Terms & Conditions
In these Membership Terms:
Australian Consumer Law means all laws and regulations made under Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Community means the Linkt Online Panel online community, found at the Website.
Confidential Information means all confidential information and includes (a) information about Bastion Latitude and Transurban or their products and services that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; (b) Responses provided in connection with the Project; and (c) any Materials or other information that Bastion Latitude, other Community Members or I share with the Community;
Materials has the meaning given in clause 4.2;
Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;
Register Now Survey means the application survey and record of personal details submitted by a person applying to be a Member in relation to the Project;
Bastion Latitude means Bastion Insights Pty Ltd t/a Bastion Latitude (ACN 610 294 829);
Member means a person who has been accepted for membership of the Project;
Membership means a Member's membership of the Project;
Membership Terms includes this document and all documents incorporated by reference;
Project means the project named above and established by Bastion Latitude and Transurban to survey the opinions of customers and/or Members for market research purposes;
Transurban means Transurban Limited (ABN 96 098 143 410) and members of the Transurban Group;
Transurban Group means: (a) Transurban International Limited (ACN 121 746 825), Transurban Holdings Limited (ABN 86 098 143 429) and Transurban Holding Trust (ARSN 098 807 419) by its responsible entity Transurban Infrastructure Management Limited (ACN 098 147 678), but only while the securities of those entities remain stapled securities (together the Stapled Entities); (b) each company in which the Stapled Entities, whether individually or collectively, own (directly or indirectly) 50% or more of the voting shares; and/or (c) each company which is for the purposes of section 50AA of the Corporations Act 2001 (Cth) under the "control" of the Stapled Entities, whether individually or collectively. The Supplier and Company agree that the entities that make up the Transurban Group will change from time to time such that entities which were not previously part of the Transurban Group as at the date of these Terms may at a later date become part of the Transurban Group. For the avoidance of doubt, as at the Commencement Date, the Company forms part of the Transurban Group; and
Website means the Project website located at www.linktpanel.com.au
2.1 To become and to remain a Member, you must:
be 18 years of age or over;
live in Australia;
apply to become a Member by completing and submitting to Bastion Latitude the Register Now Survey;
have an active, permanent and operational email address to communicate with Bastion Latitude for the purposes of the Project;
be accepted as a Member by Bastion Latitude;
provide at least one response each calendar quarter;
regularly participate in any surveys or discussions in which you are invited to take part, not including the Register Now Survey; and
comply with these Membership Terms.
2.2 Membership numbers are limited. Bastion Latitude may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. If your application for Membership is unsuccessful or if your Membership is revoked, you may reapply for Membership at any time. Membership is personal to you and cannot be transferred to another person.
2.3 You may cancel your Membership by sending an email to email@example.com and inserting the words "Request Removal" in the subject line.
2.4 By becoming a Member, you consent to receiving emails from Bastion Latitude in connection with the Project, including emails inviting you to participate in research related to the Project.
2.5 Bastion Latitude or Transurban may provide you with Confidential Information. You agree not to disclose or use any of Bastion Latitude’s or Transurban’s Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.
2.6 You agree that your participation in the Project is voluntary and that, other than an opportunity to participate in Project-related promotions run by Bastion Latitude, you will not receive remuneration or reward from Bastion Latitude for your participation in the Project.
2.7 You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity which may cause loss, damage or diminish the reputation of you, Bastion Latitude or its products or Transurban.
3.1 Bastion Latitude may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).
4.1 I understand that in order to receive my incentives, the full details of which are described on the Website here I must continue to participate in the Community’s activities at least once every 6 months, as invited.
4.2 I agree that any information, comments, photos or images (together “Materials”) I post in the Community are part of an online community for market research for the Community only..
4.3 I agree that Bastion Latitude may (at no charge) duplicate, alter, adapt and utilise the Materials to provide such information to Transurban.
4.4 I agree that Bastion Latitude may review, edit or delete Materials you or others post in the Community, but are not obligated to do so.
4.5 I agree that by being part of the Community I may receive communications (via email, phone or post) from Bastion Latitude in connection with the Community.
4.6 Unless specifically told otherwise, I agree to keep confidential all information that Bastion Latitude, other Community Members and I share with the Community.
4.7 I agree not to copy or download any Materials posted by others in the Community, including Bastion Latitude and Transurban.
4.8 I agree not share or show any Materials posted by others in the Community on social media, print media, in person, in emails or any via other medium.
4.9 I agree not to use behaviour that does not support a safe and comfortable environment for all Members of the Community, or to engage in any commercial activity.
4.10 I agree not to submit any Materials:
that are in any way harmful (including due to any virus, worm or trojan horse), threatening, libellous, scandalous, inflammatory, obscene, offensive, defamatory, pornographic, indecent, profane, racist, or that could constitute or encourage a violation of any law; or
that are fraudulent (including submitting Material that is or contains the original work of another person).
4.11 I acknowledge that I will be liable to the extent permitted by law for any claims made in relation to Materials I post to the Community and indemnify Bastion Latitude in relation to any such claims (including in relation to intellectual property, privacy and confidentiality rights).
4.12 I understand that Bastion Latitude does not endorse the information posted in the Community.
4.13 To the extent permitted by law, my Membership in and access to the Community is strictly at the discretion of Bastion Latitude and may be revoked at any time without cause and without notice.
4.14 Bastion Latitude may change these terms & conditions from time to time. If this happens, Bastion Latitude will post the changed terms & conditions on the Community Website, together with a notice on the homepage to notify me that the terms & conditions have changed. I acknowledge that my continued use of the Community Website following a change to the terms & conditions will be treated, to the extent permitted by law, as acceptance of that change.
5.1 Except for the statutory guarantees set out in the Australian Consumer Law, Bastion Latitude and Transurban exclude all warranties and disclaims all representations in relation to any goods or services provided to you by Bastion Latitude or its agents in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available".
5.2 Neither Bastion Latitude nor Transurban will not be liable for any loss, damage or injury suffered or sustained as a result of any person becoming a Member or participating in the Project, except for any liability which cannot be excluded by law.
6. Your Privacy and Responses
6.1 Bastion Latitude will use the information you provide to run and manage the Community. Your information may be disclosed to people within the Bastion Latitude group of companies and to our marketing agencies and contractors for this purpose. If you do not provide your personal information you will not be able to participate in the Community. If you have any questions about privacy or to access your personal information, please email at firstname.lastname@example.org.
6.3 By participating in the Project, you assign to Bastion Latitude all rights, title and interest in your Responses upon creation and you consent to Bastion Latitude, and each of its successors and assigns, and anyone authorised by any of them, using your Responses in anyway.
6.4 You warrant that each Response is your original work and that you must not breach any third party rights in communicating a Response to Bastion Latitude. You warrant that your Response is accurate and reliable.
6.5 You will provide Bastion Latitude with any consent or other permission that Bastion Latitude requires to use your Response as set out in these Membership Terms. Bastion Latitude is not required to pay any fee to use any Responses, no matter how that Response is used, except as otherwise set out in this agreement.
7.1 Bastion Latitude owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not reproduce on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.
7.2 You agree that any "Project" and "Bastion Latitude" logos are trade marks of the Bastion Latitude group of companies. All rights in those trademarks are reserved by the Bastion Latitude group of companies. Any other trademark appearing on the Website is the property of its respective owner.
8.1 These Membership Terms may be changed or varied at any time by providing you with notice and with immediate effect by Bastion Latitude in its absolute discretion. Should you not agree to any variations, then you may cancel your Membership at any time.
8.2 Bastion Latitude may use an agent or contractor to carry out all or part of the Project in its absolute discretion.
8.3 These Membership Terms are governed by the laws of Victoria, Australia.
8.4 You are not, by virtue of your participation in the Project, an employee or contractor of Bastion Latitude or any of Bastion Latitude’s related entities, agents or contractors. The relationship between you and Bastion Latitude is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.