Definitions
Applicant: a person who has submitted an application to participate in an Anagenix User Testing Trial.
Entrant: a person who applies to participate in an Anagenix User Testing Trial.
Participant: a person who has been selected by Anagenix to participate in an Anagenix User Testing Trial.
User Testing Trial: refers to the trial of a nutritional ingredient product supplied by Anagenix
Product: refers to any nutritional ingredient product provided by Anagenix for the User Testing Trial.
Trial Period: the trial period will be provided as part of the Product trial information, but is typically 2 weeks.
Entry
- Entrants must be aged between 18 and 65 years old to enter and participate in a User Testing Trial.
- Each Entrant must complete an entry application form to be eligible for consideration to participate in a User Testing Trial.
- Only one entry per person is permitted. Attempts to create multiple accounts or to submit more than one entry will result in the Entrant being deemed ineligible for a User Testing Trial.
- Entries found to include false details will be disregarded Anagenix reserves the right to verify the validity of entries and to reject any entry on reasonable grounds.
- As part of Anagenix’ screening process, Entrants must also complete a series of eligibility survey questions.
- All entries are deemed to be received at the time of receipt into Anagenix’s database and not at the time of transmission by the Entrant.
- All entries become the property of Anagenix. Anagenix’s decision is final and no correspondence will be entered into. No responsibility is accepted for entries not received by Anagenix.
- Entrants selected to participate in the User Testing Trial will be notified via email. Those selected must confirm their acceptance and willingness to join within 5 days of notification. Any Entrant who does not confirm their acceptance within 5 days will forfeit their opportunity to be a Participant.
- Any costs associated with entering the User Testing Trial and submitting an application is the responsibility of the Entrant.
- Entrants agree that by entering the User Testing Trial, their personal details may be stored and otherwise processed by Anagenix for the purposes of administering the User Testing Trial and for marketing and other purposes. Any personal information will be used in accordance with Anagenix’s Privacy Policy. The Privacy Policy can be accessed on Anagenix’s website.
- As a condition of entry, each Entrant agrees to indemnify Anagenix and its affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting directly or indirectly from such entry.
Participants
- The requirements of the User Testing Trial will be communicated with the successful Entrant who has been selected to be a Participant and each Participant will be required to:
- Commit to using the Product for the required period of time; and
- Complete feedback questionnaires on a regular basis and within a specified time period; and
- Provide a written and/or short video review of the Product at the end of the Trial period, by a date set out by Anagenix.
- Products will be delivered direct to the Participant’s home address free of charge, and no product or cash alternative will be offered.
- Once the Participant has complied with their obligations in clause 1. a) to c), they will have the opportunity to keep any remaining trial Product at no cost.
- Anagenix accepts no responsibility or liability for loss, damage or personal injury resulting from the use of the Product. If during the test period a Product is found to be insufficient or faulty, Anagenix will request the Participant return the unused Product to a specified address so replacement Product can be sent.
- If a Participant does not comply with these Terms, they may be disqualified from all Product testing opportunities without further notice
- Participants agree to participate in any promotional activity surrounding the Product including publicity on Anagenix’s website, in emails and through any other social medium for promotion. Anagenix will always protect the Participant’s identify and will not publish information which may identify an individual unless the Participant gives Anagenix prior written permission.
- Participants agree and understand that their participation in the User Testing Trial will be on an unpaid basis and that no payment or compensation will be made from Anagenix to the Participant. Participants consent to Anagenix and its associated suppliers, agencies and affiliates using their review of the Product in any media form in perpetuity, without limitation and without compensation to the Participant.
- To the fullest extent permitted by law and without limiting any other conditions of entry, Anagenix may, in its discretion, suspend, modify or terminate the User Testing Trial at any time.
- To the fullest extent permitted by law, Anagenix, its affiliates and third party suppliers and agencies hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any Participant in connection with any entry into the User Testing Trial or the use of a Product.
- Anagenix undertakes to use reasonable efforts to maintain adequate email, internet and other communication links but is not otherwise responsible for and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; or product deliveries attempted but not received.
TERMS OF PARTICIPATION
In participating in the User Testing Trial, you agree that you:
- Are aged between 18 and 65 years old;
- Will use the Product as per the User Testing Trial Instructions;
- Will commit to using the Product during the Trial Period;
- Will cease using the Product if you experience any adverse reaction, and that you will provide information about the adversity to Anagenix;
- Are responsible for using the Product solely for the purpose for which the Product was designed;
- Will complete a short survey daily (or as specified in the User Testing Trial Instructions) within the designated time frame;
- Will not share or loan the Product with another person who is not participating in the User Testing Trial;
- Permit Anagenix to publish any feedback / review that you provide during the Trial Period on an anonymous basis;
- Will provide true, accurate, current, complete and non-misleading information;
- Will not disclose any unauthorised, false or fraudulent details;
- Will not post, transmit or otherwise disseminate any information or images on any social media site which is or may be inappropriate, harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive;
- Will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy;
- Are not employed by a competitor in the Health and Wellness or Pharmaceutical industries and do not otherwise have a conflict of interest with Anagenix;
- Will not use the information about User Testing Trial or the Product itself for any purpose other than performing this Product testing for Anagenix;
- Acknowledge that Anagenix provides the Product to you on an “as is” basis and shall have no liability or obligation of any kind to you;
- Acknowledge that Anagenix hereby reserves the right to terminate your participation in the User Testing Trial at its discretion if it determines that your use of the Product has been improper;
- Acknowledge that Anagenix is not obligated to and will not provide any compensation in connection with your trial use of the Product in this User Testing Trial; and
- Agree to the terms and conditions as outlined in this Agreement.
SUBMISSION OF MATERIAL
Other than personal information which is subject to our Privacy Policy, all reviews, comments, blogs, feedback, suggestions, ideas, original materials, artwork, computer code or product or marketing submissions, submitted or offered to us or otherwise disclosed, submitted or offered by you to us (collectively, "Submissions") shall be and remain the property of Anagenix. Upon disclosure, any submission shall constitute an assignment to Anagenix of any intellectual property rights in the Submission.
PERSONAL INFORMATION
All personal information is collected, used and disclosed in accordance with Anagenix’s Privacy Policy.
In accordance with the Privacy Act 2020, and Anagenix’s Privacy Policy, Anagenix will always endeavour to protect the Participants personal information held by Anagenix from unauthorised access, disclosure or loss. .
Anagenix will protect the Participant’s identity unless the Participant gives Anagenix written permission to reveal the Participant’s identity.
CONFIDENTIALITY
Anagenix supplies the Product to Participant on a confidential basis in order to test the functionality and overall experience of the Product under everyday conditions.
Confidential information:
- Means any information disclosed to Anagenix by Participant which Participant designates as confidential or which Anagenix knows or ought to know is confidential;
- Includes the information in test results, test reports, opinions and related reports;
- Does not include information to the extent that the information is:
- independently developed or known by Anagenix (including because it is in the public domain); or
- independently known to a third party who contacts Anagenix about the information; or
- required to be disclosed by law.
Anagenix will not disclose Participant’s confidential information without the Participant’s prior written consent, except to Anagenix’s Directors, employees, contractors and agents for the sole purpose of this User Testing Trial.
DISCLAIMER OF LIABILITY AND TERMS OF USE
Participants agree to our Terms of Service on the Anagenix website.
PERMISSION TO PUBLISH
By participating in the User Testing Trial, you:
- Hereby grant Anagenix your permission to use your anonymised feedback for the purposes of subsequent product development and product promotion. By providing feedback, you represent to Anagenix that such feedback reflects your good-faith opinion of the Product;
- Agree to refrain from disclosing to any other person information disclosed to you by Anagenix for the purposes of testing the Product, without prior written permission from Anagenix.
- Agree not to publish your views, comments or feedback on the Product during the Trial period on social media, online or in hard copy without the express written permission from Anagenix;
- Acknowledge that the personal reviews and survey answers that you provide may identify you as an individual and thereby give express permission for the information you provide to be published on Anagenix’s website, in emails and through any other media for promotion;
- Acknowledge that you will not be remunerated or compensated by Anagenix for providing this information.
By agreeing to join the User Testing Trial, I confirm that I have read and agree to the Terms and Conditions of the User Testing Trial and that I consent to:
- receive emails and SMS notifications related to the User Testing Trial I have joined;
- my personal details being stored for future studies; and
- the use of data collected for marketing purposes or for designing future studies.
I understand that I am free to withdraw participation from the User Testing Trial at any time with written notice to Anagenix.