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Beaton survey: Terms and conditions

  1. These terms and conditions (‘Terms’) apply to the Client Choice Awards (‘Awards’), the Beaton Benchmarks suite of feedback reports, and the underlying survey and research process that informs both (‘Beaton survey’).
  2. The owner of the Awards, Beaton Benchmarks and the Beaton survey is Beaton Research + Consulting Pty Ltd (ABN 48 135 310 459) of Suite 9.12, 9 Yarra Street, South Yarra, Victoria, 3141, Australia (‘Beaton’).
  3. The terms ‘us’ or ‘our’ or ‘we’ refers to Beaton.
  4. Beaton is the exclusive owner of the research data, intellectual property rights in the research data and research process of the Beaton survey.
  5. Any information on the Awards pages relating to entry, on the Beaton Benchmarks pages relating to registration and on either page relating to how the Beaton survey is conducted forms part of these Terms.
  6. Any information contained in the Beaton Privacy and Confidentiality Policy forms part of these Terms.
  7. Beaton reserves the right to, at our sole discretion and at any time, change, modify, add or remove portions of these Terms. Please check this website for the most up-to-date version of these Terms.
  8. The headings in these Terms are included for convenience only and do not affect the interpretation or construction of the Terms.

Beaton survey and Beaton Benchmarks

  1. Beaton will acknowledge all entries and registrations on receipt of the firm’s completed form. If you do not receive an acknowledgement, you should contact Beaton as your submission may not have been received.
  2. Only complete databases will be valid for inclusion in the Beaton survey, unless otherwise agreed in writing by Beaton. A complete database refers to a complete list of the individuals representing the firm’s clients, associates and referrers (‘Clients’). Clients are those to whom the firm has provided services in the last 36 months. This list must include each Client’s first name, surname, organisation name and email address. Actions that may render a database invalid include, but are not limited to, the firm submitting a database which contains only a portion of its Clients.
  3. Beaton may reject an entry or registration, including one that has previously been accepted, where the firm has not complied with these Terms, or where Beaton believes it is necessary in order to protect the integrity of the Beaton survey, Beaton Benchmarks and/or the Awards. This would include, without limitation, where Beaton believes for any reason including our own testing, the firm has attempted to manipulate ratings, provided an invalid database of its Clients and/or inappropriately contacted Clients about the Awards, Beaton Benchmarks and/or the Beaton survey.
  4. By participating, firms acknowledge that Beaton may de-duplicate and clean all firms’ databases before the Beaton survey commences. As part of cleaning firms’ databases, Beaton may exclude, at our sole discretion, any Client for any reason and not contact them for the Beaton survey. This may be for reasons that include that Client previously requesting not to be contacted for the Beaton survey.
  5. Beaton will hold the contents of firms’ databases confidential and will use the databases and the associated analyses only for the purposes of the research process, including the delivery of incentives for survey completion, and related research services that are by-products of the survey process, including but not limited to the Awards and Beaton Benchmarks, unless express instructions to do otherwise are received by Beaton.
  6. Where Beaton receives a delivery failure message when sending the online survey to an email address, Beaton may exclude that individual from the research process without trying to ascertain the individual’s correct email address.
  7. All survey responses and information submitted to the Beaton survey by Clients are and remain the property of Beaton. To the extent that any intellectual property rights may arise in the research data, those rights vest in Beaton upon creation.
  8. Beaton may collect, use, reproduce, adapt, analyse, publish, disclose and otherwise use the research data for any purpose it determines, including for research, promotion, benchmarking, reporting and commercial purposes, subject to applicable privacy and data protection laws.
  9. Clients provided by a firm may be asked to rate the performance of firms in addition to or instead of the firm that provided their details. This may be for reasons that include the research method and the fact that individuals may be nominated by several firms as a Client.
  10. To protect the integrity of the research, Beaton conducts data quality checks on all survey responses and reserves the right, at our sole discretion, to exclude or disqualify any response we believe to be invalid or non-genuine.
  11. As the research process depends on third parties’ willingness to respond to an online survey, Beaton cannot guarantee and makes no representation that sufficient rating data will be collected to provide the performance ratings of specific firms in any Beaton Benchmarks reporting.
  12. Beaton disclaims all liability in relation to any representations made in relation to the Awards and Beaton Benchmarks, except those liabilities that cannot by law be disclaimed. In particular, Beaton disclaims any liability for the validity of the research and the choosing of winners and finalists, subject to any rights that cannot be waived.
  13. Participating firms waive their rights to injunctive relief in relation to the Awards, Beaton Benchmarks, the Beaton survey or use of the research data, including an injunction to prevent publication of winners/finalists or Beaton Benchmarks reporting.

Awards

  1. A firm can only have one entry in the Awards but may be considered for multiple categories of awards.
  2. Beaton may waive the entry criteria for any firm or may enter a firm that has not applied for the Awards.
  3. Beaton reserves the right to not select finalists or winners in an Award category and/or disqualify an entering firm for any reason.
  4. Beaton reserves the right to modify, add or remove Award categories and their eligibility criteria at any time. This may include, but is not limited to, adjustments to revenue bands or other classification criteria to reflect growth and changes in the market.
  5. As the research process depends on third parties’ willingness to respond to an online survey, Beaton cannot guarantee that sufficient rating data will be collected to identify finalists or winners of particular Awards, or include entrants in the Awards.
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