Acceptance
Analytics Simplified Pty Ltd (ABN 56 616 169 021) t/a Conjointly (we, us or our) operates Brand Tracker by Conjointly (Site), a data product that provides access to brand tracking data.
Brand Tracker by Conjointly is a data product provided by Conjointly, an all-in-one survey research platform. Brand Tracker by Conjointly provides access to published and proprietary brand tracking data—it is a data product, not a market research service.
These terms and conditions, together with all documents referred to herein (collectively, the Terms), set out the terms upon which we grant you access to our data products and services via the Site (Services). These Terms are binding on you from the date on which you create an account or access the Services (Effective Date) until the date on which your account is terminated in accordance with these Terms.
By creating an account, accessing and/or using the Services, you:
- warrant that you have reviewed these Terms (including our Privacy Policy and Acceptable Use Policy), and you understand and agree to be bound by them;
- warrant that you have the legal capacity to enter into a legally binding agreement;
- warrant that you have the authority to act on behalf of any person or entity for whom you are using the Services; and
- agree to use the Services in accordance with these Terms.
If you do not agree to these Terms, you must immediately cease your use of the Services.
Description of Services
Brand Tracker by Conjointly provides access to brand tracking data under three service tiers:
2.1 Free Tier (Published Data)
Access to published quarterly brand tracking data, typically available one quarter after collection. This tier is suitable for analysing historical trends and previewing the data available under paid tiers.
2.2 Priority Access
Priority access to up-to-date quarterly brand tracking data for specific categories and markets. This tier includes the ability to choose specific categories and markets, add private diagnostics into the tracking survey, and include private custom questions in the tracking survey. Specific inclusions and corresponding pricing is provided in quotes.
2.3 Custom Tracking
Fully custom tracking may be in the form of a bespoke tracker built to your specifications (in which case it is a market research service provided by Conjointly and is not governed by these Terms and Conditions) or a bespoke add-on to an existing tracker (which is a data service covered by these Terms and Conditions). This tier includes custom survey design, sampling, data collection, and reporting tailored to your needs. Specific inclusions and corresponding pricing is provided in quotes.
We reserve the right to modify, update, or discontinue any Service tier at any time.
Account Registration
You must create an account to access the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must ensure that all information provided during registration is accurate, complete, and kept up-to-date. We reserve the right to refuse, suspend, or terminate any account at our sole discretion.
Fees and Payment
4.1 Pricing
Fees for the Services are provided in quotes.
4.2 Payment Terms
Where fees are payable, you must pay all amounts due without set-off or delay in accordance with the payment terms specified on the Site or in any invoice we provide.
4.3 No Refunds
All fees paid are non-refundable. By purchasing any paid Service, you acknowledge and agree that no refunds will be provided under any circumstances, including but not limited to:
- early termination or cancellation of your subscription;
- dissatisfaction with the Services or data;
- failure to use or access the Services;
- changes to the Services or data availability; or
- any other reason.
4.4 Subscription Renewals
For subscription-based Services, your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You authorise us to charge the payment method on file for renewal fees.
4.5 Overdue Payments
If any payment is not made when due, we may:
- suspend or terminate your access to the Services immediately;
- charge interest at a rate of 4% per annum on outstanding amounts;
- engage debt collection services or commence legal proceedings; and/or
- report you to credit agencies.
Licence and Use of Data
5.1 Licence Grant
Subject to your payment of applicable fees and compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services and any data provided through the Services (Data) for your own internal business purposes.
5.2 Restrictions
You must not:
- resell, redistribute, sublicense, or provide third parties with access to the Data;
- use the Data to create a competing product or service;
- scrape, data mine, or use automated means to collect Data beyond normal use of the Services;
- remove any proprietary notices or attributions from the Data;
- misrepresent the source of the Data or claim ownership of it;
- use the Services or Data in any manner that violates applicable laws; or
- attempt to reverse-engineer any aspect of the Services.
5.3 Attribution
Where you publish or reference any Data obtained through the Services, you must provide appropriate attribution to Brand Tracker by Conjointly and Conjointly in a manner we specify or approve.
Intellectual Property
6.1 Our Rights
We retain all right, title, and interest in and to the Services, the Site, the Data, and all related intellectual property. Nothing in these Terms transfers any intellectual property rights to you.
6.2 Analytics and Aggregated Data
We may monitor, analyse, and compile statistical and performance information based on your use of the Services. We own all rights in such information, when it’s aggregated and anonymised.
Data Quality and Disclaimers
7.1 No Warranties
The Services and Data are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to:
- warranties of merchantability, fitness for a particular purpose, or non-infringement;
- warranties regarding the accuracy, completeness, reliability, or timeliness of any Data;
- warranties that the Services will be uninterrupted, error-free, or secure; and
- warranties that the Data will be suitable for your particular use case or decision-making needs.
7.2 Data Limitations
You acknowledge and agree that:
- the Data is derived from survey research and is subject to inherent limitations including sampling error, response bias, and timing of collection;
- the Data is provided for informational purposes only and does not constitute advice of any kind;
- you are solely responsible for any decisions made based on the Data; and
- we do not guarantee any particular outcome from using the Services or Data.
Limitation of Liability
8.1 Cap on Liability
To the maximum extent permitted by law, our total aggregate liability arising from or in connection with these Terms, the Services, or the Data will not exceed the greater of:
- (a) the fees actually paid by you in the twelve (12) months preceding the claim; or
- (b) AUD $100.
8.2 Exclusion of Consequential Damages
To the maximum extent permitted by law, we will not be liable to you for any:
- loss of profit, revenue, business, goodwill, opportunity, or anticipated savings;
- loss of data or data corruption;
- indirect, incidental, special, consequential, or punitive damages; or
- any losses arising from your reliance on or use of the Data,
regardless of the cause of action or whether such damages were foreseeable.
8.3 Your Responsibility
You acknowledge that you use the Services and Data at your own risk. You are solely responsible for:
- evaluating the suitability of the Data for your purposes;
- any decisions made based on the Data;
- maintaining backups of any information you submit to or extract from the Services; and
- compliance with all applicable laws in connection with your use of the Services.
Indemnification
You agree to indemnify, defend, and hold harmless Conjointly and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with:
- your use of the Services or Data;
- your breach of these Terms;
- your violation of any third-party rights; or
- any claim that your use of the Data caused damage to a third party.
Privacy and Data Protection
We collect and process personal information in accordance with our Privacy Policy. By using the Services, you consent to such collection and processing.
Termination
11.1 Termination by You
You may terminate your account at any time by contacting us at support@conjointly.com with at least 2 business days’ notice. No refunds will be provided upon termination.
11.2 Termination by Us
We may suspend or terminate your account at any time, with or without cause, at our sole discretion. If we terminate your account for cause (including breach of these Terms), no refunds will be provided.
11.3 Effect of Termination
Upon termination:
- your licence to access and use the Services and Data terminates immediately;
- you must cease all use of any Data obtained through the Services (except as may be retained in accordance with your internal record-keeping policies); and
- any provisions of these Terms that by their nature should survive termination will survive.
Modifications to Terms
We may modify these Terms at any time by posting the revised Terms on the Site. If we know your email address and you have expressed an interest in using the Services or the Data, we will provide you with 30 days’ written notice of material changes. Your continued use of the Services after such changes become effective constitutes your acceptance of the revised Terms.
If you do not agree to any changes, you may terminate your account prior to the changes taking effect.
General Provisions
13.1 Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior agreements and understandings.
13.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
13.3 No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
13.5 Force Majeure
We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.
13.6 Governing Law
These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
Consumer Law
Certain legislation, including the Australian Consumer Law (ACL), may confer rights, warranties, guarantees, and remedies that cannot be excluded, restricted, or modified (Statutory Rights). Nothing in these Terms excludes, restricts, or modifies your Statutory Rights.
Contact Us
For any questions about these Terms, please contact us at:
Analytics Simplified Pty Ltd (ABN 56 616 169 021) t/a Conjointly
Email: support@conjointly.com
Last updated: 30 December 2025