Terms and Conditions for Survey participation
ACCEPTANCE OF TERMS: Welcome! You have been invited to participate in a Survey based on Your profiling information. Your participation in a Survey is appreciated. We would like to inform you of the terms and conditions that govern your participation in a Survey. These Terms and Conditions for Survey participation (hereinafter the “Terms”) apply in addition to your agreement with the Panel Owner, as well as any specific terms, as applicable, available for each Survey. Please note that your continued participation in a Survey will constitute your acceptance of these Terms, as well as those contained in our Privacy Statement. If you do not agree to or do not have the proper legal authority to enter into these Terms or any part hereof, please do not participate in the survey.
When used in these Terms, the following terms and expressions shall have the following meanings.
“Survey” refers to the questionnaire presented on the Survey Site.
“You”, “Yourself,” “Your” and “Yours,” refer to you as an individual being a Panelist.
“We”, “Us” and “Our” refer to Opinion Space Kenya, a Kenyan entity
“Panel” refers to a collection of individuals who has agreed to be invited to and participate in research studies or market surveys.
“Panelist” refers to a member of a Panel.
“Panel Site” refers to the website where individuals can register to become members of a Panel.
“Panel Owner” refers to the owner of the Panel Site and with whom You, in Your capacity as a Panelist, have entered into an agreement with regarding Your membership in a Panel
“Survey Owner” refers to the owner of the Survey.
“Survey Site” refers to the website where You can answer a Survey.
“Submissions” refers to all comments, feedback, suggestions, ideas and other information disclosed or offered made, posted, published, submitted to or disclosed on or by this Site.
You are invited to a Survey on behalf of the Panel Owner. We manage the relationship between the Survey Owner and the Panel Owner, on behalf of the Panel Owner, and acts as a platform supplier. The purpose of these Terms is to set out the general terms and conditions for Your participation in a Survey. These Terms shall, however, not apply to the extent they conflict with any similar terms in Your agreement with the Panel Owner or with specific terms provided by the Client for participation in a specific Survey.
In addition to the above, We have been instructed by the Panel Owner to manage the incentive payments. Details regarding such incentive scheme can be found in these Terms.
Conditions for Survey Participation
As consideration for Your participation in a Survey and use of a Survey Site, You agree to comply with these Terms, as well as any other terms and conditions that apply to Your participation, including any agreement between You and the Panel Owner. You participation in a Survey and Your use of a Survey Site must be in compliance with applicable law.
By participating in a Survey, You agree to at all times provide true, accurate, current and complete information about Yourself when prompted. If You provide any information that is untrue, inaccurate, not current or incomplete or there are reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, You may not qualify for the Survey and consequently will not receive any points earned or to be earned or any incentives for Your participation. In addition, the Panel Owner may terminate Your membership account and refuse any and all current or future participation in surveys (or any part thereof).
For verification and security purposes, a Survey may have an estimated timeframe in which the Survey should be completed. If You complete the Survey in a time frame that does not fall within the estimated timeframe, You may be deemed to not having finalized the Survey and consequently may not receive any incentives for Your participation. In addition, Your Panel Owner may terminate Your membership.
Red Herring Questions
A Survey may include the same or similar questions multiple times, or require that You choose a specific answer (so called Red Herring Questions), in order to ensure that You are being truthful and/or carefully reading all of the survey questions. If Your responses to such Red Herring Questions indicate that You are not being truthful and/or carefully reading all of the survey questions, You may not qualify for the survey and consequently will not receive any incentives for you participation. In addition, Your membership may be terminated and Your account deleted.
Open End Questions
A Survey may include a section that requires You to fill in Your answers by typing them (rather than selecting an answer from a set of fixed responses). If Your response in Open Ended question is considered to contain language that is inappropriate, or irrelevant in relation to the question, You may not qualify for the survey and consequently may not receive any incentives for you participation. In addition, Your membership may be terminated and Your account deleted.
In participating in the Survey or using the Survey Site, You agree:
(i) not to disrupt, interfere with the security of or otherwise abuse the service or the Survey Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Survey or Survey Site or affiliated or linked sites;
(ii) not to disrupt or interfere with any other user’s enjoyment of the Survey or Survey Site or affiliated or linked sites;
(iii) not to upload, post or otherwise transmit through or while in the Survey or on the Survey Site any viruses or other harmful, disruptive or destructive files, computer programs or code;
(iv) not to use or attempt to use another user’s account, service or system without authorization, or create or use a false identity on the Survey or the Survey Site;
(v) not to transmit through or on the Survey or the Survey Site any spam, chain letters, junk email or any other type of unsolicited or mass e-mail; and
(vi) not to attempt to obtain unauthorized access to the Survey or the Survey Site or parts of the Survey or Survey Site which are restricted from general access.
In addition, You agree that You are solely responsible for actions and communications undertaken or transmitted to or for Your account, and that You will comply with all applicable laws that relate to Your use or activities in the Survey or on th Survey Site.
Your access to a Survey or a Survey Site may, at any given time, be suspend or stopped if you fail to comply with these Terms or any other terms applicable to your participation, or in the event that You participate in the Survey or use the Survey Site in an unlawful manner or otherwise in a manner detrimental to Us, the Panel Owner, the Survey Owner or any other third party.
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 the Survey and/or on the Survey Site and the selection and arrangements thereof (collectively, the “Content”), 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, Our affiliates, the Survey Owner or other third parties who are the respective owners of such intellectual property.
No license to use or reproduce the Content is given to You and all intellectual property rights therein are expressly reserved. No license to use, reveal, download, copy, distribute, or reproduce (including posting to any website, social media or blog) the Content or the subject matter of the Content is given to You and all intellectual property rights therein are expressly reserved. Please be advised that legal action may be taken in the event that any unauthorized use of any Content is traced back to You.
You may only participate in the Survey and use the Survey Site in a manner that does not infringe the intellectual property rights of Us or any other.
Policy on Points-Based Incentive Programs
To obtain points, You must successfully complete Your participation in a Survey. No purchase is necessary.
The number of points that may be earned for a Survey is specified at the beginning of the Survey. Please note that You are responsible for any taxes or duties which may result from points issued or redeemed. We will not be liable or responsible in any manner for any tax consequences or duties which may result from points or incentives issued or redeemed.
Your participation in a Survey may be suspended, altered or terminated, and any points or incentives earned may be cancelled or suspend, in case of any abuse or breach of any rules, regulations, terms and conditions, or any misrepresentation by You. We will have no liability to You under such circumstances.
You expressly agree that Your participation in a Survey and use and browsing of a Survey Site is at Your sole risk. To the fullest extent permitted by applicable law, We, Our clients, affiliates, 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 a Survey Site will be uninterrupted or error free, as to the results that may be obtained from Your participation in a Survey or use of a Survey Site, services provided therein, or the accuracy, reliability, or content of any information, or services provided through a Survey or a Survey Site, other than as expressly set out in these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, 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 THIS AGREEMENT, 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 HOWSOEVER CAUSED WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.
The limitation of liability and disclaimers in these Terms shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, 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.
You agree to indemnify, defend, and hold Us and Our affiliates, advertisers and other third parties, including directors, officers, shareholders, employees, representatives, contractors, affiliates, successors or assigns, harmless from and against any and all damages, expenses, liabilities and losses of any kind (including, without limitation legal fees), arising out of a third party claim regarding or in connection with Your participation in a Survey or use of a Survey Site or Submissions made to Us or a designated third party, or a breach of these Terms, to the extent that such damages, expenses, liabilities and losses were caused by You.
Rights to Change and Control Website
The Content of a Survey Site may be subject to change, restriction or termination without any notice to You.
Severability and Assignment
If, for any reason whatsoever, any term or provision of these Terms is deemed by a court to be void, voidable or otherwise 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 in Our sole discretion. You agree that We may assign these Terms at any time without notice to you.