Terms & Conditions - SurveyOasis South Africa

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Terms and conditions
Definitions

When used in these Terms, the following terms and expressions shall have the following meanings.

“Active Panelist” refers to a Panel Member that has: (a) participated in a Survey, (b) other Research Program; or (c) other parts of the Service, at least, once over the last twelve (12) months; or (d) updated his/her profile or member information at least once in the last twelve (12) months.
“Market Research Tracking Service” refers to a Service accepted by a User that may track online behavior of such User, such as websites accessed by the User and online campaigns exposed to the User for market research purposes, including advertising tracking research.
“Applicable Law” refers to applicable national and/or local laws and regulations.
“Client” or “Researcher” refers to Our clients or Partner clients to whom We provide services.
“Content” refers to the information on Our Site, a Survey Site, a Panel Site or a Partner Site.
“Panel” refers to a group of individuals who have agreed to be invited to and participate in market research Surveys, other Research Programs or other parts of the Services for market research.
“Panel Member” or “Panelist” refers to a member of a Panel.
“Panel Site” refers to this website where individuals can register to become Panel Members.
“Partner” refers to one of Our partners.
“Partner Site” refers to a website that is operated by one of our Partners.
“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified or traced, directly or indirectly, in particular by reference to an identifier either alone or when combined with other personal or identifying information. Personal Data can include information such as name, social security number, date and place of birth, mother‘s maiden name, biometric records, photographs, sound or video recording, and other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. (NOTE: Personal Data may also be referred to as Personally Identifiable Information or PII.)
“Restricted Content” refers to confidential and/or proprietary information, materials, products, and Content belonging to Us and/or a Survey Owner, a Client, a Partner and/or a licensor.
“Service” refers to the service provided by Us that permits You, as a Panel Member or a Participant, to participate in (a) a Panel or a Survey, (b) other research program, or (c) any other service provided by Us and used by You, such as a Market Research Tracking Service.
“Submissions” refers to all comments, feedback, suggestions, ideas and other information that You submit or We collect when You participate in a Panel, respond to a Survey or other Research Program or use a Service.
“Survey Owner” refers to the owner of a Survey, which typically is a Client.
“Survey Site” refers to the website where You respond to and complete a Survey.
“Surveys” refers to market research surveys made available by Us to You.
“Third Party Websites” refers to websites maintained and/or operated by third parties.
“User” refers to You as an individual when You use the Service.
“User Content” refers to all content, materials, information, and comments You use, upload, post or submit or We collect when You use the Service, including information received through Ad Tracking Service, such as Internet usage pattern data.
“We“, “Us“, “Our”, “The Company” and “SurveyOasis” refer to Acentric Marketing Research (Pty) LTD trading as SurveyOasis.
CINT AB refers to the Swedish entity Cint AB reg. no. 556559-8769.
“You“, “Yourself“, “Your” and “Yours” refer to you as an individual.

Agreement

By registering with SurveyOasis or using any of the services available through this website, or sent to you from the SurveyOasis email address, you agree to be bound by the following terms and conditions which forms the basis of an agreement between you and SurveyOasis.

1.    The act of registering - also referred to as "joining" - through this website will confer on you the designation of panelist, and as a panelist you may be referred to as "you", "panelist", "member" or "panel member". 2.    You will not be charged for joining as a panelist. 3.    SurveyOasis reserves the right to remove panel members at any time and at the discretion of the owners and/or management of SurveyOasis. Removal may also be referred to as termination, banning, cancellation or deregistration which would consequently mean one or more of the following: That you are unable to login; you would not receive further invitations to participate in surveys or other research; you would not be allowed to participate in any other activities as a member. Information you have provided may however be stored for purposes of evidence and reference. Reasons for removal may include, but are not limited to: fraud; deception; dishonest responses; misrepresentation of identity or location; emails or other communications containing profanity, rudeness, harrassing or impolite tone; spam; or vexatious communication. 4.    If prizes are offered; winners of prizes are selected using a random process - no discussion will be entered into regarding the allocation of prizes or rewards unless SurveyOasis deems this appropriate. At times discretionary prizes or awards may be allocated without a random process. 5.    You agree that your name may be made public in the event that you are selected in a prize draw.  6.    By registering you agree to answer questions truthfully and to provide accurate information. You also agree to not misrepresent your identity or to provide false information when communicating with SurveyOasis. The information you provide may at any time be subject to verification mechanisms as part of our own quality assurance processes. Our partners and customers may also implement quality assurance processes or protocols. You further agree to provide proof in support of the information you have provided upon request. You further agree that the directors or authorised representatives of SurveyOasis will be solely responsible for determining whether or not such proof is considered reasonable. Failure to adhere to the conditions stipulated in this clause will result in your removal from the panel, and the loss of all rewards accumulated. Rewards may also be referred to as incentives. 7.    You may only have one registration and you agree that more than one registration would be deemed fraudulent and would lead to the termination of your membership and the loss of all rewards or prizes accumulated. Rewards may also be referred to as incentives. 8.    Non-Use and Nondisclosure. Information and content made available to you may contain trade secrets or other confidential or proprietary information. You must not disclose to any other person any information and content that you access or learn in connection with your participation in any survey. You must not use any such information or survey content for any purpose other than your participation in the survey. You agree to notify SurveyOasis of any violations. 9.    Copyright and trademarks.  All survey content, along with all the contents of this site belong to SurveyOasis. 10.  You may not charge any other party fees for informing them of the existence of this panel. 11.  You will indemnify and hold harmless SurveyOasis and all other providers who assist in panel operation against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable legal fees) arising out of or related to any user content, your use of the services or any content, your violation of this agreement, or your violation of any rights of a third party. 12.  You acknowledge that SurveyOasis may provide links in surveys to third parties and that you will not hold SurveyOasis liable for the content held by third parties. You will use such content at your own risk. 13.  We reserve the right to change the payment mechanism and payout minimums, as well as the time to payment for surveys completed without notice. 14.  You acknowledge that you will adhere to the rules surrounding the payment mechanism in use and have read the providers terms & conditions surrounding the use thereof. You will not hold SurveyOasis, its shareholders, directors, employees or its agents liable for any failures in the payment mechanism. 15.  You acknowledge, that while we will pay you the full amount, the payment systems we use may not pay out the exact amount in cash or other forms of incentive or rewards. 16.  You agree that SurveyOasis, its agents and/or alliance partners cannot be held liable for failures in our systems, whether human, software or hardware; nor for any consequential damages or losses that you may incur. Such failure may include, but is not limited to, hacking, malware or viruses. 17.  You agree that SurveyOasis, its agents and/or alliance partners cannot be held liable for failure of your own software/hardware, or general internet services; nor for any consequential damages or losses that you may incur. 18.  You acknowledge that while reasonable care is taken by SurveyOasis in the administration of all personal details, no liability will be accepted for accidental exposure or release of data. 19.  While clients conducting surveys have access to your personal profile information, they do not have access to your name and contact details, nor is your name or contact details linked to any demographics or other profile data - unless you voluntarily provide this information to them in a survey. You will not hold SurveyOasis and Cint AB liable for deviations from this practice. 20.  You acknowledge that while Cint AB manages the panel under contract on behalf of SurveyOasis and adheres to the Swedish Personal Data Act (1998:204) and GDPR you will not hold SurveyOasis or Cint AB liable for violations, whether due to system failure, human error, negligence, hacking or other breeches. 21.  Rewards that you accumulate will be valid for 24 months, not withstanding clauses 3, 6 and 23, after which date you will no longer be able to request that rewards or cash are paid out. You further acknowledge that CINT AB of Sweden is ultimately responsible for reward payments for any surveys conducted by CINT AB, its partners or clients on the SurveyOasis panel. You will indemnify and hold harmless SurveyOasis against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable legal fees) arising out of or related to non-payment of incentives. 22.  Reward payment requests may be processed on an occasional basis in batches. In order to be included in a payment batch, you are required to have logged in and requested a withdrawal in advance (assuming you have exceeded the minimum redemption threshold, as indicated by the system). No guarantees are provided in terms of the time taken to process or deliver a payment. 23.  After a period of inactivity, CINT AB may in its discretion terminate your membership and delete your account without notice. In general, in cases where terminations are due to inactivity, outstanding rewards are governed by CINT AB’s terms and conditions. As a condition of membership, you hereby waive and release any and all claims against SurveyOasis and Cint AB arising from or related to membership termination or rewards expiration. Rewards may also be referred to as incentives. 24.  Voluntary deregistration will result in a loss of all rewards and or prizes accumulated. You will indemnify and hold harmless SurveyOasis and Cint AB against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable legal fees) arising out of or related to non-payment of rewards or prizes. 25.  Once you have been notified by email, or any other means, that a payment has been processed, you acknowledge that a time limit of 1 month applies during which you must withdraw rewards or cash after which you give up all rights to any rewards or cash. 26.  You acknowledge that Cint AB provides the systems used to operate and manage this panel, as well as the systems used to determine incentive payments to panelists. You will indemnify and hold harmless SurveyOasis against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable legal fees) arising out of or related to the operation of the panel's systems and incentive payment determination mechanisms. 27.  While every attempt is made to send each panelist survey invitations frequently up to the desired frequency, due to various factors, a given panel member may not receive as many invitations to participate in surveys as they would like. Note that SurveyOasis and Cint AB are under no obligation to offer any specific or minimum number of survey invitations whatsoever. 28.  Changes. All information posted by SurveyOasis on the SurveyOasis website is subject to change without notice. This includes all aspects regarding the SurveyOasis panel, including, but not limited to details about the money redemption threshold and cash values as well as payment terms. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the website and those who are affected by its terms are required to check website contents regularly to monitor changes. 29.  In order to make payments to you using third party systems, it may be necessary to provide basic information to the third party; such as your name, email and cell phone number. You acknowledge and consent to this. 30.  You consent to tracking of your use of the internet, such as websites accessed and online campaigns exposed to. This may be via cookies or other means. 31.  Severability. The terms of the contract are independent of each another, so that if a term in the contract is deemed unenforceable by a court, the contract as a whole will not be deemed unenforceable. 32.  You consent to the jurisdiction of the Pretoria Magistrates Court for any dispute that may arise out of these Terms and Conditions in relation to SurveyOasis. 33.  You agree that communication in relation to surveys and other general queries related to the panel will be conducted through the email indicated in invitations or listed under contacts on this website. 34.  You consent to personal data being stored in countries outside of South Africa. These countries may include, but are not limited to: Sweden, United Kingdom and the United States. 35.  You consent to our partners communicating with you in relation to the services of this panel.



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