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Terms and Conditions

1. Introduction

  1. www.eglobalpanel.com (the Community) is operated, managed and hosted by eDigitalResearch Company Number 5424597 whose registered office is situated at The Hub, Berrywood Business Village, Tollbar Way, Hedge End, Hampshire, SO30 2UN (together we, us or our).
  2. Use of the Community is on the terms contained in this document (Terms of Use). The Terms of Use form the basis for your use of the Community whether or not you become a Member (as defined below). They regulate your rights and obligations in respect of using the Community. If you do not agree to these Terms of Use, stop using the Community immediately. By accessing and using the Community you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Community about how the Community operates and the services which are available.

2. Using your personal data

  1. Your personal data will be gathered, stored and utilised by and in accordance with eDigitalResearch's privacy policy available at http://www.edigitalresearch.com/privacy.
  2. If you agree to become a "panel member" for eDigitalResearch your personal data will also be used in accordance with eDigitalResearch's privacy policy available at http://www.edigitalresearch.com/privacy.
  3. Your personal data will be processed for the purposes set out in the privacy policies set out above, including without limitation to:
    1. provide feedback on business practices, products and services; and
    2. profile and select "mystery shoppers" and/or "panel members" to assist in carrying out studies into consumer opinions on business practices, products and services.

3. Membership

  1. Community membership is free of charge.
  2. Any person who is 16 years of age or older can become a Community member (a Member).
  3. As a Member you will be given access to the Community, an interactive assessment platform.
  4. In respect of your application you undertake to provide us with accurate and complete information about your identity. You must keep such data up-to-date during your Community membership.
  5. You may not transfer your Community membership to another person.
  6. We reserve the right to impose, without prior notice, limitations on the Community for whatever reason, including maintenance work and further developments.
  7. We reserve the right to withdraw the Community from use and terminate your rights under these Terms of Use immediately at any time and for any reason (including upon the termination of any licences or agreements between us and any third parties in relation to the operation of the Community).
  8. We cannot guarantee that the Community will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Community and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Community or any computer system, server, router or any other internet-connected device.
  9. We will mention the names of winners on the website.

4. User name

You are free to choose your own unique user name (a User Name) and password. However, the user name you choose must not violate any applicable law, third-party rights or these Terms of Use. In respect of your User Name you must, in particular:

  1. not use the name of another person or entity;
  2. not use a name that infringes any third party's copyright, trademark or other intellectual property rights;
  3. not use a name that could provoke or offend other members such as vulgar or insulting user names; and
  4. As the owner of the User Name you are responsible for all content that are disseminated under your User Name.

5. Duty of care in respect of user data

  1. You are responsible for all content that is disseminated in your User Name. Therefore please select a password for your User Name and take all the necessary measures to ensure that it is kept secret. You are responsible for unauthorised use of your User Name by third parties.
  2. In the case of knowledge or justified suspicion of misuse of your User Name or password, we may take such measures as it considers necessary and, in particular, may temporarily suspend or cancel your membership or access to the Community.

6. Posting content

  1. As a Community member you will have various opportunities to take part in the community and post material such as text, assessments, data pictures and/or videos (Content).
  2. In this respect you should act with consideration and courtesy in dealings with other members.
  3. Please note that you are prohibited from posting the following Content on the Community:
    1. racist, sexist, ageist, pornographic, blasphemous, obscene, insulting and vulgar or otherwise objectionable content, and content that glorifies or belittles violence or is contrary to good morals;
    2. Content that has a detrimental effect on or endangers children in respect of their development or education or violates human rights or other protected legal interests;
    3. Content which is illegal or that could persuade others to commit illegal or immoral acts;
    4. defamatory, insulting or offending remarks;
    5. threats or other forms of aggravation or harassment against other Members, providers or third parties;
    6. abusive criticism, slander, swear words, insults, lies or incorrect information;
    7. Content that may violate third-parties' rights to the self-determination of information or which is invasive of privacy or infringes intellectual property rights;
    8. copied Content to which you have no rights;
    9. Content that constitutes a security risk, for example software viruses;
    10. links to websites with Content that violates applicable law, poses a threat to children or is otherwise illegal;
    11. names, addresses, telephone numbers or e-mail addresses outside your Member profile;
    12. Content which consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or similar form of communication.
  4. In respect of any Content (including any assessments as detailed in clause 7) you warrant that:
    1. you own or otherwise control all of the rights to the Content that you post;
    2. to the extent that such Content includes photographs or other media you warrant that you have obtained the consent of the subject of such photograph or other media (or in the case of persons under the age of 18 their parent or guardian);
    3. use of the Content will not cause injury to any person or entity; and
    4. the Content is not defamatory
  5. You agree to indemnify us and our subsidiaries, affiliates, officers, agents and employees against all liabilities, claims and expenses and hold us harmless for all claims brought by any third party arising out of or in connection with a breach by you of this clause 6 or clause 7.
  6. We reserve the right to remove or edit any Content at any time without notice.

7. Assessments

  1. As a Community member you are entitled to write assessments. Such assessments must comply with the requirements of clause 6. We reserve the right to publish such assessments on the Community assessment platform. Community members do not have a right to publication of their assessments.
  2. The following rules apply to the assessments:
    1. assessments must relate to the provider, product and/or service assessed;
    2. assessments must reflect reality;
    3. assessments must be factual, objective and accurate;
    4. negative assessments are permitted but must be expressed in a factual manner;
    5. no derogatory tags may be used;
    6. Content that has been provided by providers themselves is only permitted by way of self-portrayal;
    7. Relatives, employees, agents or associates of a provider may only assess the respective business or company if they disclose such a relationship; and
    8. advertising content (hidden or obvious) is not permitted.
  3. We reserve the right to review the assessments that you have posted on the Community and, where necessary, edit or delete them.

8. Licence to use content

  1. If you do post Content to the Community, and unless we indicate otherwise, you grant us and our subsidiaries and affiliates:
    1. non-exclusive, royalty-free and fully sub-licensable rights to use, duplicate, disseminate, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media; and
    2. the right to use the name that you submit in connection with such Content, if we or our affiliates so choose.
  2. In relation to any Content you post or submit you agree:
    1. that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such Content;
    2. to waive your right to be identified as the author of such Content and your right to object to derogatory treatment of such Content and any other moral rights which may exist;
    3. to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

9. Defamation and other claims

  1. We operate on a "notice and takedown" basis. If you believe that any Content on the Site contains a defamatory statement or is otherwise in breach of these Terms of Use, please notify us using the contact details set out below.
  2. Once this procedure has been followed we will use all reasonable endeavours to remove any defamatory or other infringing Content that is complained about within a reasonable time.

10. Cancellation or termination of your Community membership

  1. You are entitled to terminate your Community membership at any time without serving notice.
  2. We are entitled to terminate your Community membership at any time without notice.
  3. If we terminate your membership due to a breach of these Terms of Use, you may only reapply for Community membership following express approval by us. Community members are not permitted to enable former Community members, whose Community membership has been terminated without notice, to use the Community.

11. Liability

  1. The Community is provided on an "as is" and "as available" basis. We accept no liability and offer no warranties or conditions in relation to the Community or its Content, to the fullest extent such liability can be excluded by applicable law. You acknowledge that all Content is the sole responsibility of the person from whom such Content originated and, as such, we do not warrant the accuracy, integrity or quality of such Content.
  2. In no event shall we be liable to you for any indirect or consequential loss, loss of profit, revenue, business or goodwill arising from your use of, or inability to use, the Community or any Content. Except as provided in these Terms of Use, all terms implied by law are excluded to the fullest extent permitted by law.
  3. We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
  4. Insofar as our liability is excluded or limited in accordance with the above provisions, this shall also apply to the liability of our subsidiaries, affiliates, employees, representatives and agents.

12. Accuracy of Content

The Content posted on the Community is the sole responsibility of the Member posting it and we make no representation or warranty that any Content is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such Content by you or anyone to whom you communicate such Content.

13. Intellectual Property Rights

  1. All information and Content on the Community including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such information and Content, as well as in the original content. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos or other proprietary marks or any of the Content of the Community, in whole or in part, except as provided in these Terms of Use.
  2. You may download information from the Community for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

14. Compliance with applicable laws

In addition to these Terms of Use, in your use of the Community you agree to comply with all applicable laws, regulations, orders and codes of practice including (without limitation) the Data Protection Act 1998.

15. Links to other websites

  1. We may provide hyperlinks from the Community to other internet sites which are operated by other organisations. We are not responsible for external websites that link to the Community or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.
  2. We reserve the right at our discretion to prohibit any link from another internet site to materials or information on the Community.

16. General provisions

  1. We reserve the right in accordance with the following provisions to amend the Terms of Use and services provided on the Community.
  2. We shall inform you of an amendment to these Terms of Use and a significant amendment to a service by way of appropriate notice before the intended amendment comes into force. The information shall be made available on the Community and, if you are a Member the information will also be forwarded via e-mail to the e-mail address stated by you in your registration.
  3. You and we agree that English law applies to these Terms of Use and that any dispute between us regarding the Community or arising out of or in connection with these Terms of Use will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there.
  4. Any formal legal notices should be sent to us at the address set out below by email and confirmed by post.
  5. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.
  6. If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

17. Contact details

eDigitalResearch Ltd
6 Berrywood Business Village
Hedge End
Hampshire
United Kingdom
S030 2UN

Tel: +44 (0)1489 772920

Registered in England, number 5424597.

eGlobalPanel@edigitalresearch.com.