Conjoint.ly Terms and Conditions

Introduction

These terms and conditions govern your use of Conjoint.ly; by using this service, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this service.

The words "service", "website", "Conjoint.ly" in this document are of equal meaning and refer to Analytics Simplified Pty Ltd, its websites, Conjoint.ly and the service provided on the websites.

Licence to use Conjoint.ly

Unless otherwise stated, Conjoint.ly and/or its licensors own the intellectual property rights in the service and material on the website. Subject to the license below, all these intellectual property rights are reserved. This excludes the research methodology used in this service that is in the public domain.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal or business use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose (other than the use of the reports in your commercial operations);
  • edit or otherwise modify any material on the website (other than in the intended form fields); or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, harmful, or immoral, or in connection with any unlawful, illegal, fraudulent, harmful, or immoral purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent from Conjoint.ly.

You must not use this website to transmit or send unsolicited commercial communications. All email addresses that you provided in the lists of participants that you are using for experiments must be of persons that expressly gave their permission to be contacted by you or on your behalf.

Restricted access

Conjoint.ly reserves the right to restrict access to certain areas of this website, or indeed this entire website, at Conjoint.ly's discretion.

Conjoint.ly provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, and you must ensure that the user ID and password are kept confidential.

Conjoint.ly may disable your user ID and password in Conjoint.ly's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Conjoint.ly a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Conjoint.ly the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Conjoint.ly or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Conjoint.ly reserves the right to edit or remove any material submitted to this website, or stored on Conjoint.ly's servers, or hosted or published upon this website.

Notwithstanding Conjoint.ly's rights under these terms and conditions in relation to user content, Conjoint.ly does not undertake to monitor the submission of such content to, or the publication (or making available for private use of use by invitation) of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Conjoint.ly makes no representations or warranties in relation to this website, the information and materials provided on this website, or the applicability or correctness of execution of the analytical procedures of this service.

Without prejudice to the generality of the foregoing paragraph, Conjoint.ly does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading; or
  • the correctness or comprehensiveness of data collection procedures; or
  • the appropriateness and applicability to your context, or correctness of the methodology, calculation, presentation, or otherwise in the analytical procedures from this service.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any commercial, marketing, or product management matter you should consult an appropriate professional.

Discounts and academic fee waivers are provided at the sole discretion and at the pleasure of Conjoint.ly and may be forfeited or withdrawn at any time without notice. Academic fee waivers are provided for study, academic research, and teaching purposes and may not be used for other purposes (personal or commercial).

Conjoint.ly is not responsible for operation of this service in conjunction with other services and integrations. Without limiting the generality of the foregoing, Conjoint.ly specifically does not promise or guarantee operability with third-party survey tools. Any integration with a third party service or vendor is at the risk of the user.

Limitations of liability

Conjoint.ly will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Your business decisions, even those based on the results of the analysis performed by this service, are your own and at your own risk.

These limitations of liability apply even if Conjoint.ly has been expressly advised of the potential loss.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Conjoint.ly and undertake to keep Conjoint.ly indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Conjoint.ly to a third party in settlement of a claim or dispute on the advice of Conjoint.ly's legal advisers) incurred or suffered by Conjoint.ly arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Conjoint.ly's other rights under these terms and conditions, if you breach these terms and conditions in any way, Conjoint.ly may take such action as Conjoint.ly deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Conjoint.ly in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the law of New South Wales, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.

You can contact Conjoint.ly by email to info@conjoint.ly.