TERMS AND CONDITIONS FOR ATTAPOLL USERS
ACCEPTANCE OF TERMS
No variance of them shall be considered valid unless agreed in writing. If you do not agree to or do not have the proper legal authority to enter into these Terms or any part thereof, please do not participate in the survey.
If this document is presented in any language other than English, this translation is provided solely as a courtesy. In all cases, the English version shall be decisive regarding any interpretation of the text.
"Survey" refers to the question(s) presented on the Survey App.
"You", "Yourself," "Your" and "Yours," refer to you as an individual being a Panelist.
"We", "Us" and "Our" refer to AttaPoll Ltd, a company registered in England and Wales
"Panel" refers to a collection of individuals who have 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 AttaPoll Ltd, the owner of the Panel Site and with whom You, in Your capacity as a Panelist, have entered into an agreement regarding Your membership in a Panel
"Survey Owner" refers to the owner of the Survey.
"Survey App" refers to the mobile application or 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 Survey App.
The Panel Owner will invite you to take part in Survey(s) via the Survey App. The Panel owner acts as a facilitator to the Survey Owner and manages the incentives to participate.
Survey Participation and Your Responsibilities
Your invitation to participate in a Survey is at our absolute discretion. As consideration for incentives, Your participation in a Survey, and use of a Survey App, 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. Your participation in a Survey and Your use of a Survey App 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 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).
In participating in the Survey or using the Survey App, You agree: (i) not to disrupt, interfere with the security of or otherwise abuse the service or the Survey App, or any services, system resources, accounts, servers or networks connected to or accessible through the Survey or Survey App or affiliated or linked sites; (ii) not to disrupt or interfere with any other user's enjoyment of the Survey or Survey App or affiliated or linked sites; (iii) not to upload, post or otherwise transmit through or while in the Survey or on the Survey App 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 App; (v) not to transmit through or on the Survey or the Survey App any spam, chain letters, junk email or any other type of unsolicited or mass e-mail; (vi) not to attempt to obtain unauthorized access to the Survey or the Survey App or parts of the Survey or Survey App which are restricted from general access and (vii) not to copy, decompile or otherwise reproduce any software, App or code created by the Panel Owner. In addition, You agree that You are solely responsible for actions and communications are 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 the Survey App.
You acknowledge and agree to the use of controls to verify correct use, enhance security and control quality and accuracy of the responses to Survey(s), including, without limitation:
Timing: 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.
Control Questions: A Survey may include the same or similar questions multiple times, or require that You choose a specific answer (so-called Control Questions), in order to ensure that You are being truthful and/or carefully reading all of the survey questions. If Your responses to such Control 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 your participation. In addition, Your membership may be terminated and Your account deleted.
Open 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 your participation. In addition, Your membership may be terminated and Your account deleted.
Location: A Survey may be intended to be completed by Panelists in a certain geographic location. If you misrepresent your location or attempt to provide a false location (using means such as, but not limited to, VPNs, proxy services, device emulators), You may not qualify for the survey and consequently may not receive any incentives for your participation. In addition, Your membership may be terminated and Your account deleted.
Your access to a Survey or a Survey App may, at any given time, be suspended 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 App in an unlawful manner or otherwise in a manner detrimental to Us, the Panel Owner, the Survey Owner or any other third party.
You may only participate in the Survey and use the Survey App in a manner that does not infringe the intellectual property rights of Us or any other. Unless otherwise stated, all materials, including, without limitation, all code, 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 App 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.
Policy on incentives program
To obtain incentives, You must successfully complete Your participation in a Survey. Successful completion of a Survey will be determined at the sole discretion of the Survey Owner. No purchase is necessary. The incentives may vary from Survey to Survey and are displayed in the Survey App prior to entering the survey. Other incentives to participate or rewards promised within the Survey, or elsewhere are not made by Us and We will not be responsible for fulfilling them. Withdrawal of the monetary value of the incentives is subject to a minimum limit dependent on the payment method. These limits are specified in the mobile application and can change from time to time. We, at our sole discretion, may process the withdrawal of the monetary value of the incentives if they are below the minimum limit for the specific payment method. We reserve the right to levy a processing fee of 3 British Pounds Sterling (GBP) on any discretionary withdrawal that is below the minimum limit for the payment method. In the event that You have not responded to a Survey for a period of six (6) months Your incentives may be forfeited, Your membership terminated and Your account deleted. Please note that You are responsible for any taxes or duties which may result from incentives issued or redeemed. We will not be liable or responsible in any manner for any tax consequences or duties which may result from incentives issued or redeemed. Your participation in a Survey may be suspended, altered, or terminated, and any incentives earned may be canceled or suspended, 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 App 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 App 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 App, services provided therein, or the accuracy, reliability, or content of any information, or services provided through a Survey or a Survey App, 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 and shall survive a fundamental breach or breaches or the failure of the essential purpose of the 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 App 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 Survey App
The Content of the Survey App may be subject to change, restriction, or termination without any notice to You.
Severability and Assignment
Should any part of this agreement be judged invalid or unenforceable, then such part will be struck out and the remaining parts will remain in force.
You may not assign these Terms without Our prior written consent, which may be withheld at Our sole discretion. You agree that We may assign these Terms at any time without notice to you.
Law and Jurisdiction
This agreement is formed and governed under the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.