Terms and Conditions
Introduction
These terms and conditions (this “Agreement”) governs the relationship between Skinny, a division of Spark New Zealand Trading Limited (“Skinny”, “we”, “our” or “us”) and you (“Member”, “you” or “your”), concerning any surveys and polls that are made available to you by us or on our behalf (each a “Survey”), via our Website.
Survey refers to the gathering of feedback from Members relating to Skinny and how Skinny can improve its products and services, or the Mobile market in general, which may consist of answering questionnaires, survey forms, in-person discussions or other forms of providing feedback to Skinny.
Such Surveys shall be conducted by Skinny’s service provider One Picture, on behalf of Skinny, through an online interface located at www.skinnyinsiders.co.nz.
1. Definitions
Confidential Information means all information, whether or not it is marked as confidential, that is disclosed or made available to a Member, directly or indirectly, through any means of communication or observation and includes (a) information about Skinny and its products 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; and (b) Responses provided in connection with the Project;
Join Now Survey means the application email and record of personal details submitted by a person applying to be a Member;
Member means a person who has been accepted for membership of the Project;
Membership means a Member's membership of the Project;
Membership Terms means this document and any other documents which may be incorporated by reference;
New Zealand Consumer Law means all laws and regulations made under the Fair Trading Act 1986 and Consumer Guarantees Act 1993
One Picture means One Picture Group Ltd (Company Registration Number: 1157373), a market research company engaged by Skinny to conduct the Surveys
Project means the project name established by One Picture to survey the opinions of customers and/or Members for market research purposes;
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;
Skinny, a division of Spark New Zealand Trading Limited (96461);
Skinny Related Parties means the Spark group of companies, promotional partners, servants, employees, contractors and agents of Skinny.
Website means the Project website located at www.skinnyinsiders.co.nz
2. Responding to Surveys
- Skinny, will make Surveys available to Members via the Website. Members will be invited to complete the Survey and may, at the discretion of Skinny, receive an incentive in exchange for completing the Survey fully and in accordance with the requirements of the Survey and this Agreement (an “Incentive”). Incentives may include entry to a prize draw, an account credit or some other incentive which Skinny deems appropriate.
We process information about you in accordance with our Privacy Policy
- When we are interpreting your survey answers, we may combine them with information from your Skinny account to ultimately help us make informed improvements to Skinny’s products and services. This account information consists of:
- products and services you hold with us, including data usage information and how long you’ve been a Skinny customer
- personal information, limited to: date of birth, Skinny account number, and your region of New Zealand.
You agree to ensure that all data or information you provide to us shall be accurate and complete.
Skinny reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, a Survey or the Website or any part of it, or your access to any of them, including where an Incentive has been offered.
If you breach any provision of this Agreement, Skinny may declare any accumulated or offered Incentives due to you as null and void and prevent you from receiving them.
You acknowledge and agree that Skinny is not obliged to continue providing the Website or Surveys. Skinny will use reasonable endeavours to process your completed Surveys but may be prevented from doing so by matters beyond its control that may result in the loss or deletion of, or failure to receive, process, or store any Member Responses (including Survey or poll results or responses).
3. Membership
To become and to remain a Member, you must:
be aged 14 years or over and, if you are under 18 years of age, you must have parent or legal guardian consent;
live and be a resident in New Zealand;
apply to become a Member by completing and submitting to Skinny the Join Now Survey;
have an active, permanent and operational email address to communicate with One Picture for the purposes of the Project;
be accepted as a Member by Skinny
provide at least one response each calendar month (as relevant);
regularly participate in any surveys or discussions in which you are invited to take part, not including the Join Now Survey; and
comply with these Membership Terms.
As membership numbers are limited we may not be able to accept all Membership applications. We reserve the right to reject an application or Membership at any time and without giving reasons.
Membership is personal to you and cannot be transferred to another person. You may not share logins and passwords with others as we want to hear about your views only. If we become aware of any sharing of login information we may terminate your Membership.
You may cancel your Membership by sending an email to hello@skinnyinsiders.co.nz and inserting the words "Request Removal" in the subject line.
By becoming a Member, you consent to receiving emails from Skinny, Skinny’s Related Parties and Skinny’s survey provider, One Picture in connection with the Project, including emails inviting you to participate in research.
Skinny or its survey provider, One Picture, may provide you with Confidential Information. You agree not to disclose or use any of the 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.
Skinny may, at its discretion, provide you with Skinny’s products as part of your participation in the Project. You agree that your participation in the Project is voluntary.
You must provide current, complete, accurate information in the registration section of the Site and keep this information updated as needed.
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, Skinny or its products.
4. Termination
Skinny 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).
You may terminate your Membership at any time by: unsubscribing using the ‘unsubscribe’ function found on any email sent by Skinny Insiders; or email hello@skinnyinsiders.co.nz
Once you terminate your membership, Skinny Insiders will:
- immediately stop sending you emails inviting you to participate in any Project; and
- terminate your access to the Skinny Insiders website three months after the date of your termination. During this three month period you will be able to redeem your eligible Skinny Insiders reward points on the Rewards page of Skinny Insiders After this, you will no longer be able to access the Skinny Insiders website or redeem your outstanding reward points.
5. Project Promotions
You may choose to enter any Project-related promotional game of skill or chance offered to you as a Member. If you enter into such promotions you will be subject to promotional terms and conditions. Promotional terms and conditions that apply to you will form part of these Membership Terms. If you breach any promotional terms or conditions, you will be deemed to have breached these Membership Terms.
6. Liability
We are not obliged to provide you with Surveys to participate in or contribute to, and we have the absolute right to exclude you from participation in any Survey.
Except for the statutory guarantees set out in the New Zealand Consumer Law, Skinny excludes all warranties and disclaim all representations in relation to any goods or services provided to you by Skinny 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".
7. Confidential Information
Any Confidential Information provided to you, whether directly or to which access is gained, during or as a result of the Surveys shall be kept confidential by you. You shall not engage in the dissemination or publication of any such Confidential Information. You shall not use the Confidential Information to your advantage or to the advantage of third parties.
8. Personal Information
Skinny’s service provider, One Picture, may need to gather and process the following personal information from you before you to take part in any research: first name, surname, email address. This collection of your personal information will only be processed for the purposes of carrying out the market research, sending Skinny messages about the research and if you are entitled to an Incentive, to deliver the Incentive to you. The personal information you provide to Skinny, including any Responses, will be processed in accordance with the Skinny Privacy Policy.
You can gain access to, update or correct any personal information relating to your membership of Skinny Insiders by using the Skinny Insiders portal or by contacting us at hello@skinnyinsiders.co.nz.
Skinny will not publicly disclose the identity of Members other than to its service provider, One Picture.
Skinny may use your Responses for purposes connected with conducting the Project and for any reasonable research and commercial purposes.
9. Intellectual Property
By participating in the Project, you acknowledge that all Responses are freely given and provided at your sole discretion. You assign to Skinny absolutely all rights, title and interest in your Reponses upon creation and you consent to Skinny, the Skinny Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, or to otherwise dispose of the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.
You will provide Skinny and the Skinny’s Related Parties with any consent or other permission that Skinny requires to use your Response as set out in these Membership Terms. For the avoidance of doubt, Skinny is not required to pay any fee to use any Responses, no matter how that Response is used.
10. Trademarks
You agree that any "Project" and "Skinny" logos are trademarks of Skinny or the Skinny’s Related Parties. All rights in those trademarks are reserved by Skinny and the Skinny Related Parties. Any other trademark appearing on the Website is the property of its respective owner.
General
Skinny’s Terms (https://www.skinny.co.nz/skinny-terms) also apply to your Membership. In the event of any conflict between these Membership Terms and the Skinny Terms, these Membership Terms will prevail to the extent of that conflict.Skinny may use an agent or contractor (including, but not limited to, One Picture) to carry out all or part of the Project in its absolute discretion.These Membership Terms are governed by the laws of New Zealand.You are not, by virtue of your participation in the Project, an employee or contractor of Skinny or the Skinny’s Related Parties. The relationship between you and Skinny is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.
Last updated: 6th of October 2022