General Terms and Conditions
for participating in the
"Opinioncommunity" online survey panel
:
Between:
Opinioncommunity is registered at Unit 1804, South Bank Tower, 55 Upper Ground, London, represented by Mr Alex Bao in his position as President.
Hereafter known as " Opinioncommunity "
and
The respondent to the qualification questionnaire that follows
Hereafter known as the " Panelist ".
- Opinioncommunity offers a range of services accessible on the Website Opinioncommunity . These services enable a panel of consumers to exchange opinions on products and services, to test some of the products and services and to answer polls and market surveys online, in response to an email request.
- To carry out and set up these services, Opinioncommunity calls on Internet users identified as Panelists, who volunteer to participate actively, regularly and completely independently in surveys, polls and tests proposed by Opinioncommunity. This independence excludes any subordination between Opinioncommunity and the Panelists.
- These Terms and Conditions aim to set out the terms of participation and use of these services by the Panelists.
The following terms will be defined as follows when used with a capital letter in these Terms and Conditions:
- « Access Panel » : designates the group of individuals who have volunteered to participate in the Opinioncommunity Panel to answer regular market surveys or polls, and whose registration has been validated by Opinioncommunity.
- « Member Account » : designates the personal account attributed to Panelists after they have filled in the application form to register and approved these Terms and Conditions, and after Opinioncommunity has confirmed their registration by email. In the Member Account, each Panelist has a page recapitulating their personal information communicated to Opinioncommunity and access to the different Opinioncommunity Services on the Opinioncommunity servers.
- « Surveys » or « Market Surveys » : designates the market surveys and/or polls conducted by Opinioncommunity, with the aim of analysing the markets for products and services of all kinds. They consist in particular in studying systematically the behaviour, attitudes and opinions of individual people.
- « Panelist » : designates any member of the Opinioncommunity Panel.
- « Qualification Questionnaire » : designates the questionnaire filled in by the Panelist on applying to register with Opinioncommunity’s Services, enabling the company to establish his or her profile according to socio-demographic criteria and consumer habits in particular.
- « Services » or « Service » : designate all the services to exchange opinions about products and services, tests of products and services and participation in polls and market surveys, contained in these Terms and Conditions and proposed by Opinioncommunity on their Website Opinioncommunity .
- « Website » : designates the Internet site pertaining to Opinioncommunity Services accessible at Opinioncommunity .
The aim of this contract is to set out the terms and conditions whereby Panelists can join the Access Panel and use and participate in Opinioncommunity’s Services. By applying to register with the Access Panel, Panelists accept without reservation all the terms and conditions set out in this contract.
3.1 The Service allows Panelists to exchange opinions with other users, on the Website, about products and services, test products and services and participate in polls and market surveys.
3.2 Opinioncommunity reserves the right to extend the Service by adding functionalities and/or sections not covered in these Terms and Conditions and/or to remove certain functionalities and/or sections of the Service. These modifications do not require prior notice or any other formality on the part of Opinioncommunity (other than notification by any means of their choice) of the modifications to this Contract.
Opinioncommunity also reserves the right to cease the service with 30 days prior notice.
Registration to the Access Panel is subject to the following conditions:
- Panelists must be individuals aged 15 or over and live in the United States. All legal entities or companies listed on the Trade Register are expressly excluded, as is any equivalent in any country other than the United States.
- The registration form must be fully completed with all the information requested by Opinioncommunity.
- Panelists must have a valid email address.
- They must agree to these Terms and Conditions .
For minors aged between fifteen and eighteen, prior consent from the parent or guardian is also required. To this effect, this Contract must be drawn up in the name of the minor and signed both by the minor and the parent or guardian and sent by post to Opinioncommunity. Failure to do so will result in Opinioncommunity refusing to validate the registration of the said minor.
In all cases, Opinioncommunity reserves the right to accept or refuse to register a person for the Services, without having to justify their decision in any way.
By clicking " Sign Up I accept these Terms and Conditions without reservation ", and subject to validation of the registration by Opinioncommunity, Panelists acknowledge and accept that these Terms and Conditions will become applicable and will govern relations between Opinioncommunity and the Panelist.
Opinioncommunity will conserve the date of this acceptance, which by common agreement constitutes the definite date of acceptance of these Terms and Conditions.
6.1 According to these Terms and Conditions, Panelists agree to:
- Participate in at least one out of four surveys or polls requested by Opinioncommunity.
- Answer the surveys sent by Opinioncommunity loyally, honestly and completely independently. Panelists also agree to give coherent answers to the surveys proposed. Opinioncommunity reserves the right not to allocate points for the survey to respondents whose questionnaires are completed randomly, even if the said respondent has validated his questionnaire.
- Participate personally in all the Services and therefore to keep secret the login and password giving access to the Member Account on the Website, and not to communicate them to any third party.
- Keep strictly confidential and not divulge to any third party, the questionnaires and all other information and/or material and/or immaterial elements pertaining to the surveys proposed by Opinioncommunity.
- Update immediately all personal information concerning them, via the Internet interface accessible on the Website, in the event of significant changes to one or more of these elements of information (matrimonial and family situation, professional, financial situation and personal assets, etc.), and any modifications to their contact details (email address, postal address, etc.).
6.2 In all their information published on the Website and in all their contributions to the Services, Panelists agree to observe all the applicable legislations, rules of good conduct and law and order. In particular, Panelists shall refrain from disseminating any message or information, in whatever form and of whatever nature, that might be considered insulting, discriminating, libelous, racist, xenophobic, revisionist or that might harm the honor or reputation of others, or that is in any way pornographic or paedophiliac or that refers directly or indirectly to pornographic or paedophiliac Internet sites, or that violate the privacy of exchanges.
Similarly, Panelists agree to observe the rights of any third party, particularly relating to personality rights, trademark and copyright and assimilated rights and in general, the rights of people and goods.
6.3 Panelists shall refrain from using their Member Account and participation in the Access Panel and/or the Services for commercial purposes and, in general, to offer products and services for direct or indirect remuneration. In no case may they sell the Services or make them available to a third party and/or other Panelists, either for payment or free of charge. Opinioncommunity alone reserves the right to insert advertising or promotional or sponsorship messages in the Website pages.
6.4 Panelists shall refrain from obtaining email addresses of other Panelists or third parties, with a view to sending unsolicited emails, for whatever reason or purpose.
6.5 Panelists agree to create only one account for themselves and shall therefore refrain from creating fictitious accounts. In the event of a sponsorship, Panelists agree not to sponsor fictitious persons.
6.6 Panelists who have sponsored another member of the panel shall receive the points corresponding to the sponsorship when their sponsor completes a survey.
6.7 Panelists agree to complete their basic Profile, the "Health" section and another theme of their choosing within 30 days of registering on the Opinioncommunity Panel. After this time, Opinioncommunity reserves the right to unsubscribe those Panelists who have not observed these validation criteria.
7.1 Opinioncommunity agrees not to divulge to any third party, in whatever form, all or part of the nominative data communicated to them by the Panelists and in particular, their contact details, unless the Panelist has given his consent to do so.
7.2 The Panelist’s answers to Opinioncommunity surveys will be processed anonymously, globally and on aggregate, unless the Panelist has explicitly agreed to waive this anonymity. In this respect, Opinioncommunity declares that they comply with the recommendations of the Ethical Practices Charter in the Syntec Internet surveys.
7.3 Opinioncommunity shall implement all appropriate technical and organizational measures to protect the Panelist’s personal data.
- In application of the Britain data protection act n° 78-17 of 6 January 1978, Panelists have the right to oppose (art. 26 of the Act), access (art. 34 to 38 of the Act) and rectification (art. 36 of the Act) of the data concerning them. They may demand that any information concerning them be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out of date or if the collection or use, communication or conservation is forbidden. Panelists may exercise this right at any time, by contacting Opinioncommunity.
- On the closure of the Member Account and for the purpose of evidence, data concerning the Panelists is conserved confidentially and archived, for a duration determined by Opinioncommunity, and at most for the limitation period of all civil actions by virtue of article 2262 of the Britain civil code.
7.4 "Cookies" shall be placed on the hard disk of the Panelist’s computer, to enable Opinioncommunity to recognize the Panelist when he logs on to the Website and facilitate the management of the Services, and for statistical purposes (pages viewed, date and time of viewings, etc.), which Panelists accept without reservation.
7.5 Opinioncommunity shall do their utmost to keep the Website accessible at all times, it being agreed that it is not subject to any obligation of means and that it shall in no way be held responsible for temporary interruptions of the service, for whatever reason, and for any resulting consequences for the Panelists or any third parties. The unavailability of the service shall not give rise to any indemnification.
Opinioncommunity may also terminate or modify the features of the Services at any time and without prior notice. Opinioncommunity is in no way responsible for any consequences, including monetary ones, that the Panelists and/or any third parties encounter due to the using of Opinioncommunity’s Services or from their temporary or definitive interruption, due to the fact that the said Services are provided free of charge.
7.6 Opinioncommunity shall provide Panelists with general help sections and answers to Frequently Asked Questions (FAQ), but shall not provide any personalized help of any kind.
7.7 Opinioncommunity may quote the contributions, the Panelists 17logins and information that the Panelists has explicitly declared usable, for the duration of this contract, in particular for reasons of presentation, promotion, advertising and marketing of the Services. Panelists automatically and irrevocably confer to Opinioncommunity and guarantee them the right to exploit, copy, disseminate, display and distribute all the contents published by the Panelists on the Website as well as all the answers to the surveys in which they take part, and to use them as part of derivative work, or incorporate them in other work, and also grant the same rights to any third party chosen by Opinioncommunity.
7.8 Opinioncommunity shall inform the Panelist, when requesting that he test a product or service and/or takes part in a survey, of all contra-indications (particularly pregnant women, allergies and minimum age) regarding the product or service.
7.9 Opinioncommunity shall immediately inform the Panelist of any complaint and/or recourse to any third party due, in particular but not exclusively to, a violation by the Panelist of Article 6 of these Terms and Conditions. In this case, Panelists guarantee Opinioncommunity against any recourse and/or any complaint by any third party concerning the use, by the Panelist, of the Services and/or the suspension and/or termination of his Member Account. Panelists agree to act with due diligence to answer any complaint that Opinioncommunity brings to their knowledge and shall compensate Opinioncommunity at any time and on first request for any action, proceedings, complaint, demand, legal fees, consultant’s fees, taxes, sums decreed, or damages whatever their origin, direct or indirect, and all advance payments made, linked to the disrespect by the Panelists of any one of the commitments set out in these Terms and Conditions and/or the use of the Services.
7.10 Opinioncommunity shall inform the Panelists of any future modifications to the Services and/or to these General Terms and Conditions , it being agreed that Opinioncommunity may, by right, modify its Services and/or these General Terms and Conditions given in particular the technical evolution of the Service. All modifications will be shown on the Website and it is up to the Panelists to visit the Site and read them, to which they expressly agree.
8.1 In return for taking part in our surveys, Panelists shall be entitled to remuneration from Opinioncommunity, in the form of "Opinioncommunity Points". These "Opinioncommunity Points" are awarded for Panelist’s level of participation in surveys, their assiduity and their loyalty, according to a scale indicated on the Website and/or in the emails requesting participation in surveys sent by Opinioncommunity. Opinioncommunity is fully entitled to modify this scale for awarding points, at any time, on condition that they inform the Panelists beforehand by means of a message on the Website and/or by email.
8.2 The "Opinioncommunity Points" have no commercial value and may not in any circumstance be transferred or sold to any third party.
9.1 This contract will come into force on validation of the Panelist’s registration emailed out by the Opinioncommunity team.
9.2 It is drawn up for an unlimited duration.
9.3 It may be terminated at any time and without prior notice by the Panelist and/or by Opinioncommunity.
9.4 Should the Panelist fail to meet any of the commitments described in these terms and conditions, Opinioncommunity may at any time suspend or terminate the Panelist’s Member Account, without prejudice of any other proceedings for damages that Opinioncommunity might institute to gain just indemnification for the prejudice resulting from the said failure.
9.5 In the event of a termination, for whatever reason, the Panelist’s "Opinioncommunity Points" that have not yet been converted will be automatically and definitively cancelled and no compensation shall be due to the Panelist.
Furthermore, the Panelist’s "Opinioncommunity Points" that have already been converted shall also be automatically and definitively cancelled and no compensation shall be due to the Panelist in the event of acknowledged fraud.
9.6 The suspension or termination of the Panelist’s Member Account by Opinioncommunity, for whatever reason, shall not give rise to any indemnification for any direct or indirect prejudice.
10.1 Panelists acknowledge that they have been informed of the particular risks involved in the specific nature of the Internet and networks thereon, and that information pertaining to personal data concerning them may be captured and/or transferred, particularly in countries that do not guarantee an adequate level of protection of personal data. Panelists are also expressly informed of the practices developing on the Internet, beyond all control of Opinioncommunity, particularly those coming from countries other than France (spyware, instant messaging software, search software and services, etc.). They therefore guarantee Opinioncommunity against any recourse pertaining to any possible capture and/or use, by a third party, of information concerning Opinioncommunity.
10.2 These General Terms and Conditions for Panelists constitute the full and unique contract between the parties. As far as possible, each stipulation in these Terms and Conditions shall be interpreted so as to implement and validate it regarding the applicable law. Should a court of jurisdiction declare a stipulation null or not applicable in any particular circumstances, such a stipulation shall remain in force in all other circumstances. Should any clause in this Contract be considered invalid, the other clauses will retain their full effect.
In the event that a stipulation in this Contract, or the application of a stipulation to Opinioncommunity or the Panelist be considered as going against a law applicable by a court of jurisdiction, the other stipulations shall remain in force and shall be interpreted so as to implement the intention of both parties, as originally expressed.
10.3 This contract comes under Britain law. Any dispute as to its validity, interpretation or execution and if all attempts at conciliation fail, shall be submitted to the courts of jurisdiction.