Terms and conditions

WEBSITE AND ONLINE STORE TERMS OF USE

Agreement

Roy Morgan requires that all visitors to the Roy Morgan website and the Roy Morgan Online Store adhere to the following Terms of Use. By accessing and using the Roy Morgan website, you indicate expressly your acknowledgement and acceptance of these Terms of Use. By using the Roy Morgan Online Store you agree to be legally bound by these Terms of Use.

If you do not agree with these Terms of Use, you should not use the Roy Morgan website or the Roy Morgan Online Store.

The term “you” or “your” refers to the user of the Roy Morgan website.

Roy Morgan may change, suspend or discontinue any aspect of the Roy Morgan website at any time, including the availability of any feature, database or content, and including in respect of prices and availability of items.

Roy Morgan may also impose limits on certain features and services and/or restrict your access to parts or all of the Roy Morgan website without notice or liability of any kind.

By purchasing Product from Roy Morgan you agree to receive electronic mail from Roy Morgan. If you wish to cease receiving such communications contact Roy Morgan Online enquiry desk on (+61) 1800 633 813 or elect to use the unsubscribe button on the web site.

Use of Product and Content

When you purchase Product from Roy Morgan’s Online Store, you are permitted to copy electronically and print hard copies for your own lawful use, provided that such copies clearly display Roy Morgan’s copyright and any other proprietary notices. None of the pages or any other data copied from this website may be sold, or passed onto any other parties not being the lawful owner of the data.

Roy Morgan Product and Content from the Roy Morgan website may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without Roy Morgan’s prior written consent. The Contents on the Roy Morgan website are provided for lawful purposes only.

Any unauthorized use of Roy Morgan Content, or Products may violate copyright, trademark and other laws and intellectual property rights of Roy Morgan or third parties, and may give rise to a claim for damages and/or be a criminal offense.

If you breach these Use of Product and Content provisions, despite anything else contained in these Terms of Use, Roy Morgan may prevent or restrict access to the Roy Morgan Website and Roy Morgan Online Store to such an extent and in such a way as Roy Morgan may determine in its absolute discretion.

Fees, Good and Services Tax and currency

Roy Morgan reserves the right to review and change the advertised fees payable for Products in the Roy Morgan Online Store in its absolute discretion.

If you are an Australian resident, Goods and Services Tax will be added to the price of the Product where such tax is applicable.

If you are a non -Australian resident the charges will be processed in Australian Dollars on the day of purchase.

Prices displayed on the Roy Morgan Online Store have been calculated without regard to GST except where stated otherwise. If the whole or any part of any such amount is the consideration for a taxable supply for which Roy Morgan is liable to pay GST, Roy Morgan may charge you, and you agree to pay, an additional amount equal to the GST payable in respect of the taxable supply calculated on the basis that the value of the taxable supply is the amount payable for the taxable supply excluding any GST.

Intellectual property

All Content, and all Products in the Roy Morgan Online Store, are copyrighted and owned or controlled by Roy Morgan unless otherwise noted.

You acknowledge and agree that the Roy Morgan Website and Content, and Products in the Roy Morgan Online Store, and all intellectual property and other rights (present and future) in and to the Roy Morgan Website or any Content, and Products in the Roy Morgan Online Store, are and will be owned by and vested in Roy Morgan. You acknowledge and agree that you do not have any licence or right to use any Trade Mark without the express written permission of Roy Morgan.

If you become aware of any infringement or threatened infringement of any intellectual property or other right of Roy Morgan in or to the Roy Morgan Website or any Content or Trade Mark, or any Products in the Roy Morgan Online Store, you must promptly notify Roy Morgan of that infringement or threatened infringement.

Personal information

You acknowledge and agree that any personally identifiable information that may be received from you (or as a result of your visit to the Roy Morgan website or the Roy Morgan Online Store is provided voluntarily by you, and is governed by the terms of our Privacy Policy.

These Terms of Use should be read in conjunction with Roy Morgan’s privacy policy at https://www.roymorgan.com/legal/privacy

When you access the Roy Morgan website or the Roy Morgan Online Store, Roy Morgan may make a record of your visit and log information for statistical and security purposes. This information does not include any personally identifying information but may include your server address and domain name, the operating system used on your computer, the date, time and duration of your visit to this site, the pages you access while at this site, the previous site you visited and the type of web browser you are using. This information is used to analyse the site's usage and performance and to refine and develop the Roy Morgan website.

If you register on the Roy Morgan website, use the Roy Morgan Online Store, or subscribe to our services, Roy Morgan may ask you to provide certain personally identifying information about yourself. Roy Morgan will use this information you provide to us on this site to provide a Product or service, fulfil your requests for notification about new services, authenticate your identity if you ask us to reset your password for the site, contact you from time to time regarding other services which you may be interested in, personalise our site for you based on your stated preferences and areas of interest.

Roy Morgan will not disclose any personally identifying information to any other third parties without your permission, unless required to do so by law.

Roy Morgan’s web server may send cookies to your web browser in order to improve the functionality of the Roy Morgan website. A cookie is a small packet of information that is placed on your computer by our server. Roy Morgan uses cookies to support your current activity on the Roy Morgan website and Roy Morgan Online Store by providing a unique identifier in order to allow our web server to distinguish your web browser from any other web browser accessing our site. Neither the Roy Morgan website nor the Roy Morgan Online Store stores any personally identifying information in cookies. If you have logged in to the Roy Morgan website as a registered user, Roy Morgan will use cookies for security purposes to track your access.

Cookies are also used to assist Roy Morgan’s advertising online. Roy Morgan uses advertising vendors like Google to display advertising, including re-marketing, on sites across the Internet. This is assisted by the use of cookies. If you do not wish for this to occur you can opt-out by visiting the Ads Preferences Manager.

Representations and warranty

You acknowledge and agree that purchasing any Product, you do not do so on the basis of, and do not rely on, any representation, warranty, statement or promise except as set out above, and all conditions, warranties and other terms which would be implied or otherwise incorporated into sale of the Product to you as binding on Roy Morgan are excluded to the fullest extent permitted by law.

Roy Morgan makes no other warranty of any kind relating to the Roy Morgan Website or any Content, or any Products in the Roy Morgan Online Store including as to:

  1. strongnon-infringement of third party rights, merchantability, fitness for any particular purpose or use, or accuracy or completeness; or
  2. the absence of viruses or other contaminating or destructive properties in the software used to gain access to or use a Product.

Roy Morgan will not be liable for any damages or injury caused by a Product, Content or software, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure.

Roy Morgan will not be liable to you or any third party for any damages or injury, including but not limited to, indirect, special, incidental, reliance, consequential or punitive damages that result from the use of, or the inability to use, the Roy Morgan Product or Content, or software, even if there is negligence or even if Roy Morgan, or an authorised representative of Roy Morgan, has been advised of the possibility of such damage, or both.

The limitations or exclusions in the previous paragraphs may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability as asserted. In such cases, Roy Morgan’s total liability to you for all losses, damages and Causes of Action will not be greater than the amount you paid to access the Roy Morgan website or purchase the Product (as the case may be).

Linked sites

The Roy Morgan website may include links to other sites which are not maintained by Roy Morgan. Roy Morgan is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Roy Morgan of the sites or any products or services referred to on those sites.

Roy Morgan may terminate a link at any time.

The terms of use and privacy policies applicable to such sites may be different from those applicable to the Roy Morgan website.

If you access any third party site linked to the Roy Morgan website, you do so entirely at your own risk and Roy Morgan will have no liability for any loss or damage arising from your use of any such site.

Contact

The Roy Morgan Online Store Enquiry Desk can be contacted on (+61) 1800 633 813 or email on Enquiries@roymorganonlinestore.com

General

These Terms of Use are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

If any provision of these Terms of Use is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.

Definitions and interpretation

In these terms and conditions, unless the context otherwise requires:

Cause of Action means any cause of action in contract, tort (including without limitation negligence, product liability and strict liability) or otherwise.

Content means all the Web products and services, information, materials, data, images, graphics, sounds and other components on the Roy Morgan website;

Product means any Profile or Report or other data displayed on and available for purchase from the Roy Morgan Online Store, including but not limited to Customer Profiles, Currency Reports, Leading Indicator Reports, Consumer Confidence Reports, State Of The Nation Reports, Customer Satisfaction Reports, and all other items displayed on and available for purchase from the Roy Morgan Online Store

Roy Morgan means Roy Morgan Research Limited ABN 91 007 092 944 and where relevant includes its related bodies corporate;

Roy Morgan Online Store means Roy Morgan’s online store website at www.store.roymorgan.com

Roy Morgan Website means Roy Morgan's website at www.roymorgan.com

Trade Mark means a trade mark shown in Content or a Roy Morgan Product.

In these terms and conditions headings and bold typing are included for convenience only and do not affect interpretation and, unless the context otherwise requires:

  1. a reference to a word includes the singular and the plural of the word and vice versa and a reference to a gender includes any gender;
  2. a term which refers to a person includes a company, a partnership, an association, a corporation, a body corporate, a joint venture, a sovereign state, a government or a government department or agency;
  3. no provision of the Terms of Use will be construed adversely to a party solely on the ground that the party was responsible for its preparation.