1. Use of this Website and the Contract between Us
1.1 In this Agreement the terms “you” and “the member” mean the individual completing the registration process to become a member of the Valued Opinions Panel.
1.2 You agree to only use this website and/or the Application in accordance with this Agreement and all applicable laws.
1.3 The offer by Research Now to take part in surveys and research and your acceptance of that offer by providing the information that we request, brings into existence a legally binding contract between us.
1.4 Once you have submitted your answers to our joining questionnaire you become a member of the Valued Opinions Panel.
1.5 This Agreement is a contract for the provision of services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between the you and Research Now.
2. Obligations of Research Now
2.1 Research Now shall:
2.1.1 consider your eligibility to take part in each of its surveys;
2.1.3 inform you the amount that will be credited to your Valued Opinions Account (your "Account") if you correctly and completely answer the questions comprising a Valued Opinions survey ("the Notified Amount");
2.1.4 credit the relevant Notified Amount to your Account each time you correctly and completely answer all of the questions in a survey; for the purposes of this Agreement Research Now will not consider questions to be "correctly" answered if an answer is confusing or meaningless;
2.1.5 transfer the amount in your Account into your preferred form of reward (e.g. vouchers that can be redeemed with a particular company or in a particular shop) ("the Reward") within 30 days of you making an electronic request to Research Now via this website to purchase a Reward; for the avoidance of doubt you will not be able to purchase a Reward until the amount in your Account has reached at least AUD$20 ("the Reward Threshold") though some Rewards can only be purchased with amounts in excess of the Reward Threshold; and
2.1.6 send you or a beneficiary nominated by you, your Reward within thirty days of the purchase of the Reward.
2.2 There is no obligation on Research Now to select any panel member to answer survey questions. The members requested to take part in surveys depends on the requirements of the clients of Research Now and the random selection of those requested to take part from those that are eligible.
2.3 Research Now may sometimes contact you to ask you some short questions to see if you fit into a particular category. In such cases, Research Now shall not offer any payment for the answering of such questions.
2.4 Research Now reserves the right to:
2.4.1 offer a substitute reward of equivalent value to the payment method you have selected; and
2.4.2 change the value of the Notified Amount in respect of answering survey and research questions.
2.5 No cash alternative is available in respect of the payment of the Reward.
2.6 Research Now will not credit your Account if you are in breach of Clauses 3.1.4 or 3.1.5 below.
2.7 Should Research Now establish that you are in breach of Clauses 3.1.4 or 3.1.5 below after crediting your Account, Research Now may deduct from your Account any Notified Amounts credited in respect of all relevant surveys.
2.8 Research Now shall not be obliged to make any payment to a member:
2.8.1 whose balance in their Valued Opinions Account does not reach AUD$20;
2.8.2 whose balance in their Valued Opinions Account is under AUD$20 at the point that the Valued Opinions service is suspended or terminated by Research Now in accordance with Clause 4 below;
2.8.3 who does not respond to any survey requests within a twelve month period and whose balance has not reached the level of the Reward Threshold; for the avoidance of doubt should you not respond to any survey requests in a twelve month period at the end of that twelve month period the balance of your Account will be cleared and reset at zero; or
2.8.4 who terminates their membership of the Valued Opinions Panel prior to the balance of their Valued Opinions Account reaching the Reward Threshold.
3. Obligations of the member
3.1 The member warrants that they:
3.1.1 are 14 years old or over;
3.1.2 are resident in Australia;
3.1.3 shall not register with Valued Opinions more than once;
3.1.4 will not attempt to answer a survey more than once, either by using more than one name or more than one email address to enter into a survey; and
3.1.5 will be honest in their approach to the research, for example they will not provide confusing or meaningless answers.
3.2 Research Now has no obligation in respect of any tax due on the Reward given to a member and the member shall be responsible for declaring any income received from Research Now under this Agreement.
3.3 The member is obliged to claim payment from Research Now via the procedures set out on this website for the amount in their Account within three months of the amount in their Account reaching the Reward Threshold. Should the member fail to contact Research Now to claim their Reward within the time specified in this Clause 3.3 the member will not be entitled to the Reward and Research Now shall clear the member’s Account which will be reset to zero.
3.4 Should the amount in any member’s Account be greater than the Reward Threshold at the date on which the introduction of Clause 3.3 above is communicated to the member, the member shall have three months from the date of communication to notify Research Now that they are claiming a Reward. Should the member fail to contact Research Now to claim a Reward within the time specified in this Clause 3.4 the member will not be entitled to receive a Reward and Research Now shall clear the member’s Account which will be reset to zero.
4.1 Research Now may terminate this Agreement and your membership of the Valued Opinions Panel:
4.1.1 immediately on written notice if you are in breach of this Agreement;
4.1.2 at any time by giving you 30 days notice by email; or
4.1.3 if you fail to take part in surveys in any twelve month period.
4.2 You can terminate this Agreement at any time by unsubscribing from the Valued Opinions Panel, this can be done by email, telephone or in writing. The termination will take effect three business days after the receipt of your notice. Research Now's contact details are available from our website.
5. Intellectual Property Rights
5.1 All copyright and other intellectual property rights in the materials on this website or the Application are owned by Research Now unless otherwise indicated. You may download, print or copy any material from this website or the Application that you wish, provided it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices.
5.2 Subject to Clause 5.1 above, you may not copy, modify, alter, distribute, publish, sell or otherwise use any material on this website or the Application in whole or in part, unless you have obtained the prior written consent of Research Now.
6. Limitation on Liability
6.1 Research Now shall not be liable to you or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of this website or the Application, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, or inability to use, this website or the Application.
6.2 If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Research Now shall be limited to the greatest extent permitted by law.
6.3 Nothing in this Agreement shall exclude or limit the liability of Research Now for:
6.3.1 death or personal injury arising from its negligence; or
6.3.2 liability arising from fraud.
7. Disclaimer of Warranty
7.1 Separate terms and conditions may apply to certain products, services and materials available through this website or the Application. If this is the case this will be brought to your attention. Subject to this, no express or implied warranties of any kind are made in respect of this website or the Application or the products, services and materials available through it.
7.2 Research Now does not warrant that this website or the Application will operate uninterrupted or error/virus free or that the information on this website or the Application is accurate or complete.
8. Data Protection
9.1 From time to time we may add new features to this website and enhance the level of service that we offer to you. This may lead to changes in this Agreement. Any such changes will be notified to you by us updating this Agreement and your subsequent use of this website will be deemed to signify your acceptance to the changes.
10. Links to Other Companies or Organisations
10.1 The Research Now website provides web-links (and other contact details) to other websites that offer products, services and materials we think will be of interest to you. Some of these websites are operated in conjunction with other companies/organisations and some are operated solely by independent companies/organisations. Research Now accepts no liability for any products, services, materials or information contained on or available through linked websites or otherwise provided by any other company/organisation referred to on this website. No linked websites are covered by this Agreement, therefore, you should check what terms cover the use of these websites before using them.
10.2 You may only link to this website with our prior written permission. Research Now reserves the right to remove any links to its website that it deems are inappropriate without notice.
11. Entire Agreement
11.1 This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).
12. Jurisdiction and Law
12.1 This Agreement is governed by the laws of England.
12.2 The parties irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
This Agreement was last updated on: [24 May 2012].