Thank you for choosing iResearch for your online insights and focus groups!
iResearch, Inc., its directors, employees, agents, representatives, associates and such other persons shall hereafter be referred to as Us, We, Ourselves, the Website. Any person or entity using this Website or availing any of the Services provided therein shall be referred to as You, Your, Yourself, User. Both the Website and the User may collectively be referred to as the Parties and individually as Party.
The Website shall provide Users with the abilty to create and conduct online focus groups.
- "Confidential Information" shall mean any trade secret or other information which is deemed confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by either Party) and which belongs to any associates or representatives of either Party (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the proprietary information relating to the development, utility, operation, general or specific data, functionality, performance, cost, know-how, details of present and proposed businesses, formulas, ideas, strategies, techniques, policy, data related to employees, present or proposed vendors/customers, information regarding research and development, unpublished financial statements, budgets and other financial details, computer programming techniques, methodologies and related technical information, business or marketing plans, forecasts, licenses, prices or lists, quotes, bids, controls, operating procedures, organisation responsibilities, marketing matters and any policies or procedures, software programs and files, operating manuals, user manuals documentatio n, source code and any and all information pertaining to the either Parties application or software of any of its associates or representatives
- “Disclosing Party” shall mean the person disclosing any Confidential Information.
- “Focus Group” shall mean a group consisting of Moderators, Respondents and Clients to discuss, test and/or provide opinions for the User’s products and/or services.
- “Intellectual Property” shall mean Collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and Confidential Information; and (v) internet domain names, internet and world wide web URLS or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
- “Moderator” shall mean such person, as appointed by the User, for the purpose of creating and conducting focus groups with Respondent and Client participants, as well as to act as the key point of contact between Respondents and Clients.
- “Respondent” shall mean such person or persons forming a part of the User’s Focus Group, regardless of whether such person has been selected by the Moderator or Client.
- “Client” shall mean such person or persons forming a part of the User’s Focus Group that has an interest in the focus group being conducted, regardless of whether such person has been selected by the Moderator or Client.
- “Respondent Data” shall mean all such information with regard to the Respondent including but not limited to such person’s name, age, gender, e-mail and other such information, whether provided by the Moderator or Client.
- “Services” shall mean Focus Group related services provided on iResearch provided as per the User’s request and subscription.
CONDITIONS OF USE
- Age Restriction. All Services offered on the Website are for lawful considerations only. We expressly prohibit any and all use of this Website or any of its Services for any purpose that may or shall contravene any law in force for the time being. The Services provided are only for those individuals who have attained the age of 18 years and above. Any individual below the age of 18 years may access the Website only under the supervision of their parent or guardian. By accessing the Website or any of its Services you hereby agree that you have attained the age of 18 years or that you are accessing the Website and its Services under the guidance of a guardian. We do not assume any liability with regard to the use of the Website or its Services by any individual below the above specified age.
- Restrictions on Use. You are restricted from posting, publishing or transmitting any content that may be considered as harmful, obscene, vulgar, pornographic, threatening, discriminating, abusive, defamatory, libellous, fraudulent or otherwise unlawful. You are hereby further restricted from creating or transmitting any malicious content including but not limited to any viruses, Trojans, logic bombs, time bombs, Trojans, malware, keystroke loggers or other similar executable files that affects, alters or attempts to alter the normal functionality of the Website or any of the Services. The features and content present on the Website are that which belong solely to us or which has been duly obtained. You are also prohibited from tampering, altering or attempting to tamper with or alter the same. Neither shall Users interfere with any other person’s or entity’s use or enjoyment of the Website and its Services.
- Acceptable Use of Accounts. The User Accounts shall be used in accordane with the policies prescribed by iResearch Inc. only for the purposes of availing Services. Accounts of Users found harassing, stalking, impersonating any other person or entity or otherwise indulging in any fraudulent activity shall be terminated without any prior notice and the violating User shall be restricted from further accessing the Website. Neither shall you provide any inaccurate information at the time of registration, collect and store any other User information for any reason, breach or attempt to breach the security of the Website or use the mailing services to spam or flood the mail of other members.
- Necessary Permissions. You are requested to ensure that you have all necessary title, license and approvals over any content or material provided, published, uploaded or otherwise transmitted by you. Any liability arising due to such content or material violating any third party confidentiality obligations or infringing the Intellectual Property or proprietary rights of any third party shall be borne solely by the violating User. Users are also expressly prohibited from modifying, duplicating, distributing, selling or offering for sale the whole or any part of the Website or its Services.
- Focus Groups. We provide Users with the ability to create and conduct focus group research for their products and services. Users will recruit and provide their own Respondent Data. We shall not be responsible for any opinions or views expressed by the Moderator, Respondent, or Client and the same shall not be construed as that which is endorsed or supported by us in any manner.
- Chat Rooms. You are requested to limit all communications to the chat rooms set-up for this purpose. Moderators may communicate with Respondents and Clients in their designated chat rooms as created by the User. The Moderator or Client , based on the rules of the focus group set up, shall have the final decision over all matters arising in the chat rooms.
- Respondents. Where applicable, certain provisions of these Terms shall be binding on the Respondents and Moderators along with any other rules or limitations set by us. The Respondents shall ensure that all communications with the User and the Moderator shall take place only in the designated chat rooms. They shall also refrain from disclosing or using the results of the Focus Groups for their own benefit or for the benefit of any other person or entity. The Respondents shall conduct themselves in the relevant Focus Groups in an honest and professional manner. The Respondents must further ensure that the results they provide are true, accurate and complete to the best of their abilities.
- Fees. We will provide you with Focus Groups upon payment of the subscription for your selected plan as specified on iResearch. All fees paid are non-refundable, except as provided in these terms or when required by law. Fees outlined on the Website are subject to change without any prior notice and it shall be the responsibility of the Users to keep themselves updated with the same. Current subscribers will be given advance notice of fee changes based on their current subscription term and plan.
- Free and Limited Services. We may at times provide certain of our Services at no charge at all. However the features of such Services may be limited and you may have to make additional payments to avail the entire set of features. Any exploitation of the free Services other than for the purposes specified here may result in the cancellation of such Services.
- Incentive Payments. User shall be responsible for all incentive payments with regard to the Respondents.
- Commencement of Focus Groups. The Focus Groups may start their functioning only once you have completed all necessary payments. Only registered Users may make payments, any unregistered User wishing to avail the Services must register himself/herself on the Website
- Refunds. We do not offer any refunds or discounts on the prices mentioned. Neither shall the Website provide any refunds or discounts in the event the Focus Group relate Service availed delivers an undesirable result.
- Account Creation. We provide our Services only to registered Users. All Users are requested to create a personal account before they avail the Services. You are requested to provide true and accurate information at the time of registration. You must also ensure to update any outdated, inaccurate or incorrect information present on your account. You may also be required to fill out certain surveys and questionnaires so as to enable us to create a user profile for you. We shall not levy any charges for registration and account creation. You are hereby are expressly restricted from accessing or attempting to access the accounts of any other User. We may terminate the accounts any User found violating this provision and shall take steps to prevent such User from further accessing the Website.
- Reporting. Should you suspect that the security of your account has been compromised, you are directed to report the same to us within 48 hours from discovering or suspecting such breach.
- Account Security. You shall be solely responsible for maintaining the security and integrity of your account. We advise all of our Users to use strong passwords as well as to refrain from disclosing any account information to third parties. Any and all content posted, published or transmitted from any User account (User Content) shall be deemed to have been posted, published or transmitted with the knowledge and consent of such User. We assume no responsibility over any content posted, published or otherwise transmitted by any User.
TERM AND TERMINATION
- Term. The provisions of these Terms shall continue in full force and effect for the entirety of your use of the Services.
- Termination. Either Party may terminate the Services by providing a notice to the other. On the termination of the Services, neither Party shall be entitled to any further benefits accruing under these Terms. You shall not be entitled to any refunds should you choose to terminate these Terms on the completion of all necessary payments.
- Grounds for Termination. We may, terminate the Services being rendered to you if we are of the opinion that you are in breach of any of the provisions of the Website or has provided us with false or misleading information or in the event that you misrepresent yourself.
- Effect of Termination. Should you terminate any of the Services being provided to you before its completion, you will not be entitled to any of the results or other information provided by the Focus Group. You shall be further required to refrain from using any information whatsoever, as provided by the Focus Group.
- Payment on Termination. Any and all amounts due and payable shall be paid within 5 days from the date of termination. The Website may, in its sole discretion, impose an interest charge at the rate of 18% per annum on all amounts due and payable to it.
- Continued Use. The Website reserves the right to seek or initiate appropriate legal action in the event that any User continues to make use of any Focus Group data or results on the termination of these Terms.
LINKING AND ADVERTISING
- Links. The Website does not permit Users to create any links to or from the Website, unless with the express consent of the Website in writing. Users shall be solely responsible for the content on any links created by them. The views, ideas, opinions and other such content present on any site to which the Website has been linked to shall not be construed as that supported or endorsed by the Website. Any links created without the consent of the Website shall be deemed to have been created without the knowledge of the Website and the Website shall not be responsible for any loss or damage caused due to such linking.
- Safety. The Website advises all its users to exercise appropriate caution while following any links or advertisements present on the Website. The Website does not guarantee the safety or accuracy of any content present on any site to which the Website has been linked to
- Confidentiality Obligations. The Users and other parties agreeing to these Terms are strictly prohibited from disclosing, using or otherwise revealing any Confidential Information it may have received during the course of these Terms. We do not sell, divulge, trade, reveal or disclose any of your information and you are expected to do the same manner in all your dealing with our Confidential Information. You are also restricted from using for your own benefit or for the benefit of any other person or from disclosing, publishing or transmitting any Confidential Information disclosed to you during the course of these Terms.
- Return of Confidential Information. On the expiry or termination of these Terms, each Party shall return any and all Confidential Information disclosed to it by the other Party. In the event of any information being stored electronically, the same shall be destroyed and a certificate shall be issued to that effect at the option of the Disclosing Party.
- Respondent and Moderator Information. Under no circumstance shall you disclose Confidential Information pertaining to any Respondent or Moderators, whether or not such Respondent is a member of your Focus Group. You shall treat all Respondent’s, Moderator’s and Website’s Confidential Information with the same degree of care employed over its own Confidential Information.
- Duty of Respondents and Moderators. The Respondents and Moderators shall refrain from using for their own benefit or for the benefit of any other person or entity as well as from disclosing any Confidential Information it may have received to any third party.
- Exceptions. However, neither Party shall be liable for any breach of Confidential Information if such information was
- (a) Known to the Party prior to entering into these Terms
- (b) Disclosed due to no fault of either Party;
- (c) Disclosed in compliance with any law for the time being in force;
- (d) Disclosed in compliance with any order or direction from any court or governmental authority
- Violation of Confidentiality Obligations. Any unauthorised disclosure or violation of your confidentiality obligations may result in the immediate termination of these Terms. We reserve the right to seek appropriate legal action in the event of any breach of the Confidentiality obligations by you.
- Reporting. Should you notice or identify any breach or alleged breach of any Confidential Information you are requested to immediately notify us of the same. We shall take all reasonable measures to prevent any further breach of any Confidential Information.
- Rights of Disclosing Party. Without prejudice to any other right or remedy which the Disclosing Party may have under applicable Law or under these Terms, the recipient acknowledges that the Disclosing Party shall be entitled to seek injunctive or equitable relief to remedy any threatened or actual breach under these Terms.
- Website Intellectual Property. We shall retain all title, rights and licenses over any and all content present on the Website including any trademarks, trade names, logos, icons, graphics, copyrightable material and all other Intellectual Property, regardless of whether or not such content is protected or applied for protection.
- Grant of Rights. We merely grant the User a non-exclusive, royalty free, worldwide right to make use of certain Intellectual Property of the Website for the purposes as set forth in these Terms. Users shall not use, publish, reproduce, modify, improve upon, transmit, sell or offer for sale any of the Intellectual Property belonging to us, unless with our express consent
- User Intellectual Property. You shall retain all rights, title and interest over any and all content posted, published or otherwise transmitted by you on the Website, provided, you have or have obtained all necessary right, title and interest over such content. You hereby grant us a non-exclusive, royalty free, world wide right to use, distribute, publish, transmit or otherwise modify any content or other Intellectual Property belonging to you for our marketing or promotional purposes.
- Infringement. Any unauthorized use of any of our Intellectual Property shall be deemed to be an infringement of the same and we reserve the right to initiate appropriate legal action against such infringing User.
REPRESENTATION AND WARRANTIES
- User Information. Users hereby represent and warrant that all information and content as provided by them is true, accurate and complete to the best of their knowledge and that they have all necessary rights, title and license over all such information and content
- Services. We hereby disclaim all representations and warranties, whether implied or not with regard to the merchantability and fitness of the Services provided. Neither do we represent or warrant that the Services being rendered shall be continuous, error free, accurate or otherwise uninterrupted.
- Focus Group Results. We make no warranties with regard to the accuracy or validity of the results obtained in the Focus Group or with regard to any other information present on the Website. All Services being provided by us are on an ‘as is’ basis and an availability basis.
INDEMNITY AND LIABILITY
- User Liability. Any loss, damage, costs, liabilities or claims arising due to the actions or omissions of the User shall be indemnified or otherwise defended against by the concerned User. You shall indemnify or otherwise hold the Website, its directors, employees, associates, representatives or agents harmless against any loss, damage or claim arising due to your use of the Services.
- Exclusion of Liability. Under no circumstance shall we be liable for any loss of actual or anticipated revenues, profits, goodwill, opportunity or business or for any consequential, special, incidental, exemplary, punitive or other indirect losses or damages, whether arising out of or related to these Terms including those in contract, tort (including negligence) even if such loss was foreseeable or if we have been advised of the possibility of such damages or loss.
- Website’s Liability. The maximum extent of our liability shall not exceed such amount paid by you for any of the Services rendered or proposed to be rendered.
- Force Majeure. However neither Party shall be liable for any loss caused due to any event that was either unforeseeable or out of the control of the Parties, including but not limited to any Act of God, war, riots, or electrical fluctuations.
- Exclusions. We hereby make all exclusions, limitations and warranties to the extent reasonably permitted under law.
- Amendments. These Terms are subject to change from time to time at our discretion. No prior notice shall be provided before any such amendments to the whole or any part of the Website, the Terms or to any Services. You shall be solely responsible to keep yourself up to date with any amendments to these Terms.
- Revised Terms. In case of any revision of these Terms your continued use of the Website or any of the Services shall indicate your acceptance and acknowledgement of the revised terms.
- Severability. If any part of these Terms is found to be unlawful, unenforceable or otherwise inconsistent with any law for the time being in force, such unlawful, unenforceable or inconsistent portion shall be fully severable and these Terms shall continue to be in effect as if such portion was never a part thereto. Provided the rights of the Parties are not materially affected due to such severance.
- Waiver. Any leniency or delay on our behalf in taking any action against you shall not be construed as a waiver of any of our rights contained herein. Neither shall such delay or leniency affect our right to take appropriate action at a later stage
- Disputes. In the event of a dispute arising between you and iResearch, Inc., we shall provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, both Parties agree that they shall resolve all claims or controversies at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with our dispute resolution methods outlined below or as otherwise agreed upon by the Parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider all reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Improperly Filed Claims - All claims brought by you against iResearch, Inc. must be resolved in accordance with our Dispute Resolution policies. All claims filed or brought contrary to the Dispute Resolution policy shall be considered to be improperly filed. Should you file a claim contrary to the Dispute Resolution policy iResearch may recover attorneys' fees and costs up to $1000 from you. Provided that iResearch has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.”
GOVERNING LAW AND JURISDICTION
- Applicable Law. All claims and disputes arising out of these Terms or in connection there to shall be governed in accordance with the laws of the State of Virginia.
- Jurisdiction. The courts and forum selection of the State of Virginia shall have sole jurisdiction over any and all claims arising with regard to these Terms.