Buchanan Group Sites Terms of Use

EXHIBIT A
Website Terms of Use
https://hometesterclub.com/us/en/home/Terms

Buchanan Group Sites Terms of Use

The use of the Sites is subject to the following terms and conditions, the <Privacy Statement> and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Sites from time to time (together, "Terms of Use").

By using the Sites, you agree to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Sites or you become a member of the BG community (both, "Users"). If you do not agree with any of the terms contained in the Terms of Use, do not use the Sites.

For the purposes of the Terms of Use the word "Sites" includes, without limitation,:

  • this site;
  • all websites, co-branded micro sites, services, or applications owned or provided by Buchanan Advertising (Canada) Inc. ("BG"), and all services offered on or through www.hometesterclub.com, and other services accessible via www.hometesterclub.com or via other websites owned, operated or provided by BG;
  • all mobile phone applications and other media owned, operated or provided by BG;
  • all software offerings and applications owned or provided by BG and/or available on or through www.hometesterclub.com or other websites, mobile phone applications and other media owned, operated or provided by BG; and
  • all webpages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, marketing materials, press releases, white papers, product data sheets, and other information and content on or through or submitted on or through www.hometesterclub.com or other websites, mobile phone applications and other media owned, operated or provided by BG.

For the purposes of the Terms of Use "Related Entity" means any of Buchanan Group Holdings Pte Ltd, Buchanan Licensing Singapore Pte Ltd, Buchanan Advertising (Australia) Pty Ltd., Buchanan Advertising (UK) Ltd, BG Advertising (Malaysia) Sdn Bhd and Buchanan Group LLCand Buchanan Group Holdings Pte Ltd Related Bodies Corporate and Licensees from time to time.

  1. Use of the Sites
    The Sites are owned, operated or provided by BG and are designed to provide a place for Users to access and share homemaker knowledge and experience through forums, articles, videos and product reviews. The information and material on the Sites is provided "as is" for general informational purposes only. Users access the Sites, and rely on the information and material contained in the Sites, at their own risk.
  2. Membership
    To participate in certain parts of the Sites, Users must register on the Sites as a member of the BG community. Users who register as a member of the BG community must provide BG with complete and up-to-date registration information, as requested. It is each User's responsibility to inform BG of any changes to their registration information, by updating the details in their member profile page.

    BG may, in its sole discretion, terminate or suspend Users' membership of the BG community immediately without notice for any reason, including if Users breach any of the Terms of Use. Users may terminate their membership by deactivating their membership on their member profile page. However, Users will continue to be bound by the Terms of Use for as long as they continue to use the Sites.

    Users who register as members of the BG community will be issued a user-name and password. If you register to become a member of the Site, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

    By subscribing for membership on this Site you are subscribing for membership encompassing each of the BG Sites. As a member you will be able to access each of the BG websites and enjoy the privileges of a member. Any comments you post on a BG Site may be used on any of the Sites.
  3. User-posted content
    Some parts of the Sites may allow Users to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) ("Material") that may be accessed and viewed by others via the Sites. Users are responsible for any Material they submit to the Sites and must respect the legal rights and sensibilities of other Users.

    BG reserves the right to (but has no obligation to) review, remove, edit, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to or on the Sites in its sole discretion.

    By submitting, uploading, posting or transmitting Material to or on the Sites, Users:
  • grant BG a fully paid, royalty free, perpetual, transferable, worldwide license to (and to authorize others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material (modified or unmodified) for the purposes of operating the Sites and providing any associated services to Users and any promotional purposes of BG and its clients (for example, BG may reproduce testimonials in promotional materials for its own use or that of its clients (which may or may not include the relevant user name));
  • consent to BG using and publishing (and authorizing others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes;
  • grant other Users a royalty free, fully paid, perpetual, worldwide license to use, copy and reproduce such Material for their own private, non-commercial use;
  • represent and warrant that they are legally entitled to submit, upload, post or transmit the Material to or on the Sites and have obtained all necessary licenses, consents and approvals in relation to the Material (including intellectual property licenses and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material on the Sites and to permit BG and Users to deal with the Material in accordance with the licenses granted above without infringement or violation of any third party rights;
  • represent and warrant that they provide BG with accurate, truthful and complete registration information; and
  • consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

 

  1. No liability for misuse by third parties
    BG does not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, BG is not responsible for the infringement of the copyright in Material by other Users.
  2. Conduct of Users
    Users must not submit, upload, post or transmit Material on the Sites:
  • that contains advertising, spam or is otherwise submitted, upload, posted or transmitted for commercial purposes (except where expressly permitted by BG);
  • about a product or service that they own or are otherwise associated with (including if they are an employee or agent of the supplier);
  • that is offensive, unlawful, harmful, indecent, defamatory, false or misleading, untruthful or inaccurate, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
  • that contains nudity, sexual activity, swear words or excessive violence or is otherwise inappropriate as determined by BG in its sole discretion;
  • that is reasonably likely to offend another User;
  • that violates or infringes (or the use of which violates or infringes) the intellectual property (including without limitation any patent, trademark, trade secret or copyright) or other rights of any person or entity;
  • that contains personal information of any person (such as name, address, email address, phone number), or any third parties' likenesses except with the relevant person's permission;
  • that contains software viruses or other computer codes, files, worms or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system data, password or other information of BC or any third party;
  • that imposes or may impose (as determined by BG in its sole discretion) an unreasonable or disproportionately large load on BG's (or its third party providers') infrastructure; or
    that contains financial, legal, medical or other professional advice.

Users must not use the Sites to:

  • conduct any illegal activity;
  • cause annoyance or inconvenience to any person including other Users; or
  • harvest information about Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.
  1. Material posted by other Users
    BG is not responsible for, and accepts no liability with respect to, any Material submitted, uploaded, posted or transmitted on the Sites.

    The views and opinions expressed in Material posted by Users on the Sites are the views and opinions of the authors and do not necessarily represent the views or opinions of BG or its clients. BG does not endorse or support any views or opinions posted by Users on the Sites or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.

 

  1. Membership of Home Tester Club
    If you sign up to become a home tester in the Home Tester Club, from time to time, BG may send to you samples of products (Samples) for you to test.
    You agree and acknowledge to the fullest extent permitted by law that:
    • BG is under no obligation to send you any Samples at any time;
    • BG has no liability to you in respect of the Samples; and
    • you will not make a claim against BG for any Samples not received or received in a damaged condition.

BG advises you not to accept the delivery of, or use, any Samples that appear damaged or tampered with in any way. In such circumstances, please contact the local Home Tester Club team. In the event that Samples are returned to us undelivered for any reason, including human error, or are otherwise not delivered to you BG will be under no obligation to redeliver the Samples.

  1. Reporting violations
    By using the Sites, Users may be exposed to Material submitted, uploaded, posted or transmitted by other Users that may be offensive, indecent or objectionable. Users agree that BG is not liable for the opinions or behavior of other Users, including any Material they submit, upload, posted or transmit on the Sites and any defamatory statements or offensive conduct.

    Users who believe that the behavior or Material of another User is objectionable or contrary to the Terms of Use can report the behavior or Material to BG by using the "Report" button at the relevant place on the Sites or contacting BG (click <here > for contact details).
  2. Disclaimer of warranties and representations

BG makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. BG expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Bg does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. Bg does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is" and "as available" basis.

  1. Limitation of BG's Liability
    Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, BG limits its liability, where it is entitled to do so, to the resupply of the relevant service, or paying the User the cost of that resupply. Otherwise, to the maximum extent permitted by law, BG and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on the Sites or otherwise as a result of or in connection with the use of the Sites or any information or material provided on the Sites.

  2. Links to third party websites
    The Sites may contain links to other websites that are not operated or controlled by BG. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by BG.

    BG is not responsible for the content of third party websites, which are not covered by the Terms of Use. Users access those websites at their own risk. Third party websites should have their own Terms of Use, which BG encourages Users to read.

  3. Availability and Use
    Users must ensure that their access to, and use of, the Sites, is not illegal or prohibited by laws which apply to them or in their location. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

    BG reserves the right to change or remove any feature of the Sites at any time.

  4. Indemnity
    You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless BG, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, directors, officer employees, agents any prize suppliers and any other organizations or persons responsible for sponsoring, fulfilling, administering, advertising or promoting any service, including without limitation any sweepstakes or contests, and any third-party information providers to the service (collectively, "indemnified parties") from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the site, the service, or the content, or any violation by you of this agreement, even if resulting, in whole or in part, from the negligence, gross negligence, willful misconduct, strict liability or other legal fault of any of the indemnified parties.

  5. Age of Users
    Users must be 18 years or over or otherwise use the Sites with parental or guardian consent and supervision.

  6. Use of Bulletin Board, Blogs, and Other Communication Forums

This Site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

  • Defame abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by BG, and such communications shall not be considered reviewed, screened, or approved by BG. BG reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. BG reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.

  1. Copyright
    You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of BG. BG neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with BG.

    Users may download information from the Sites and print out that information, but only for their own private, non-commercial use. Otherwise no part of the Sites (including any Material posted on this website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without the prior written consent of BG. Requests for consent should be directed to BG. Click <here> for contact details.

  2. Downloading Files
    BG cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
  3. Intellectual Property
    We (or our associated or affiliated companies or third parties who have licensed its brands to BG or contributed to the Sites) ("Content Owner") own, license or have permission to use from third parties all content of the Sites. All content of the Sites remains the sole property of the applicable Content Owner and is protected under all relevant copyright, trademark and other applicable laws.

    Nothing on the Sites should be construed as granting any license or rights to use or distribute any content of the Sites outside of the Sites, without our express written agreement or of the other applicable Content Owner.

  4. Linking to this Site
    Unless specifically authorized by BG, you may not connect "deep links" to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page without BG's authorization.

  5. Jurisdiction
    The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of Victoria, Australia. The User agrees to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this website.

  6. Promotions
    From time to time, BG may offer you the ability to enter promotions (sweepstakes, scavenger hunts and contests). Such promotions are governed by these Terms of Use as well as an additional set of rules, which additional rules are also found on the Site. In the event of an express conflict between these Terms of Use and such additional rules, the additional rules will control; provided that a conflict will not be found to exist if a matter is addressed in these Terms of Use but not in such additional rules. 

  7. Changes to these terms and conditions
    BG may amend these terms and conditions from time to time by posting the amended version on this website. It is your responsibility to check these terms and conditions periodically for changes. Subsequent or continuing use of the Sites will constitute acceptance of any changes.

    If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

  8. DMCA Copyright Notice / Claims of Copyright Infringement
    BG is committed to complying with U.S. copyright laws, such as DMCA and other applicable laws, and requires all of its users to comply with these laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by BG that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

    Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.

    If you believe your copyright material is being used on this Site without permission, please notify the designated agent at privacy@hometesterclub.com.

Your notice of alleged copyright infringement should include:

  1. Please describe how your copyrighted work or other intellectual property has been infringed;
  2. Please describe where the infringing material is located on the Site;
  3. Your contact information where we can contact you and, if different, an e-mail address where the alleged infringing party can contact you;
  4. Please state that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  5. A statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  6. Your electronic or physical signature.

If you are sending this notice via email, please make sure to notify us clearly, such as labeling your email message with the subject "DMCA Notice of Infringement." We are committed not to infringe anyone else's copyright materials. But if you have not heard back from us for over five business days, your may have failed to deliver the notice to us. Please contact us again.

Counter Notification
You may file a counter-notification that contains the following details if your material has been taken down with the following details.

  1. The proof of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your contact information; and
  4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which BG may be found and that you will accept service of process from the person who submitted a notice.

Please be advised that under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to BG the alleged infringer and/or the affected copyright owner for any damages incurred in connection with the removal, blocking and/or replacement of allegedly infringing material.

Updated September 2013.

Member Code of Conduct

Brand Power Home Tester Club Member Code of Conduct

As a member of the Brand Power Home Tester Club community, you get to enjoy trying products for free and sharing your opinions with the club and your friends. By being a member you agree to always share your uncensored opinion - that is to always be honest, never mislead and always try to provide valuable and authentic opinions.

In order to help other members and people who use the reviews and opinions of members, we need to make sure that all our members appropriately Disclose that you have received a free product from the Brand Power Home Tester Club.

How do I disclose?

We all know that the best things in life are free, but please make sure others know that to give us your uncensored opinion the Brand Power Home Tester Club gave you the free product. So please make this clear to others when you are sharing your experience of the Product.

How can you do this? It's easy. If you are commenting on your experience outside of the Brand Power Home Tester Club we recommend using hastags (#).

"I love being a member of the Brand Power Home Tester Club, #freesamples"
" Just received [product name] for free from the Brand Power Home Tester Club, thanks!"
" Have switched to using [product name] after trying it, love it #samp"

If you are reviewing on www.hometesterclub.com then you don't need to add these tags - we do this automatically for you via the "Home Tested" tag that is applied to your review.

Remember, we want your uncensored ratings and reviews. We want you to tell us exactly what you thought about the product, in your own words and style. Your friends & Brand Power Home Tester Club members are interested in what your experience is - both positive and negative, so use the product a few times and provide your considered feedback.

By stating that you received the product for free helps the quality and credibility of all the reviews made by Brand Power Home Tester Club members.

Why do we ask you do this? It helps everyone know how you go to make your review, and we want to make sure all our members follow the guidelines set by the Federal Trade Commission.

We hope you enjoy everything about the Brand Power Home Tester Club. If you have any questions, send us an email at members@hometesterclub.com and we will get back to you soon.

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