Terms and Conditions

Applicability and Agreement

These Terms and Conditions (these “Terms”) govern and apply to your access and use of and/or participation in a One Picture online community (each, a Neighbourhood), including without limitation:

  1. your membership on a One Picture panel or sub-panel;
  2. your use of and/or access to any website on which a Neighbourhood is hosted (“Website”);
  3. your participation in any survey, study, focus group, discussion, interview or workshop offered, provided, hosted, or administered by or through a Neighbourhood; and
  4. your eligibility for, and/or redemption of, rewards, incentives, and prizes offered for certain actions and activities in connection with your participation in a Neighbourhood, including, without limitation, successfully completing surveys.

All references in these Terms to “us”, “our” or “we” refer to The One Picture Group Limited, a company incorporated in New Zealand under company number 1157373 and with its registered office at 24-26 Pollen Street, Ponsonby, Auckland, New Zealand, together with its affiliated companies.

By accessing, using, and/or participating in the Neighbourhood, you agree to comply with, and be bound by, these Terms.

 

Membership Eligibility

Participation in a Neighbourhood is generally open to individuals who satisfy the requirements for membership, including, without limitation, the minimum age requirement of 18 years of age (subject to limited exceptions). We only allow one member per unique email address.

 

Use of the Neighbourhood

The Neighbourhood is for your personal, non-commercial use.  You may use the Neighbourhood only when and as available.  We reserve the right to change, modify, eliminate, restrict or block access to all or any part of the Neighbourhood, without notice, at any time, for any reason or no reason.

We provide you with the opportunity to participate in surveys.  Your participation in any survey is voluntary.  By agreeing to join a Neighbourhood, you agree to receive invitations to participate in surveys.  You may unsubscribe at any time in accordance with the "Opt Out Policy" below.

Participation in a survey may be subject to eligibility criteria. You may not be able to participate in all or any particular surveys and we do not provide any guarantee as to the minimum number of, or any, surveys that you may participate in.

 

Registration and Passwords

In order to join a Neighbourhood, you must register with us and provide all information requested in the registration form.  All information you provide to us must be truthful.  We reserve the right to restrict or prohibit your use of, access to, and/or participation in the Neighbourhood if you provide, or if we reasonably suspect that you have provided, information that is untrue, inaccurate, not current, or incomplete.

We will either:

  1. issue you with a user name and password; or
  2. permit you to create your own user name and password.

You are solely responsible for the security of your user name and passwords and will be solely liable and responsible for any use, whether authorised or unauthorised, of your membership account.

Membership is specific to you as the individual who registers for membership with the Neighbourhood.

You acknowledge that you are accessing, using, and/or participating in the Neighbourhood in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between us and you.

 

Unauthorised Uses

When registering for a Neighbourhood, you agree not to:

  1. open, use, or maintain more than one (1) membership account; or
  2. forge or mask your true identity.

In connection with your use of any Website, you agree not to:

  1. take any action to interfere with any Website or an individual’s use of any Website, including, without limitation, by overloading, “flooding” or “crashing” any Website;
  2. frame a portion(s) of any Website within another website or alter the appearance of any Website;
  3. establish links from any other website to any page of, on, or located within, any Website or to the Neighbourhood without our prior express written permission; or
  4. reverse engineer any aspect of the Website or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilised to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws (as defined herein).

In connection with your participation in any Neighbourhood, you agree not to:

  1. send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, without limitation, spyware;
  2. collect any personally identifiable information of or about any other member of the Neighbourhood;
  3. send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;
  4. post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein);
  5. engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes, and/or incentives through false or fraudulent means, or tampering with surveys;
  6. engage in any criminal or illegal act(s);
  7. use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Neighbourhood, or to manipulate the results of any survey, prize draw, or contest; or
  8. use Restricted Content (as defined below) in violation of these Terms.

You agree that you will not encourage and/or advise any individual, including, without limitation, any of our vendors, subcontractors or employees, to commit any acts prohibited under these Terms.

You acknowledge and agree that we will fully cooperate with all legal disclosure requests (e.g. court order or subpoena).

If you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to us, we reserve the right to terminate, prohibit or restrict your use of, access to, and/or participation in the Neighbourhood.

 

Restricted Content

In connection with your use of, access to, and/or participation in the Neighbourhood, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to us and/or our clients, partners and/or licensors.  You expressly acknowledge and agree:

  1. Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes.
  2. Restricted Content is and shall remain our sole and exclusive property or that of our clients, partners or licensors (as the case may be). In no event shall you obtain or receive any right, title, and/or interest in or to any Restricted Content, save for the limited right to use the Restricted Content as required to participate in the Neighbourhood.
  3. To protect the confidentiality and secrecy of the Restricted Content, you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without our prior express written consent.
  4. If you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to us, we reserve the right to terminate, prohibit or restrict your use of, access to, and/or participation in the Neighbourhood.

 

User Content

You are solely responsible for:

  1. all content, materials, information, and comments you use, upload, post or submit in connection with the Neighbourhood (“User Content”); and
  2. obtaining all third party approvals, consents, and/or authorisations required for you to provide User Content.

You expressly acknowledge and agree that:

  1. the User Content you upload, post or submit may become publicly available and may be shared with third parties including, without limitation, our clients, clients of our clients, and third party service providers;
  2. the User Content you upload, post or submit should not include audio, video, images, or the likeness of anyone other than you and should not contain copyrighted or trademarked content or material of any third party; and
  3. you will not receive compensation for any User Content that you provide.

By using, uploading, posting, or submitting User Content in connection with the Neighbourhood, you grant us a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice.

We do not and cannot review all User Content and we are not responsible for the User Content.  We reserve the right to delete, move, or edit User Content that we, in our sole discretion consider to:

  1. violate these Terms;
  2. violate copyright or trademark laws; or
  3. be abusive, defamatory, obscene, or otherwise unacceptable. 

 

Rewards Programs

In connection with your participation in a Neighbourhood, you may have the opportunity to earn rewards, incentives, and entries into prize draws or sweepstakes. Information, official rules, and terms and conditions applying to such rewards, incentives, and prize draws or sweepstakes will be available on the Website, at the beginning or end of a survey, in survey invitations, on the website(s) for redeeming rewards, incentives, and prizes, or described in any newsletter or other communication distributed or published by us.  Rewards, incentives, and prizes are:

  1. non-transferrable;
  2. unable to be redeemed for cash; and
  3. subject to limited validity periods (some of which may not be extended).

 

Profile Updates

You will promptly notify us of any changes in or to information contained in your member profile.  You agree to review and update, as necessary, your membership profile no less frequently than once every six (6) months.  You may update, correct, and/or delete information contained in your membership profiles by:

  1. accessing your membership account; or
  2. sending an email to the member services team for the relevant Neighbourhood.

 

Opt-Out Policy

You may opt-out from participating in the Neighbourhood (including, without limitation, from receiving newsletters or communications), at any time, by:

  1. following the unsubscribe procedures described on the Website or contained in any email received from us; or
  2. by sending an email to the member services team for the relevant Neighbourhood.

We will use reasonable efforts to respond to each opt-out request within a reasonable period of time after receipt.  Upon termination, your contact information will be removed from any further communication or contact lists.  Please allow a few days for the removal of your contact information from the communication or contact lists for the applicable Neighbourhood; during which period you may receive communications which were created or compiled prior to you terminating your account.

Please see the One Picture Privacy Policy for further information as to how we handle your information and data (including following an unsubscribe, termination, or opt-out request).

 

Links

In connection with your participation in the Neighbourhood, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). We do not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”).  We do not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information.  Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.  

 

Communications with One Picture

All Neighbourhood-related communications (excluding personal information) and User Content submitted or transmitted by you to us, whether by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content.  You agree that any such communications and User Content may be used by us for any legal reason.

 

Privacy

We take your privacy very seriously.  For information about One Picture Privacy practices and how we handle your personal information, please review the One Picture Privacy Policy.

 

Disclaimer

The Neighbourhood, including all information, surveys, content, material, commentary and services made available on, or through, the Neighbourhood, are provided “as is”.  Beyond what is imposed by law, we do not make any representations or warranties of any kind whatsoever in connection with any information, content, material, commentary, surveys, products, or services made available on, or through, the Neighbourhood, including, without limitation, any User Content. Further, to the maximum extent permitted by law, we disclaim any and all warranties, whether express or implied, including, without limitation, the implied warranties of non-infringement and merchantability.  We do not warrant that the tools, technology, or functions contained in the Neighbourhood or any content, material, commentary, information and/or services contained therein, will be uninterrupted or error free, that defects will be corrected, that the systems or the server(s) that support the Neighbourhood and make the Neighbourhood available will be corrected, or that the Neighbourhood  and/or the systems and/or the server(s) that support the Neighbourhood are free of viruses or other harmful components.  We do not provide access or connection to the internet and is not and shall not be responsible or liable for the actions or omissions of third parties that interfere with, limit, restrict, or prevent access or connection to, or use of, the Neighbourhood.

 

Changes

We reserves the right, at our sole discretion, to make changes to these Terms. Where we intend to make material changes to these Terms, we will endeavour to provide you with at least [10] days’ advanced notice. encourage you to review these Terms on an ongoing basis.  Your continued use of, access to, and/or participation in the Neighbourhood constitutes your acceptance of these Terms as amended.

 

Limitations of Liability

Except to the extent prohibited by applicable laws, in no event will we be liable, or otherwise responsible, to you or any other person for any indirect, incidental, special, consequential, exemplary and/or punitive damages, suffered or incurred by you in connection with your access to or use of or participation in the Neighbourhood or the content on or accessed through the Neighbourhood, regardless of whether we are informed of the possibility that such damages may arise.

Any claim or cause of action arising out of or related to your participation in the Neighbourhood and/or these Terms must be filed within one (1) year after such claim or cause of action arose.

 

Compliance with Applicable Laws

You acknowledge and agree that you will comply with all applicable international and national and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation in, and/or access to the Neighbourhood. 

 

Suspension, Termination and De-Activation of Panel Membership Accounts

You may terminate your membership with the Neighbourhood at any time, with or without cause, for any reason or no reason, and without liability for the termination. 

In addition to any and all other available remedies, we may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Neighbourhood if you are in breach or violation of these Terms.  If we terminate your membership due to your breach or violation of these Terms:

  1. you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective upon termination;
  2. your membership will immediately be cancelled;
  3. your access to, participation in, and use of the Neighbourhood will immediately cease; and
  4. you will not be allowed to participate in surveys offered through the Neighbourhood.

In addition, we reserve the right to de-activate your membership account:

  1. if your membership account does not remain Active (as defined below);
  2. if we receive a hard bounce or delivery failure notice in regards to email communications sent by us to your email account; or
  3. if we receive a “mailbox full” reply notice three (3) times in regards to email communications sent by us to your email account.

For the purpose of these Terms, “Active” means that you:

  1. participate in a survey at least once every six (6) months; or
  2. update your profile or member information once every six (6) months.

In the event of deactivation, termination by you, or termination by us (other than for your breach or violation of these Terms), we will maintain unredeemed rewards, incentives, and/or prizes active and available for you to redeem for a period of thirty (30) days following de-activation or termination. 

 

Participation by Employees and Immediate Family Members

Restriction. Employees and their Immediate Family Members (as defined herein) of One Picture, its vendors, and/or subcontractors are not eligible to receive any payments, prizes, or incentives for using, participating in, or accessing the Neighbourhood.  The term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, civil partner and spousal equivalents). 

Procedures. Employees and their Immediate Family Members of One Picture, its vendors, and/or subcontractors may use, access, or participate in the Neighbourhood only after receiving written permission from their respective managers, and only for the sole purpose of improving our products and/or services. Employees and their Immediate Family Members of One Picture, its vendor and/or subcontractors must always be honest and report accurate information in connection with using, accessing, or participating in the Neighbourhood. If altered, false, or untrue information or data must be used, prior consent and approval must be received from One Picture’s Chief Executive Officer. 

Improper Conduct. Unless authorised pursuant to these Terms or otherwise approved in writing by One Picture’ Chief Executive Officer, the violation of the terms of this Section by an Employee or their Immediate Family Member of One Picture, its vendor and/or subcontractors is a violation of One Picture’s standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment.

 

Notices

Notice From You to Us.  Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to us should:

  1. be correctly addressed to our business address set out below, and shall be deemed to have been correctly delivered if delivered:
    1. by a nationally or internationally recognised overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or
    2. by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or
  2. be sent via email to the appropriate member services team.

Notice From Us to You.  Except as otherwise required by Applicable Laws, you agree that we may provide notices to you:

  1. via the e-mail address provided by you (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that we do not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered);
  2. by certified mail, return receipt requested, postage prepaid addressed to the address provided by you (in which case notice shall be effective six (6) days following deposit in mail); or
  3. by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.

Legal Notice.  All questions regarding these Terms and all legal notices should be sent, in accordance with these Terms, to:

One Picture Group Limited
72 St Georges Bay Road
Parnell
Auckland 1052
New Zealand
09 359 2020
www.onepicture.com

Or via email to:

complaints@onepicture.com

 

Severability

If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of the remainder of these Terms.  The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms. 

 

Governing Law and Jurisdiction

These Terms and your access to, use of, or participation in the Neighbourhood shall be governed by and construed in accordance with the laws of New Zealand.  All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Neighbourhood, shall be subject to the exclusive jurisdiction of courts located in New Zealand.

 

Miscellaneous Terms

The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms.  Our failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent us from enforcing any subsequent breach by you of these Terms.  These Terms, any rules, terms or policies referenced herein or incorporated herein, and any Neighbourhood-specific requirements, represent the entire understanding and agreement between us and you with respect to the subject matter hereof.

 

Last updated:  19th of November 2021