Terms and Conditions
Headings and subheadings in this document are for convenience only and do not materially affect the intent of the document.
Use of this the application entails that the user has accepted these terms and conditions
- SurveyFiesta welcomes all visitors, without prerequisites, to its application, www.SurveyFiesta.com, and/or the application program for mobile devices which access the same database. (hereinafter referred to as “the application”).
- "Visitor" or "User" means a legal person who accesses a web site, service, application program, or other computer program.
- "You" means you, the visitor or user.
- "We" and "SurveyFiesta" means the company providing this application.
- "application" or "site" means this website or computer program in its entirety including all modules, parts, sub-sites, but excluding "Foreign sites".
- "Foreign sites" means any link or embedded content of this website which is not hosted by SurveyFiesta.
Copyrights and Content
- The application is owned and operated by SurveyFiesta and is protected by copyright both locally and internationally in all major countries and trade treaty areas.
- Any resemblance between this product or application and any other competing or similar products or applications is coincidental and is clearly an obvious feature or design which is necessitated by the very nature of surveys and questionnaires in general. SurveyFiesta will therefore also not entertain copyright infringement claims or patent infringement claims made by third parties, since the design and features of surveys and questionnaires is public domain knowledge.
- You are prohibited from reproducing, distributing, retransmitting, or using in a commercial manner any of the information or materials provided on the application without the prior written consent of SurveyFiesta except public-facing surveys or questionnaires whose copyright status(es) may be subject to different terms imposed on the person viewing the survey or questionnaire on a case-by-case basis.
- You are authorized to download or print a copy of information or materials provided on the application for personal, non-commercial home or research use as long as you do not remove or obscure the copyright or other proprietary notices.
- All content on this application (except where iframed, or where created by persons in their private capacity), but including the templates, designs, logos or layout of the application, are copyright to SurveyFiesta, except where otherwise indicated.
- All content uploaded to this application and shared via this application immediately falls under the Creative Commons License, Attribution, NonCommercial, Sharealike (CC-BY-NC-SA) license, except where otherwise indicated or where the property of SurveyFiesta as envisaged in the clauses above. This clause assumes that the user understands the CC-BY-NC-SA license and if not, that the user will read it first before agreeing to these terms and conditions.
- Commercial content shared via this application will be marked as such and its copyright stated clearly within it. All commercial content is copyrighted to its respective copyright holders and may not be downloaded or shared without explicit permission in writing by the copyright holders. All copyrighted commercial content presented in this application is presented by SurveyFiesta as a courtesy to users. Records of downloads are maintained. Copyrighted materials are copyrighted under the copyright regime of their home country(ies).
- Commercial content that is downloaded from this application may only be used for academic purposes by the person who downloaded it, and may not be printed in its entirety (i.e. per document), nor may it be shared, placed online elsewhere, copied, emailed, or made available to other persons electronically or in hard copy form, using any means or technology whatsoever.
- Users may not upload content, statements or communications via this application which are offensive or in violation of the terms of the Constitution of the Republic of South Africa, as amended, 1996. In particular, all content that is racist, offensive, depicting or advocating violence, or content which is pornographic, may not be stored, placed upon, or transmitted via this application. Such content will be removed without warning and result in the removal of the offending user.
- Content created by SurveyFiesta staff may not necessarily represent the official views, stance or policies of SurveyFiesta. The official policies of SurveyFiesta are available encapsulated in this Terms and Conditions document/agreement. All statements outside of this document should be considered unofficial.
- All data given to SurveyFiesta by the user is given with the user’s express permission and the user may not hold SurveyFiesta liable for the user’s access to it, or any putative violation of data privacy, as such access is necessary for the functioning of SurveyFiesta. For example, administrative action pursuant to a legal investigation of a user.
- SurveyFiesta will ensure that all content not explicitly selected as public content by you, the user, will remain private, so far as is reasonably possible.
- Password data will be encrypted, however, other data will not be encrypted due to the need of users to be able to search for content.
- In the event that a user does not wish SurveyFiesta to have access to the user’s data any longer, or no longer wishes to make use of SurveyFiesta’s services, the user should notify SurveyFiesta in writing at email@example.com.
- In the case where a user's private data is deemed to have been exposed publicly due to poor security behaviours on the part of the user, e.g. due to a poor password choice or due to the need to publicly declare the authenticity of a survey, the onus will be on the user to remedy such breach.
- SurveyFiesta will not be held liable for any data privacy breach due to poor security on the user’s part.
- In particular, if a user registers a company or organisation on the SurveyFiesta application, and/or uploads that company/organisation’s logo, and, the user subsequently creates surveys whilst purporting to represent that company/organisation, the user’s contact details will be made public so that in the event of false representation, misrepresentation, slander or defamation, that the user is directly contactable by the aggrieved party.
- It is therefore imperative that all users are aware that they should not represent as a company/organisation if they are not in fact so authorised to represent such company/organisation.
- You, the user, recognise that SurveyFiesta may from time to time access search caches in order to acquire statistics about general usage and content needs. In accessing search caches, SurveyFiesta will to the best of its ability not attempt to correlate your search records with your name, even if such records exist.
- You, the user, understand that SurveyFiesta has in principle full access to all your private records stored in this system including and not limited to your contact details, address details, and any other details voluntarily submitted by you, except for your password, and that in using this system, you accept that SurveyFiesta may in cases of criminal investigation, access your data and deliver it to the relevant law enforcement authorities.
- SurveyFiesta will use any social media information or authorisation Application Programming Interfaces (APIs) only for authentication purposes and will never withdraw information regarding users from their social media, in particular, it will never request their friend list, contact details, or posts or “likes” from social media.
- SurveyFiesta guarantees that we will respect all user data and will not on-sell it or surrender it to third parties without legal writ so instructing us and only in a case of a court summons or subpoena. We will notify all users in advance in all cases, so as to request permission, in the event of any need to access data by third parties.
Content Backups and Guarantees
- SurveyFiesta makes no representation hereby that content placed on the application will remain on the application for any period of time.
- Whilst all good and reasonable measures will be taken to ensure the integrity of the application data, all data may at any time be erased at the discretion of SurveyFiesta.
- Whilst all good and reasonable measures will be taken to ensure the integrity of the application data, SurveyFiesta does not warrant in any way that backups taken of the application will be successful and that lost data can be retrieved. In particular, no incremental backups will be guaranteed of individuals' data. The onus is on the individual user to back up his or her own data.
- In the event that a user deletes a survey, there is no obligation on SurveyFiesta’s part to recover the survey from backups. Any request for data recovery will attract a fee.
Bugs and Feature Requests
- All bugs, errors, feature requests or malfunctions in the software may be reported to bugs@SurveyFiesta.com, however, SurveyFiesta reserves the right to not respond to any such communications, including and not limited to determining whether it is necessary to engage you (the user) on eliminating any bugs or adding any features.
- All feature requests or design suggestions sent to SurveyFiesta become the property of SurveyFiesta from the moment the email is sent to SurveyFiesta. No claims of intellectual property, copyright, or ownership of unsolicited feature suggestions or design suggestions will be entertained, even if email sent contains such assertions of copyright.
Community Behaviour Terms and Conditions
- Membership of SurveyFiesta and usage of this site as a member is at the discretion of SurveyFiesta and is subject to the user membership being in good standing, particularly compliance with community terms and conditions identified in this section (Community Behaviour Terms and Conditions).
- Objectionable content includes viruses or other malware, aggressive or insulting communications towards any person including staff members of SurveyFiesta, the displaying or upload of pornographic, racist, sexist, or ableist content, incitement to harm, visual or aural depictions of violence, advocacy towards violence, hate, sexism or racism, or discrimination on any grounds whatsoever.
- No objectionable content as defined above may be uploaded to SurveyFiesta or sent to its email addresses.
- Surveys researching peoples’ attitudes towards or responses to objectionable content must submit their research proposal to firstname.lastname@example.org for ethical vetting. The fee for this vetting will vary from time to time.
- The use of this application is subject to Section 9 of the Constitution of the Republic of South Africa (as amended in 1996) which defines the modes of discrimination and the prohibition of all forms thereof. No law national, local, geographical or international shall supersede this clause.
- SurveyFiesta hereby disclaims any responsibility for the content of foreign sites linked to or iframed within this application. Any views, content or other representations made on foreign sites, whether linked to or iframed within this application, are not the responsibility of SurveyFiesta and do not purport to represent the views, content or legislation promulgated by SurveyFiesta.
- Any foreign site linked to within this application is linked to as a courtesy and may be removed at the sole discretion of SurveyFiesta.
- The application may provide hyperlinks to sites maintained by third parties. SurveyFiesta has no control over third-party sites or content and does not necessarily endorse the content of linked sites. In addition, SurveyFiesta may allow users to post information or otherwise use interactive services such as a Facebook page or LinkedIn group, , but SurveyFiesta does not necessarily endorse the opinions expressed by users.
- Any foreign site found to contain materials which are objectionable in terms of the relevant clause above, will be removed without warning.
- SurveyFiesta hereby disclaims any responsibility for the content of this application regardless of whether or not the said content was generated within this application. Any views, content or other representations made on surveys controlled by individual users, whether linked to or iframed within this application, are not the responsibility of SurveyFiesta and do not purport to represent the views, content or legislation promulgated by SurveyFiesta.
- SurveyFiesta accepts responsibility only for surveys, content and materials sanctioned by SurveyFiesta and marked as official SurveyFiesta materials. The user or visitor should assume that materials which are not clearly marked as SurveyFiesta materials, are not SurveyFiesta materials, and may contain errors or other incorrect or offensive content uploaded by third parties.
- The application provides a complaint reporting button to report complaints about content. Complaints about content should not be submitted via email.
- Any individual site or page linked to within this application is linked to as a courtesy and may be removed at the sole discretion of SurveyFiesta.
- Users of this application may not solicit any form of unprofessional, personal, romantic or non-academic relationship with any other user of this application. Users may only communicate with each other by mutual consent and only if such services are provided which are fit for such purposes.
- Users may not attempt to gain access to resources which grant higher level privileges on the application.
- Users may not give their password to anyone, including SurveyFiesta staff or employees.
Return / Refund Policy
- In the event that a user does not wish SurveyFiesta to have access to the user’s data any longer, or no longer wishes to make use of SurveyFiesta’s services, the user should notify SurveyFiesta, in writing, at the email address email@example.com.
- Any repeat payments which are to be deducted from the user’s account or credit card may still occur even if the user’s account is deleted. The onus is on the user to directly and explicitly cancel all product purchases prior to account deletion and to formally inform SurveyFiesta of the same in writing at firstname.lastname@example.org.
- Items, features, functions or additional capabilities which are ordered from SurveyFiesta will be delivered to the customer digitally only and SurveyFiesta may at its discretion send an email reflecting such purchase. The onus is on the end-user to check their “spam” or junk folder to locate such mails in the event that they are missing.
Waiver of Warranties
- The information and materials on the application are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permitted by applicable law, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Information or materials on the application or any linked site may contain technical inaccuracies or typographical errors. SurveyFiesta does not make any representations or warranties regarding the accuracy, completeness, timeliness, or appropriateness for a particular purpose of any information or materials provided on the application or any linked sites which may be embedded in other surveys.
- SurveyFiesta does not warrant or represent that the application or any linked sites will operate error-free or that such the applications or their servers are free of computer viruses or other items of a destructive nature. You assume the risk in using the application or any linked site.
Limitation of Liability
- In no event will SurveyFiesta be liable to any party for any direct, indirect, special, or other consequential damages for any use of the application or any linked site including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise regardless of whether SurveyFiesta is advised of the possibility of such damages.
- You agree to defend, indemnify, and hold harmless SurveyFiesta, its affiliated entities, and directors, officers, employees and agents of SurveyFiesta and its affiliated entities from and against any and all liabilities and costs, including, but not limited to, reasonable attorney’s fees, resulting from your use or misuse of the application or your breach of any of the terms of these Terms and Conditions.
- SurveyFiesta makes no representations or warranties that the information or materials in the application are appropriate or available for use in locations outside the Republic of South Africa. You assume the risks in accessing the application from outside South Africa and are solely responsible for compliance with all applicable laws.
- These Terms and Conditions shall be governed by the laws of the Republic of South Africa without regard to the conflicts of law rules thereof. Any legal action, suit, or proceeding with respect to this Agreement shall be brought exclusively in a court of competent jurisdiction in Republic of South Africa
- These Terms and Conditions constitute the entire agreement between you and SurveyFiesta with respect to your use of the application.
- SurveyFiesta reserves the right to terminate the application or any of its services at any time. In addition, SurveyFiesta may terminate your right to access the application or any of its services for any violation of these Terms and Conditions.