Consumer Terms Of Use

1. Introduction

To access and use our Services, you must open an account on our online platform (Account).  By opening an Account you or a person you nominate agree to be bound by these terms of use and our website terms of use, which should be read together.

2. Opening your Account

2.1 To be eligible to open an Account, you must:

a) Be an individual who is at least 16 years old;

b) Be capable of entering into a legally binding contract;

c) Have a valid email address and mobile phone number;

d) Not have an existing Surveyz account or, or an existing account with Humaniti; and

2.2 You must also be an Australian resident to use this service. If your circumstances change and you are no longer an Australian resident, you are required to contact us and let us know.

2.3 You are responsible for maintaining and protecting the confidentiality of your Humaniti login details, which consist of your email address and password. We are not responsible for any unauthorised access and use of your Account.

2.4 You may only register one myHumaniti Account. If we suspect you have registered more than one account, we reserve the right to suspend and close these Accounts.

3. Services

We will provide the following Services to you:

a) Facilitating access to information contained in your bank accounts and/or rewards or loyalty accounts from accounts supported by Humaniti;

b) Providing analysis of your financial situation from your bank account statements and rewards or loyalty account, when you ask us to do so; and

c) Providing rewards when you complete surveys, questionnaires and other tasks in accordance with section 4.

4. Rewards

4.1 We will offer you the opportunity to earn rewards by completing tasks such as surveys and questionnaires. Other opportunities for earning rewards may be added and removed at the discretion of Humaniti.

4.2 The reward may be either an amount in dollars, or rewards or points offered by loyalty program partners of which you are a member. These may be modified at the discretion of Humaniti.

4.3 When requesting a rewards payment in Australian Dollars, the minimum withdrawal amount is $20.00 Australian dollars you redeem can be paid to your Australian bank account or to a nominated charity on your behalf.

4.4 Rewards accrued will expire when your account has been inactive for 18 months. We will send you reminders by email before this occurs.

4.5 If any additional terms are required for a specific reward, we will provide details of the terms and conditions at the time we invite you to complete the task.

4.6 We may offer you the opportunity to earn a higher reward for survey completion, where at the time of completing a survey, you have an valid active connected bank account.

4.7 Whether a connected bank account is valid is decided at the discretion of Humaniti.

5. Changes to Humaniti

Humaniti reserves the right to change the services and rewards we offer to you, and the pricing of these products and services.

6. Closing your account

You can ask us to close your Account at any time. We will close your Account within 5 business days of receipt of your request. We will email you to confirm it has been closed. You forfeit any rewards that have not been withdrawn before you close your Account.

7. Suspension or Termination of Membership

You agree that we may, under certain circumstances and without prior notice, immediately suspend or  terminate your Account and the provision of our Services. Cause for such termination shall include, but not be limited to:

a) Breaches or violations of this agreement or other incorporated agreements or guidelines;

b) Requests by law enforcement or other government agencies;

c) Discontinuance or material modification to our Services (or any part thereof);

d) Unexpected technical or security issues or problems; and

e) Extended periods of inactivity – these periods are determined by Humaniti and may be changed from time to time;

f) Using the service in such a way to cause data quality issues with incorrect or incomplete information.

Further, you agree that all terminations for cause shall be made at our sole discretion and that we shall not be liable to you or any third-party for any termination of your Account, any associated email address, or access to our Services.

8. Indeminity

You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions in connection with the Account or the Services, or your breach of these terms of use but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.

9. Limitation of liability

To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this agreement excludes all liability for any loss or damage of any kind, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action.

Neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost, loss of enjoyment.

10. No resale of the Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your Account).

11. Intelectual Property

We own all intellectual property rights, including all current and future copyright, and related rights, patent application rights, patent rights, design rights, trade mark rights (whether registered or unregistered), confidential information and know-how (“Intellectual Property Rights”) vesting in the Services.

12. Disclaimer of Warranties

You expressly understand and agree that:

a) Your use of the Services is at your sole risk. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement, except we do not disclaim liability to the extent it is caused by our negligent or wrongful act or omission

b) We make no warranty that:

i. The Services will meet your requirements;

ii. The Services will be uninterrupted, timely, secure, or error-free; and

iii. Any errors in the Services will be corrected.

c) No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in this terms of use.

13. Notices

We may provide you with notices, including those regarding changes to this agreement, by email or postings on the Services.

14. Changes to terms and conditions

We reserve the right to modify, update or otherwise alter the terms of this agreement. We will notify you of any changes to the terms via your registered email, after the change. If you are unhappy with any of the changes, you may terminate your agreement with us immediately by requesting to close your Account.

15. Jurisdiction

These terms of use shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales.

16. General Information

Waiver and severability of terms – Any failure of ours to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

Statute of limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this agreement are for convenience only and have no legal or contractual effect.

Effective date – 2nd June 2021.

This website and platform is owned, operated and controlled by Data Analytics Holdings Pty Ltd ACN 611 631 826.