Last Updated 5th September 2017
By registering your details on or accessing usample.co, it is assumed you have read and agreed to be bound by the Terms and Conditions set out herein and the documents referred to throughout as Terms.
By registering your details onusample.co, you are applying to be a mystery shopper, secret diner or product tester (collectively referred to as “Test and Review Partner”) Test and Review Partners are selected according to the special Test and Review Partner Promotion terms and conditions shown half way down this page, these conditions also apply.
usample.co also contains links to other sites operated by our service providers or us. We advise you to review the legal, privacy and security information for each of those sites as the terms and conditions and privacy policies may vary from site to site.
These Terms may be changed or updated by us from time to time and without prior notice, make sure you check back here often.
You may useusample.co only in accordance with these Terms and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within Australia and any other jurisdiction from which you are accessing the Site.
Uploading Material tousample.co
- Such disclosure shall constitute an assignment tousample.co of any intellectual property rights in the disclosure.
Links to External Websites
- Our Site contains links to sites not owned or operated by us.
- These links are not intended to be referrals, sponsorships or endorsements of the linked sites.
- If you access these sites you do so at your own risk. We are not responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of such sites or your reliance on any Content on such sites.
- usample.co and all information and/or Content that can be seen, heard or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the “Content”) are protected by US and international copyright, trademark and other laws, and belong tousample.co or to third parties.
- You may useusample.co and the Content solely for your personal or internal use.
- You may download, print and store portions of the Content that you select for such use.
- No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading.
- usample.co reserves complete title and full intellectual property rights in any Content you download fromusample.co.
- You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained fromusample.co, except as expressly permitted by these Terms and Conditions.
DISCLAIMER OF WARRANTIES
- THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
- YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT.
- USAMPLE.CO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT.
- USAMPLE.CO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY USAMPLE.CO, AND THE CONTENT.
- USAMPLE.CO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
- USAMPLE.CO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED “WITH ALL FAULTS,” ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY
- TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW,USAMPLE.CO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT.
- YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL USAMPLE.CO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT,
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT,
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR
- ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF USAMPLE.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
- You agree to use the Site only for lawful purposes.
- You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.
- You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use usample.co in any manner that might interfere with the rights ofusample.co or any third party.
- You understand and agree that you are personally responsible for your behaviour onusample.co.
- You agree to indemnify, defend and hold harmlessusample.co, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use usample.co or the Content, or any violation by you of these Terms and Conditions.
- These Terms of Service will be governed by and construed in accordance with the laws of Australia as contracts entered into in that country, without giving effect to its conflict of laws provisions or your actual state or country of residence.
- If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
- We recognise the global nature of the Internet.
- You agree to comply with any and all local laws or rules regarding your conduct online including the downloading of documents that may be prohibited under laws that apply to your country of residence.
Entire Agreement/No Waiver
- No waiver byusample.co of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies
- The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current.
- usample.co reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice.
- usample.co does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Test and Review Partner Promotion Terms and Conditions
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- By registering your interest in and/or participating in a Test and Review with respect to a Product advertised on theusample.co website you agree to accept and be bound by all terms of these Official Rules and by all decisions of the promoter, usample.co (the Promoter).
- Entry is open to individual Australian residents who are aged 18 years or over. Employees, agents, affiliates, officers or directors of the Promoter or of any advertiser, promotion agency, fulfilment agency or agent of the Promoter, or of anyone else professionally connected with any promotion, or a family member of any of these are not eligible to enter.
- The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who the Promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these Official Rules.
- Only one entry per person per Product is permitted.
- To be eligible for selection as a Test and Review Partner, entrants must:
- Select the product/service/experience they would like to test, review and keep and fill in their personal details on the form provided
- Complete the survey questions after the signup page and where indicated tell us in 25 words or less the product or service you’d love to test, review and keep and why you would like to do so
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- All judging panel will review all valid entries received byusample.co. This is a skill-based promotion and chance plays no part in determining the winners. Each entry will be individually judged based on different criteria, depending on the Product selected by the entrant and the responses to the questions in any survey. Test and Review Partners will be selected based their 25-word response. This will determine users with the required skills to test & write a comprehensive review of a product.
- The best entry or entries per product will be offered the opportunity to be a Test and Review Partner. The requirements of each product testing campaign will be communicated with the entrant that has been selected as Test and Review Partner and will vary depending on the Product, however, the Test and Review Partner will be required to at a minimum:
- Test the Product for the required period of time
- Submit to the Promoter via the email (to be provided) a written review, photos of the entrant with the Product and a video review of the Product by the date set out in the Product Advertisement.
- All products will be delivered directly to the test and review partners address free of charge, no product or cash alternative will be offered. Once the Product Tester has complied with their obligations in clause 9, they will have the opportunity to keep the product at no cost.
- We accept no responsibility or liability for loss, damage or personal injury resulting from the use of products. If during the test period a product is found to be faulty, we will request the Test and Review Partner return the product to a specified address so we can request a replacement from the retailer. We do not offer any personal warranty on the products or goods as this remains with the retailer under the Australian Sale of Goods Act 1954, if a product is found to be faulty during the retailer’s warranty period the product tester will be advised to contact us so we can organise a replacement under the retailer’s warranty.
- All entries become the property of the Promoter. The Promoter’s decision is final and no correspondence will be entered into. No responsibility is accepted for entries not received by the Promoter. Entries will be deemed void it stolen, forged, mutilated or tampered with in any way.
- Entrants warrant that their entry in the promotion, including any submissions made to the Promoter does not breach the intellectual property rights of any third party. The entrant indemnifies and will keep the Promoter and its associated suppliers, agencies and affiliates indemnified against any loss, costs (including legal costs), expenses or liability by the Promoter and its associated suppliers, agencies and affiliates may suffer arising out of a breach by the entrant of this clause.
- Entrants selected as Test and Review Partner will be notified via text, phone or email. Those selected must confirm their acceptance including confirmation of their address and personal details within 7 days of notification. Any entrant that does not confirm their acceptance and confirm the relevant details within 7 days will forfeit their opportunity to be a Test and Review Partner.
- Test and Review Partner names in respect of any Product will be published on the Site.
- Depending on the Product, the Test and Review Partner may be required to sign a form to release the Promoter from and indemnify the Promoter against, and all liability arising from use or participation in the Product.
- Any costs associated with entering the promotion and accessing usample.co are the responsibility of the entrant.
- If you do not comply with the Official Rules you may be disqualified from all test and review opportunities without further notice. False or deceptive entries or acts will render the entrant ineligible.
- Entrants agree to participate in any promotional activity surrounding this promotion. The Promoter will require photographs of Test and Review Partner and will be required to use those photographs, the names and images of such Test and Review Partner to publicise on the Site, in e-mails and through any other media for promotion. Individuals should not enter to become a Test and Review Partner if they do not agree to this. Entrants agree that participation in the promotion will be free of charge. Entrants consent to the Promoter and its associated suppliers, agencies and affiliates using their name and image in any media in perpetuity, without limitation and without compensation to the entrant.
- To the fullest extent permitted by law and without limiting any other conditions of entry, the Promoter may, in its discretion, suspend, modify or terminate the Promotion at any time.
- These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.
- Any product guarantees or warranties supplied by manufacturers, where applicable, will be supplied to the product tester.
- To the fullest extent permitted by law, the Promoter, its affiliates and third party suppliers and agencies hereby expressly exclude: 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 entrant in connection with any entry into the promotion or the use of a Product. As a condition of your entry into any prize draw, you agree to indemnify us and our affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting directly or indirectly from such entry.
- The Promoter is not affiliated with the manufacturer or provider of the Product nor with any of the third parties appearing in the marketing promotional copy unless otherwise indicated.
- The Promoter undertakes to use reasonable efforts to maintain adequate email, internet and other communication links but is not otherwise responsible for and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; or prize deliveries attempted but not received. If you are disqualified, the Promoter is under no obligation to publish this fact on this site or anywhere else.
If you have any questions or comments on our Terms & Conditions Policy, if you wish to update your personal information we hold on you or make a complaint, please submit a request via our Contact Us form on the About Us page.