1. TERMS AND CONDITIONS – ConsultaPanel
1.4 These Terms and Conditions govern your (“the Use”) use of the ConsultaPanel (“the Service Provider”) Websites. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained at the Website.
1.5 The Service Provider reserves the right to periodically change, modify, add to or remove portions of or the whole of these Terms and Conditions without notice, and the User is responsible for checking these Terms and Conditions periodically for revisions. All amended terms become effective upon posting at the Website, and any use of this Website after such revisions have been posted signifies User’s consent to the changes.
2. RIGHTS RESERVED
2.1 All rights of any kind in respect of this Website which are not expressly granted in these Terms and Conditions are entirely and exclusively reserved to and by the Service Provider.
2.2 The Service Provider reserves the right to revoke all rights in these Terms and Conditions without notice, at any time, and for any or no reason.
2.3 The Service Provider reserves the right to stop the User from using the Website upon breach of any Terms and Conditions set out herein, and to make any claims or institute legal action or take any steps that the Service Provider deems appropriate to address such breach.
3. AVAILABILITY OF SERVICE PROVIDER’S WEBSITE AND SERVICES
3.1. The Service Provider aims to offer the best products and services possible, but makes no warranty that access to and use of the Website, contents of the Website and any services offered on the Website will meet the User's requirements, and cannot guarantee that this Service will be free of any errors and mistakes or inaccuracies, or that there will not be any interruption in service whilst the User is using the Website.
3.2. If the User detects any errors and mistakes or inaccuracies, or experiences an interruption in Service whilst using the Website, the User undertakes to report these by using the "Contact Us tab" as found on the websites. In such event, Service Provider will attempt to remedy the problem as soon as it reasonably can.
3.3. The User's access to the Website may from time to time be restricted to allow for repairs, maintenance and the introduction of new material or services. In such event, the Service Provider will attempt to restore service as soon as reasonably possible.
4. SERVICE REGISTRATION AND QUALIFICATION
The Service allows persons who meet its eligibility requirements to register on its panel community. Panel members may participate in surveys on the Site.
The Service may be used only by persons 18 years of age or older or by persons between 14 and 17 years of age (a "Minor") with the permission and supervision of a parent or guardian 18 years of age or older (a "Guardian"). ConsultaPanel relies upon Guardians to determine whether any surveys or other content made available through the Service is appropriate for the viewing, access, download, or participation in by a Minor. If you are a Minor, you may not register for or use the Service without the permission and supervision of a Guardian. The Service is not intended for the use of children under 14 years of age. Use of the Service is void where prohibited.
5. USERNAME, PASSWORD AND SECURITY
5.1. When the Service Provider issues the User with a username and password for access to the Website, the User agrees to responsibly maintain the confidentiality of the username and password issued to User and to accept liability and responsibility for all activities that occurs and transactions that are entered into using that username and password; and undertakes:
5.2. to logout at the end of each session;
5.3. to notify the Service Provider immediately of any unauthorised use of User's account or any breach of security;
5.4. the Service Provider will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. The User could, however, be held liable for losses incurred by the Service Provider or another party due to someone else using User's account or password.
ConsultaPanel's award-scheme is available to its current members, new members or specific sections of its membership. Participation in this award system is voluntary. As a condition to entering into such award-scheme, members agree that ConsultaPanel may use their name, home town and home state for marketing purposes and may display their name, home town and home state on this Web site under a list of winners. Awards expire three (3) months from the date of award or as the sponsors redeemable coupons dictate.
7. PARTICIPATION REQUIREMENTS
A User's ability to participate in the Services is expressly conditioned upon Users compliance with these Terms and Conditions and with all policies and guidelines applicable to the Services that CONSULTAPANEL may make available from time to time. In the event of your non-compliance, fraud or other inappropriate activity (as determined by CONSULTAPANEL in its sole and absolute discretion), CONSULTAPANEL may cancel or invalidate your accounts, registrations and RSP, deny redemption of RSP, or restrict, block, limit, and prevent your access to and use of the Services and, further, all RSP, incentives and awards shall be subject to forfeiture. Without limiting the generality of the foregoing, the following requirements apply to your use of the Services including but not limited to blog/forum-type of communications:
7.1. Non-Use and Nondisclosure.
Information and content made available to Users in the Service may contain trade secrets or other confidential or proprietary information of CONSULTAPANEL's suppliers or licensors. Users must hold in strict confidence and not disclose to any other person any information and content that you access or learn in connection with your participation in any survey, project, questionnaire, or other market research activity related to the Service – or user-specific post, comment or link submission. You must not use any such information or content for any purpose other than your participation in the Service in accordance with these Terms and Conditions. You hereby agree to notify CONSULTAPANEL immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these Terms and Conditions.
7.2. Registration Information.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to CONSULTAPANEL, so as to keep it accurate, current and complete. Registration requires information that includes without limitation your full legal name, your date of birth, the address of your primary residence, your phone number and your working email address.
7.3. Compliance with Laws.
You must at all times comply with all applicable laws, rules, regulations, and orders, and not cause CONSULTAPANEL to violate any laws, rules, regulations, or orders.
7.4. Good-Faith Participation.
You agree to participate in good faith and to the best of your ability in any market research activities in which you participate in connection with the Service and with regards to fellow ConsultaPanel members. You will not provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses or statistically improbable.
8. COPYRIGHT AND LICENSES
The Services and all content and other materials contained on or within the Services, including, without limitation, the CONSULTAPANEL logo, and all information, content, designs, text, graphics, information, data, software, other files, and the selection and arrangement thereof (collectively, the ("Content"), are the proprietary property of CONSULTAPANEL and its suppliers and licensors and are protected by South African and international copyright laws.
9. TRADE MARKS
CONSULTAPANEL logos and/or designs and any other product or service name or slogan contained in any Content or otherwise within the Services are trademarks of CONSULTAPANEL and/or its suppliers and/or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CONSULTAPANEL or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services or in any Content are the properties of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CONSULTAPANEL.
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONSULTAPANEL, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER CONSULTAPANEL NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONSULTAPANEL OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
11. LIMITATION OF LIABILITY
NEITHER CONSULTAPANEL NOR ANY OTHER PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CONSULTAPANEL OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF CONSULTAPANEL AND ALL OTHER PROVIDERS TO YOU FOR ALL CLAIMS UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, WILL NOT BE GREATER THAN R1000.00
YOU WILL INDEMNIFY AND HOLD HARMLESS CONSULTAPANEL AND ALL OTHER PROVIDERS FROM AND AGAINST ANY COSTS, DAMAGES, EXPENSES, AND LIABILITIES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF ANY USER CONTENT, YOUR USE OF THE SERVICES OR NAY CONTENT, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
13. THIRD-PARTY CONSENT
The Services may contain links or references to information, content, and services provided by third parties (collectively, "Third-Party Content") as a service to those interested in this information. CONSULTAPANEL does not monitor or have any control over any Third-Party Content. CONSULTAPANEL does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. CONSULTAPANEL undertakes no responsibility to update or review any Third-Party Content, and does not represent or warrant the accuracy of any information contained in any Third Party Content. You use any Third Party Content contained therein at your own risk.
14. LINKS AND ADVERTISEMENTS.
ConsultaPanel may provide advertising space and/or links and pointers to Internet sites maintained by third parties. ConsultaPanel has not reviewed all of the third-party sites nor reviewed any products or services they may provide. ConsultaPanel is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. ConsultaPanel DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITES. ConsultaPanel DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITES OR CONNECTED BY LINK.
You don't have to participate in every survey; if you don't respond, we will contact you later about another survey. If at any time you decide that you don't want to participate in our surveys anymore, you can unsubscribe and we will send you an email indicating that we have processed your request to unsubscribe. After we have received and processed your request to unsubscribe, you will no longer receive emails from us inviting you to participate in surveys.
15.2. Fees for the Service
There is no fee to participate in the Service. CONSULTAPANEL may, in its sole discretion, elect to charge fees for participating in the Service, or to use or access any other Services, at any time. If it does, it will update these Terms and Conditions to reflect such fees.
Notwithstanding any term of these Terms and Conditions, CONSULTAPANEL reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, to terminate your license to use the Services, to delete any Panel registrations or other accounts, to delete RSP without redemption, and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by CONSULTAPANEL described in this paragraph will not limit any other remedies CONSULTAPANEL may have against you at law or equity.
15.4. Governing laws
These Terms and Conditions are subject to the laws of the Republic of South Africa. By agreeing to these Terms and Conditions, the User submits to the jurisdiction of the High Court of the South Africa for all matters relating to these Terms and Conditions.
© ConsultaPanel - 2013