UNFORGETTABLE RESEARCH SERVICES PTY LTD
RESEARCHER TERMS AND CONDITIONS
This online platform (Platform) is operated by Unforgettable Research Services Pty Ltd ACN 622 787 946 its successors and assignees (we, our or us). The Platform is available at https://www.unforgettable.me/ and may be available through other addresses or channels, including on our mobile application.
In these terms and conditions, Platform refers to our online platform regardless of how you access it. The Platform provides a memory aid tool, allowing Users to record and store details of important life events. For Researchers, the Platform provides access to valuable data for the conduct of Research Projects. Further detail regarding how the Platform works is provided below, under the heading Platform Summary.
Please read these Terms carefully and immediately cease using our Platform and delete your account if you do not agree to them. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
- The Platform permits Researchers to collect data for the purposes of conducting Research Projects. Research Projects are data studies conducted by Researchers (Research Projects).
- Users (private individuals on the Platform) (Users) use the Platform to record and collect data using functionality on the Platform, including but not limited to audio recordings, Global Positioning System (GPS) data, email and mobile phone data. Collectively, the information, content and data collected by the Platform with the consent of a User is referred to as User Content.
- Researchers may use the User Content to conduct Research Projects.
- Researchers may create posts outlining details of their Research Project, including what type of User Content is required, remuneration for Research Project Participants (if any) and the purpose and period of the Research Project (Post).
- We are not a party to any agreement entered into between a Researcher and a User regarding the conduct of any Research Project and we accept no Liability for any aspect of the Researcher and User interaction.
Registration and Profiles
- Researchers must register on the Platform for an Account (Account) in order to create a Post and gather User Content for a Research Project.
- Researchers must provide basic information when registering for an Account including name, email address and location.
- Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). For the creation of your profile, we may ask you to provide details of your academic qualifications, academic history, work status, details of your employer and details of any publications.
- You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
- You are responsible for keeping Account and Profile details, username and password confidential and you will be liable for all activity on your Account.
- You will immediately notify us of any unauthorised use of your Account.
- At our sole discretion, we may refuse to allow any person to register or create an Account.
Conducting a Research Project
- As a Researcher, you are permitted to use the Platform to collect information from Research Project Participants for the purposes of your Research Project.
- Research project participants are Users of the Platform who have consented to participating in your Research Project (Research Project Participant).
To collect information for your Research Project, you must create a Post setting out details of your Research Project. We require you to set out the following details in your Post:
- details of the type of information required from Research Project Participants;
- information on the length of the Research Project and/or an estimated amount of time a Research Project Participant will be required to devote to participation in the Research Project;
- a link or links to any plain English statement you are required to produce by your sponsoring academic institution for the purpose of conducting the Research Project (if relevant); and
- a summary of the purposes of your Research Project.
You may only conduct a Research Project if:
- we approve your Research Project on the Platform;
- you have received all relevant consents and ethics approval from your academic institution (if relevant) and you can provide us with these consents on request;
- you obtain the consent of all Research Project Participants prior to collecting their User Content; and
- you obtain a minimum number of Research Project Participants to participate in the Research Project (this minimum number will be set out on the Platform). If the required minimum number of Research Project Participants do not consent to participating in your Research Project, then you will not be able to proceed with the Research Project on the Platform and no User Content will be made available to you. User Content is not released to you until the required minimum number of Research Project Participants have provided their consent.
Dealing with User Content
- You may collect User Content as part of a Research Project.
- User Content is information collected by the Platform with the consent of a User.
- When conducting a Research Project, you must specify the type of User Content you wish to collect.
- A Research Project Participant’s User Content is aggregated with all other Research Project Participants’ User Content to provide you with aggregate data for the purposes of conducting the Research Project. An individual Research Project Participant’s User Content will not be provided to you.
- We do not permit you to use the Platform to attempt to discover an individual Research Project Participant’s personal or individual information. The Platform is designed to help you retrieve aggregate data to conduct your research, not to study individual Research Project Participants.
- User Content remains the property of each Research Project Participant and nothing in these Terms assigns any intellectual property in any individual Research Project Participant’s intellectual property to you.
Fees and Payments
- It is free to establish an Account and Profile on the Platform.
- As a Researcher, you may offer remuneration to Research Project Participants for their participation in your Research Project (the Participant Fee).
- Any payment of the Participant Fee to a User may be made through our Platform, using our third-party payment service provider. You must have sufficient funds in your account to pay the Participant Fee to each Research Project Participant.
- In addition to paying the Participant Fee to Research Project Participants, you must pay our service fee (Service Fee) as is set out on the Platform. You agree to pay our Service Fee when your Research Project is approved and you have a sufficient number of Research Project Participants to be able to conduct the Research Project.
- To the extent permitted by law, our Service Fees are non-cancellable and non-refundable.
Licence to use our PlatformWe grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using our Platform to defame, harass, threaten, menace or offend any person;
- interfering with any User using our Platform;
- tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
- anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
- attempting to identify a User through any means;
- using our Platform to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors and no commercial use
Exclusion of competitors: You are prohibited from using our Platform, including the information and materials available on it (Platform Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
No commercial use: Our Platform is for your non-commercial use only. You must not use our Platform, or any of the Platform Content, for commercial purposes, including any marketing purposes, advertising or advertising revenue generation activity, without obtaining a licence to do so from us.
InformationThe Platform Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Platform Content, we make no representation or warranty regarding it, to the extent permitted by law. The Platform Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Platform Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Platform Content. Your use of our Platform and your use of and access to any Platform Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Platform Content.
You must not, without the prior written consent of ourselves or the owner of the Platform Content (as applicable):
- copy or use, in whole or in part, any Platform Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Platform Content to any third party; or
breach any intellectual property rights connected with our Platform, including (without limitation):
- altering or modifying any of the Platform Content;
- causing any of the Platform Content to be framed or embedded in another website; or
- creating derivative works from the Platform Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (Researcher Content) on our Platform. By making available any Researcher Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the Researcher Content, with the right to use, view, copy, adapt, access such Researcher Content on, through, or by means of our Platform. Where you request, we may also provide Researcher Content (such as ethics protocols and other experimental materials) to Users.
You agree that you are solely responsible for all Researcher Content that you make available on or through our Platform. You represent and warrant that:
- you are either the sole and exclusive owner of all Researcher Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such Researcher Content as contemplated by these Terms;
- you understand and agree that Research Project Participants may delete their User Content at any time. You understand that the deletion of User Content may affect your Research Project and you acknowledge that you perform any relevant Research Project with the knowledge that a Research Project Participant may delete their User Content. You choose to perform a Research Project at your own risk; and
- neither the Researcher Content nor the posting, uploading, publication, submission or transmission of the Researcher Content or our use of the Researcher Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any Researcher Content. We may, at any time at our sole discretion, remove any Researcher Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
- Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, other Researchers, User Content, Researcher Content, or Users including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free and free from viruses;
- our Platform will be secure; or
- a sufficient number of Research Project Participants will choose to participate in your Research Project or that you will achieve the desired results from your Research Project.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
- event or circumstance beyond our reasonable control;
- acts or omissions of you or your personnel;
- any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
- use of the Platform, Content, User Content or Researcher Content, including any User Content that is deleted by a Research Project Participant;
- interaction you have with other users whether in person or online;
- Content, User Content or Researcher Content which is incorrect, incomplete or out-of-date; or
- breach of these Terms or any law.
- You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
- This clause will survive the termination or expiry of these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
- You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. No refunds of our Service Fee will be made upon cancellation.
- We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
- At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if you are in breach of these Terms, any applicable laws, regulations or third party rights.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Unforgettable Research Services Pty Ltd ACN 622 787 946
or via email on our contact page
Last update: 13 March 2018