TNS EAP TERMS AND CONDITIONS
1) Effective Date: 20 December 2007
2) Last Revised: 20 December 2007
Taylor Nelson Sofres © European Access Panel BV ("TNS EAP"), company number 34216053, whose registered office is at Grote Bickersstraat 74, 1013 KS Amsterdam, The Netherlands owns and operates this website.
These Terms and Conditions govern your membership of the Great Britain TNS EAP Consumer Panel. You should also read the
Privacy Policy and TNS EAP
Official Rewards Rules, all of which form part of this agreement.
The offer by TNS EAP 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 contact between us.
These Terms and Conditions are a contract for the provision of services and nothing in these Terms and Conditions 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 you and TNS EAP.
- Membership of the panel
- Your details
- Use of the website
- Termination
- Communication
- Indemnification
- Severability
- Data protection
- Jurisdiction
1. Membership of the panel
- The panel is run by TNS EAP. TNS EAP can be contacted by emailing Emma Morrison.
- Membership of the Great Britain panel is open only to residents of Great Britain (England, Scotland and Wales) who are 16 years of age or over.
Once you have submitted your answers to both our joining questionnaires you become a member of the MySurvey panel.
Employees of TNS EAP, its parent company, subsidiaries and affiliates and suppliers connected in any way to the operation of TNS EAP's Website and their immediate family are not eligible to participate in any surveys. Exceptionally, members' children may participate in surveys and prize draws, with their parent or guardian's consent, under their parent or guardian's supervision and through their parent's account.
- Membership to the panel is free. Participation in surveys is always voluntary. See Termination section below for more details on TNS EAP termination and opt-out policy.
- Membership is not transferable.
- You may only join the panel once. TNS EAP only accepts one membership per household. TNS EAP reserves the right to refuse any membership applications.
- Membership of the panel entitles you to various incentives, including but not restricted to prize draws and the Mysurvey.com Points Program. You are referred to the TNS EAP Official Rewards Rules .in this respect. Additional terms and conditions may also apply to these incentives and you should monitor the Website from time to time for details. Details of rewards may also be emailed directly to you.
- TNS EAP shall not be liable for any losses, costs or expenses, howsoever caused, arising out of your membership of the panel (including indirect, consequential or incidental losses or damages).
>> Top
2. Your details
- You will be responsible for ensuring that any and all details (including your email address) held about you by TNS EAP are kept up to date and are correct.
- You undertake that all information you give as a panellist will be true and accurate, and will not be false or misleading.
- You will be asked to provide a personal email address and a password in order to register with the panel. You must not disclose your password to anyone else, and you are responsible for keeping it safe. TNS EAP will not be liable for any unauthorised use of your account, which includes unauthorised use of your email address and password.
- By submitting your application to become a member of the panel, you consent to TNS EAP holding, storing and processing your personal data. You are referred to TNS EAP's Privacy Policy , in this respect, which forms part of these Membership Terms and Conditions.
>> Top
3. Use of the website
These Terms and Conditions govern your use of this website ("the Website"). By using or accessing the Website, you agree to be bound by these provisions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
- The Website in maintained by TNS EAP and is hosted in the United States of America. All data and information related to the Website will be held there.
- The panel, the Points Program and the information, products and services found on the Website are subject to change at any time, without notice or liability.
- You may access and use this site solely pursuant to these Terms and Conditions for your personal, non-commercial use. Any use other than as stated herein is strictly prohibited.
- You may access the Website anonymously as a visitor, and will not be required to provide personal information. However, in order to login on the Website, you will be required to register as a member of the panel.
- Unauthorized Use of the Website:
- You may not use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute content available on the Website or to manipulate the results of any activity on the website including, but not limited to, poll, surveys, prize draws.
- You may not take any action to interfere with the Website or any other user's use of the website, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" the Website.
- You may not send unsolicited email, including rewards and/or advertising of products or services, through the Website or forge or mask your true identity in any email or posting.
- You may not frame portions of the Website within another website, alter the appearance of the Website or establish links from any other website to any page of the Website other than the home page.
- You are prohibited from posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any law. TNS EAP will fully cooperate with any law enforcement authorities or court order, within the limits of any applicable law, requesting or directing TNS EAP to disclose the identity of anyone posting any such information or materials.
- Intellectual property
All pages & content within this Website & related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorized for use by, TNS EAP and its licensors, business partners & affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit or distribute in any way content available on this site & related surveys without the prior written consent of TNS EAP.
- Links to third party companies or organizations
TNS EAP Website may contain
- Links to other websites not maintained by TNS EAP or
- Information about products or services of third parties.
TNS EAP does not independently verify the business practices of these third parties & makes no warranties on their behalf.
The availability of any link or reference of any third party shall in no way constitute an endorsement by TNS EAP of such third party.
We encourage you when you leave our Website to read the terms and conditions of each & every website that you visit.
The information contained on this Website is for informational purposes only. The views & opinions expressed on this Website are not necessarily those of TNS EAP.
Any software that may be downloaded from a website operated by a third party is the responsibility of that third party. TNS EAP accepts no liability for any loss or damage caused by viruses or otherwise arising as a result of you downloading such software.
- Changes
All information posted on this Website is subject to change without notice and without liability.
TNS EAP also reserves the right to change, add or remove terms from these Terms and Conditions with prior reasonable notice to members. TNS EAP shall post any changes on the Website. You should check this page for such changes frequently. Your continued access of the Website and participation in surveys after such changes conclusively demonstrates your acceptance of those changes.
- TNS EAP does not warrant that this Website will operate uninterrupted or error/virus free or that the information on this website is accurate or complete.
>> Top
4. Termination
- TNS EAP may terminate your membership immediately by notifying you by email if one of the following events occurs:
- You breach any of these Terms and Conditions (including any terms found in the Privacy Policy and TNS EAP Official Rewards Rules); or
- You misuse your membership of the panel or use it for any improper purpose; or
- TNS EAP's right to process and use information which is necessary to run the panel is legally withdrawn, by law or otherwise; or
- You have not accessed the website for a period of six months or more or you have not answered to our last 10 invitations.
- TNS EAP may also terminate your membership on 30 days notice by email, without specifying a reason.
- By becoming a TNS EAP panel member, you agree to receive emails inviting you to participate in surveys that we feel may match your experience and background. We may also send you e-mail newsletters. Participation in surveys is always optional.
You may terminate your membership of the panel on 30 days notice by sending an email with the subject line "Terminate my membership" to TNS EAP panel manager, Emma Morrison.
- If your membership of the panel is terminated, for whatever reason, all of your entries into the Points Program, prize draws or any other incentive programs run by TNS EAP will also be removed. You are referred to the TNS EAP Official Rewards Rules for more details in this respect.
>> Top
5. Communication
- Any communication or material you send to TNS EAP, except your personal information including questions, comments, panel responses and suggestions shall be treated as non confidential and non proprietary.
- Except to the extent that it is covered by the Privacy Policy, any such information may be used by TNS EAP for any purpose including reproduction and publication.
- You expressly authorize TNS EAP to use any ideas, concepts, know-how or techniques contained in any communication for any purpose without compensation.
- Any communication or notices to be given under these Terms and Conditions shall be by email.
- Communications and notices under these Terms and Conditions shall be effective and deemed delivered immediately if sent by email to the last known email address of the other party.
- You may contact TNS EAP by emailing Emma Morrison.
>> Top
6. Indemnification
-
You agree to indemnify, defend & hold non-culpable TNS EAP, its employees, directors, officers, agents & representatives from & against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expenses, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
>> Top
7. Severability
-
If any part of these Terms & Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms & Conditions.
>> Top
8. Data protection
-
Any personal information you submit to TNS EAP will be dealt with in accordance with our Privacy Policy.
>> Top
9. Jurisdiction
- Save where these Terms and Conditions have been varied by TNS EAP in writing, these Terms and Conditions, the Privacy Policy and the TNS EAP Official Rewards Rules constitute the entire agreement between you and TNS EAP regarding membership of the panel.
- These Terms and Conditions shall be governed by and construed in accordance with Dutch law.
- The parties irrevocably agree to submit to the exclusive jurisdiction of the courts in Amsterdam, the Netherlands in relation to any claim or matter arising under or in connection with these Terms and Conditions.
>> Top