Finder Case Study Survey Terms and Conditions

Finder Case Study Survey Terms and Conditions | July 2023

Finder is giving away a $50.00 Mastercard Gift Card to each survey participant featured as a case study in media published on the Finder website, social media accounts and/or other media channels.

Overview

1. These Terms and Conditions ("Terms") govern your participation in the Finder Survey and Finder Case Study (as defined in clause 4 below).
2. Your understanding and acceptance of these Terms (and agreement to be bound by them) is deemed by your decision to participate in the Finder Survey and/or Finder Case Study.
3. These Terms are intended to be legally binding and are entered into by the participant pursuant to clause 2 above ("you" or "your") and Hive Empire Pty Ltd (ABN 18 118 785 121) ("Finder", "we", "us" or "our"), with its offices at Level 10, 99 York St, Sydney, NSW 2000.

How to participate

4. Complete the survey in the Finder App to share your feedback, experiences and opinions regarding personal wealth and finance management ("Finder Survey"), for the chance to be featured in a related case study in media published on our website, social media accounts and/or other channels selected by us ("Finder Case Study").
5. Inclusion of any responses, information, suggestions, ideas, material and/or feedback ("Content") given by you in the course of the creation of the Finder Case Study is not guaranteed and whether any Personal Media (as defined in section 11, below) and/or Content are featured is at our sole discretion and invitation only.
6. When you participate in the Finder Survey and/or Finder Case Study, you acknowledge and agree to:
   1. respond to all of our lawful requests and instructions (including but not limited to provision of requested information and/or completion of designated tasks);
   2. where applicable, participate for the full duration of the Finder Case Study, giving it your undivided attention (for example, by refraining from phone calls or engaging with or in any other form of distraction or interruption);
   3. provide truthful and accurate responses to our screening questions and not attempt to manipulate or deceive (including through silence or omission) for the purpose of improving your prospects of successfully meeting our Finder Case Study selection criteria;
   4. act honestly, lawfully, responsibly, respectfully and in a manner that conforms to the standards expected of fit and proper persons in society;
   5. keep your own records of any Incentive received in connection with your participation in the Finder Case Study;
   6. agree to have the relevant activities and communications recorded for the purposes of creating the Finder Case Study, including through audio and visual recording devices; and
   7. comply with any relevant laws, including any applicable country taxation laws and regulations (including declaring any Incentive received to the relevant taxation office).
7. You warrant and represent that:
   1. your participation in the Finder Survey and/or Finder Case Study is for personal purposes only, and not in connection with any business or commercial purpose and that you will complete and/or sign all reasonably required documents or forms related to the same upon our request; and
   2. all Content given by you in connection with the Finder Survey and/or Finder Case Study (i) is your original work and does not (and will not, in the future) infringe the intellectual property rights of any third party; and (ii) has not been previously published, won any award or received any other form of recognition.
8. You agree to indemnify us and keep us indemnified against all claims and costs incurred by third parties arising from a breach of the warranties in clause 7(2) of these Terms.
9. You agree to assign all proprietary rights (including any intellectual property rights) you have in the Finder Survey and, where applicable, the Finder Case Study (including the Content).
10. You acknowledge and agree that, as the sole and exclusive owners of the Content, we have the unrestricted and indefinite right to:
    1. use the Content worldwide in any media, including but not limited to, the right to exhibit, publish, display, distribute and transmit any electronic, audio and/or optical version of the Content, by any means (including, without limitation, printed publications, digital publications, research reports and public broadcasts on our website and social media accounts);
    2. edit, condense, abridge, copy, reproduce, store, excerpt from, and summarise the Content, including accompanying or compiling the Content with photographs, videos, charts, illustrations, text and/or other works, in connection with the exercise of any of our rights in this clause 9.
11. You grant us permission to use your name, story, pseudonym, voice, likeness, image and/or other biographical information personal to you ("Personal Media") in the Content for any lawful purpose which may include but is not limited to:
    1. research and analytics;
    2. training and education;
    3. promoting and advertising our brand, products, services and applications (and those of our partners); and
    4. developing and improving our products, services and applications.
12. In furtherance of clause 11, you waive:
    1. any right to review or approve any finished product that includes the Personal Media;
    2. any right or interest in the copyright (including any and all moral rights) to the Personal Media now or at any future time; and
    3. any right to royalties and any other compensation in connection with the Personal Media.
13. Pursuant to clause 11, you acknowledge and agree that:
    1. no compensation is required to be provided by us in exchange for the permission granted under clause 11 and waiver of rights under clause 12; and
    2. your personal information will be handled in accordance with the Finder Privacy Policy; and
    3. all intellectual property rights (including copyright) of the Personal Media are owned by us.
14. We will use reasonable endeavours to ensure that the Finder Survey and Finder Case Study will comply with applicable laws (including the Privacy Act 1988 (Cth)).
15. Where you are selected and agree to participate in the Finder Case Study, we agree to proactively inform you of any recording prior to its commencement.
16. You are not obligated to do anything (including participate) in relation to the Finder Survey and/or Finder Case Study. You are entitled to withdraw and cease your participation at any time upon notice to us.
17. You warrant and represent to us that your participation in the Finder Survey and/or Finder Case Study is on an entirely voluntary basis, and with the knowledge of the legal, physical and mental risks involved. You agree to fully release us and our affiliates from any claims, demands, losses, damages, suits, and liabilities of any kind whatsoever arising out of or in connection with the Finder Survey and/or Finder Case Study.

Incentive

18. As a reward for being featured in a published Finder Case Study, we will provide you with a Mastercard Gift Card to the value of AUD$50.00 ("Incentive").
19. We are not required to provide the Incentive to you where you participate during the development of the Finder Case Study but are not featured or included in the end product that we publish.
20. Any cost associated with completing the Finder Survey and/or participating in the Finder Case Study is your sole responsibility.
21. You acknowledge and agree to abide by the terms and conditions of the provider of the Incentive, including expiry of the Incentive where it is not redeemed by the cut-off date specified by the provider.
22. The Incentive is not transferable and is not redeemable for cash. The Incentive must be taken as stated and no compensation will be paid if a selected Participant is unable to use the Incentive. If the Incentive becomes unavailable, the Promoter may substitute it with an alternative incentive of equal or greater value.
23. You are responsible for any tax consequences arising from your receipt of the Incentive.

Termination

24. We may cancel the Finder Survey and/or Finder Case Study at any time, without notice or liability to you. We will not be required to provide the Incentive to you notwithstanding any participation commenced by you, but not completed due to the exercise of our rights under this clause.

Liability

25. You agree to indemnify us for any loss, damage or reasonable expenses we suffer that arises out of, or in connection with, any breach of these Terms or any improper or unlawful conduct engaged in by you.
26. Any liability arising out of or in connection with these Terms, is limited to the amount of any Incentive we provide to you.
27. We are not liable to you for actual losses or damages to you except to the extent that losses of damages result from our gross negligence or willful misconduct.
28. We are not liable for losses resulting from us failing to comply with our obligations arising from a requirement under law, or any unforeseeable event outside our control, which is unavoidable at the time of occurrence.
29. Under no circumstances shall you have any recourse to take any action, or make any claim against any of our related bodies corporate, directors, officers, employees, contractors or advisers. Any claims are to be only brought against us.
30. We are not responsible for losses arising from the conduct, act or omission of a third party.

Confidentiality

31. You acknowledge that information we share in connection with the Finder Survey and/or Finder Case Study is confidential and agree to keep it secret, and not use or disclose (or permit any unauthorised use or disclosure of) the information without our prior written consent (unless otherwise required by law).

Relationship

32. We are not an employment agency or labour hire business and you are not our employee, contractor, partner or agent. We are independent of each other.

Governing law

33. These Terms are governed by the laws of the State of New South Wales and both you and we submit to the exclusive jurisdiction of the courts in that State.