TERMS OF SERVICE
“We” are SNA Toolbox Pty Ltd. We operate these websites https://www.snatoolbox.com/ and https://app.snatoolbox.com/ and other subdomains (“Site”) and provide data collection, analysis and reporting services utilising proprietary and third party technologies, known as the SNA Toolbox platform (“Services”).
“You” are an Authorised User of the Site and/or the Services.
1 These Terms
1.1 These Terms of Use (Terms) apply to Authorised Users who access or use the Services to generate surveys and/or collect data from Participants.
1.2 These Terms apply to your use of the Site and Services. To register as an Authorised User, You are required to agree to these Terms of Use. If You do not comply with Terms of Use, your access to the Site and Services as an Authorised User may be revoked.
2 Privacy
2.1 We are committed to protecting the privacy of personal information we collect. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure, storage, and destruction of personal information.
3 User and Participant Content
3.1 We are committed to protecting the privacy of personal information we collect. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure, storage, and destruction of personal information.
3.2 You are responsible for your own Content and Content provided by the Participants. You must ensure You have all the rights and permissions needed to use that Content. We are not responsible for any actions You take with respect to the Content, including sharing it publicly. Please do not use Your Content from the Services unless You have first obtained the permission of its owner and are otherwise authorised by law to do so.
3.3 You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain Content submitted to the Services to determine whether it is illegal or whether it violates these Terms. We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, we otherwise have no obligation to monitor or review any Content submitted to the Services.
3.4 We may publish links in our Services to internet websites maintained by third parties. SNA Toolbox does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
4 Site Terms
4.1 You may not use the Site or Services other than for their intended purposes. You agree You will not engage in any activity that interferes with or disrupts the Site, Services or the servers and networks that host the Site. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
4.2 Unless otherwise expressly agreed with us, You must not copy, adapt, distribute, display, reproduce or transmit any Material.
4.3 You must take your own precautions to ensure the telecommunications equipment and computer systems used by You to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to You or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
5 Linking to the Site
5.1 You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.2 You must not establish a link to the Site from any website that is not owned by You.
5.3 This Site must not be framed on any other website, and You must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
6 General
6.1 Although we do our best to provide the most up to date information as it becomes available, we cannot warrant the accuracy or completeness of any information provided in connection with the Services. While we take reasonable steps to secure information, we also do not warrant the continued maintenance and retention of information.
6.2 We reserve the right to make changes to these Terms without notice to You. Any amendments to these Terms will have immediate effect from the time that they are published on the Site.
6.3 Any provision of these Terms which is void or unenforceable may be severed from them without affecting the enforceability of other provisions.
6.4 A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
6.5 The Terms are governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
7 Special conditions
7.1 You are responsible for your conduct, Content, and communications with others while using the Services and/or Product. You must comply with the following requirements when using the Services and/or Product:
(a) You may not misuse our Services and/or Product by interfering with their normal operation, or by attempting to access them using a method other than through the interfaces and instructions that we provide.
(b) You may not circumvent or attempt to circumvent any limitations that we impose on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
(c) You may not use the Services and/or Product to infringe the intellectual property rights of others, to harass, abuse or defame any other person or to commit any unlawful or inappropriate activity.
7.2 If your use of the Services and/or Product requires You to comply with industry-specific regulations applicable to such use, You will be solely responsible for such compliance, unless we have agreed another arrangement with You. You may not use the Services and/or Product in a way that would subject SNA Toolbox to those industry-specific regulations without obtaining our prior written agreement.
8 User Responsibility for Data Security
8.1 The security and confidentiality of your data are of utmost importance to us. However, SNA Toolbox is not responsible for any data leaks or breaches that result from actions, mistakes, or negligence by You. By using the SNA Toolbox platform, You agree to the following:
(a) User Responsibility: You acknowledge and agree that You are solely responsible for the security and confidentiality of Your account and data. You acknowledge and agree that you are solely responsible for any data leaks, breaches, or unauthorized access to Your data resulting from your own actions or omissions. This includes, but is not limited to:
(i) Failing to maintain the confidentiality of your login credentials, such as usernames, passwords, or other security credentials.
(ii) Improperly configuring security settings.
(iii) Failing to follow security protocols and guidelines provided by SNA Toolbox.
(iv) Exporting, storing, or sharing data insecurely.
(v) Using public or non-encrypted networks to access the service.
(vi) Failing to log out of the account after use.
(b) Platform Liability Limitation: SNA Toolbox shall not be liable for any damages, losses, or claims arising from data leaks or breaches caused by user actions. This includes any direct, indirect, incidental, special, consequential, or punitive damages.
(c) Security Measures: While SNA Toolbox implements robust security measures to protect your data, the ultimate responsibility for the security of your data rests with you. You are encouraged to use strong passwords, regularly update your security settings, and follow best practices for data security.
(d) Indemnification: You agree to indemnify and hold harmless SNA Toolbox, its affiliates, and its employees from any claims, damages, or losses arising from your failure to maintain the security of your data as stipulated in this agreement.
9 Registrations and Accounts
9.1 To access the Survey, Services and related Content, You must first register with SNA Toolbox and become an Authorised User. To become an Authorised User, You must open a membership account with us (“Account”) by providing us with Registration Data.
9.2 We reserve the right to refuse registration requests in our sole discretion.
9.3 You have sole responsibility for any activity that occurs via your use of the Services and/or Product. You must notify us immediately if You become aware of any security or data breach or any unauthorised access to the Services.
9.4 We may, in our absolute discretion, terminate the Services or restrict your access to the Services where You have breached these Terms of Use or for misconduct, security concerns, or otherwise at its discretion (acting reasonably). Under these circumstances, You may be prevented from accessing all or parts of the Services or any other Content associated with your Account. We will not be liable to You or any third party if this occurs.
9.5 We may impose further limits or restrictions on the use You may make of the Services or Licence.
9.6 Further, we may, for any reason, at any time and without notice to You change or remove functionalities or aspects of our Site and Services.
10 Intellectual Property
10.1 You acknowledge we retain all rights, title and interest in the Site, Services and/or Product (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to You to access, and use, the Product.
10.2 You must not in any form or by any means:
(a) reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website;
(b) create derivative works from any part of the Site or the Material; or
(c) commercialise any information obtained from any part of the Survey, Site or Services without our prior written consent.
10.3 By uploading, posting, transmitting or otherwise making available any Content, You represent and warrant that You either own the Intellectual Property Rights in the Content or have the necessary permission to upload, post, transmit or otherwise make available the Content.
DEFINITIONS & INTERPRETATION
11 Definitions
In these Terms of Use:
11.1 "Account” means the account an Authorised User creates to access the Services, as defined in clause 9.1.
11.2 "Authorised User” means a user who is authorised to have access to the Site by SNA Toolbox.
11.3 “Content” means information provided by You or the Participants via the Survey, Product, Site or Services.
11.4 “Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
11.5 “Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
11.6 “Participant” means any individual who participates in a network survey conduct by You or by SNA Toolbox on Your behalf in relation to the Services.
11.7 “Privacy Policy” means our privacy policy available at the Privacy link on SNA Toolbox website.
11.8 "Product” means SNA Toolbox’s unique Site.
11.9 “Registration Data” means information provided by You to us for the purposes of your registration to access certain Services;
11.10 “Services” has the meaning in the relevant Service Agreement.
11.11 “Service Agreement” means the agreement between:
(a) the organisation, company or individual on whose behalf the Authorised User is using the Site; and
(b) SNA Toolbox.
11.12 “Site” means this website and its associated subdomains, systems and networks.
11.13 “Survey” means a survey created from SNA Toolbox’s Site or as part of Services provided by SNA Toolbox.
11.14 "Terms” means these Terms of Use.
11.15 “You” are an Authorised User of the Site and/or the Services.
11.16 “We” are SNA Toolbox Pty Ltd. We operate this website https://www.snatoolbox.com/ and other sub-domains (“Site”) and provide online survey data collection, analysis and reporting services utilising proprietary and third party technologies, known as the SNA Toolbox platform (“Services”).
12 Interpretation
12.1 Any reference in these Terms of Use to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms of Use unless otherwise specified.
Dated: July 2024