Terms and conditions to become an Aisle Watch Sampler.
We would love you to be an Aisle Watch sampler. This means that from time to time you will have the opportunity to sample products and post an online review of the product on one of the Aisle Watch sites (the Sites) which are:
taste.com.au
kidspot.com.au
bestrecipes.com.au
delicious.com.au
By agreeing to participate as a sampler with any of the above Sites, you are agreeing to participate in the Aisle Watch sampler program (Program) on the terms and conditions set out below.
Sampling Program
- News Life Media Pty Limited (ACN: 088 923 906) (News) is the owner and operator of each of the Sites and the Program.
- News may amend these terms (including the list of Sites) at any time by posting changes on this Site. If you use the Site (other than to review the amended terms) or participate in a sampling activity conducted as part of the Program after a change has been posted, you will be deemed to have accepted the new terms. News will include on the Site the date on which it last made amendments to these terms.
Sampling program
- You must be 18 years of age or over to participate in the Program as a sampler.
- News may alter, suspend or discontinue the Program at any time, with or without notice to you, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, News will not be liable to you or to any third party should it exercise such rights.
- News is not obliged to include you in any particular sampling activity which it conducts from time to time.
- If you are selected to participate in any particular sampling activity, you agree that:
a) we may provide your name and contact details to any person involved in the distribution of the relevant products to you so that you can receive the relevant products;
b) you must comply with any directions provided to you in relation to the storage or use of the products; and
c) you will use the products in the ordinary course for which those products are intended.
5. You agree that in some instances we may deliver to you the sample products and in other instances we may provide you with a coupon or voucher and instructions for how to redeem that coupon or voucher for the relevant products. We will make clear prior to selecting participants in a sampling exercise if this sampling activity will involve a redemption process so that you can choose not to participate if that is not convenient for you.
6. If you sample a product you agree that:
a) you will not post a review of the products on the Site or any other site which we direct you to, unless you have used the sample products as supplied to you as part of the Program;
b) we are not obliged to publish your review in whole or in part; and
c) we and the product manufacturer/importer/distributor may:
i. publish your review with or without attributing the comments to your published username or to your first name;
ii. edit your review but not in such a way as intentionally to change the meaning of the review; and
iii. delete your review from publication at any time.
Liability & Indemnity
- News does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. News otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
a) To the extent that News arranges for the distribution of the sample products to you, it does so as a service provider to the manufacturer/importer/distributor of the sample products and you must look to them for liability issues in relation to the sample products; and
b) News will have no responsibility or liability in relation to any loss or damage that you incur arising from your use of the sample products.
2. Where permitted under local law, including the ACL, liability of News, for any breach of a term or condition implied by law is limited at News’ discretion, to the supply of any goods again or the payment for the cost of having any goods supplied again. However, News cannot limit its liability in this manner if you establish that it would not be fair or reasonable for News to do so.
Your reviews
- When you submit your reviews in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content, as supplied or edited, now and in the future and that any such use may or may not attribute you (but if it does it will only use your online published username or your first name) as the author/provider of that review. Without limiting the above, this licence includes the right for News to use your submitted content for commercial and marketing purposes and to permit others to do the same. It also includes the right to include your content in association with any of the Sites and/or the Program regardless of which Site engaged you to participate in the sampling activity or to which Site you posted the content.
- News reserves the right not to use the reviews you submit.
- You warrant that:
a) you have all of the necessary rights, including copyright, in the reviews you post;
b) your review is not defamatory and that it does not infringe any law;
c) your review does not contain material which is likely to be considered offensive, pornographic or indecent;
d) your review is fair, honest, genuine and your own work;
e) you have not received commercial benefit in relation to your review or your participation in the Program; and
f) your review, at the time you send it to News, contains no virus or other code or material embedded in it which will have a negative impact on News’ services or infrastructure or those of its users.
4. You indemnify News against any and all legal fees, damages and other expenses that may be incurred by News as a result of a breach of the above warranty.
5. You waive any moral rights in your reviews for the purposes of its submission to and use by News in accordance with these terms.
General
- News may terminate the Program or cancel any sampling activity at any time without incurring liability to you.
- News may cancel your participation in the Program at any time without notice to you if it reasonably believes that you have breached the terms of the Program or have acted with bad faith in relation to the Program.
- These terms shall be governed by and interpreted in accordance with the laws of the state or territory set out below.
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