Kynetec shall not be liable to You for any unforeseeable losses or loss of profit, revenue or business or contracts however these may arise.
8.3 Subject to sections 8.1 and 8.2 above. Kynetec shall limit its aggregate liability to You under this Agreement to a maximum sum of $1,000
9. Indemnity
9.1 You will be responsible for any losses, expenses or other costs incurred by Kynetec which are caused by an untrue statement made deliberately by You.
9.2 In the event that Kynetec is entitled to be indemnified by You pursuant to Clause 9.1 above You agree that it may contact You through the information provided to Kynetec by You.
10. General
10.1 Kynetec reserves the right to amend and alter the Contract, such amendments will be posted on the Web Site and will come into force immediately. You may not alter either the Contract. If You do not agree to any amendments, You must stop using the Services.
10.2 If Kynetec fails to exercise or enforce a right under the Contract, that failure shall not constitute a waiver of such right or provision. If any provision of the Contract is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of the Contract shall not be affected.
10.3 The Contract shall be governed by and construed in accordance with the laws of England and Wales and both parties submit to the exclusive jurisdiction of the courts of England and Wales.
10.4 Neither party shall be liable for any breach of the Contract due to any cause beyond its reasonable control.
Place of registration: England and Wales
Company number: 04229246
Registered office: Kyntec UK Limited, Weston Court, Weston, Newbury, Berkshire, RG20 8JE, UK
Place of registration: Australia
Company number: 609 548 334
Registered office: Kynetec Australia PTY Ltd, Level 10, 10 Spring Street, Sydney NSW 2000
Last Updated: July 2017