BestStart Terms & Conditions

TERMS AND CONDITIONS

  1. By providing feedback, entrants agree to be bound by these terms and conditions.
  2. By providing feedback you are agreeing to the privacy policy of the agency that collects your feedback for us (available at http://customerradar.com/privacy-policy/) and also agreeing that that agency can share your personal information (your feedback and contact information) with us/
  3. We and the agency that collects your information will hold and use that information (1) to respond to any issues you may have raised; and (2) generally to improve our services and staff performance. We and the agency that collects your feedback will hold and use your personal information subject to your rights under the Privacy Act 2020 to access it and request correction if you consider anything is incorrect. To make a request, contact us using the contact information on our website http://customerradar.com/.
  4. Any questions regarding these terms should be directed to 0508 BESTSTART (0508 2378 78278)
  5. BestStart reserves the right to change/update these Terms and Conditions at any time.

Customer Radar Pilot – Conditions of Service & Privacy Policy

CUSTOMER RADAR TERMS & CONDITIONS / PRIVACY POLICY

1. Acceptance

1.1. Upon agreeing to use Customer Radar the Client accepts a non-exclusive, non-transferable licence to use the Software with the features and specifications of the applicable Package as outlined in the communication with the client, and upon the terms and conditions contained below.

2. The Services

2.1. Customer Radar will provide Services and required licence(s) to the Client as set out in the Package selected by the Client.  Customer Radar may in its discretion alter, modify or amend the Packages, which will take effect upon Customer Radar giving notice to the Client.

3. Client Obligations

3.1. The Client agrees to pay any applicable Fees and use the Software in accordance with these terms and conditions.

4. The Licence

4.1. Customer Radar hereby grants to the Client a non-exclusive licence to use the feedback Codes, Software and Data in return for the Fees.

4.2. Customer Radar will upon agreement to proceed, set up the Client’s account, including creating users and passwords to all Registered Users where required.

4.3. Customer Radar will provide online training and support that Customer Radar reasonably considers to be necessary, to enable the Client to use the Software.

4.4. In providing the Software, Customer Radar reserves the right to amend particular programs, information and facilities forming part of the Software from time to time at its own discretion.

5. Use of the Software, Dashboards & Data

5.1. The Client will use the Software, Dashboards, Reports and/or Data solely for its own internal purposes and always in compliance with the Customer Radar Privacy Policy and the applicable privacy legislation in each country in which the Client may operate.

5.2. The Client may make and retain printed or electronic copies of Dashboards, Reports and/or Data only for:

  • its own internal use, or
  • for the use of its advisers to advise only the Client.

5.3. The Client will not sell, lease, commission or commercially deal with the Software, Dashboards, Reports and/or Data or any adaptations of the foregoing in any way. 

5.4. The Client warrants that it will use its own skill and judgment as is required to use and analyse the Software, Dashboards, Reports and/or Data and will be solely liable for all interpretations, opinions, recommendations, forecasts or comments made or actions taken.

6. Fees for Licence, Support & Additional Services

6.1. The Client shall pay to Customer Radar any License Fees one month in advance in accordance with agreed fee structure.  Where Client upgrades their applicable Package, Client shall be liable for any additional Fees from the date the upgrade is requested.

7. Intellectual Property Rights

7.1. Subject to clause 7.2, the Client acknowledges that the copyright and all of the trademarks and other intellectual property rights subsisting in or used in connection with the Services, the Software, the Codes, the Dashboards, the Reports, the Data, the Database and any compilation of the database, including the manner in which Dashboards and/or Reports are presented or appear, together with all associated documentation, including User Documentation, are the property of Customer Radar and that the Client must not during or at any time after termination of this agreement question or dispute or interfere with Customer Radar‘s ownership.

7.2. The Client acknowledges that parts of the Software may operate using third-party technology. If the third party technology becomes unavailable for use for any reason whatsoever, Customer Radar will use its best endeavours to promptly secure an alternative. 

7.3. The Client acknowledges that Customer Radar has spent, and continues to spend, considerable time and resources on the selection and arrangement of the Database as an original intellectual creation and to collect, collate, compile and reformat the contents of the Database. Accordingly, Customer Radar owns the Data, and copyright in the Database and in the whole or any subset of the contents of the Database as a compilation.

7.4. The Client acknowledges that Customer Radar may create and publish Compilations containing the Data for commercial purposes, including for benchmarking and/or promoting the efficacy of various types of feedback programmes, or for reselling the Compilations to third parties, providing that the Compilation does not in any way identify the Client.  Customer Radar may offer the Client and/or its customers the option of providing further information or participating in further surveys, for example industry specific surveys.

7.5. Customer Radar will hold and may use the Data in accordance with its Privacy Policy.

7.6. The Client will not copy all or part of the Software, nor will the Client develop or engage a third party to develop a competing real-time market research software program while this Agreement is in force, or for 1 year after its expiry. 

7.7. All Clauses within Section 7, survive termination of this agreement.

8. Confidential Information

8.1. Each party agrees to keep confidential and not use without the consent of the other any confidential information obtained from the other in connection with this agreement, except to the extent:

  • that the information is required to be disclosed by law, court order, or statute;
  • that is necessary to satisfy the requirements of any stock exchange or trading market upon which either party’s securities is listed or quoted;
  • that the information is or becomes available in the public domain without a breach by either party of its confidentiality obligations under this clause or at law.

8.2. All Clauses within Section 8, survive the termination of this Agreement.

9. Liability

9.1. All liability of Customer Radar to the Client or to any other person, whether in tort (including negligence) contract or otherwise arising from the provision of the Data, Software Dashboards or Reports is expressly excluded to the fullest extent permitted by law.

9.2. Customer Radar will have no liability under this agreement or otherwise, and expressly excludes liability for, any indirect, special, economic or consequential loss or damage suffered or incurred by the Client or any other person, including without limitation loss of revenue, profits, goodwill, savings, data or opportunity whether caused by negligence or otherwise.

9.3. The total liability of Customer Radar, to the extent that liability is not excluded under this agreement will be limited to an aggregate total equal to the Licence Fees actually paid by the Client in the year of the claim.

10. Indemnity

10.1. The Client undertakes to fully and effectively indemnify Customer Radar and keep Customer Radar indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal expenses on a solicitor client basis, and other fees and disbursements) sustained, incurred or paid by Customer Radar directly or indirectly in respect of:

  • Use by the Client or any other person of any information, data or material produced by the Client and obtained or derived in whole or in part from the Software, Dashboards, Reports and/or Data;
  • Any breach by the Client of any provision of this agreement.

11. Termination

11.1. Either Party may terminate this Agreement by written notice,, and in such event termination will take effect from the last day of the month in which notice was given.

11.2. In the event that Client has paid Fees for any months beyond the termination date, said Fees will not be refunded.

11.3. This Agreement may be executed in any number of counterparts, or click accepted by Client.  Customer Radar may update or amend the terms of this Agreement in its discretion from time to time, and provided Client has been given reasonable notice of the updated or amended terms, then Client’s continued use of the Software shall be deemed its acceptance of the new terms.

11.4. This Agreement shall be construed in accordance with the laws of New Zealand, and any proceedings in respect of this Agreement will be subject to the non-exclusive jurisdiction of the New Zealand courts.

12. Definitions & Interpretation

12.1. Codes means the feedback code or set of unique codes which when sent to an clients customer  by any means provides Data to Customer Radar to be analysed and activated by the Software;

12.2. Compilation means aggregated data from the Database which may or may not include the Data;

12.3. Data means the data collected via the Software and presented in the Dashboards and Reports and as otherwise made available by Customer Radar.

12.4. Database means the database containing the Data that can be queried by use of the Software to generate Dashboards or Reports or actions;

12.5. Fees means the applicable fees payable for the Package agreed by the Client. As set out in the communication with the client;

12.6. Package means the particular package of services, features and rights pertaining to the Software selected by the Client offered by Customer Radar, as may be amended or added to from time to time by Customer Radar;

12.7. Registered User means a person who has been registered to access the Software and who has received a user-name and password to enable the use of the Software.

12.8. Reports means the reports generated by a Registered User using the Software, or otherwise provided by Customer Radar.

12.9. Dashboards mean the dashboard views accessed by a Registered User using the Software, as amended from time to time by Customer Radar;

12.10. Services means the management and provision of the “Customer Radar” real-time feedback survey services based on the Software; 

12.11. Software means the Customer Feedback software owned by Customer Radar known as ”Customer Radar” or such other name as Customer Radar may ascribe to it from time to time.

12.12. User Documentation means the online user documentation for the Software provided by Customer Radar and as amended by Customer Radar from time to time.

 

CUSTOMER RADAR – PRIVACY POLICY 

Customer Radar is committed to protecting your privacy. This Statement of Privacy applies to Customer Radar’s website, the Database and Software and governs your collection and use of the Data. At any time you may contact Customer Radar with any privacy questions or concerns you may have at: support@customerradar.com

Collection of Personal Information
Customer Radar collects personally identifiable information, such as your name, mobile number and e-mail address. 

Information about your computer hardware and software is automatically collected by Customer Radar for operation of its services. This information can include: your IP address, browser type, and access times. 

Customer Radar is not responsible for the privacy statements or content on websites outside of the Customer Radar website, which you may link to from the Customer Radar website. 

Use of Personal Information
Customer Radar uses your personal information to operate the Customer Radar website and deliver the services you may request. 

Customer Radar does not sell, rent or lease its customer lists to third parties, however Customer Radar may share customer lists generated via Customer Radar campaigns with client originators, as agreed within the Conditions of Service for each individual client and as set out in the client originators Terms and Conditions around the campaign itself. 

Customer Radar does not use or disclose sensitive personal information without your explicit consent. 

Customer Radar will disclose your personal information, without notice, only in the good faith belief that it is required to do so by law; to protect and defend the rights or property of Customer Radar or its affiliates; or to protect the personal safety of users of the Software and Database or the public. 

Customer Radar may transfer its customer database, including any personal information it contains, to a third party in the course of the transfer of all or substantially all of Customer Radar’s assets or shares or its business relating to the Database and Software.

 

Marketing Association

TERMS AND CONDITIONS

  1. Information on how to enter and prize/s form part of these conditions.  By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid.
  2. Entry is open to all Members of the Marketing Association except employees and immediate families of Marketing Association, its associated companies and  any agencies involved in this promotion.
  3. This Competition commences 6 November 2019 and will run until 30 November 2019. During each promotion period customers that provide feedback receive automatic entry into the prize draw.
  4. Entries are limited to one feedback response per day.
  5. Your entry goes into a draw for a $250 Prezzy Card.
  6. Entries will be drawn at random from the entries received.
  7. One winner will be drawn from all valid entries, on 30 November 2019.
  8. The prize winners will be notified within 10 days of the draw and contacted via Email provided whilst submitting feedback. Winners will be posted on the promoters website www.marketing.org.nz, 14 days after the draw.
  9. The person whose email address is used to submit the entry is deemed the entrant should any dispute arise. You may be required to present proof of identity in order to claim a prize.
  10. Prizes are not transferable, exchangeable or negotiable and are not redeemable for cash.
  11. While this promotion will be administered with all reasonable care and skill, if the Promoter or its designated agents is unable to make contact with any winner within timeframe of a draw, the Promoter reserves the right to declare that entry invalid and draw a new winner of the prize on the same terms and conditions as the original draw.
  12. The Promoter reserves the right to substitute prize components of equivalent or greater value if any prize becomes unavailable.
  13. To the greatest extent permitted by law, neither the Promoter nor any person or party associated with the promotion shall be liable for any loss, damage or injury suffered or sustained (including, but not limited to, consequential loss) as a result of participating in this promotion or using any part of the prize, except for any liability which cannot be excluded by law.
  14. All decisions made by the Promoter are final and no correspondence will be entered into.
  15. By entering, the prize winner/s agree to be available for reasonable publicity purposes without compensation, including but not limited to photographs and interviews. Entrants acknowledge that their details may be published in various media.
  16. By entering the competition and providing feedback you are agreeing to the privacy policy of the agency that collects your feedback for us (available at http://customerradar.com/privacy-policy/) and also agreeing that that agency can share your personal information (your feedback and contact information) with us, which will then be subject to our privacy policy (available at https://www.marketing.org.nz/Privacy). We and the agency that collects your information will hold and use that information (1) to respond to any issues you may have raised; (2) generally to improve our services and staff performance; and (3) to run the competition, including the award of any prizes and subsequent promotion. We and the agency that collects your feedback will hold and use your personal information subject to your rights under the Privacy Act 1993 to access it and request correction if you consider anything is incorrect. To make a request, contact us using the contact information on our website http://customerradar.com/.
  17. The Promoter is Marketing Association – P.O.Box 137266, Parnell, Auckland 1151. Any questions regarding this promotion should be directed to 09 361 7760.
  18. Marketing Association reserves the right to change or alter the rules/competition at any time.

Harvey Furnishings Terms and Conditions

TERMS AND CONDITIONS

  1. Information on how to enter and prize/s form part of these conditions.  By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid.
  2. Entry is open to all New Zealand residents except employees and immediate families of Harvey Furnishings, its associated companies and  any agencies involved in this promotion.
  3. This Competition commences 21 October 2019 and will run as a continual promotion. During each promotion period customers that provide feedback receive automatic entry into the prize draw.
  4. Entries are limited to one feedback response per day.
  5. Make any purchase at Harvey Furnishings during the promotional period. Then go to www.feedback.fyi and enter the feedback code to give feedback within the period set out in point 3 above.
  6. You must keep your proof of purchase to claim a prize. Photo ID may be required.
  7. Your entry goes into a draw for a $200 Harvey Furnishings gift card to be redeemed online or in retail stores.
  8. Entries will be drawn at random from the entries received each month.
  9. One monthly winner will be drawn from all valid entries, on the 1st business day of each month.
  10. The prize winners will be notified within 10 days of the draw and contacted via the email provided whilst submitting feedback. Winners will be posted on the promoters website  14 days after each draw.
  11. The person whose email address is used to submit the entry is deemed the entrant should any dispute arise. You may be required to present proof of mobile phone ownership and / or proof of purchase in order to claim a prize.
  12. Prizes are not transferable, exchangeable or negotiable and are not redeemable for cash.
  13. While this promotion will be administered with all reasonable care and skill, if the Promoter or its designated agents is unable to make contact with any winner within the timeframe of a draw, the Promoter reserves the right to declare that entry invalid and draw a new winner of the prize on the same terms and conditions as the original draw.
  14. The Promoter reserves the right to substitute prize components of equivalent or greater value if any prize becomes unavailable.
  15. To the greatest extent permitted by law, neither the Promoter nor any person or party associated with the promotion shall be liable for any loss, damage or injury suffered or sustained (including, but not limited to, consequential loss) as a result of participating in this promotion or using any part of the prize, except for any liability which cannot be excluded by law.
  16. All decisions made by the Promoter are final and no correspondence will be entered into.
  17. By entering, the prize winner/s agree to be available for reasonable publicity purposes without compensation, including but not limited to photographs and interviews. Entrants acknowledge that their details may be published in various media.
  18. By entering the competition and providing feedback you are agreeing to the privacy policy of the agency that collects your feedback for us (available at http://customerradar.com/privacy-policy/) and also agreeing that that agency can share your personal information (your feedback and contact information) with us, which will then be subject to our privacy policy (available at this link). We and the agency that collects your information will hold and use that information (1) to respond to any issues you may have raised; (2) generally to improve our services and staff performance; and (3) to run the competition, including the award of any prizes and subsequent promotion. We and the agency that collects your feedback will hold and use your personal information subject to your rights under the Privacy Act 2020 to access it and request correction if you consider anything is incorrect. To make a request, contact us using the contact information on our website http://customerradar.com/.
  19. The Promoter is Harvey Furnishings – 981 Mt Eden Road
    Three Kings. Any questions regarding this promotion should be directed to 09 624 5314.
  20. Harvey Furnishings reserves the right to change or alter the rules/competition at any time.

Marketing Association Sunrise Session

TERMS AND CONDITIONS

  1. By providing feedback, entrants agree to be bound by these terms and conditions.
  2. By providing feedback you are agreeing to the privacy policy of the agency that collects your feedback for us (available at http://customerradar.com/privacy-policy/) and also agreeing that that agency can share your personal information (your feedback and contact information) with us/
  3. We and the agency that collects your information will hold and use that information (1) to respond to any issues you may have raised; and (2) generally to improve our services and staff performance. We and the agency that collects your feedback will hold and use your personal information subject to your rights under the Privacy Act 1993 to access it and request correction if you consider anything is incorrect. To make a request, contact us using the contact information on our website http://customerradar.com/.
  4. Any questions regarding these terms should be directed to 09 361 7766
  5. Marketing Association reserves the right to change/update these Terms and Conditions at any time.

DOC / i-SITE

TERMS AND CONDITIONS

  1. Entry to the promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is open to all New Zealand & International residents except employees and immediate families of the participating Department of Conservation and i-SITE Visitor Information Centres and, its associated companies and any agencies involved in this promotion.
  3. This Competition commences 1st July 2019 and will run as a continual promotion.
  4. Entries are limited to one entry per mobile phone number, per day (i.e Only one entry is eligible for the draw per purchase (i.e per till receipt)).
  5. To enter, simply text the code, your rating and any other comments to 203 (eg ABCXYZ 4 I think…), or go to www.feedback.fyi within the period set out in point 3 above and submit your feedback.
  6. You must keep your proof of purchase and / or proof of mobile phone ownership to claim a prize. Photo ID may be required.
  7. Standard text costs apply for texting your feedback and those charges will be the responsibility of the individual mobile phone owners.
  8. Your entry goes into a draw for a $500 Prezzy card.
  9. One quarterly winner will be drawn from all valid entries, on the 1st March, 1st June, 1st September and 1st December.
  10. The prize winners will be the first valid entry randomly drawn from all eligible entries received.
  11. The prize winners will be notified within 10 days of the quarterly draw and contacted via a call to the mobile phone number that made the entry or the mobile number they added in their online entry.
  12. By entering this prize draw you are giving permission to be contacted for the purpose of further feedback by the company or its nominated agents via the mobile and /or email address provided.
  13. You may not enter any other person’s information when entering this prize draw.
  14. The person whose mobile phone is used to submit the entry is deemed the entrant should any dispute arise. You will need to present the proof of mobile phone ownership and / or proof of purchase in order to claim a prize.
  15. Prizes are not transferable, exchangeable or negotiable and are not redeemable for cash.
  16. While this promotion will be administered with all reasonable care and skill, if the Promoter or its designated agents is unable to make contact with any winner within the timeframe of a draw, the Promoter reserves the right to declare that entry invalid and draw a new winner of the prize on the same terms and conditions as the original draw.
  17. The Promoter reserves the right to substitute prize components of equivalent or greater value if any prize becomes unavailable.
  18. To the greatest extent permitted by law, neither the Promoter nor any person or party associated with the promotion shall be liable for any loss, damage or injury suffered or sustained (including, but not limited to, consequential loss) as a result of participating in this promotion or using any part of the prize, except for any liability which cannot be excluded by law.
  19. All decisions made by the Promoter are final and no correspondence will be entered into.
  20. By entering, the prize winner/s agree to be available for reasonable publicity purposes without compensation, including but not limited to photographs and interviews. Entrants acknowledge that their details may be published in various media.
  21. The Promoter is Department of Conservation (DOC) and i-SITE Visitor Information Centres, PO BOX 10420, The Terrace, Wellington 6143. Any questions regarding this promotion should be directed to 0800 200 245.
  22. Department of Conservation (DOC) and i-SITE Visitor Information Centres reserves the right to change or alter the rules/competition at any time.

 

HTC Ltd Terms & Conditions

TERMS AND CONDITIONS

  1. Information on how to enter and prize/s form part of these conditions.  By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid.
  2. Entry is open to all New Zealand residents except employees and immediate families of HTC Ltd, its associated companies and  any agencies involved in this promotion.
  3. This Competition commences 1st March 2019 and will run as a continual promotion. During each promotion period customers that provide feedback receive automatic entry into the prize draw.
  4. Entries are limited to one feedback response per day.
  5. Click through from a survey email, or go to www.feedback.fyi, enter the feedback code and give feedback within the period set out in point 3 above.
  6. Your entry goes into a draw for a $50 prezzy card.
  7. Entries will be drawn at random from the entries received each quarter.
  8. One Quarterly winner will be drawn from all valid entries, on the 1st January, 1st April, 1st July, 1st October.
  9. The prize winners will be notified within 10 days of the draw and contacted via Email provided whilst submitting feedback.
  10. The person whose email address is used to submit the entry is deemed the entrant should any dispute arise. You may be required to present proof of email address authority and / or proof of purchase in order to claim a prize.
  11. Prizes are not transferable, exchangeable or negotiable and are not redeemable for cash.
  12. While this promotion will be administered with all reasonable care and skill, if the Promoter or its designated agents is unable to make contact with any winner within timeframe of a draw, the Promoter reserves the right to declare that entry invalid and draw a new winner of the prize on the same terms and conditions as the original draw.
  13. The Promoter reserves the right to substitute prize components of equivalent or greater value if any prize becomes unavailable.
  14. To the greatest extent permitted by law, neither the Promoter nor any person or party associated with the promotion shall be liable for any loss, damage or injury suffered or sustained (including, but not limited to, consequential loss) as a result of participating in this promotion or using any part of the prize, except for any liability which cannot be excluded by law.
  15. All decisions made by the Promoter are final and no correspondence will be entered into.
  16. By entering, the prize winner/s agree to be available for reasonable publicity purposes without compensation, including but not limited to photographs and interviews. Entrants acknowledge that their details may be published in various media.
  17. By entering the competition and providing feedback you are agreeing to the privacy policy of the agency that collects your feedback for us (available at http://customerradar.com/privacy-policy/) and also agreeing that that agency can share your personal information (your feedback and contact information) with us. There is no downside to not agreeing to provide feedback and enter this competition (other than that you will not be eligible for a prize of course!) We and the agency that collects your information will hold and use that information (1) to respond to any issues you may have raised; (2) generally to improve our services and staff performance; and (3) to run the competition, including the award of any prizes and subsequent promotion. We and the agency that collects your feedback will hold and use your personal information subject to your rights under the Privacy Act 2020 to access it and request correction if you consider anything is incorrect. To make a request, contact us using the contact information on our website http://customerradar.com/.
  18. The Promoter is HTC Ltd, 31 Andrew Baxter Drive, Airport Oaks 2022. Any questions regarding this promotion should be directed to 0800 200 245.
  19. HTC Ltd reserves the right to change or alter the rules/competition at any time.





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YMCA Membership Terms and Conditions

TERMS AND CONDITIONS

  1. By providing feedback, entrants agree to be bound by these terms and conditions.
  2. By providing feedback you are agreeing to the privacy policy of the agency that collects your feedback for us (available at http://customerradar.com/privacy-policy/) and also agreeing that that agency can share your personal information (your feedback and contact information) with us/
  3. We and the agency that collects your information will hold and use that information (1) to respond to any issues you may have raised; and (2) generally to improve our services and staff performance. We and the agency that collects your feedback will hold and use your personal information subject to your rights under the Privacy Act 1993 to access it and request correction if you consider anything is incorrect. To make a request, contact us using the contact information on our website http://customerradar.com/.
  4. Any questions regarding these terms should be directed to 0800 200 245
  5. YMCA reserves the right to change/update these Terms and Conditions at any time.

Sherpa Kids Terms & Conditions

 

TERMS AND CONDITIONS

  1. By providing feedback, entrants agree to be bound by these terms and conditions.
  2. By providing feedback you are agreeing to the privacy policy of the agency that collects your feedback for us (available at http://customerradar.com/privacy-policy/) and also agreeing that that agency can share your personal information (your feedback and contact information) with us.
  3. We and the agency that collects your information will hold and use that information (1) to respond to any issues you may have raised; and (2) generally to improve our services and staff performance. We and the agency that collects your feedback will hold and use your personal information subject to your rights under the Privacy Act 1993 to access it and request correction if you consider anything is incorrect. To make a request, contact us using the contact information on our website http://customerradar.com/.
  4. Any questions regarding these terms should be directed to +61 450 251 700
  5. Sherpa Kids reserves the right to change/update these Terms and Conditions at any time.