Terms and Conditions
Effective 21st April 2015.
1. IntroductionThe MOBROG Website - www.mobrog.com/en-au ("Site") and service ("Service") is at present owned and operated by SPLENDID RESEARCH GmbH, Barmbeker Straße 7a, 22303 Hamburg, Germany (referred to hereafter as "MOBROG", "Site" or "Service").
2. Acceptance of TermsMembership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms and Conditions' ("TAC").
BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TAC.
3. Description of ServiceThe MOBROG member program is operated as a survey panel for individuals who voluntarily register on the Site ("Members"), and agree to, and abide by these TAC. The member can participate at offered surveys connected to the service and operated by MOBROG or third parties. The member has no right to participate at surveys or to get invitations.
4. MOBROG Reward SystemMembers may be invited by email to a certain survey under specification of the possible reward that they may receive for the valid (according to these TAC) completion of that activity. The invitation email may include specific information about the possible reward.
However, in some cases if a certain survey is not available anymore or the Member is not suitable for the survey for any reason, the Member may be forwarded to a similar but differently rewarded survey. The Member has the right to refrain from the conduction of these surveys.
The Member will not be rewarded if his survey responses contain invalid and/or untrue information. Untrue and/or invalid information may result in membership cancellation.
Payment to the Member is limited to two transactions per day with a maximum amount of 8.50 AUD per transaction.
Rewards cannot be transferred to other Members or third parties.
You hereby explicitly agree to accept email messages from MOBROG.
MOBROG reserves the right to send you email messages from time to time that do not contain survey invitations and for which you may not be rewarded. Such messages may include system updates; administrative announcements; special requests, etc. MOBROG is under no obligation to provide you with any particular number of opportunities to earn rewards or to send messages to you.
As a condition of your membership you represent and warrant that:
a. You are at least 18 years of age;
b. You use a unique email address;
c. You are a permanent resident of Australia;
d. All information supplied by you is complete, true and accurate;
e. You understand and agree that if your account is terminated for your breach of this agreement, any accrued MOBROG Reward Points and outstanding or undelivered rewards will be forfeited and you will lose the right to participate in the program, including any current offers or rewards.
f. You understand and agree that in addition to these TAC, conditions for rewards will be published separately and will be governed by the official terms of the survey as announced to you;
g. You understand and agree that MOBROG will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued MOBROG rewards;
h. You must not maintain more than one account on the Site*;
i. You must inform MOBROG of any change of your personal information, especially changes of your email address as rewards will be transmitted through PayPal to the email address specified in your account profile;
j. You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify MOBROG; and
k. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting MOBROG Reward Points or with any other activity on the site.
MOBROG may reject any new member application from any person with or without cause at its sole discretion. MOBROG reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TAC.
*www.opinionhero.com, www.befragmich.de, www.mymarktforschung.de
6. Linked SitesMOBROG may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by MOBROG in any way. MOBROG is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply MOBROG's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall MOBROG be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. MOBROG reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.
8. Disclaimer of WarrantiesMOBROG is trying to make its services accessible for a possibly high number of Members. Due to a high technical diversity regarding hardware devices, operating systems, browser types and other technical specifications, MOBROG cannot guarantee compatibility with all existing devices, operating systems and browsers. In case a sound use of MOBROG is not possible on certain devices, this shall not be considered an act of discrimination or aimed exclusion of single persons from the services by MOBROG.
The liability for availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, MOBROG excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable.
9. Limitation of LiabilityTo the extent permitted by law, MOBROG, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MOBROG has been advised of the possibility of such damages), except from all injuries of life, body or health and in cases of gross negligence or in legal warranties independent of negligence, resulting from:
- the use or the inability to use the service;
- the use of, or reliance on any information published on the site;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
SPLENDID RESEARCH GmbH or its successor shall not be obliged to issue any Rewards that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.
10. IndemnificationYou indemnify MOBROG, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to your use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.
11. TerminationSuspension of Member Account
If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account but will not receive an survey invitations or any other email messages until we have re-validated your email address. To change your email address you have to contact our support naming your former and new email address.
Termination of Membership by the User
You have the right to terminate this agreement between you and MOBROG at any time without notice and for any reason. The termination can be simply carried out by deleting your Member account. In such case you will have no right to claim any recovery or reconstruction of your content towards MOBROG. If you terminate your membership you will forfeit any outstanding or undelivered rewards due.
Termination of Agreement Regarding Free Services by MOBROG
MOBROG has the right to terminate any agreement regarding the use of its services with a 30-days notice. In such case you will be notified by email.
Termination for Grave Cause
MOBROG's right to terminate the agreement and membership for grave cause remains unaffected. MOBROG can invoke a grave cause especially in case you fail to comply with or infringes a material clause of this Agreement. In such case, MOBROG has the right to exclude you from any access to the offered services for now as well as for the future. MOBROG will in such case delete your member account including all content, to the extent provided by law.
MOBROG in particular reserves the right to terminate your membership without notice in the following cases:
- Your account has been suspended for more than 10 months;
- You use the account for sending chain letters or mass-mailings;
- You enforce or action illegal pyramid- or structural-sales & -distributions;
- You enforce or action sexually explicit or harassing communication in a way that violates the protection of minors and personality rights;
- You use MOBROG to publish extremist or Constitution-infringing or -violating content.
- You avoid technical safety precautions;
- You spread viruses and/or malware;
- You copy parts of the services or the whole service;
- You share or reconstruct any source code for commercial, abusive or destructive purposes;
- You are involved in parsing and / or automated reading of software, directories, data or content from the MOBROG Services;
- You create, share, publish or integrate external apps or other irrelevant content into the MOBROG services.
If MOBROG terminates your membership you will forfeit any outstanding or undelivered rewards due. Once your membership has been terminated by us you will be ineligible to re-enroll at any future date.
12. Intellectual PropertyAll pages and content within this Site and related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorized for use by MOBROG and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit or distribute in any way content available on this site without the prior written consent of MOBROG.
13. Applicable LawThese Terms and Conditions are governed by the laws of Germany without giving effect to that country regarding conflicts of laws. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This document sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
14. QuestionsIf you have questions regarding these Terms and Conditions please contact us by e-mail using the contact form provided at this website.
15. Salvatory clause
Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.