Last updated: Mar-7-2013

Please read this Agreement carefully. This Agreement is a contract between you and SurveyPie Australia, 18/438-452 Forest Road, Hurstville, NSW 2220 ("SurveyPie Tech"). SurveyPie Tech operates www.surveypie.com and www.diaochapai.com (collectively, the "Site") and the services available through the Site or otherwise provided by SurveyPie Tech (the "Services"). By using the Site and any services accessible, you agree to be bound by the following terms and conditions ("Terms of Service"). If you do not agree with any of these Terms of Service, do not use any of the SurveyPie Site or the Services.

SurveyPie may update or modify this Agreement or to SurveyPie website at any time. If you cannot accept any modification, you shall stop using this Site and the Services immediately. If you continue using this Site and the Services, we will consider your use as acceptance to all changes made.

Your Account

In order to open an "Account" with SurveyPie, you must agree to these Terms of Service and provide a valid email address. You are solely responsible for maintaining the security of your account and password. SurveyPie will not be liable for any loss or damage from your failure. You are also solely responsible for any contents that you create using SurveyPie Service ("Content") and activity that occurs under your Account (even when Content is created by others who have access to your Account). Personally identifiable information submitted by you shall be subject to SurveyPie's Privacy Policy.

SurveyPie Tech reserves the right to terminate or suspend any account if it remains inactive for a period longer than 12 months.

User's Responsibilities

In connection with your use of the Site and the Services, and without limiting any of your other obligations under this Agreement or applicable law, you:

1. shall comply with: (i) this Agreement and all other policies published on the Site, (ii) all local and international laws applicable to you, (iii) all other rules or regulations applicable to you, and (iv) all privacy policies or similar policies or procedures to which you may be bound that are related to your use of the Services;
2. shall not upload, post, email, distribute, communicate, transmit or otherwise make available any Contents: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with an employment relationship or pursuant to a confidentiality agreement), or (iv) that comprises or includes any "junk mail", "spam", "chain letters", "pyramid schemes", or any similar form of solicitation;
3. shall not use the Site or the Services to send surveys, polls, forms or any other material to individuals under the age of majority in his or her place of residence ("minors") unless you are permitted to do so under all applicable laws, or to harm minors in any way, and shall not send surveys, polls, forms or any other material to minors that would subject SurveyPie to any local or international law, rule or regulation governing children's privacy, rights of personality or otherwise related to protecting minors;
4. shall not impersonate any other person or entity, including SurveyPie, or falsely state or otherwise misrepresent your affiliation with any other person or entity;
5. shall not interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;
6. shall not engage in excessive usage of the Site or the Services, as in SurveyPie's sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disturbs the availability of the Site and the Services for other users;
7. shall not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner;
8. shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Site, or the Services.

You further acknowledge and agree that SurveyPie may cooperate with any governmental authority in connection with any investigation into your use of the Site or the Services, and may, in accordance with applicable laws, disclose any Contents, and any other information pertaining to you or to your use of the Site or the Services, to such governmental authority in connection with any such investigation.

SurveyPie Materials

Contents and information provided on and through this Site and Services, including but not limited to, documents, graphics and images that are not user Contents (as defined below) (collectively, the "Materials") are provided by SurveyPie and are the copyrighted and/or trademarked work of SurveyPie Tech. SurveyPie Tech hereby grants you a limited, non-exclusive, non-transferable limited license to access and use the SurveyPie Site, solely with supported browsers through the Internet for your personal use, subject to the Terms of Service.

All rights not expressly granted to you in this Agreement are reserved by SurveyPie Tech and its licensors. This limited license terminates automatically, without prior notice to you, if you breach any term of this Agreement. You further acknowledge that SurveyPie Tech owns all right, title, and interest in and to the SurveyPie Site, including all intellectual property rights therein.

User Contents

You acknowledge and agree that:

1. all survey questions, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated, submitted or transmitted by you or your respondents through the Site or the Services (collectively, the user "Contents"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Contents originated,
2. You, not SurveyPie, are responsible for all user Contents that you or your respondents upload, post, email, distribute, communicate, transmit, or otherwise make available using the Services or that is otherwise made available through the use of your account, whether or not authorized by you,
3. by using the Site and the Services, you may be exposed to Contents that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and
4. by communicating or transmitting any Contents using the Site or the Services, you grant to SurveyPie an irrevocable, non-exclusive, royalty-free and worldwide license to use such Contents for the purpose of operating the Site and supplying the Services, and you warrant to SurveyPie that it has the right to grant such license for such purposes.

You further acknowledge and agree that SurveyPie does not control the Contents originating from you, your respondents or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such Contents. SurveyPie may, but is not obligated to, review all Contents and block, modify, terminate access to, or remove any Contents that SurveyPie considers to be non-compliant with this Agreement.

SurveyPie reserves the right to purge Contents from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Contents uploaded to the Site by you or received by you. SurveyPie shall not be liable for any purging, deletion or failure to retain any such Contents.

Payment & Refunds

By operating on SurveyPie website to upgrade account, you agree to pay SurveyPie Tech according fees indicated on the Pricing page, including any applicable taxes. All fees posted are exclusive of all taxes or duties imposed by governing authorities. A valid PayPal account is required to pay us. All your payments are handled by PayPal and SurveyPie Tech is not involved in any credit card or debit card information handling.

SurveyPie Account

Your Basic account with all basic functions available can be used for free forever. SurveyPie will not require a minimum payment to keep your Basic account alive at any time.

If you want to upgrade to Pro account, you need to pay the full amount of fees before using. The amount of fees you need to pay is calculated automatically by system depending on the number of months/years you choose to buy.

Upgrading & downgrading

Your account upgrades from Basic to Pro immediately after you pay online. Monthly plan keeps Pro account active for 31 days. Annual plan keeps Pro account active for 372 days.

When Pro plan expire, your account automatically downgrade to Basic plan. You can upgrade again at anytime. There will be no affects on your surveys and responses during upgrading & downgrading process.

Refund

There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. We reserve the right to terminate your account and/or discontinue Services at any time for any reason.

In order to treat everyone equally, no exceptions will be made. We reserve the right to terminate your account and/or discontinue Services at any time for any reason.

Violation of these Terms of Service

SurveyPie reserves the right to investigate and prosecute violation of any of these Terms of Service to the fullest extent of the law. SurveyPie may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that SurveyPie has no obligation to pre-screen or monitor your access to or use of the SurveyPie Site or any information, Materials or other Contents provided or made available through the Site, but has the right to do so. You hereby agree that SurveyPie may, in its sole discretion, remove or delete any responses, information, Materials or other Contents that violate these Terms of Service or that is otherwise objectionable.

Termination

SurveyPie, in its sole discretion, reserves the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case SurveyPie may refuse to provide you any current or future use of the Site, or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Contents in your Account.

SurveyPie reserves the right to refuse service to anyone for any reason at any time.

Modifications

SurveyPie reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SurveyPie Site and Service (or any part thereof) with or without notice.

SurveyPie Tech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the SurveyPie Site.

Copyright and Ownership of information

We claim no intellectual property rights over the material you provide to the SurveyPie Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE SURVEYPIE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. SurveyPie Tech AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SurveyPie Tech AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. SurveyPie Tech DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SURVEYPIE SITE WILL BE CORRECTED. SurveyPie Tech AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. SurveyPie Tech AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SurveyPie Tech SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SURVEYPIE SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SURVEYS AND CONTENTS ON THE SURVEYPIE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SurveyPie Tech OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR SURVEYPIE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SURVEYPIE TECH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR THE SITE, FROM INABILITY TO USE THE SERVICES OR SURVEYPIE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR SURVEYPIE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR SURVEYPIE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SURVEYPIE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall SurveyPie Tech or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General

You represent and warrant that (i) your use of the Site will be in strict accordance with the SurveyPie Tech Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless SurveyPie Tech Ltd., its affiliates, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.

Any questions related to this Agreement or the Site or Services should be addressed to [email protected]