By registering to use our service you agree to be bound by these Terms and Conditions. These terms and conditions, together with our website user agreement and our privacy statement form the agreement upon which Participants and Researchers use the services provided by Telmy Pty Ltd (ACN 605 995 300) (“Telmy” “us” “we” “our”) through telmy.co and its sub-domains (“the Site”).
In these terms and conditions:
“Participant” means any person who uses or intends to use the Site to receive opportunities to participate in market research activities
“Project” means a market research activity created by a Researcher
“Researcher” means any person who uses or intends to use the Site to find Participants for market research activities
“User” means any entity, including both a Participant and a Researcher.
- Agreement
- This agreement commences at the time upon which Users register through the Site.
- If we make changes to this agreement, we will notify Users by email.
- Our Services and how it works
- Telmy assists Researchers to find Participants for Projects.
- Researchers provide Telmy with details of the Project including the type of people that they are looking to participate in the Project.
- We use the information in our database provided by Users to identify Participants that may meet the Researcher’s criteria. Participants may also be selected through advertising.
- Telmy will email Participants that may satisfy the Researcher’s criteria to notify them about the market research opportunity. At this stage, Participants are provided with more information about the Project including the approximate location where attendance will be required (e.g. Capital city and State) and any incentive being provided by the Researcher for participation. Potential Participants will be required to answer further questions and provide more information about themselves.
- Telmy will assess the applications received on a ‘first come first served’ basis and select the Participants that meet the Researcher’s criteria, until the number of Participants required has been satisfied.
- Successful Participants will receive an email notification from Telmy with the details of where and when the Project is taking place.
- The Researcher is provided with a list of the Participant’s names approximately 36 hours before the research event is to take place, which is updated approximately 12 hours and 1 hour before the research event commences.
- At times a Participant may attend the venue and is no longer required. Any incentives that were offered to the Participant for participation will be still be provided upon attendance at the venue.
- Participants can opt out at any time of the process, however Telmy reserves the right to remove a User from its database if the User repeatedly opts out of Projects.
- Requirements of Use
- You must be at least eighteen (18) years of age to register for our services and by agreeing to these terms and conditions, you warrant and represent to us that you are at least eighteen (18) years old or that you have parental/guardian consent.
- Our service involves giving Participants’ personal information to Researchers, so we recommend that you review our Privacy Statement for further information on how we use your personal information.
- Users are required to register an account with us. Users are responsible for maintaining confidentiality of account, username and password information. We are not responsible for any unauthorised transactions made through a User’s account.
- As an online business, the mode of communication that we use is e-mail. By registering with us you agree to receive emails or messages in your account from time to time which will include notifications about Projects, administrative notices, newsletters and updates about our services.
- If you are accessing and using the Site on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.
- You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- Telmy retains the right to decline a User.
- Registration terms
- Accounts are limited to one account per User. Users found with more than one account will have all associated accounts terminated.
- Users agree to only provide information that is true and correct and is not false or misleading in any way. Users agree to indemnify Telmy for any costs incurred, loss or claim (including potential claim) that arises because of incorrect information provided to us by a User.
- By uploading an image, you are granting us, and anyone who uses the Site, a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, transmit, and distribute, or display the image, in whole or in part on our website for the purposes providing the services.
- Participants understand that Telmy is seeking to identify Participants based on criteria provided by Researchers.
- Prices and Payment
- There is no charge for Participants to use this service.
- Researchers may offer incentives for participation in Projects. This information will be provided to Participants during the selection process.
- Researchers pay Telmy directly for Participants who attend their research sessions. Payment is due within 30 days following the final session for a project.
- Participant Terms
- Participants’ information is used to identify whether an individual meets the criteria sought by a Researcher.
- All Participants that are identified as potential subjects for a Project are sent an email by Telmy containing the details provided by the Researcher.
- To register your interest in a Project, Participants must respond as directed in the email by the date set.
- Telmy will forward all interested Participants’ de-identified information to the Researcher for final selection in a Project, or Participants will be automatically allocated to a Project if they meet the required criteria.
- The Researcher may, at times, contact the Participants directly to discuss the Project further, or to request additional information.
- Whether a Participant will receive opportunities depends on the Participant falling within a Researcher’s criteria, based on the information provided to Telmy during the Project briefing, and whether there is availability within the relevant sessions.
- Telmy does not guarantee that registration as a Participant or responding to an opportunity will result in selection by a Researcher for a Project.
- When attending a research event, Participants must produce photograph identification and sign in at the venue.
- Market research, by its nature involves the Participant sharing opinions and experiences and by attending a research event, Participants agree to these terms.
- Research events may be video and/or audio recorded and Participants consent to the Researcher’s use of any such recording for the sole purpose of the Project.
- Message and/or data rates may apply to the end user when unsubscribing or replying to an SMS
- Researcher Terms
- By registering with Telmy Researchers warrant and represent that they will use the service only for conducting market research.
- Representations made to Telmy about a Project must be true and correct and not false or misleading in any way. When registering a Project, Researchers undertake to conduct the Project as described.
- Projects must not involve any subject matter that is illegal under any law of jurisdiction.
- Project descriptions must contain sufficient information so that a Participant can understand what the Project requires.
- The identification of Participants is dependent upon the information provided to Telmy.
- Telmy provides Participants with the opportunity to opt into a Project. No guarantees are provided as to the number of Participants that might express interest in a Project.
- Researchers acknowledge that Telmy cannot guarantee that the service will deliver sufficient Participants to suit the Researchers’ needs. If sufficient Participants are not sourced, then the Researcher can cancel the Project and no payment is required to be made to Telmy.
- Researchers agree to only use the information collected at research events for the sole purpose of the Project.
- Researchers agree that the use of any third-party platforms used by the researcher to fulfil any project requirements adhere to the Australian Privacy Principle Guidelines and Data Security Laws.
- Any individuals employed by the Researcher who have access to the Telmy systems are bound by these Terms and Conditions
- Cancellation
- Participants can cancel your use of the service at any time by emailing unsubscribe@telmy.co.
- Researchers can cancel your use of the service at any time by emailing hello@telmy.co or their Telmy account manager.
- Cancellation fees will be payable if Projects are cancelled with 7days of the day of the first session for the Project. If the recruitment for the Project has started earlier to meet special needs of the Project, cancellation fees will be payable from the time recruitment goes live.
- The cancellation terms are:
- If the project is cancelled within 7 days but still more than 3 days, the cancellation fee is the full recruitment fee of any Participants already sourced for the Project.
- If it is cancelled within 48 hours, 100% of the Project fee will be payable. Incentives are also payable to booked Respondents for the inconvenience.
- Researchers can cancel a Project at any time in accordance with clauses 8.3 and 8.4 by emailing hello@telmy.co or their Telmy account manager.
- We reserve the right to terminate a User’s access to this service if we suspect that the User has committed a breach of these terms, including when a complaint has been received.
- Liability and Indemnity
- This clause should be in-conjunction with our Website User Agreement.
- To the extent permitted by law, Telmy excludes all liabilities imposed at law and limits any liability to the provision of the services again or the cost of providing the service again.
- The terms of a Project from a contract between the Researcher and the Participant. Telmy is not responsible for ensuring that a Project is conducted as described by a Researcher, including the conduct of the sessions held by the Researcher.
- Users agree to indemnify Telmy for any claim or dispute arising from that User’s breach of this agreement.
- Jurisdiction
- These terms are governed by the laws of Victoria, Australia for Users based in Australia, and by the laws of New Zealand for Users based in New Zealand.