OPEN MIC TERMS AND CONDITIONS (“T&Cs”)

Last updated September 2024

Welcome to OPEN MIC website (“website”), which is operated by Evolved Insights Pty Ltd (“us”, “we”, “our”) for and on behalf of Seven West Media Limited. Please note that Evolved Insights will be operating the website and conducting the surveys on behalf of Seven West Media and Seven West Media is not a party to these T&Cs. Use of the website is conditional upon OPEN MIC member (“member”, “you”) agreeing to these T&Cs. To the maximum extent permitted by law, Seven West Media is not responsible or liable to you for the content or operation of the website. Evolved Insights holds the benefit of this paragraph, clause 28 and clause 29 on trust for the benefit of Seven West Media.

Membership

1. OPEN MIC is a market research program which Evolved Insights operates in Australia on behalf of Seven West Media to gain insights into Seven West Media’s product offer and services. The program follows the guidelines prescribed by the Research Society’s Code of Professional Behaviour. For more information on this code of practice please visit www.researchsociety.com.au.
   By registering to join as a member of OPEN MIC by clicking ‘I accept the terms and conditions’, responding to surveys or using or attempting to collect, access or enjoy any benefits offered as part of the program, you agree to be bound by these T&Cs in respect of OPEN MIC program. If you select “I do not accept” membership will be denied. To become a member you must be an individual (not a business), 18 years or older and have a current Australian residential address.
2. As a member you are expected to participate in a positive and constructive manner and provide feedback that is accurate, truthful, complete and current. If Evolved Insights determine that you have contravened this clause 3 or the spirit of the program we may, in our absolute discretion suspend or terminate your membership.
3. You must not create more than one member account that represents you. An individual email address can only be linked to one member’s account.
4. You warrant that the Material (as defined in clause 17 below) provided by you will not infringe the intellectual property of any third party or defame the reputation of any third party.
5. We have sole discretion in relation to the member selection and the number of members that will participate in a survey at any given time.
6. Evolved Insights at its sole discretion reserves the right to terminate your membership for any reason.
7. The information that we collect from you, including but not limited to personal information such as your name, email address, Seven West Media customer loyalty ID (“Loyalty ID”), age, gender and postcode are used to match you with appropriate surveys. If you do not provide us with the information requested, you may not be able to participate in the surveys or claim any benefit offered. For example, if you do not provide your Seven West Media customer loyalty ID, you will not be able to receive any rewards offered to members by Seven West Media via its My Seven West Media app from time to time.
8. Evolved Insights collects personal information for research purposes only. Your personal information will not be disclosed to any third parties without your express consent however, you agree that:
   • we may disclose to Seven West Media your survey responses;
   • we may disclose to Seven West Media your Loyalty ID by including it on your survey response if you have consented to the disclosure of your Loyalty ID during your registration to become a member. You will be given an option not to provide your Loyalty ID when you register to become a member;
   • by disclosing your Loyalty ID to Seven West Media in accordance with this clause 8, your survey responses will not be anonymous.
9. For details on how Seven West Media manages your personal information please visit https://www.sevenwestmedia.com.au/privacy-policies/.
10. From time to time, we may request information about your household members. By agreeing to these T&Cs, you confirm that you have obtained the appropriate consent from the relevant members to provide personal information to us on their behalf.
11. We may from time to time, run competitions on behalf of Seven West Media for members. In order to participate in a competition, you may be requested to accept the terms and conditions associated with that competition.
12. You may cease to be a member at any time by clicking the ‘My Account’ tab then the ‘Profile’ button and click ‘Unsubscribe’.
13. If you wish to update your member account details, you can do so in the ‘My Account’ tab on OPEN MIC website.
14. You must take steps to secure your member account credentials. You are responsible for ensuring that your password is kept secret and secure, and you must not allow anyone else to access your member account using your password.
15. We are entitled to assume that the person who logs into your member account with the correct password is you and we are not responsible for any unauthorised activity on the website (including any loss or damage) by such person. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

Changes to T&Cs

16. We may change, suspend or terminate these T&Cs including OPEN MIC program itself at any time without notice. Except we will provide you with 21 days’ notice prior to any material changes to these T&Cs that have an adverse impact on you as a user of the website unless we are not reasonably able to do so in which case, we will notify you as soon as practicable. The most current version of these T&Cs will be published on the website. Use of the website or participation in any surveys after the changes have been made, and you have been made aware of the change in accordance with this clause 16, will be deemed an acceptance of the change

Ownership of website content

17. You acknowledge and agree that as condition of becoming a member all content published on or submitted via the website or contributed during the course of your membership or resulting from your participation, including but not limited to, written content, comments, opinions, compliments, messages, symbols, graphics, images, logos, posted by members or otherwise made available by members and all material and data generated by or on the website as result of your participation (“Material”) is owned by us or Seven West Media. To the extent that the ownership in the Material or any part thereof cannot be transferred to us or Seven West Media for any reason whatsoever, as condition of becoming a member you licence and grant us (or Seven West Media as the case may be) a exclusive, royalty free, perpetual, worldwide, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish and display the material for any purpose including but not limited to future commercial, promotional, marketing or publicity purposes in any media, without compensation restriction on use, attribution or liability.
18. You acknowledge and agree that you are solely responsible for all material and content submitted by you. We shall not be liable in any way for the material to the full extent permitted by law.
19. You acknowledge and accept that you must not post, upload nor transmit content that infringes or otherwise violates any copyright, trademark, trade secret, privacy right or any other intellectual property (past, present and future) or proprietary or legal right of any other party.
20. You agree not to post or upload any content that:
    • transmits viruses or any other technologies that may harm us, a member or any user of the website;
    • compromises the security of the network or website;
    • interferes with the proper working of the website;
    • distributes spam or unsolicited electronic communications; or
    • in any manner transmits unlawful, threatening, harassing, abusive, false, inaccurate, misleading, defamatory, obscene, vulgar, profane, objectionable, indecent or offensive information.
21. You acknowledge and agree that:
    • we at our sole discretion reserve the right to review, decline to publish or delete any Material without notice for any reason whatsoever in whole or in part; and
    • any comments, suggestions, or recommendations you may receive from us or others as part of the membership may not be suitable, accurate or complete and you must not rely on them in a way which may give rise to any loss or damage. If you intend to rely on anything in connection with the membership, your reliance will be based solely on your own judgement, including as to the extent to which you should obtain or use any benefits offered.
22. You acknowledge and agree that there may be:
    • acts, errors or omissions by us in the course of providing surveys or benefits offered;
    • a suspension or termination of OPEN MIC program, including the ability of members to respond to surveys and enter competitions;
    • corruption or loss of data; and
    • delays in issuing you with or non-issue to you of, any surveys or benefits offered.

Intellectual Property

23. The website and its underlying content, including but not limited to, its design, names, logos, images identifying Evolved Insights, Seven West Media or Seven West Media’s third-party suppliers and their products or services are proprietary marks, and no use should be made without prior written consent. The names, images and logos identifying Seven West Media and its products and services are proprietary marks and no use should be made without prior written consent of Seven West Media.
24. You acknowledge that no title or interest to us, Seven West Media or our respective intellectual property rights is transferred to you, and you agree to make no claim of interest in any such rights including the website, any content published on the website resulting from your participation or any data generated by the website as result of your participation,
25. All improvements to the website will be owned by us (or related third parties of us or approved by us including licensees or licensors), and all intellectual property rights in the improvements will vest in us upon creation. We are entitled to all benefits associated with the improvements including benefits which arise from the commercialisation or exploitation of the website and the content and associated intellectual property rights and/or the improvements.
26. The website uses proprietary software owned or licensed by us, or a related third party. You are being granted an individual, limited, non-exclusive, non-transferable licence or right to use the software subject to these terms and conditions. You are expressly prohibited, directly or indirectly, from attempting to discover the source code or reverse engineer underlying algorithms, or technology of the software; renting, leasing, selling, assigning, or transferring rights to the software; modifying or making derivative works based on the software; or using the software in any service or sharing capacity.
27. You warrant that:
    • you will not submit any Material that is unlawful or fraudulent, or that we may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    • the content and material contributed by you will not contain viruses or cause injury or harm to any person or entity;
    • you will obtain prior consent from any person or from the owner(s) of any property that appears in the content or material provided by you;
    • all content and material provided by you is the original artistic work of the member that does not infringe the rights of any third party;
    • you consent to any use of the Material which may otherwise infringe the Material creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that you have the full authority to waive these rights; and
    • you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Limitation of liability

28. To the maximum extent permitted by law (and subject to your statutory rights under the Australian Consumer Law) in no event will Evolved Group or Seven West Media or their respective directors, employees, contractors, agents, partners or any other party involved in creating, publishing, hosting, supporting or maintaining the website, be liable for any loss, cost or damage, including indirect or consequential loss:
    • under contract, tort or otherwise suffered or arising under or in connection with these T&Cs;
    • in connection with your member account or your use of or inability to use the website; and
    • in connection with any of the matters listed in clause 22,
    except in each case, to the extent that any such loss or damage arises from our negligence, wilful misconduct or fraud, in which case each of our liability will be limited to the maximum extent permitted by law.
29. Subject to your statutory rights under Australian Consumer Law, to the maximum extent permitted by law, where either Evolved Insights or Seven West Media is liable to you for any loss, damage, liability or expense arising under or in connection with these T&Cs and/or your use of or inability to use the website (for any reason) and/or warranties as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us pursuant to these T&Cs, whether express or implied by statute, their respective liability is limited to:
    • re-supplying the goods or services or repairing or paying for the costs of repair of the goods; or
    • reinstating the benefits offered as part of the program, in dispute.

Disclaimer of warranties

30. We expressly disclaim all warranties, representations, endorsements or guarantees (express or implied) regarding the website and the content on the website including without limitation, any warranties with respect to any results that may be obtained from the use of the website.
31. We do not expressly or impliedly, warrant or guarantee or give any undertaking or representation as to the following:
    • that the website is free of infection by viruses or other contaminating or destructive characteristics;
    • that the website or features or functions of the website, methods of communication or transmission, or your access to the website will be uninterrupted, or error free, or virus free;
    • rectification of any defect;
    • continuous or secure access to the website.
32. We are not responsible for any content, postings, uploads, reviews or comments made by any member. We do not endorse any content, postings, uploads, reviews or comments made by any member.

Indemnity

33. You release and indemnify us in respect of and against any claims, demands, threats, actions, losses, liabilities, costs, expenses (including, without limitation, legal expenses on a full indemnity basis), damages, account of profits and taxes that may be suffered or incurred by use, directly or indirectly, in connection with:
    • infringement by you of any law or the rights (including intellectual property rights) of us or a third party;
    • actual or alleged breach of these T&Cs by you;
    • disputes between you and a third party;
    • third party charges payable by us as a result of your conduct; or
    • any unauthorised access to your member account or use of the website.
    except to the extent that the loss is directly attributable to the negligence or wrongful act or omission of us.
34. Each indemnity and release in these T&Cs is a continuing obligation and will survive termination of these T&Cs.

Publicity and promotion

35. Except as required by law, all press releases and other public announcements proposed by you relating to the transactions and arrangements dealt with by these T&Cs must be in terms agreed to in writing by us (before the publication or announcement).

Rewards

36. You acknowledge that any benefit (including rewards) awarded to you is at our sole discretion and may change from time to time.

Privacy

37. The collection and use of personal information requested by us to enable and manage your participation as a member of OPEN MIC website will be managed in accordance with Evolved Insights’ Privacy Policy. In becoming a member of OPEN MIC community, accessing your accounts and by using the website, you consent to the collection and use of your personal information for this purpose, and agree to the terms under which we will manage this information as stated in our Privacy Statement and Evolved Insight’s privacy policy available at www.theevolvedgroup.com/privacy-policy.

General

38. These T&Cs together with our Privacy Statement which form part of these T&Cs comprise the entire agreement and understanding between you and us and supersedes any prior agreement or understanding in respect of the subject matter.
39. The laws of Victoria, Australia, govern these T&Cs and you and we submit to the exclusive jurisdiction of the Victorian courts.
40. If any provision of these T&Cs is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these T&Cs will otherwise remain in full force and effect.