For purposes of this Agreement, "You," "Your," "User," and "Customer" refer to the individual(s) or entity subscribing to www.esurveys.com.au by registering a new account with www.esurveys.com.au. "eSurveys" refers to Next Digital, Inc. and the online services ("Service") provided to you by eSurveys, Inc. through its website www.esurveys.com.au.

Services offered to you are provided under the following terms and conditions of this Agreement ("Agreement"). The Agreement comprises the agreement between you and eSurveys and supersedes all prior agreements. By using any of eSurveys's services provided on eSurveys.com, you agree to be bound by all terms and conditions herein. If, for any reason, you do not agree with any part of Agreement, you agree not to use any of the services provided by eSurveys

1. SERVICES VOID WHERE PROHIBITED: Use of the Services is void where prohibited. By using www.esurveys.com.au, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement and all relevant local and international laws related to this Agreement.

2. REGISTRATION: You agree that any and all registration information provided by you is accurate. You agree to provide a valid email address to be used as a unique identifier for your account and password. www.esurveys.com.au is a single user license. You agree that by registering for an account on www.esurveys.com.au that you are the sole user of the account.

3. DESCRIPTION OF SERVICE: eSurveys allows registered users to create surveys, post survey links on the internet, collected respondent data, and download survey data.

4. LIMITATION OF LIABILITY: You agree to waive and discharge all claims, release eSurveys from all liability, and indemnify and hold harmless eSurveys-as well as its subsidiaries, affiliates, parent company, officers, agents, and other partners and employees-from any and all liability on account of, or in any way resulting from, damages in any way connected with using eSurveys. You agree, understand, and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, and administrators.

5. CONTENT: You are solely responsible for all data, text, software, sound, photographs, graphics, video, messages, files, or other materials ("Content") transmitted, posted, or distributed by you through the Service, including, but not limited to photos or images posted by you in any of your account's surveys. All Content posted by you is your sole responsibility. eSurveys does not control the Content posted by users such as you via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will eSurveys be liable for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted.

6. NOTICES: eSurveys may deliver notices to you via e-mail, posting(s) on the eSurveys web site, or other reasonable means. You must give notice to eSurveys in writing via e-mail or as otherwise expressly provided by eSurveys. eSurveys may broadcast, distribute, or display notices or messages through the eSurveys Service to inform you of changes to the Agreement, the Service, the Privacy Policy, or other matters of importance. Such broadcast, distributions, or displays of information shall constitute notice to you.

7. PRIVACY POLICY: eSurveys policy is to respect our users' privacy. eSurveys policies with regard to personally identifiable information it collects from you, what information third parties affiliated with eSurveys collect from you, and how that information is used is governed by the eSurveys Privacy Policy, which you can access on http://www.esurveys.com.au/legal.html. You agree to allow eSurveys to showcase your organization's name and logo on our customer lists (unless agreed upon otherwise by both parties herein), we do not share any personalized information.

8. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all account activities. You agree to notify eSurveys immediately of any unauthorized use of your account or any other known breach of security. You must promptly inform eSurveys of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until eSurveys is notified by email of a breach in security, you will remain liable for any unauthorized use of the eSurveys Service through your account. In consideration for using the eSurveys Service, you agree to: (1) provide certain current, complete, and accurate information when prompted by the Service, and (2) maintain and update this information as required to keep it current, complete, and accurate. If any information provided by you during your registration-or changes to account information-is inaccurate, eSurveys reserves the right to immediately terminate your account and your right to use the eSurveys Service.

9. ABUSE OF THE SERVICE: eSurveys reserves the right to terminate your account if eSurveys determines you have not complied with any part of this Agreement.

10. USER CONDUCT: eSurveys reserves the right-but does not assume the responsibility-to monitor or review your eSurveys Service conduct. Your use of the eSurveys Service is subject to all applicable local, state, national, and international laws and regulations. You agree not to use eSurveys for any illegal purposes, disrupt networks connected to eSurveys.com, collect or misuse information about other users, transmit through the eSurveys Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material, create a false identity for the purpose of misleading others as to your identity or the origin of any message, transmit or upload any material that contains viruses or harmful content, attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, or engage in any conduct that, in eSurveys's sole discretion, is considered inappropriate, unauthorized, or objectionable.

11. INDEMNIFICATION: You agree to indemnify and hold eSurveys, its parent company, subsidiaries, affiliate, officers, employees, agents, directors, successors, and assigns harmless from any claim or demand-including reasonable attorneys' fees-made by any third party due to or arising out of your use of the eSurveys Service; the violation of this Agreement by you; the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person; or entity or violation of any federal, state, or local law or regulation.

12. TERMINATION: You may immediately terminate your participation in the eSurveys Service with or without cause at any time. eSurveys may terminate the eSurveys Service or your use of the Service with or without cause at any time, effective immediately, at eSurveys's sole discretion, including, but not limited to, immediate termination of your use of the eSurveys Service should your conduct fail to conform to the terms and conditions of this Agreement. eSurveys shall not be liable to you or any third party for termination of the eSurveys Service or termination of your use of the eSurveys Service. If you object to any terms and conditions of the Agreement or any subsequent modifications eSurveys makes to the Agreement, or become dissatisfied with the eSurveys Service in any way, your only recourse is to immediately: (1) discontinue use of the eSurveys Service and (2) notify eSurveys of your termination and, at your discretion, notify eSurveys of the reasons for your termination. Upon termination of your use of the eSurveys Service, your right to use the eSurveys Service shall immediately cease. You shall have no right and eSurveys shall have no obligation thereafter to forward any unread or unsent messages to you or any third party on your behalf. All appropriate sections shall survive termination of the Agreement.

13. LINKS TO THIRD PARTY SITES: Any web sites accessible via links within the eSurveys Service are not under eSurveys's control. eSurveys shall not be responsible for the content, products, or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under the specific policies of any web site you visit.

14. DISCLAIMER OF WARRANTIES: You expressly agree that your use of the eSurveys service is at your sole risk. The eSurveys service is provided on an "as is" and "as available" basis. eSurveys expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. eSurveys makes no warranty that its service will meet your requirements, or that its service will be uninterrupted, timely, secure, or error-free. eSurveys makes no warranty as to results that may be obtained from the use of the service; or as to the accuracy or reliability of any information obtained through the service; or that defects in the software will be corrected. You acknowledge that eSurveys does not control content, information, products, or services offered by advertisers, third parties, or other users on or through the service, including, but not limited to information, products, or services provided by license to eSurveys from third parties or content provided by other users. eSurveys assumes no responsibility for, and makes no warranty or representation as to, the accuracy, currency, completeness, reliability, usefulness, or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers and users) through the eSurveys service. You will be solely responsible for any damage to your computer system or loss of data resulting from your attempt to download material from the eSurveys service. eSurveys makes no warranty regarding goods or services purchased or obtained or any transactions entered into through its service. No advice or information, whether oral or written, obtained by you from eSurveys or through the eSurveys service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.

15. LIMITATION OF LIABILITY: eSurveys shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, damages for loss of profits, use, data, or other intangibles-even if eSurveys has been advised of the possibility of such damages resulting from the (i) use or the inability to use the service; (ii) cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with eSurveys or a third party through the use of the eSurveys service; (iv) inaccuracy of any information obtained from use of the service or reliance on such information; or (v) unauthorized access to your account or alteration of your account or data. You specifically agree that eSurveys is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable conduct or speech of any other party on or through the eSurveys service or for any infringement or violation of your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations may not apply to you.

16. GENERAL PROVISIONS:

In the performance of this Agreement, the provision and/or use of the Services each Party will comply with all laws and regulations of the Commonwealth of Australia and its States as applicable and with all applicable rules, regulations and requirements of governmental organisations and agencies.

Each Party will require compliance therewith by its employees and agents engaged in the performance of this Agreement and by any sub-contractors performing any part of this Agreement.

17. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: eSurveys reserves the right to modify or discontinue Services with or without notice. eSurveys shall not be liable to you if Service is modified or discontinued. eSurveys, in its sole discretion, may change the terms and conditions of the Agreement at any time. In the event of any material or substantial change in the terms and conditions of this Agreement, eSurveys may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Agreement on the eSurveys Service. By using the eSurveys Service after any change in the Agreement you acknowledge and accept changes to the Agreement.

or at survey@resultmedia.com