Terms and conditions
Applicability and Agreement
These Terms and Conditions (these “Terms”) govern and apply to your use of the New Zealand (NZ) Post Business Community (Panel) administrated by One Picture and survey-related services, including, without limitation, (1) membership of a NZ Post Business Community or subpanels (2) use of and/or access to any Panel website (“Website”) (3) participation in any survey or study offered, provided, hosted, or administered by or through the NZ Post Business Community, and (4) your eligibility for, and/or redemption of, rewards, incentives, and prizes offered for certain actions and activities, including, without limitation, successfully completing surveys (collectively, the “Services”).
All references in these Terms to “us” or “we” refer to One Picture.
By accessing, using, and/or participating in the Services you hereby expressly agree to comply with, and be bound by, these Terms. One Picture reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
Panel membership is generally open to individuals who satisfy the requirements for membership, including, without limitation, the minimum age requirement of 18 years of age (note that we do have some exceptions where appropriate for client and category). We only allow one member per unique email address. One Picture may refuse to provide the Services to anyone, at any time and for any reason or no reason.
Use of the Services
The Services are for personal, non-commercial use. You may use the Services only when and as available. One Picture reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or no reason.
One Picture provides Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. You may unsubscribe from Panel membership at any time, see "Opt Out Policy" below.
Panel Registration and Passwords
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members are required to truthfully provide all information. One Picture reserves the right to restrict or prohibit your use of, access to, and/or participation in the Services if you provide, or One Picture reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.
One Picture will either: issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Panel membership is specific to the individual who registers for membership with the Panel. You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
You agree not to: use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw, or contest; (ii) take any action to interfere with any Website or an individual’s use of any Website, including, without limitation, by overloading, “flooding”, or “crashing” any Website; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, without limitation, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, without limitation, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on, or located within any Website or to the Services, without the prior express written permission of One Picture; :cross_mark: post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes, and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, without limitation, any One Picture, vendor or subcontractor employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that One Picture will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to One Picture and/or the clients, partners and/or licensors of One Picture surveys and services. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of One Picture. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to One Picture, One Picture reserves the right to terminate, prohibit or restrict your use of, access to, and/or participation in the Services.
You are solely liable and responsible for all content, materials, information, and comments you use, upload, post or submit in connection with the Services (“User Content”). You are solely responsible for all third party approvals, consents, and/or authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, without limitation, One Picture’s clients, clients of One Picture’s clients, and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any User Content.
By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to One Picture a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for the User Content. One Picture does not and cannot review all User Content and One Picture is not responsible for the User Content. One Picture reserves the right to delete, move, or edit User Content, that is, in One Picture’s sole discretion, deemed to: violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
In connection with your use of the Services, you may have the opportunity to earn rewards, incentives, and entries into prize draws or sweepstakes. Information, official rules, and terms and conditions for rewards, incentives, and prize draws or sweepstakes may be available on the Panel Website, at the beginning or end of a survey, in survey invitations, on the website(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by One Picture. Rewards, incentives, and prizes are non-transferrable.
Panel members agree to promptly notify One Picture member services team of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by: :info: accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
In connection with your use of the Services, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). One Picture does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). One Picture does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.
Panel and Survey-Related Communications with One Picture
All panel and survey-related communications (excluding personal information) and User Content submitted or transmitted by You to One Picture by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by One Picture for any legal reason.
The services, including all information, surveys, content, material, commentary and services made available on, or through, the services, are provided “as is”. One Picture does not make any representations or warranties of any kind whatsoever in connection with any information, content, material, commentary, surveys, products, or services made available on, or through, the services, including, without limitation, any user content. Further, One Picture hereby disclaims any and all warranties, whether express or implied, including, without limitation, the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. One Picture does not warrant that the tools, technology, or functions contained in the services or any content, material, commentary, information and/or services contained therein, will be uninterrupted or error free, that defects will be corrected, that the systems or the server(s) that support the services and make the services available will be corrected, or that the services and/or the systems and/or the server(s) that support the services are free of viruses or other harmful components. One Picture does not provide access or connection to the internet and is not and shall not be responsible or liable for the actions or omissions of third parties that interfere with, limit, restrict, or prevent access or connection to, or use of, the services.
One Picture hereby reserves the right, in One Picture’s sole discretion, to make changes to these Terms. One Picture encourages you to review these Terms on an ongoing basis. One Picture will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
You agree to indemnify, defend, and hold harmless One Picture and its parent, affiliated, subsidiary companies, vendors and subcontractors and its and their respective members, managers, shareholders, directors, officers, employees, and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused by, whether directly or indirectly: your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
Limitations of Liability
Except to the extent prohibited by applicable laws, you acknowledge and agree that in no event will One Picture be liable, or otherwise responsible, to you for any indirect, incidental, special, consequential and/or punitive damages, for any reason(s) or for any cause(s), regardless of whether One Picture is informed of the possibility the such damages may exist. Any claim or cause of action arising out of or related to use of the services and/or these terms must be filed within one (1) year after such claim or cause of action arose.
Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international and national and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Services. Suspension, Termination and De-Activation of Panel Membership Accounts Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or no reason, and without liability for the termination.
In addition to any and all other available remedies, One Picture may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of these Terms. If One Picture terminates your membership due to your breach or violation of these Terms: you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective upon termination; (ii) your membership will immediately be cancelled; (iii) your access to, participation in, and use of the Services will immediately cease, and (iv) you will not be allowed to participate in surveys offered through the Services. In addition, One Picture reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if One Picture receives a hard bounce or delivery failure notice in regards to email communications sent by One Picture to your email account; or (c) if One Picture receives a “mailbox full” reply notice three (3) times in regards to email communications sent by One Picture to your email account. For the purpose of these Terms, “Active” means that you: participate in a survey, at least, once every six (6) months; or (ii) update your profile or member information once every six (6) months. In the event of deactivation, termination by you, or termination by One Picture (other than for your breach or violation of these Terms), One Picture shall maintain unredeemed rewards, incentives, and/or prizes active and available for you to redeem for a period of thirty (30) days following de-activation or termination.
One Picture, Vendor and Subcontractor Employees
A. Restriction. One Picture, vendor and subcontractor employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes, or incentives for using, participating in, or accessing the Services. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, civil partner and spousal equivalents).
B. Procedures. One Picture, vendor and subcontractor employees may use, access, or participate in the Services, only after receiving written permission from their respective manager, and only for the sole purpose of improving One Picture’s products and/or services. One Picture, vendor and subcontractor employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services. If altered, false, or untrue information or data must be used, prior consent and approval must be received from One Picture’s Chief Executive Officer.
C. Improper Conduct. Unless authorized pursuant to these Terms or otherwise approved in writing by One Picture’ Chief Executive Officer, the violation of the terms of this Section 20 by an One Picture, vendor or subcontractor employee and/or its Immediate Family Member(s) is a violation of One Picture’s standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
Governing Laws, Jurisdiction and Venue
These Terms and your access to, use of, or participation in the Services shall be governed by and construed in accordance with the laws of New Zealand, without regard to any portion of any choice of law principles (whether those of the New Zealand or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Services, shall be subject to the exclusive jurisdiction of courts located in Auckland, New Zealand.
The headings contained in these Terms are for reference only and shall have no affect on the interpretation and/or application of these Terms. One Picture’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent One Picture from enforcing any subsequent breach by you of these Terms. These Terms, any rules, terms or policies referenced herein or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between One Picture and you with respect to the subject matter hereof.
Last updated: 28th January 2020