Terms of Use

geoTribes Segment Tagger Portal

Last updated: 20th October 2020

Please read these Terms of Use (“Terms”, “Terms of Use”, “Agreement”) carefully before using the tagger.geotribes.com website (GeoTribes Website) to access the Portal Services operating under the brand name geoTribes (“us”, “we”, or “our”).

Your access to the GeoTribes Website and use of the Portal Services is conditional on your acceptance of, and compliance with, these Terms. By accessing or using the Portal Services you agree to be bound by these Terms.

1. Registration

1.1 Your Registration

In order to use the Portal Service, you must be a registered user. If you register on the GeoTribes Website, you are responsible for maintaining the security of your registration details, and you are fully responsible for all activities that occur under the registration and any other actions taken in connection with the registration. You are responsible for safeguarding the password that you use to access the Portal Services and for any activities or actions under your password, whether your password is with our Portal Services or a third-party service. You agree not to disclose your password to anyone. You must immediately notify us of any unauthorised use of your access to the GeoTribes Website or any other breaches of security. geoTribes will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

1.2 Responsibility of Users

Users are responsible for any harm resulting from any Content that they upload to, create or store on the geoTribes Website (“User Content”). By making User Content available, you represent and warrant that:

  • The uploading, creation, copying, storage or use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to upload or make available the Content, including but not limited to any survey research data files;
  • You have fully complied with any third-party licenses relating to the User Content;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine or randomly generated, and does not contain unethical or pornographic material, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your registration details do not contain material that misleads others into thinking that you are another person or company;

Without limiting any of those representations or warranties, geoTribes has the right (though not the obligation) to, at geoTribes’s sole discretion (i) refuse or remove any Content that, in geoTribes’s reasonable opinion, violates any geoTribes policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the GeoTribes Website to any individual or entity for any reason, at geoTribes’s sole discretion. geoTribes will have no obligation to provide a refund of any amounts previously paid in these circumstances.

2. Purchases

2.1 Types of Content available for Purchase

There are two types of Content available for Purchase through the Portal Service, being:

  • Market Research Survey Enhancement, where additional data fields are appended to a market research survey that has been uploaded to the Portal Service; and
  • Target Area Lists, which provide a file of postal areas ranked by the concentration of selected geoTribes Segments.

2.2 Authorisation

If you wish to purchase any product or service made available through the Portal Services (“Purchase”), you will be asked to supply certain information relevant to your Purchase including, without limitation, your PayPal and credit card details, your billing address, your shipping information and your location. You represent and warrant that:

  • You have the legal right to use a PayPal account, credit card(s) or other payment method(s) in connection with any Purchase; and that
  • The information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, an error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

2.3 Payment Processing and Content Retention

All purchases of Content through the Portal Services are charged prior to download. Users are asked to accept the specification of specific purchased Content and upon acceptance, make payment through the PayPal portal either by using a PayPal account or credit card. Upon successful payment, users are able to download the purchased Content.

All or part of the required payment may be made using coupons that are issued by us or third parties who are authorised by us.

Content is available for subsequent download on the geoTribes Website for a period of 14 days from the time of creation and then permanently deleted.

User transaction details, including a description of the purchased Content, cost and invoice are retained on the geoTribes Website.

2.4 Service Pricing, Promotions and Availability

geoTribes reserves the right to change the price of Portal Services at any time before a purchase is made. We agree not to change the price for services for which service delivery has commenced. If we do elect to change our published pricing, we will do so in such a manner that allows you to review updated Service Pricing before purchasing services.

The pricing charged for all Purchases made through the Portal Services will be the current price published on the GeoTribes Website at the time of purchase.

2.5 Payment & Refunds

By selecting a Purchase, you agree to pay geoTribes the fees indicated for that product or service. Payments will be charged on a pre-pay basis, unless agreed separately, on the day of Purchase and will cover the use of that service as indicated at the point of purchase. Purchase fees are not refundable.

2.6 GST

For all transactions originating from an Australian IP address GST must be paid at the time any payment to which it relates is payable (provided a tax invoice has been issued for the supply). All transactions originating from countries other than Australia will not pay GST.

3. Contracting Entity

3.1 Who you are contracting with

Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Robert Dommett and Associates Pty Ltd, an Australian private company;

For all services provided by Robert Dommett and Associates Pty Ltd, the following provisions will apply to any terms governing that Service:

  • Contracting Entity. References to “geoTribes”, “we”, “us”, and “our” are references to Robert Dommett and Associates Pty Ltd, located at Level 2, 68 York St Sydney, NSW 2000, Australia.
  • Governing Law. Those terms are governed by the laws of the State of New South Wales, Australia (without regard to its conflict of laws provisions).
  • Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Sydney, New South Wales, and the federal courts located in Canberra, Australian Capital Territory with respect to the subject matter of these terms.

4. Intellectual Property

4.1 License for Use of Content

On purchase of Content from the Portal Services you are granted a non-exclusive non-transferable worldwide license to use the Content, with certain restrictions depending on the particular type of Content.

For Market Research Survey Enhancement, the license shall be perpetual and you may on-supply the purchased Content to your clients as a component of a market research service such as verbal briefings, reports, databases or query and tabulation tools. You must not use Market Research Survey Enhancement purchased through the Portal Services for the enhancement of research surveys or other databases, other than those that have been submitted to the Portal Service.

For Target Area Lists, the license shall be restricted to once off use for a single campaign that is based on research findings produced by you in conjunction with Market Research Survey Enhancement data that you have purchased through the Portal Service. You may on-supply the Target Area Lists to your clients and agencies and media platforms and suppliers for their sole benefit and once-off use in a single campaign as specified above.

You must not store Target Area Lists for use across multiple campaigns.

You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Content.

4.2 Other Intellectual Property

Where you encounter documents such as how-to-guides, methodologies, variable lists and segment descriptions produced by geoTribes or its partners, other users or publishers containing trademarks, copyright symbols or other claims to intellectual property, via the geoTribes Website or connected services and websites, you agree not to breach the rights of the party presenting such a claim or mark. If you believe your own intellectual property is at risk, please contact us directly using support@geotribes.com.

4.3. Copyright Infringement

As geoTribes asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tagger.geotribes.com violates your copyright, you are encouraged to send the details of your dispute via support@geotribes.com.

4.4. Intellectual Property – geoTribes Brand

The Portal Services and its original Content (excluding data provided by users), features and functionality are and will remain the exclusive property of geoTribes and its licensors. The Portal Services are protected by copyright, trademark, and other international laws. Our trademarks may not be used in connection with any product or service without the prior written consent of geoTribes. Where they are used, they must follow our brand guidelines. For more information about using our brand, please contact your account representative.

This agreement does not transfer from geoTribes to you any geoTribes or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with geoTribes, geoTribes.com, the geoTribes logo, all other trademarks, service marks, graphics and logos used in connection with geoTribes are trademarks or registered trademarks of geoTribes or geoTribes’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any geoTribes or third-party trademarks.

5. General Terms

5.1 Changes

geoTribes reserves the right, at its sole discretion, to modify or replace any part of this agreement at any time. It is your responsibility to check this agreement online periodically for changes, and we will make every effort to inform you with sufficient notice in advance of such changes occurring. Your continued use of or access to the Portal Services following the posting of any changes to this agreement constitutes acceptance of those changes. geoTribes may also, in the future, change any aspect of the Portal Service, offer new Service Types, Features and Content through the website (including, the release of new tools and resources). Such new Service Types, Features and Content shall be subject to the terms and conditions of this agreement and may be subject to additional costs for Users.

5.2. Termination

geoTribes may terminate your access to all or any part of the Portal Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your geoTribes Website registration (if you have one), you may simply discontinue using the website. geoTribes can terminate the Portal Services immediately as part of a general shut down of our service.

geoTribes may terminate this agreement if as a result of any act of a third party it is or may no longer be permitted or licensed to provide the Portal Services or Content or if in geoTribes’ reasonable opinion it is necessary to do so to comply with any law, regulation or legal obligation, or if geoTribes decides to withdraw the Portal Services from the market.

All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5.3. Disclaimer of Warranties

The Portal Services are provided “as is”. geoTribes and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither geoTribes nor its suppliers and licensors, makes any warranty that the service or its functional components will be error free or that access thereto will be continuous or uninterrupted. You understand that you use geoTribes at your own discretion and risk.

5.4. Limitation of Liability

In no event will geoTribes, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  • any special, incidental or consequential damages;
  • the cost of procurement or substitute products or services;
  • for interruption of use or loss or corruption of data; or
  • for any amounts that exceed the fees paid by you to geoTribes under this agreement during the twelve (12) month period prior to the cause of action. geoTribes shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

5.5. General Representation and Warranty

You represent and warrant that (i) your use of the Portal Services will be in strict accordance with the geoTribes Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Portal Services will not infringe or misappropriate the intellectual property rights of any third party.

5.6. Indemnification

You agree to indemnify and hold harmless geoTribes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Portal Service, including but not limited to your violation of this Agreement.

You also agree to indemnify geoTribes against all claims arising from your use of the Content of supply of the Content or access to the Services to third parties.

5.7. Dispute Resolution

If a dispute arises out of or relates to this agreement the parties must meet to resolve the dispute by negotiation. The place for that meeting shall be Sydney Australia.

If the dispute is not resolved within thirty (30) days of first notification by one party to the other of the particulars of the dispute the parties must endeavour to settle the dispute by mediation administered by the Australian Disputes Centre (ADC)(https://www.disputescentre.com.au/) before having recourse to litigation.

The mediation must be conducted in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation which are operating at the time the matter is referred to ADC.

5.8. Miscellaneous

This agreement constitutes the entire agreement between geoTribes and you and may only be modified by a written amendment signed by an authorised executive of geoTribes, or by the posting by geoTribes of a revised version. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent term breach. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; geoTribes may assign its rights under this Agreement without condition. By using geoTribes’s Website you agree to be bound to the terms of this Agreement.