RESEARCH NOW TERMS OF WEBSITE USE

Research Now Ltd, company number 03975073, whose registered office is at 160 Queen Victoria Street, London, EC4V 4BF, United Kingdom ("Research Now") owns and operates this website. If you do not agree with these terms of website use ("the Agreement") and the Research Now Privacy Policy, please do not use this website.

1    Your 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 panel member (“Panel Member”).

1.2    You agree to only use this website in accordance with this Agreement and all applicable laws.

1.3    Your voluntary registration on this website creates a binding contract between us.

1.4    Once you register on this website, you become a Panel Member.

1.5    This Agreement is a contract for the provision of services, and nothing in this Agreement creates or is deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between 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;
2.1.2    if you answer a qualifying survey, enter you into any applicable contest;
2.1.3    inform you of the points (“Points”) that will be credited to your Panel Member account (your "Account") if you correctly and completely answer the questions comprising a survey ("the Notified Points");
2.1.4    credit the relevant Notified Points to your Account each time you completely answer all of the questions in a survey; for the purposes of this Agreement, Research Now will not consider questions to be "completely" answered if an answer is confusing or meaningless; and
2.1.5    redeem the Points in your Account for your preferred form of reward (e.g. vouchers that can be redeemed with a particular company, or a donation to a charity) ("the Reward") within 30 days of an electronic request submitted by you to Research Now via this website to redeem a Reward; for clarity, you will not be able to redeem a Reward until the amount in your Account has reached at least 1000 Points ("the Reward Threshold") though some Rewards can only be purchased with amounts in excess of the Reward Threshold.

2.2    There is no obligation on Research Now to select any Panel Member to answer survey questions. The Panel Members invited to take part in each survey 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 Points for answering such questions, though if you respond, you may be eligible to participate in a contest (contest details and eligibility will be included with the short questions provided to you).

2.4    Research Now reserves the right to:
2.4.1    offer a substitute Reward of equivalent value to the Reward you have selected; and
2.4.2    change the value of the Notified Points in respect of answering survey and research questions.

2.5    No cash alternative is available in respect of the Reward.

2.6    Research Now will not credit Points to your Account if a Panel Member is in breach of Clauses 3.1.4 or 3.1.5 below.
2.6.1  Should a Panel Member not respond to any survey requests in a twelve month period at the end of that twelve month period, the Points in your Account will be cleared and reset to zero.

2.7    Should Research Now establish that you are in breach of Clauses 3.1.4 or 3.1.5 below after crediting the Notified Points to your Account, Research Now may deduct the Notified Points from your Account in respect of all relevant surveys.

2.8    Research Now shall not be obliged to redeem any Reward for a Panel Member:
2.8.1    whose balance in their Account does not reach 1000 Points;
2.8.2    whose balance in their Account is under 1000 Points at the time that the website 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 Account balance has not reached the level of the Reward Threshold; or
2.8.4    who terminates their membership as a Panel Member prior to the balance of their Account reaching the Reward Threshold.

3    Obligations of the member
3.1    The Panel Member warrants that they:
3.1.1    are 14 years old or over;
3.1.2    are a legal resident of Canada;
3.1.3    have not registered with Research Now 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 surveys, 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, and paying any applicable tax thereon.

3.3    The Panel Member is obliged to redeem any eligible Rewards from Research Now via the procedures set out on this website in respect of the Points in their Account within twelve months of the Points balance in their Account reaching the Reward Threshold.  Should the Panel Member fail to redeem their Reward within the time specified in this Clause 3.3, the Panel Member will forfeit the Points in their Account, and Research Now shall clear the Panel Member’s Account, which will be reset to zero.

4    Termination

4.1    Research Now may terminate this Agreement and your registration on this website:
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 requesting that your Account be deleted, and 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 below.

5    Intellectual Property Rights

5.1    All copyright, trademark and other intellectual property rights in the materials on this website are owned by Research Now unless otherwise indicated. You may download, print or copy any material from this website 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 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, 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.

6.2    If the limitation of liability provision in Clause 6.1 is 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   THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RESEARCH NOW DISCLAIMS ALL WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

7    Indemnification

7.1   You agree to defend, indemnify, and hold harmless Research Now, its officers, directors, employees, agents, and licensors from and against losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), alleging or resulting from (a) any content you (or anyone acting under any password or username that may be issued to you) submit, post, transmit or make available on the Web Site and/or (b) your (or anyone acting under any password or username that may be issued to you) use of this Web Site, connection thereto, or any alleged violation by you of these Terms and Conditions. Research Now shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

8    Disclaimer of Warranty

8.1    Separate terms and conditions may apply to certain products, services and materials available through this website. 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 products, services and materials available through it.

8.2    Research Now does not warrant that this website will operate uninterrupted or error/virus free or that the information on this website is accurate or complete.

9    Privacy and Personal Information

9.1    Any personal information you submit to Research Now will be dealt with in accordance with our Website Privacy Statement.

10    Changes to the Terms of Use Policy

10.1    From time to time we may change the features available through this website. 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.  The revised Terms of Use will be posted on this website, and we will notify you of the change by posting a notice of such change on the front page of the website.

11    Links to Other Companies or Organizations

11.1    This 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/organizations and some are operated solely by independent companies/organizations. 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/organization 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.

11.2    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.

12    Entire agreement

12.1    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).

13    Jurisdiction and Law

13.1    This Agreement is governed by the laws in effect in the Province of Ontario.

13.2    The parties irrevocably agree that the courts in Ontario, and the Federal Courts therein, 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 Ontario courts, and the Federal Courts therein.


14    Contact Details

14.1     If you have any questions about Web Perspectives / Research Now or our Website Privacy Statement, please contact us at the following address:

Jennifer White, Research Manager
Web Perspectives / Research Now
3080 Yonge Street, Suite 2000
Toronto, Ontario
M4N 3N1

This Agreement was last updated on: January 22, 2009.