Terms and Conditions

Askable Pty Ltd

Table of Contents

Introduction

Key Points: Hi and welcome to Askable! These Terms are an agreement between you and Askable that set out how our Platform and Services must be used. You must agree to these Terms before using the Platform.

This online platform (“Platform”) is operated by Askable Pty Ltd t/a Askable (ABN 72 621 754 096) its successors and assignees (“we”, “our” or “us”). You must read and accept these Terms and Conditions (“Terms”) before we can provide you with access to and use of the Platform and the products, tools and services (“Services”) offered by us.  

Our platform and Services are available at: https://www.askable.com and may be available through other addresses or channels, including on our mobile application and our branded offering, Everask (https://www.everask.com). In these Terms, Platform refers to our marketplace regardless of how you access it.

1 Acceptance

Key Points: You must read these Terms and our Privacy Policy before accessing or using our Platform and Services. You may only use our Platform if you are over the age of 13. If you are between 13 and 18 years old, you parent must read and agree to these Terms.

a) By accessing and/or using our Platform and Services, you, each person, entity or organisation using our Platform and Services (“you” or “User”):

  • warrant to us that you have reviewed these Terms, including our Privacy Policy available on the Platform, with your parent or legal guardian (if you are under 18 years of age), and you understand them;

  • warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; 

  • understand that you are not permitted to use the Platform if you are under 13 years of age; and;

  • agree to use the Platform and Services in accordance with these Terms.

b) If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (“Represented Entity”), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

Key Points: If you are a parent of a child between the ages of 13 and 18 that wishes to use the Platform, you agree to supervise your child’s use of the Platform.

c) If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a “Minor”) to create an account and/or use the Platform, you agree to:

  • supervise the Minor’s use of the Platform and their account;

  • assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform (including any opportunities that the minor intends to participate in through the Platform) and their account;

  • ensure that the content on or connected with the Platform is suitable for the Minor;

  • ensure all information submitted to us by the Minor is accurate; and;

  • provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

Key Points: If you use our Platform through our App, you must agree to relevant Apple Terms.

d) If you access or download our Platform from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Key Points: Do not use our Platform and Services if you do not agree to these Terms. From time to time our Terms may change. We will always publish the latest Terms on our website.

e) Please read these Terms carefully and cease using the Platform and Services if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. 

f) We recommend you check our Platform regularly to ensure you are aware of our current Terms.

g) Where there is a significant change to the Terms, you will be notified at your next account log-in that there has been a change.

 2 Summary of our Platform and Services

Key Points: Askable provides a market research Platform and a number of products, tools and services, to Clients and Participants. Our Clients use our Platform to undertake research projects about their products or services. Participants can apply and participate in research studies advertised on our Platform.

a) Askable provides our Platform and Services to:

  • corporate users (“Client” or “Clients”) who wish to undertake market research testing, interviews, and studies (“research”); and 

  • individuals who wish to participate in research studies (“Participant” or “Participants”).

b) The primary function of the Platform is to connect Clients with Participants, by facilitating introductions between Clients and Participants and, where required, using the Platform tools to facilitate the research.

c) A Client with a requirement for a research project (“Project”) to be completed may create an account on the Platform, post an accurate and complete description of the Project (including the demographic, selection criteria, screening questions, and the activities that need to be undertaken by the participants in the Project (“Project Activities”) (“Booking”). By creating a Booking for the Project, the Client confirms that s/he is legally entitled and capable of recruiting for and undertaking the Project described in the Booking.

d) A Participant wishing to participate in a Project may (1) create an account on the Platform, (2) review the Bookings uploaded by the Client and (3) apply to participate in the Project with the relevant Client through the Platform (including completing any screening questions) (“Participation Request”).

e) The Client may create a Participation Request (which becomes a Booking).

f) We, either through our Platform or ourselves, may:

  • assist with writing screening questions for the Booking;

  • provide a list of Participants (including any information provided by a Participant in their account and any answers to the screening questions) who have sent a Participation Request, to the Client; and

  • manage the Participants for the Project (which will be limited to us communicating with the Participants on your behalf and scheduling in appointments for the Project Activities).

g) The Client and Participant can communicate with one another using the contact details and/or the direct messaging system available in the Platform.

h) Once the final date for the Project has passed, the Booking will be deemed to be complete, unless the Client informs us otherwise by contacting us in writing or rescheduling the booking on the Platform (“Completed Booking”).

i) We are not an employment agency or labour hire business and the Clients and Participants are not our employees, contractors, partners or agents.

j) We are not a party to any agreement entered into between a Client and a Participant. We have no control over the conduct of Clients, Participants or any other users of the Platform (excluding our +Researchers, discussed further below).

k) Except where any liability is due to a failure in the Platform or our management of Participants, we accept no liability for any aspect of the Client and Participant interaction, including but not limited to any liability arising from or connected with the Project, the Project Activities, the Booking or the participation Incentive. We do not assist or involve ourselves in any way in any dispute between a Client and a Participant.

Key Points: Askable provides a number of additional research products, tools and services, including Askable Live (an online video conferencing tool), Askable+ (a research service provided to Clients), and Everask (a bespoke service provided to Clients).

l) Askable provides a number of additional market research service offerings in addition to that outlined above.  A description of our current services and platform tools have been set out below. It is noted however, that Askable has an agile development program, and from time to time may cease, change, or increase its service offerings.  This may include a number of services opportunities that are in pilot, which may be later discontinued.

m) Askable Live is a video conferencing tool that works in conjunction with Askable products. It facilitates interviews and other Project Activities associated with research. Users of Askable Live may include facilitators as selected by the Client, observers (part of the Client’s research team) and Participants.

n) Clients may use Askable Live to virtually meet with Participants - either by video or audio-only or both.  While conducting an interview or other Project Activity using Askable Live, Clients may share screens, show prototypes and record sessions to view later.

o) Askable + Researcher Marketplace (Askable+) is a service of Askable, whereby Clients who have an account with Askable, are able to connect with a certified researcher (“+Researcher”) via the Platform, with the purpose to conduct Projects and Project Activities on behalf of the Client.  +Researchers use the Askable Platform and Services to conduct research studies, compile insights and produce reports detailing findings and recommendation for the Client.

p) Participants may interact with +Researchers as they conduct Projects and Project Activities on behalf of Clients.  +Researchers may use Askable Services, such as Askable Live to conduct online research interviews.

q) Personal data of Participants (such as answers to screening questions, demographic information, and participant opinions), may be used by +Researchers as part completing the Project and Project Activities.  Askable has controls in place to ensure that +Researchers do not use Participant information for any purpose other than for conducting research as directed by Clients.

r) Everask is a bespoke service of Askable, whereby Clients who have an account with Everask, are able to access a library of short video responses to generic research questions.  Clients can access Everask through the Everask website, i.e. everask.com

s) Participants are given the opportunity to provide short video responses to these research questions, that form part of the Everask service.  While our Clients access Everask via the Everask website (everask.com), participants will always apply for opportunities and access the video recording tool via Askable.com

3 Licence to use our Platform

Key Points: You can use our Platform and Services when you agree to these Terms.

a) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and Services in accordance with these Terms. All other uses are prohibited without our prior written consent.

4 Data Collection Notice

Key Points:  We explain how Askable handles your personal data in our Privacy Policy.  You need to read this so you understand how we will handle your personal data before agreeing to these Terms.

You must keep confidential information about Participants and or Clients confidential. You cannot give or talk about confidential information with anyone else.

a) We collect personal information about you in order to enable you to access and use the Platform and Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. Consistent with our Privacy Policy, personal information is hereafter referred to as “personal data”.

b) We may disclose personal data to either the Client or a Participant (as applicable), our business partners and third-party service providers who help us deliver our services – including information technology service providers, data storage, web-hosting and related server providers, professional advisors, certified researchers (i.e. +Researchers), third-party payment processors – in the manner and for the purposes set out in our Privacy Policy or as required by law. If you do not provide particular personal data, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal data to third parties located, or who store data, outside Australia.

c) Our Privacy Policy contains further information about:

  • the purposes for which we collect your personal data;

  • how we use your personal data;

  • to whom we disclose your personal data;

  • the security of your personal data;

  • how you can access and seek correction of your personal data;

  • if you are in the EU, your additional rights as regards your personal data;

  • how you can make a privacy-related complaint; and

  • our complaint handling process.

d) You must read and understand the Askable Privacy Policy before accessing or using the Platform and Services.  We may update or change the Askable Privacy Policy without informing you; however, if any updates or changes may affect your rights or expectations of privacy, we will provide notice at your next account log-in.

e) By using our Platform, you agree to keep confidential, and not use or disclose (or permit any unauthorised use or disclosure of) any of our confidential information or the confidential information of a Client or Participant without the relevant party’s prior written consent, except where required by law.

f) From time to time you may be required to sign additional confidentiality agreements with a Client to keep their business information secure, private and confidential. This is an agreement between the Participant and the Client and is not part of any Askable process. Askable will not be held responsible for any breaches in confidentiality between the Participant and the Client.

g) Notwithstanding any terms of this document, we will act in accordance with our obligations under the Privacy Act 1988 (Australia) (“Privacy Act”), or other relevant data protection laws, as they may be from time to time.

Client

5 Client Registration

Key Points:  You must register an account with us to use some parts of our Platform.  We may review your request before creating an account for you.  

You must use your own information when setting up an Account; and are responsible for how it is used.  We may use your information to get in contact with you about your Account.

a) You must register on the Platform and create an account (“Account”) to access the features on the Platform.  Clients can register an account on the askable.com and everask.com sites.

b) You must provide basic information when registering for an Account including Represented Entity name, authorised contact person name, authorised contact person email address, and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.

c) We may review your request for an Account before approving the request, and we may request additional information from you. If you do not provide us with information we reasonably request, we may refuse to create an Account for you.

d) You will be responsible for effecting and maintaining, and if requested providing us with details of evidence of any, public liability insurance, product liability insurance or any other insurances that may be relevant to the Project or required by law.

e) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

f) You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

g) You will immediately notify us of any unauthorised use of your Account.

h) At our sole discretion, we may refuse to allow any Represented Entity or their authorised contact person to register or create an Account.

i) You acknowledge and agree that by creating an Account and subject to our Privacy Policy, we may send, and you may receive, emails, SMS, push notifications, phone calls or any other communication from us or from third parties, relating to the Platform, including your use of the Platform and relevant Projects or Bookings (including marketing materials). You may manage your Account and communications settings, including by unsubscribing to any notifications from us, through your Account settings.

j) Authorised contact persons of a Represented Entity should refrain from using the log-in or other credentials of other authorised contact persons as this is against our Terms. Each User should have an individual Account to operate and make use of the Platform.

k) Clients may be subject to a vetting process before they can register an Account and during their use of the Platform, including but not limited to verification of identity of authorised contact persons, using third party services as appropriate and in compliance with the law.

6. Prohibited Conduct

Key Points:  You must not do anything unlawful when using our Platform and Services.  Don’t use our Platform or Services to defame, harass or threaten any person; tamper or change our Platform; or offer a research project to Participants that you cannot provide.

You must not use our Platform to find Participants and/ or a +Researcher, and then complete the Project outside of the Platform.

a) You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform (including any laws that apply to a relevant Project or Project Activities); anything which we would consider inappropriate; or anything which might bring us or our Platform (or any Client or Participant) into disrepute, including (without limitation):

  • anything that would constitute a breach of an individual’s privacy (including uploading, disclosing or selling private or personal data without an individual’s consent) or any other legal rights;

  • circumventing the requirements set out in clause 8 of these Terms as regards privacy;

  • using our Platform to defame, harass, threaten, menace or offend any person;

  • obtaining or attempting to obtain any materials or information through any means not intentionally made available through our Platform;

  • interfering with any user using our Platform;

  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

  • anything that might violate any local, state, national or other law (including any anti-discrimination law) or regulation or any order of a court, including, without limitation, tax regulations;

  • using our Platform to find a Participant and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;

  • using our Platform to find an +Researcher and then completing research study independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;

  • as a Client, offering any Project that you do not intend to honour or cannot provide;

  • using our Platform to send unsolicited messages; or

  • facilitating or assisting a third party to do any of the above acts.

7. Platform Responsibilities of Clients

Key Points: You can only use our Platform in accordance with the Terms. You are responsible for your use of the Platform and must abide by laws relevant to you when using the Platform, such as privacy, intellectual property, recording and export control laws.

a) You may only use the Askable Platform and its Services pursuant to these Terms.

b) Unless you register an account with us, you may not use certain features of the Platform and Services, or access, download, display and/ or copy any content made available the Platform.

c) You are responsible for your Represented Entity’s use of the Askable Platform and Services and shall abide by, and ensure compliance with these Terms and all laws in connection with your, your facilitator’s and/ or observer’s uses of Platform and Services. This includes, but is not limited to, laws related to recording, intellectual property, privacy and export control. Askable assumes no responsibility or liability for violations of these Terms or relevant laws arising from your use of our Platform and Services.

d) If You become aware of any violation of these Terms in connection with the use of the Platform and Services by any person, you must contact Askable at contact@askable.com without delay. We may investigate any complaints and violations that come to our attention and may take any (or no) action that we believe is appropriate including, but not limited to: issuing warnings, removing or deleting any content or terminating accounts and/or Client profiles.

Key Points:  You may be charged fees for using our Platform and Services.

e) You agree that Askable may, with prior notice to you, charge a fee associated with your use of our Platform and Services to your credit balance or credit card or other payment mechanism selected.  Askable may change prices at any time, including changing from a free service to a paid service and charging for your use of our Platform and Services where any applicable free trial period has expired. Askable will provide you with an opportunity to cancel your Account.

Key Points:  Askable is not responsible for any information or content communicated during your use of the Platform and Services.  You must comply with legal requirements relating to that content, such as obtaining required consent from Participants.

We will maintain reasonable safeguards to prevent unauthorised access and disclosure to your information and content on the Platform.

f) Under no circumstances will Askable be liable in any way for any data or other content communicated during your use of our Platform and Services, including but not limited to, any unforeseen content or material arising in preparation for or during interviews or other Project Activities you undertake with Participants via our Services, errors or omissions, any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to content.

g) You agree that you are solely responsible for the content (which may include matters of material interest to the Represented Entity) stored, sent or transmitted by you or displayed or uploaded by you in using our Platform and Services and for compliance with all laws pertaining to the content. This includes but is not limited to, laws requiring you to obtain the consent of a Participant or other third-party to use the content and to provide appropriate notices of third-party rights.

h) You retain copyright and any other rights you already hold to content which you submit, post or store using our Platform and Services.

i) We will maintain reasonable physical and technical safeguards to prevent unauthorised disclosure of or access to content stored, sent, or transmitted by you in your use of our Platform and Services. We will notify you if we become aware of unauthorised access to content. Askable will not access, view or process content except (a) as required to meet our obligations under these Terms (such as, as required to provide our research testing services, and otherwise to ensure that quality, user experience and technical deliverables are meeting normal product expectations) and our Privacy Policy; (b) as authorised or instructed by you; or (c) as authorised or required by law.

Key Points:  Askable complies with privacy laws when providing recording services, and obtains required consents prior to recording.

j) Askable undertakes all reasonable steps to ensure compliance with all laws, including in relation to recording and privacy. Where we provide interview recording services (such as Askable Live), we will ensure that all Participants and Clients, including relevant research facilitators or observers, are aware that they are being recorded and that recordings may be reviewed, downloaded, stored, repurposed, edited and /or used in other media belonging to the Client.

k) Before Participants are recorded, they must agree to be recorded through the relevant Askable consent process, which may be provided to a Participant electronically. If any party does not want to be recorded, they can choose to cease participation. Any Participant that does not agree to be recorded will be treated as a “no show” and will not receive the Client’s Incentive payment for the session.

Key Points:  The Client is responsible for their team members use of their account, and must ensure that users adhere to privacy laws when accessing recordings and content accessible from the account.

Askable is responsible for our certified researchers use your Client Accounts, and takes steps to ensure that they only use your Account in providing our Services.

I) All Client team members who have access to your account, have access to the Client’s content available on the Platform, including (but not limited to) recordings of interviews and other Project Activities, short video responses, participant information, and research study outcomes and reports. It is, therefore, your responsibility to make them aware of the statutory privacy requirements incumbent on the Represented Entity, including pertaining to video, audio or audio-visual recordings involving Participants, observers and/or other invited third-parties.  This includes ensuring awareness amongst the Client’s team about these Terms.

m) Askable is responsible for our certified researchers (i.e., +Researchers) use of your Account where they provide research services on your behalf (i.e., when providing our Askable+ service).  Our certified researchers may use your Account to create Bookings, screen and book Participants, message Participants, and otherwise undertake Project Activities as required for each Project in connection with our Services.  Askable takes reasonable steps to ensure that our +Researchers only use your Account for the purpose of providing our Services, and not for any other purpose.

Key Points:  Askable takes steps to ensure that its +Researchers keep your information confidential, when undertaking research on behalf of the Client.

n) Where Askable provides research services on behalf of the Client (i.e. as part of our Askable+ service), Askable undertakes reasonable steps to ensure our +Researchers keep information in relation to Projects confidential.  This includes all written and oral information and materials disclosed or provided by Clients, including all information related to Projects; Client Intellectual Property, marketing and development information, business operations, products, production processes, service information, and computer code and technology information; and Participant information.

o) Recordings, including video, audio and audio-visual files, and other content will be retained by Askable in accordance with the timelines set in our Privacy Policy and will then be securely disposed of, deleted or erased. Askable will notify the Client regarding any impending deletion to allow time for downloads or copying to another media by the Client or research team member.  Askable does not assume any responsibility for retention of any content or communications via our Services beyond these timelines.

Key Points:  You must not use our Platform and Services to record content that is harassing, threatening or indecent or break any laws.  You must not damage or tamper with our Platform and Services; reproduce or sell any part of the Platform; or allow a third party to use our Services through your account.

p) You agree that you will not use, and will not permit any use of, our Platform Service to (a) record content that is harassing, libellous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages a criminal offense; (b) engage in any activity or use our Platform and Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Askable Platform; (c) use our Platform Services in violation of any Askable policy or in a manner that violates applicable law, including but not limited to anti-spam, data, privacy, and anti-terrorism laws and regulations and other laws requiring the consent of subjects of audio and video recordings, and you agree that the Client’s Represented Entity is responsible for compliance with all such laws and regulations.

q) You may not reproduce, resell, or distribute any aspect of our Platform and Services as a tool or feature. You may not offer or enable any third parties to use our Platform and Services through access purchased by you, display it on any website or otherwise publish our products and tools or any content (other than content created by you) or otherwise generate income from our Platform and Services.

Key Points: Askable owns its Platform and Services.  We provide our Platform and Services ‘as is’ and cannot promise any specific results from your use of our Platform and Services.

r) Askable Pty Ltd retains ownership of all proprietary rights in our Platform and Services and in all trade names, trademarks, service marks, logos, and domain names associated or displayed with our Platform and Services. You may not frame or utilise framing techniques to enclose any Askable marks, or other proprietary information (including images, text, page layout, or form) without our express written consent.

s) You understand and agree that the Askable Platform and Services are provided "as is" and Askable Pty Ltd expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

t) We cannot guarantee and do not promise any specific results from your use of our Platform and Services. We make no warranty or representation regarding the results that may be obtained from your use of our Platform and Services, regarding the accuracy or reliability of any information obtained through our Platform and Services or that our Platform and Services will meet your specific requirements, or be entirely uninterrupted, timely, secure or error free. Any material and/or data downloaded or otherwise obtained through your use of our Platform and Services is at your own discretion.

8. Privacy

Key Points: You are responsible for the personal data collected and processed by Askable on your behalf.  You have the responsibility of complying with relevant privacy laws.

a) Where a Client conducts research using the Askable Platform and Services to collect and process the personal data of Participants: 

  • The responsibility of ensuring compliance with the privacy law that applies to the Represented Entity lies with the Represented Entity, including the Client; specifically:

    I.
    The Client may be required to issue an appropriate ‘collection statement’ (also called a ‘privacy notice’) in accordance with the privacy law that applies to the Represented Entity, and
    II.
    Having regard to the Represented Entity’s ‘collection statement’, the Client should only use or disclose the Participant’s personal data in a manner consistent with the data protection law that applies to the Represented Entity, and
    III.
    In accordance with the data protection law that applies to the Represented Entity, the Client may be required to collect an appropriate form of consent for the collection, use or disclosure of certain personal data of a Participant.
  • We are not liable for unauthorised access, use, disclosure or loss of personal data made in error by the Client or Represented Entity resulting from the Client’s access and use of the Platform and services generally; and

  • A Client’s failure to use, or a decision to disable, any privacy enhancing features of the Platform, services or tools is at the Client’s own risk and liability.

b) Where a Represented Entity asks us to interrogate or audit the Platform in order to fulfil an obligation set out in the privacy law that applies to the Represented Entity (e.g. where investigating a data breach event), we will assist in a manner consistent with these Terms and our obligations under Australian privacy law or other data protection laws as applicable.

c) A Represented Entity may seek clarification of these Terms and our approach to privacy as set out in the Privacy Policy (e.g. where the Represented Entity is conducting a Privacy Impact Assessment to fulfil an obligation set out in the privacy law that applies to them). This cannot and does not alter or limit these Terms.

d) Where a Represented Entity seeks to enter into an agreement with Askable in respect of privacy to fulfil an obligation set out in the privacy law that applies to their Represented Entity (e.g. a Data Processing Agreement, or some other agreement), any such agreement cannot and does not alter or limit these Terms.

9. Fees and Payments

Key Points: You must pay fees to access and use some functions of our Platform and be provided with our Services. Payment will be processed by credit card or in accordance with the payment method on your invoice.

a) It is free to register an Account on the Platform. Clients may access and use some features of the Platform without charge, such as to create a Booking, or for other Users to review content on the Platform, including Bookings.

b) Askable will charge the Client to access and use some functions of the Platform and to provide its Services.  A Client must pay the relevant fees set out in the Platform, which may include the amount equivalent to a recruitment fee, the participation Incentive, fees for our Services and/ or any applicable credit card processing fees (“Fees”) for each Booking of a Participant. 

c) Askable uses a credit system, whereby Clients can purchase Askable Credits up front and use the Credits to book research sessions with Participants.  Details regarding Askable Credits are discussed at Section 10.

d) Payment, including for the purchase of Credits, will be processed: (i) immediately by credit card or (ii) in accordance with the payment method and payment dates set out in the relevant invoice issued by us. The Client agrees to submit any disputes relating to the Fees to us within 7 days after the date the Fees became due and payable to us.

e) Unpaid or overdue invoices may be deducted or offset against credit balances held within the Client’s account or its related entities.

f) The Client may not offer a Participant an Incentive greater than $1,000.00 AUD per Project, unless otherwise agreed with us in writing before posting the Booking.

10. Askable credits

Key Points: You can purchase Askable Credits, which are used to book sessions with Participants.  Additional credits will be charged for sessions that last longer than 60 minutes.  Credits will be refunded if a Participant does not show up to the session.  Unused credits expire after 12 months

a) Askable Credits are purchased by the Client for the purpose of simplifying the booking processes and to take advantage of bulk pricing rates when seeking Participants.

b) Credits may be used for engaging Participants for face to face testing; remote testing or quantitative testing.

c) Credits equate to the consolidation of a recruitment fee, an administration cost, a margin and a participant Incentive payment. Askable may vary these proportions either by Booking, job type or Researcher, including the variation of a participant Incentive payment.

d) Credits will be deducted from the Client’s Prepaid Credit balance. For clarity, following order processing, a Prepaid Credit deduction will be processed regardless of who supplies the Incentive.

e) Session times are up to 60 mins in duration. For sessions beyond 60 mins, additional Credits will be charged per Participant, as we are required to increase participant Incentives.

f) The selection of premium Participants, such as small business owners, tradesmen or skilled professionals, is charged at an increased rate, please refer to Askable.com for current pricing and session lengths.

g) Credit refunds will be processed for Participant non-attendance. Due to the costs involved in recruiting a pool of participants for the Booking, refunds may not be processed should the Client choose to reduce the number of Participants at the invitation stage.

h)The Client will ensure that agreed payment terms are not delayed for any reason (including due to the Client’s Represented Entity’s internal processes such as vendor/supplier set up; seeking further approval or the arranging of an official purchase order). Payment is to be made within the agreed terms as set out in the accepted quote.

i)The Client and/or its employee warrants that they have the authority to make purchasing decisions on behalf of their Represented Entity and if paying by credit card that they have the authority to use such card for this purpose.

j) GST is applicable to Australian recruitments. For international Clients Askable will apply the relevant taxation law.

k) From time to time Askable will make marketplace offers to attract new business sales and promote our products. The discounts offered in these promotions cannot be used to vary the price of Prepaid Credits already accepted, purchased or held within the Client’s account.

l) All unused Prepaid Credits will expire 12 months from the date of purchase.

11. Refund and Cancellation Policy

Key Points: You must pay all fees if you cancel a Participant within 12 business hours before a scheduled session.

a) The Fees will be payable by the Client:

  • if the Client unreasonably cancels a Participant Booking within 24 hours from the time the Project is to take place; 

  • if the Client cancels a Participant Booking within 12 business hours from the time the Project is to take place; and

b) If a Client cancels a Participant Booking or order to receive an Askable Service after it has been scheduled, we may, in our absolute discretion, charge the Client a cancellation fee (“Cancellation Fee”) and any reasonable associated costs (including administrative costs, recruitment costs, advertising costs and credit card processing fees), as may be set out on the Platform. If a Client cancels a Participation Request and/or Booking, the Participant has no right to any form of compensation, unless otherwise determined by us.

c) The Client acknowledges and agrees that the general timeframe to book a replacement Participant for a Project is between 6 to 12 business hours. Accordingly, in the case of a Participant’s cancellation of his/her participation request, a Client may use our Platform to recruit another Participant.

d) We agree to provide either a replacement Participant or a credit of the relevant Fee, if the Participant cancels the Booking or does not complete the Project Activities in accordance with these Terms. The Client acknowledges and agrees that, to the maximum extent permitted by law, we will not be liable for any amount (including the Fee) if the Participant was not an appropriate candidate or did not meet the requirements of the Project.

e) The Incentive is only payable from the Client to the Participant for completed Bookings where the Participant completed the Project Activities in accordance with these Terms.

12. Termination

Key Points: You may cancel your Account and end these Terms at any time.  If you cancel your Account, any Bookings or orders will be automatically cancelled and your remaining credits will immediately expire.

If we end these Terms, we will give you 30 days’ notice via email.  We may however, suspend your Account or end these terms immediately, if you breach these Terms.

a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel your Account as a Client, any Bookings will be automatically cancelled and any remaining Credits in your account shall immediately expire.

b) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

c) At our sole discretion, we may suspend your Account (or any false, alias or alternate accounts we reasonably suspect to be you) or terminate these Terms immediately without notice if:

  • you are in breach of these Terms, any applicable laws, regulations or third party rights;

  • as a Client your Bookings at any time fail to meet any applicable quality or eligibility criteria.

13. Insurance

Key Points: We recommend you get appropriate insurance before undertaking research studies.

a) We recommend that the Client or their Represented Entity obtain appropriate insurance for undertaking the Project. If you are a Client and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

14. Participant Registration

Key Points: You must register an account with us to use some functions of our Platform. You must use your own information when setting up an Account, and ensure that it is accurate. We may use your information to get in contact with you about your Account.

a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.

b) It is free to register an Account on the Platform.

c) You must provide basic information when registering for an Account including name, email address, and location and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.

d) You may register for an Account using Google+, or a social media network account (Social Media Account) where we make this functionality available. If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to basic information, information you have permitted the social media network to share with us and any information you have made viewable to the public.

e) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

f) You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions.

g) You will immediately notify us of any suspected or actual unauthorised use of your Account.

h) At our sole discretion, we may refuse to allow any person to register or create an Account.

i) You must read and understand our Privacy Policy before agreeing to these Terms and creating an Account.

j) You understand that, by creating an Account and subject to our Privacy Policy, we may send, and you may receive, emails, SMS, push notifications, phone calls or any other communication from us or from third parties, relating to the Platform, including your use of the Platform and participation in a Project (including marketing materials). You may manage your Account and communications settings, including by unsubscribing to any notifications from us, through your Account settings.

15. Incentives

Key Points: We will pay your for participating in Projects! You will receive payment once we have confirmation of a completed Booking. We will pay you using the payment method that you have chosen.

a) A participation Incentive payment will be made to you once you have completed a Booking. We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor or vendor of any eGift card. Please review any applicable terms and conditions before using your selected payment method.

b) The Incentive will be paid to you once the Client has provided us with confirmation of a Completed Booking. You will have the choice to obtain the Incentive through our third-party payment processor, currently PayPal (or any other payment method set out on the Platform), or by eGift card. The method selected by you may affect how quickly you receive any Incentive from us.

c) If applicable, the eGift card will be sent to you by email. The eGift card will include a unique code which will be required in order for you to redeem the eGift card. The unique code on an eGift card should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if an unauthorised third-party uses your eGift card unique code. eGift cards are not redeemable for cash and cannot be returned to us for a cash refund or exchange. 

16. Limited Payment Collection Agent

Key Points: We accept the payment from the Client on your behalf, and then provide that payment to you. We will only pay the Participant the amount that we have received from the Client.

a) Each Participant appoints us as the Participant’s limited payment collection agent solely for the purpose of accepting the Incentive from the Client.

b) We guarantee payment to the Participant only for such amounts that we have successfully received from the Client in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Participant, we assume no liability for acts or omissions of the Participant and/or the Client.

c) In the event that we do not remit the Incentive as set out in the payment clause above, then to the extent the non-payment was not caused or contributed to by an act or omission of the Participant or the Client, the Participant will only have recourse against us and not the Client directly for the non-payment.

d) We are not an employment service and we are not the employer of any Platform User. We do not engage any User as our contractor. As such, we are not responsible for and will not be liable for any tax payments or withholding, or superannuation payments, or any insurance payable in connection with your use of the Platform. It is a matter for you to arrange your own taxation and superannuation obligations in compliance with Australian law.

17. Prohibited conduct

Key Points:  You must not do anything unlawful when using our Platform and Services.  Do not use our Platform to defame, harass or threaten any person; tamper or change our Platform; or try to obtain information not intentionally made available through our Platform.

You must not use our Platform to find a Project, and then complete the Project outside of the Platform.  You must not set up multiple accounts.

a) You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform (including any laws that apply to a relevant Project or Project Activities); anything which we would consider inappropriate; or anything which might bring us or our Platform (or any Client or Participant) into disrepute, including (without limitation):

  • using our Platform to defame, harass, threaten, menace or offend any person;

  • obtaining or attempting to obtain any materials or information through any means not intentionally made available through our Platform;

  • interfering with any User using our Platform;

  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

  • anything that might violate any local, state, national or other law (including any anti-discrimination law) or regulation or any order of a court, including, without limitation, tax regulations;

  • using our Platform to find a Project and then completing a Booking or transaction independent of our Platform in order to circumvent the Client’s obligation to pay any fees related to our provision of the Platform; 

  • as a Participant, making any Participation Requests that you do not intend to honour;

  • as a Participant, impersonate, operate multiple accounts, duplicate accounts, create false identity accounts, operate other people’s accounts, attempt to trick, hide or cover-up activities or collect multiple Incentive payments by deception;

  • as a Participant, undertaking the Project in the conduct of a business (and not as a private individual);

  • using our Platform to send unsolicited messages; or

  • facilitating or assisting a third-party to do any of the above acts.

b) Askable intends that a Participant who takes part in Project Activities does so as a hobby, and not as their main source of income. Participants must not use the Platform to carry on a business.

18. Participation in Project

Key Points:  When you participate in a Project you must comply with the Client’s instructions, and undertake required tasks.  Complete all work that may be required before the Project.  Act in a respectful manner during the Project, and do not use your phone.

a) A Participant who is accepted to take part in a Project must, in performing the Project Activities:

  • comply with the Client’s or our +Researcher’s reasonable instructions;

  • participate for the entire duration of the Project and undertake all tasks required for the completion of the Project;

  • refrain from taking phone calls or engaging in any other interruptions during the Project;

  • must not haggle, attempt to persuade, annoy, repeatedly request changes to your Booking times, location or eligibility;

  • must not manipulate, make false statements or be untruthful in answering the screening questions in an effort to increase eligibility on the Booking;

  • must have completed all pre-work as required by the Client or +Researcher and have full access to passwords, apps, software, cameras, microphones, devices and any other technology required to fully participate in Project Activities;

  • act in a good, honest, lawful, responsible, respectful and reputable manner, and consistent with the conduct that would be reasonably expected of participants in research projects the same or similar as the Project;

  • keep your own records of any Incentive obtained from the Project;

  • agree to have the relevant Project Activities recorded, including through audio or visual recording devices for research purposes;

  • comply with any relevant laws, including any applicable country taxation laws and regulations (including declaring any Incentive obtained from the Project to the relevant Taxation Office);

  • warrant and represent to us that your participation in performing the Project Activities is undertaken as a hobby (and not as a business) and that you will complete any necessary documents or forms required by us; and

  • agree with any additional terms and conditions of the Client.

19. Confidentiality while participating in Projects

Key Points: The information shared with or provided to you during a research Project is confidential information.  You must keep this information confidential.  You must not share, discuss or sell the information provided during the research Project with your friends or family, or anyone else.

a) When participating in a research Project, the products, concepts, screenshares, apps, prototypes, marketing, use, and discussions represent confidential information of the Client completing the research Project.

b) You agree to adhere to the following confidentiality requirements when participating in any research Project. You agree:

  • to hold in confidence any technical or business information about the Client’s product which is disclosed, or made available to you directly or indirectly, or is information you otherwise receive incident to your participation in the Project; 

  • to not discuss the Client’s technical or business information in public places where it might be overheard;

  • to not discuss, use or disclose the Client’s technical or business information during and after participation in the Project, with any third party including friends and family members;

  • to not give, expose or discuss with anyone the products or concepts shown, described, and/or used by you during the research Project, or discuss your experiences concerning products or concepts;

  • to not sell or offer for sale the products and/or concepts being shown or described to you, or used by you, during the Project; and

  • that any ideas, suggestions, developments or inventions (patentable or not patentable) conceived or contributed by you during or as a result of the research Project, shall be the property of the Client completing the research Project to use in any manner it sees fit.

c) Askable may ask you to read and acknowledge your adherence to the above confidentiality requirements prior to beginning a research study.

20. Platform Responsibilities of Participants

Key Points: You can only use our Platform in accordance with the Terms. Our Platform is not a social media platform.

a) You may only use the Askable Platform and its Services pursuant to these Terms.

a) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

c) Your access to the Platform may be terminated without warning if we believe that you are under the age of 13, between the ages of 13 and 18 without consent of your parent or guardian, or are otherwise ineligible.

d) The Platform is intended to facilitate your participation in interviews and other Project Activities. It is not a Social Media platform or general-use video-conferencing platform and is not to be used as one.

Key Points: You agree to let the Client store, copy or publish information about you and recordings of you. We will take steps to make sure you are aware that you are being recorded. We may require your consent before you participate in Project Activities that are to be recorded.

e) As a Participant, you give permission to the Client and their Represented Entity to publish, reproduce, store or otherwise name, provide details, voice, likeness in video, photographs, screen shots, written materials, and audio-visual recordings as gathered via the Askable Platform and tools. These materials may be used for a range of commercial purposes of the Client. Participant’s content may be edited, copied, exhibited, published and/or distributed. The content may be used individually or in conjunction with other media in any medium, including without limitation to print publications, digital publications, research reports and/or public broadcast for any lawful purpose. There is no time limit on the validity of this release nor are there any geographic limitations on where the content may be distributed or used.

f) We will take reasonable steps to ensure you are well informed and instructed prior to your participation in Projects and Project Activities where they are facilitated by the Askable Platform and tools. You must carefully follow the instructions provided by Askable.

g) Askable undertakes all reasonable steps to ensure compliance with all recording and privacy laws. We will ensure that all Participants are aware that the response is being recorded and may be reviewed, downloaded, stored, repurposed, edited and /or used in other media belonging to, or accessible by, our Clients.  In certain instances, we may require your consent for you to be recorded as part of Projects and Project Activities.

h) During recorded interview or video sessions, where any Participant that does not agree to be recorded immediately prior to or during the session will be marked as a “no show” and will not receive an Incentive payment for the session.

i) Participants may, at any time, discontinue their involvement in an interview or other Project Activities facilitated though the Askable Platform and tools. 

j) We take no responsibility for any of your behaviours, conversations or other information inadvertently recorded via the Askable Platform and tools (or viewed or made otherwise accessible to a Client) due to your incomplete following of instructions, missteps in following instructions or a failure to follow instructions.  

Key Points: Where our certified researchers (i.e., +Researchers) undertake Projects and Project Activities, we ensure that they keep your information confidential.

k) Where Askable provides research services on behalf of our Clients (i.e. through the Askable+ service) Askable undertakes reasonable steps to ensure +Researchers keep information in relation to Projects (and Participants) confidential. This includes personal data of Participants provided as part of undertaking Projects and Project Activities.

Key Points:  Your use of the Askable Platform is voluntary.

l) Your use of the Askable Platform and the risks that it may entail (be they legal, physical, or mental) is entirely voluntary and you release Askable Pty Ltd from any claims, demands, losses, damages, suits, and liabilities of any kind whatsoever in connection with your use of the Platform.

21. Cancellation Policy

Key Points: You will only be paid for Projects that you complete.

a) The Incentive is only payable to the Participant for Completed Bookings where the Participant completed the Project Activities in accordance with these Terms.

22. Termination

Key Points: You may cancel your Account at any time through the “Cancel Account” feature on the Platform. If we end these terms we will give you 30 days’ notice. We may however, suspend or cancel your Account immediately if you breach these Terms.

a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Participant, any Bookings will be automatically cancelled, and the Client will not be responsible to pay (or will receive a full refund of) the applicable Fees. 

b) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

c) At our sole discretion, we may suspend your Account (or any false, alias or alternate accounts we reasonably suspect to be you) or terminate these Terms immediately without notice if:

  • you are in breach of these Terms, any applicable laws, regulations or third party rights;

  • as a Participant, we have received complaints about you including as to repeated cancellations, no-show attendance of Bookings, failure to follow directions, failure to undertake the Project Activities or failure to respond to communications from the Client.

23. Exclusion of competitors

Key Points: You may not use our Platform in a way that competes with our business.

a) You are prohibited from using our Platform, including the information and materials available on it (including information of Participants or Clients) (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

24. Information

Key Points: The Content on our Platform is for general purposes only. It is not advice.

a) The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice.

25. Intellectual property rights

Key Points: We own the Askable Platform and the content of the Platform. You must not alter or change any part our Platform or Content; or sell or publish any part of our Platform.

a) Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content (including information of Participants and Clients). Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content (including information of Participants and Clients). You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

  • copy or use, in whole or in part, any Content;

  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

  • breach any intellectual property rights connected with our Platform, including (without limitation) by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

b) If you hold a reasonable view that our Platform may infringe any of your intellectual property rights, you may contact us to request such infringing materials to be removed and we will use reasonable efforts to respond to your request within a timely manner. You acknowledge and agree that in our effort to protect the intellectual property rights of third parties, we reserve the right to suspend your Account or delete or disable infringing material.

26. Third party sites

Key Points: Our Platform may include links to other websites operated by third parties.  We are not responsible for these websites.

a) Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

27. Discontinuance

Key Points:  We may remove some or all of our Platform without providing you notice.

a) We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

28. Consumer guarantees

Key Points:  These Terms do not change your consumer rights.

a) Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

c) The goods and services provided by a Client and/or Participant might also confer you certain Statutory Rights.

29. Warranties, disclaimers and indemnity

Key Points: We make no warranties that out Platform is complete or accurate, or that access will be uninterrupted. You use our Platform at your own risk.

a) To the extent permitted by law, we make no representations or warranties about our Platform, the Content, User Content, Clients, Participants, Projects, Project Activities or Bookings including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

  • access will be uninterrupted, error-free and free from viruses; or

  • our Platform will be secure.

b) You read, use, and act on our Platform, Services and the Content at your own risk.

30. Limitation of liability

Key Points: Askable will only be liable for the fees that you have paid to us in the 12 month period before an event that gave rise to a liability.

Askable is not liable for acts of arising from your use of the Platform; an outage or error on the Platform; compromises to the Platform; or disputes between Clients and Participants.

(Despite anything to the contrary, to the maximum permitted by law)

a) Our maximum aggregate Liability arising from or in connection with these Terms (including the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of the fees paid by you to us during the 12-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and

b) Neither party will be liable for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, any consequential losses whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

  • event or circumstance beyond our reasonable control (including natural events such as fires, or events that may occur in the location where the Project and/or Project Activities take place);

  • acts or omissions of you or your personnel, including the Project conducted by the Client (and any sexual harassment occurrences, harmful occurrences or occupational health and safety events) and the Project Activities performed by the Participant, at any location where the Project and/or Project Activities take place;

  • any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;

  • any compromise to the security of our systems or yours, any data breaches or hacks, unauthorised access to the Platform by bad actors, malware or spyware, phishing attacks or cyber fraud, except to the extent caused by or contributed by our willful or negligent act or omission;

  • third party sites or services linked to/from our Platform;

  • unauthorised use or access to any of your information, including personal data, except to the extent caused by or contributed by our willful or negligent act or omission;

  • use of the Platform and/or Content;

  • use of or reliance on the User Content, the Clients or the Participants;

  • tax obligations that may arise from your use of the Platform;

  • disputes arising between the Client and the Participant;

  • interaction you have with other users whether in person or online;

  • any injury, death or loss to any person (including any injury, death or loss suffered or incurred by any person who is travelling to or from the Project Location and participating in the Project Activities);

d) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

31. Indemnity

Key Points: Askable is indemnified from any loss, liability of claim made by a third party due to or arising from your use of the Platform in violation of these terms.

a) To the maximum extent permitted by law, you agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents and employees from and against any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Platform in violation of these Terms, any breach of the representations or warranties you make in these Terms, or your Content on the Platform. You agree to be solely responsible for defending any claims against or suffered by us, subject to our right to participate with counsel of our own choosing. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

32. Interaction with other parties

Key Points: You should be cautious and use common sense when interacting with people you meet via the Platform. We cannot confirm that any user on the Platform is who they claim to be.

a) We cannot confirm that any user on the Platform (or any third party, employee or contractor engaged by a user) is who they claim to be. When interacting with other people you meet via or on the Platform, whether online or in person, you should exercise caution and common sense to protect your personal safety, personal data and property, just as you would when interacting with other persons whom you do not know. We are not responsible for the conduct, whether online or offline, of any user of the Platform (or any third party, employee or contractor engaged by a user) and you hereby release us, our employees, officers, directors and affiliates, from any liability arising in connection with that conduct.

33. Disputes

Key Points: We encourage Clients and Participants to resolve disputes with others directly in writing.

a) We encourage Clients and Participants to attempt to resolve disputes with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) the parties agree that the Dispute shall be resolved by arbitration in accordance with the Australian Dispute Centre’s Rules for Domestic Arbitration.

34. Assignment

Key Points: You may not transfer your rights and obligations under these Terms to anyone else.

a) You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.

35. Severance

Key Points: If some provisions in these Terms are held to be invalid or unenforceable, the other provisions will continue to be valid and enforceable.

a) If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

36. Jurisdiction

Key Points: Your use of the Platform and these Terms are governed by Queensland laws.

a) Your use of our Platform and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

b) Our Platform may be accessed throughout Australia and overseas. While we have made reasonable efforts, we make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:
Askable Pty Ltd t/a Askable (ABN 72 621 754 096)
Email: contact@askable.com

Last update: October 2021