Last Updated 29th August 2017

ACCEPTANCE OF TERMS: These Terms and Conditions (hereinafter the “Terms”) apply in addition to any specific terms, which may apply for a Survey or other service. Please note that Your participation in a Survey or use of any service will constitute Your acceptance of these Terms, including Our Privacy Policy incorporated by reference. If You do not agree, or do not have the proper legal authority to accept these Terms or any part hereof, please do not use any Service.

Definitions

When used in these Terms, the following terms and expressions shall have the following meanings.

“Active Panellist” refers to a Panel Member that has: (a) participated in a Survey or any other service, at least, once over the last twelve (12) months; or (b) updated its profile or member information at least once over the last twelve (12) months.

“Ad Tracking Service” refers to the service ordered or accepted by a User that may track online behaviour of such User, such as websites accessed by the User and online campaigns exposed to the User.

“Applicable Law” refers to applicable local, national, European and/or international laws, regulations and orders.

“Client” refers to Our clients.

“Content” refers to the information on Our site, a Survey Site or a Partner Site.

“Incentive” refers to the monetary or non-monetary reward earned by a Panellist in return for participating in research.

“Non-Panel Member” refers to a respondent or a participant that is not a Panel Member, but is referred to Us by a Partner.

“Panel” refers to a group of individuals who have agreed to be invited to and participate in research studies or market surveys.

“Panel Member” and “Panellist” refer to a member of a Panel.

“Panel Owner” refers to the owner of a Panel and a Panel Site.

“Panel Site” refers to a website where individuals can register to become Panel Members.

“Partner” refers to one of Our partners.

“Partner Site” refers to a website that is operated by a Partner.

“Personal Data” refers to information relating to an identified or identifiable natural person (i.e., a private individual as opposed to a corporate or other comparable entity). An identifiable person is someone who can be identified directly or indirectly, in particular by reference to an identification number or the person’s physical, physiological, mental, economic, cultural or social characteristics. NOTE: Personal Data may also be referred to as Personally Identifiable Information or PII.

“Restricted Content” refers to confidential and/or proprietary information, materials, products, and Content belonging to Us and/or a Survey Owner, a Client, a Partner and/or a licensor.

“Service” refers to (a) the service provided by Us that permits You, as a Panel Member or a Non-Panel Member, to participate in a Panel or a Survey and (b) any other service provided by Us and used by You, such as Ad Tracking Service.

“Submissions” refers to all comments, feedback, suggestions, ideas and other information which You submit or We collect when You participate in Our Panel, respond to a Survey or use a service.

“Survey Owner” refers to the owner of a Survey, which may be Us, or a third party.

“Survey Site” refers to the website where You respond to and complete a Survey.

“Surveys” refers to market research surveys made available by Us to You.

“Third Party Websites” refers to websites maintained and/or operated by third parties.

“User” refers to You as an individual when You use the Service.

“User Content” refers to all content, materials, information, and comments You use, upload, post or submit or We collect when You use the Service, including information received through Ad Tracking Service, such as Internet usage pattern data.

“You“, “Yourself“, “Your” and “Yours” refer to you as an individual.

“We“, “Us“, “Our” and “Xurveys” refer to Number Cruncher Analytics Ltd trading as Xurveys, a company registered in England and Wales, reg. no. 10885040.

  1. Introduction

The purpose of these Terms is to set out the general terms and conditions for Your use of the Services, including Your participation in Surveys.

We act as Panel Owner, providing opportunities for Panel Members, and in certain cases for non-Panel Members, to participate in Surveys and use other services.

The Survey Owner may be Us, or a Client, or a Partner or third party.

Panellists may earn Incentives. Details regarding Our Incentive scheme can be found in these Terms.

  1. Panel Membership Eligibility

Panel membership is generally open to individuals who satisfy the requirements for membership, including, but not limited to, minimum age requirements and geographic location requirements. The requirements for Panel membership may vary for each Panel and are determined by Us. By agreeing to become a Panel Member, You agree to receive invitations to participate in Surveys or other services. You may unsubscribe from Panel membership at any time, please find Our “Opt-Out Policy” below.

We only allow one member per unique email address within each Panel.

  1. Panel Registration

In order to become a Panel Member, You must register with Our Site and provide certain information about Yourself. The information You provide should be true, correct and complete. We reserve the right to restrict or prohibit Your access to the Service or participation in a Survey if You provide information that, or We have reasons to suspect that the information You have provided, is not true, correct and complete.

A Panel membership is personal and may only be used by the individual who registers for membership with a Panel. You are responsible for keeping Your user name and password confidential and You are responsible for any use, whether authorised or unauthorised, of Your membership account.

  1. Conditions for Survey Participation

When You participate in a Survey and use a Survey Site, You are obligated to comply with these Terms, as well as any other terms and conditions that apply to Your participation, including any terms applied by a Client or a Partner.

By participating in a Survey, You agree to provide true, correct and complete information about Yourself. If You provide, or We have reason to suspect that You have provided, information that is not true, correct and complete, You may not qualify for a Survey and consequently will not receive any Incentives for Your participation. We reserve the right to restrict or prohibit Your access to the Service or participation in a Survey if You provide, or We have reason to suspect that You have provided, information that is not true, correct and complete. Furthermore, We may terminate Your membership with the result that You will not be able to participate in any more Surveys.

You are responsible for actions and communications undertaken or transmitted to or from Your account.

  1. Use of the Services

We provide Services to both Panel Members and Non-Panel Members. Participation in a Survey and use of other Services is voluntary. The Services are provided to you for personal, and non-commercial, use and We reserve the right to change, modify, restrict or block access to, all or any part of the Services, without prior notice.

We may at any time refuse to provide the Services to anyone at Our own discretion.

You acknowledge that You are accessing, using, and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint-venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

  1. Acceptable Use

You agree not to:

  • (a) disrupt, interfere with the security of or otherwise abuse the Service or a Survey Site, or any services, system resources, accounts, servers or networks connected to or accessible through a Survey or a Survey Site or affiliated or linked sites;
  • (b) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Service, or in other ways manipulate the result of a Survey;
  • (c) take any action to interfere with Our Site, a Survey Site or Partner Site or an individual’s use of such sites, including, but not limited to, overloading, or “crashing” a website;
  • (d) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, but not limited to, spyware, malware and trojans;
  • (e) collect any Personal Data of other Users of the Services;
  • (f) send unsolicited emails, such as promotions and advertisements for products or services;
  • (g) open, use, or maintain more than one (1) membership account with a Panel;
  • (h) use or attempt to use another User’s account, without authorisation, or create an account with a false identity;
  • (i) attempt to obtain unauthorized access to a Survey or a Survey Site or parts of a Survey or Survey Site that are restricted from general access;
  • (j) forge or mask Your true identity;
  • (k) frame a portion(s) of Our Site or any Survey Site or Partner Site and display it on another website or media or alter the appearance of Our Site or any Survey Site or Partner Site;
  • (l) establish links from a website to the Services or to any part of Our Site, a Survey Site or a Partner Site, that is framed or otherwise not intended to be displayed in isolation, without Our prior written consent;
  • (m) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content;
  • (n) use any foul; abusive or obscene language in a Survey or Our Site;
  • (o) engage in any fraudulent activity, including, but not limited to, speeding through Surveys, taking the same Survey more than once, submitting false information during the registration process, submitting false or untrue Survey data, redeeming or attempting to redeem Incentives through false or fraudulent means, tampering with Surveys and, with respect to the use of the Ad Tracking Service, accessing websites or online campaigns with the sole intention to provide a misrepresentative impression of Your online behaviour;
  • (p) reverse engineer any aspect of a Service or take any acts that might reveal or disclose the source code, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or codes, except as expressly permitted by Applicable Law;
  • (q) engage in any criminal or illegal act(s) which may be linked to a Survey or Our Site;
  • (r) use Restricted Content in violation or breach of these Terms; or
  • (s) encourage and/or advise any individual, including, but not limited to, Panel Members, Non-Panel Members or any of Our employees, to commit an act in conflict with the Terms.
  1. Restricted Content

Unless otherwise noted, all materials, including, without limitation, all concepts, text, designs, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used in a Survey and/or on Our site, a Survey Site or a Partner Site and the selection and arrangements thereof, are subject to intellectual property rights, including copyrights, trademarks and patents or the right to apply for their registration anywhere in the world, held by or licensed by Us, a Survey Owner, a Partner, or other third parties who are the respective owner of, or controls, such Restricted Content.

When You use a Service or participate in a Survey, You may be exposed to Restricted Content. You are not granted any rights to the Restricted Content and all intellectual property rights are expressly reserved. No license to use, reveal, download, copy, distribute, or reproduce (including posting to any website, social media or blog) the Restricted Content or the subject matter of the Restricted Content is granted to You. Please be advised that legal action may be taken in the event any unauthorised use of the Restricted Content is traced back to You. You are hereby informed and acknowledge that We will fully cooperate with all requests for disclosures (including but not limited to the disclosure of Your identity) which We deem are legitimate.

You may only use a Service, participate in a Survey and use Our Site or a Survey Site or Partner Site in a manner that does not infringe Our, or a third party’s, intellectual property rights.

  1. User Content

You are responsible for all User Content. You are also responsible to obtain, where relevant, third party’s approvals, consents, and/or authorisations for Your and Our use of Your User Content. Your User Content may become publicly available and shared with third parties including, but not limited to, Our Clients, clients of Our Clients, Survey Owners, Partners and third party service providers. You shall ensure that User Content does not contain copyrighted or trademarked content or material of any third party, including audio, video, images, or the likeness of anyone other than You, unless You have procured the approvals, consents and/or authorisations from such third parties required for Your and Our use of such User Content. You will not receive compensation for any User Content.

By using, uploading, posting, submitting or permitting Us to collect (such permission deemed granted upon Your use of the relevant Service) User Content in connection with the Services, You hereby grant to Us a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use Your User Content at Our own discretion. You will not receive any compensation for Your User Content or Our use of it, except where expressly agreed.

You are solely responsible to ensure that Your User Content, and Our use of it according to these Terms, will not infringe any third parties’ intellectual property rights. We do not and cannot review all User Content and We accept no liability whatsoever for Your User Content. We have the right, but not an obligation, to delete, remove, or edit Your User Content, which We, at Our sole discretion, deem to: (a) violate these Terms; (b) violate intellectual property rights; or (c) be abusive, defamatory, obscene, or otherwise unacceptable.

  1. Incentives Program

If You respond to and successfully complete a Survey You may earn Incentives in Our Incentive program. You do not have to purchase anything in order to receive Incentives. The Incentives You have earned are personal and You cannot transfer them to anybody else. Your Incentive balance will be valid and redeemable for a period of [twenty four (24)] months after the latest completed survey. Any Incentives not redeemed by You may be revoked by Us.

At the beginning of a Survey You will receive information about the size of Incentives that You may earn. We shall not be liable or responsible in any way for tax consequences or duties that may occur as a result of Incentives issued or redeemed. If You breach the Terms You may lose all the Incentives You have earned. We do not accept any liability to You in relation to the Incentives You have earned.

  1. Profile Updates

Panel Members agree to promptly notify Us of any changes in or to information contained in their member profile. Panel Members agree to review and update, as necessary, membership profiles no less frequently than once every twelve (12) months. A Panel Member may update, correct, and/or delete information contained in his or her membership profiles by: (a) accessing his or her Panel membership account; or (b) sending an email to support using the email address list on Our website.

  1. Opt-Out Policy

Panel Members may opt-out from using any or all Services (including, without limitation, from receiving Survey invitations, newsletters or communications) at any time by: (a) following the unsubscribe procedures described on Our Site or related sites or contained in an email received from Us; or (b) by sending an email to Our Panel Member services team.

We shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Upon termination of Services, a Panel Member’s contact information will be removed from all communication or contact lists relating to the terminated Service(s). Please note that it may take a few days to complete the removal and during such time, You may receive messages from Us which were created or compiled prior to Your opt-out.

  1. Links

In connection with Your use of the Service, You may be able to link or connect to a Third Party Website. Please note that We do not endorse any Third Party Website or products, services, and/or opportunities advertised, offered, through or in connection with such Third Party Website. Please review all policies and terms applicable to such Third Party Websites carefully.

  1. Communications with Us

All communications (excluding personal information) and User Content submitted or transmitted by You to Us, by electronic mail or otherwise, or otherwise collected by Us, will be treated as non-confidential and non-proprietary information of Yours, unless You specifically indicate otherwise either prior to, or contemporaneously with, Your submission of or permission to Us to collect such communications and User Content. You agree that any such communications and User Content may be used by Us at Our own discretion.

  1. Privacy

We take Your privacy very seriously. For information about how We handle privacy matters, please review Our Privacy Policy.

  1. Disclaimer

You expressly agree that Your participation in a Survey and use of the Service and browsing of Our site, a Survey Site or a Partner Site is at Your sole risk and responsibility. To the maximum extent permitted by law, We, Our Clients, Survey Owners and Partners, or other third parties, and Our and their respective directors, officers, employees, representatives, agents, third-party content providers and licensors, do not make any warranties, express, implied or statutory, including those of merchantability, fitness for a particular purpose, that participation in a Survey or the use of the Service, Our Site or a Survey Site or Partner Site will be uninterrupted or error free. To the maximum extent permitted by law, We, Our Clients, Survey Owners, Partners, or other third parties, and Our and their respective directors, officers, employees, representatives, agents, third-party content providers and licensors, do not make any warranties, express, implied or statutory, including those of merchantability, fitness for a particular purpose, to the accuracy, reliability, or content of any information, or services provided through a Survey or Our site, or a Survey Site or Partner Site, other than as expressly set out in these Terms.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, SURVEY OWNERS, PARTNERS, THIRD PARTIES, OR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNEES SHALL NOT BE LIABLE TO YOU IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, FOR ANY MATTER RELATED TO THESE TERMS, THE SERVICE, OUR SITE, A SURVEY SITE, A PARTNER SITE OR FOR ANY SUBMISSIONS YOU MAKE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.

The limitation of liability and the disclaimer in these Terms shall apply regardless of the form of action, whether in contract, warranty, civil liability, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Nothing in These terms shall affect your statutory rights.

  1. Indemnification

You agree to fully and effectively indemnify, defend, and hold Us, Survey Owners, and Partners, and other related third parties, including directors, officers, shareholders, employees, representatives, contractors, affiliates, successors or assignees, harmless from and against any and all damages, expenses, liabilities and losses of any kind, including legal fees, arising, whether directly or indirectly, from any breach caused by You of the Terms.

  1. Variation

We hereby reserve the right, in Our sole discretion, to make changes to these Terms. We encourage You to review these Terms on an ongoing basis and We will notify You of changes to these Terms. Your continuous use of the Service or access to a Survey will constitute an acceptance of amendments to the Terms.

  1. Compliance with Applicable Law

You acknowledge and agree that You shall at all times comply with Applicable Law when You use the Service and respond to a Survey.

  1. Suspension, Termination and De-Activation

In addition to any and all other available remedies, We may, without notice, suspend and/or terminate Your use of and access to the Service, or Your membership with a Panel, if You are in breach of the Terms or in the event that You use the Service in an unlawful manner or otherwise act in a manner that is, at Our sole discretion, unacceptable to Us, a Survey Owner and/or a Partner. If We terminate Your right to use the Service and/or if Your Panel membership is terminated: (a) You forfeit all rights, title, and interest in and/or to all unredeemed rewards, Incentives, and/or prizes, effective upon termination; (b) Your Panel membership will immediately be cancelled; (c) Your access to and use of the Service will immediately cease; and (d) You will not be allowed to participate in any future Surveys offered through the Service.

Furthermore, We reserve the right to de-activate Your Panel membership account: (a) if You are no longer an Active Panellist; (b) if We receive a hard bounce or delivery failure notice in Our email communication with Your email account; or (c) if We receive a “mailbox full” reply notice three (3) times in Our email communication to Your email account.

In the event of a deactivation, termination by You, or termination by Us You forfeit any Incentives that You have earned.

  1. Language

The original of these Terms has been written in the English language. We may, at our sole discretion, provide translations of the Terms into other languages. In the event of a discrepancy between the English and translated versions, the English version shall prevail.

  1. No Waiver

A waiver by Us of any breach of these Termsby You shall not constitute a waiver of any subsequent breach.

  1. Entire agreement

These terms, together with Our Privacy Policy, represent the entire agreement between You and Us and shall supersede any prior agreement or understanding between You and Us.

  1. Severability and Assignment

If, for any reason whatsoever, any term or provision of these Terms is deemed to be void or unenforceable, such term or provision shall be deemed to be severable from the remainder of these Terms, and the remainder of these Terms shall be construed and interpreted without reference to the unenforceable term.

You may not assign these Terms without Our prior written consent, which may be withheld at Our sole discretion. You agree that We may assign these Terms at any time to anyone.

  1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England.

Any disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the English courts.

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