On Device Research Ltd
Terms and Conditions for Survey Respondents
These terms and conditions (this “Agreement”) governs the relationship between On Device Research limited (“ODR”, “we”, “our” or “us”), registered in England and Wales under company number 07329573, and you (“Respondent”, “you” or “your”). concerning any surveys and polls that are made available to you by us or on our behalf (each a “Survey”), including through our Curious Cat app or on a website that we make available (the app and those websites together are the “Sites”) or through a third-party site.
Provision of the Sites and Responding to Surveys
- ODR or its clients shall issue Respondents with a Survey. Respondents will be invited to complete the survey and may, at the discretion of ODR or the applicable client of ODR, receive an incentive in exchange for completing the Survey fully and in accordance with the requirements of the Survey and this Agreement (an “Incentive”). Incentives may include entry to a prize draw, a direct financial incentive or some other incentive which ODR deems appropriate. Any financial Incentives shall be paid by us to you via Paypal, Moneygram or such other method as we permit within a reasonable period of time after the completion of the relevant Survey (or, if different, at the time we specify for the relevant Incentive); you agree to provide to us upon request with details that will allow us to make any relevant payment through Paypal, Moneygram or such other method as we permit.
- ODR reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, a Survey or the Sites or any part thereof, or Respondent’s access to any of them, including where an Incentive has been offered.
- Where the Respondent breaches any provision of this Agreement, ODR may declare any accumulated or offered Incentives due to you as null and void, and prevent you from receiving them.
- Respondent acknowledges and agrees that ODR is not obliged to maintain the availability of the Sites or Surveys. ODR will use reasonable endeavours to process your completed Surveys, but may be prevented from doing so by matters beyond its control that may result in the loss or deletion of, or failure to receive, process, or store any Respondent Content (including Survey or poll results or responses): Respondent Content is defined in clause 2.2 below.
ODR Materials and Respondent Content
- Certain content and information is provided on and through the Sites and in Surveys, including, without limitation, documents, graphics and images that are not Respondent Content (as defined below) (collectively, the “ODR Materials”). The copyright, trade mark and other intellectual property rights in and to ODR Materials belong to ODR or to ODR’s contributors and ODR and its licensees reserve their respective intellectual property rights in the ODR Materials.
- Respondent agrees that Respondent, and not ODR, is responsible for all content, including text, sound, photographs, images, video and other materials submitted by Respondent through the Sites or in Surveys (collectively, “Respondent Content”) and for ensuring that it complies with ODR’s Content Rules in its use of the Sites and participation in Surveys.
- ODR’s Content Rules are that material must not, and must not appear to us to:
- infringe anyone’s copyright
- infringe any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
- require the payment of any royalty or other sum in connection with its use;
- contravene any applicable law (including, without limitation, any criminal law) or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
- contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- misrepresent anyone’s identity in any way or impersonate any person;
- include any material containing personally identifying information about another person, such as their name, address, phone number, or email address, except with the demonstrable approval of that person;
- contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
- harass, upset, embarrass, alarm or annoy any person;
- give the impression that it emanates from or is approved by ODR;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- infringe any reasonable requirements which we may notify from time to time; or
- interfere with the proper working of ODR.
- You will not:
- use any technological devices such as spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute content available on the Sites;
- manipulate any poll, survey or prize draws on the Sites;
- take any action to interfere with the Sites or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Sites;
- send unsolicited email, including promotions and/or advertising of products or services; or
- frame portions of the Sites within another website or alter the appearance of the Sites.
- By participating in a Survey, you acknowledge that Respondent Content may be provided to business(es) that have commissioned the relevant Survey.
- ODR may, but is not obligated to, review any Respondent Content and block or terminate access of any Respondent whose Respondent Content ODR, in its sole discretion, considers is non-compliant with this Agreement.
Intellectual Property Rights
- The Intellectual Property Rights in the Sites and Surveys and in the material that appears on or in them are protected by copyright laws and treaties around the world and we, and our licensees, reserve our respective Intellectual Property Rights in the Sites and Surveys and no Intellectual Property Rights of any kind in them are assigned or licensed to you.
- We shall own and retain all right, title, Intellectual Property Rights and interest in and to all the Respondent Content, irrespective of the means by which it is contributed. You assign to us all rights you may have in all Respondent Content, including all Intellectual Property Rights in it. You acknowledge that you won’t retain any moral rights (the rights of integrity and attribution) in Respondent Content.
- Notwithstanding the above, we will use Respondent Content for the purposes of the Survey you participate in
Term and Termination
- This Agreement shall automatically become effective when Respondent agrees to it or you participate in a Survey that is governed by it.
- ODR may:
- freeze Respondent’s account with ODR;
- prevent Respondent’s participation in current and/or future Surveys; and/or
- terminate Respondent’s participation in Surveys or Sites ,
in the event that Respondent breaches this Agreement or if ODR ceases to be involved in the provision of the Surveys or Sites.
- In such event, Respondent shall immediately cease all use of Surveys or Sites (as the case may be) and Respondent acknowledges and agrees that ODR may, in its sole discretion, take any measures ODR reasonably deems necessary or desirable to prevent further participation in Surveys or use by Respondent of the Sites, including, by blocking Respondent’s IP address.
- Respondent acknowledges and agrees that ODR shall not be obliged to retain any Respondent Content (including Survey or responses) or to provide the same to Respondent.
Limit on Liability
- We do not exclude our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
- The material contained in Surveys, displayed on our Sites or otherwise supplied to you is provided without any guarantees, conditions or warranties as to its accuracy. We do not warrant that the functions contained in the Sites or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Sites or the servers that deliver the Sites will be corrected, or that the Sites or those servers are made available free of viruses or other harmful components.
- We are not obliged to provide you with Surveys to participate in or contribute to, and we have the absolute right to exclude you from participation in any Survey.
- Our maximum liability to you in respect of any Survey is the particular Incentive that we agree to provide to you for your participation in that Survey. Only properly and fully completed Surveys that meet the requirements of this Agreement and the relevant Survey will qualify for such an Incentive. The Incentive will be subject to all availability and other qualifications that we notify to you at the time.
- We will not be liable to you if we are delayed in or prevented from complying with our obligations under this Agreement by anything you should do or should have done, or as a result of events or things that we cannot reasonably control.
- We are not liable for business losses. So we won’t have liability to you for any loss of revenue (other than Incentives owed to you) or profit, loss of business, business interruption, or loss of business opportunity.
Jurisdiction and Applicable Law
- This Agreement (and any non-contractual obligations relating to or connected with this Agreement) is governed by English law. You and we each agree that the English courts have the jurisdiction for any disputes that arise in connection with this Agreement.
Severability and Waiver
- Any waiver by us in writing of any of your obligations hereunder, or any failure to insist upon strict compliance with any obligation shall not operate as a waiver of, or estoppel with respect to any subsequent or other failure of yours.
- Respondent may not assign this Agreement without ODR’s prior written consent, which may be withheld in ODR’s sole discretion. ODR may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or for any corporate reorganisation of ODR, but will not do so in such a way as to reduce any guarantees you are given under this Agreement.
- This Agreement is intended to contain your entire agreement with us relating to Surveys and Sites; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to them, except for any fraud or fraudulent representation by either of us.
- Variations and Notices
- ODR may make changes to Sites, Surveys and ODR Materials at any time.
- ODR may revise the terms of this Agreement from time to time and will post the new version of the Agreement on the relevant part of the Site(s), and the new version will take effect from the date we specify for that new version.
- All notices and other communications required or permitted to be given by ODR to Respondent under this Agreement will be deemed to be properly given on the date when:
- posted on the Sites; or
- sent by email to the email address for Respondent last recorded by ODR.
- Respondent may give notices to ODR under this Agreement by email to email@example.com.
- Where the Respondent has not participated in a survey for over 90 days,
ODR may declare any accumulated or offered Incentives due to you as null and void, and prevent you from receiving them.