Terms of Website Use and Services
Our Site and Services are available to You either on a non-chargeable basis or subscription basis depending o the sophistication and size of the surveys you are conducting. Details of our charges are available on our Site or upon request.
- Information about Us and these Terms and Conditions
- These Terms and Conditions constitute the entire agreement ("the Agreement”) between you ("You”, "Your”
or "Customer”) and www.surveymechanics.com, a Site operated by Survey Mechanics Ltd ("We”, "Us” or
"Our”) for the use of the Services. The Service is provided to You in accordance with this Agreement and
any other applicable rules and policies set forth on the Site and in particular:
- We are registered in England and Wales under company number 05059770 and have our registered address at Pashley House, Pashley Road, Ticehurst, Wadhurst, TN5 7HE.
- These Terms and Conditions constitute the entire agreement ("the Agreement”) between you ("You”, "Your” or "Customer”) and www.surveymechanics.com, a Site operated by Survey Mechanics Ltd ("We”, "Us” or "Our”) for the use of the Services. The Service is provided to You in accordance with this Agreement and any other applicable rules and policies set forth on the Site and in particular:
- Accessing Our Site
- We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to You if for any reason the Site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to Our Site.
- Your Account and Password
- If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. Accounts may not be shared and may only be used by one individual per account.
- You must ensure that Your email address and, if relevant, Your contact details and payment details relevant to Your account are kept up to date and are accurate. We may sometimes send notices and other correspondence to the contact details You provide.
- If You know or suspect that anyone other than You knows Your user identification code or password, you must promptly notify us at email@example.com.
- Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from Our Site for Your personal use and You may draw the attention of others within your organisation to content posted on Our Site.
- Other than materials developed by You in preparing and operating surveys via the Site or our Services You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text which is derived from Our Site and has not been created by You or your survey project.
- Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged unless we have agreed with you in writing that you may use the site in a ‘white label’ capacity.
- You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
- During Your use of the Services You grant Us a limited, non-exclusive, royalty-free license to host any Customer uploaded content solely for all reasonable and necessary purposes contemplated by this Agreement. This Agreement does not however transfer or convey to Us or any third party any right, title or interest in or to the Customer uploaded content.
- Services, Fees and Payments
- The Services provided by the Site are that of a survey, advisory and analytical tool together with such other things as may be ancillary to such activities which we may offer via our Site from time to time.
- Although some Services are provided free of charge, You agree to pay for those Services You purchase or use in accordance with the pricing and payment terms presented to You for each Service. Any fees paid by You are non-refundable, except at Our sole discretion, as provided for by these Terms or when required by Law.
- We also offer Services on an ‘on demand’ basis for professional consultancy services in relation to the surveys conducted using the Site or otherwise. Any overage fees will be billed in arrears on a monthly basis and must be paid in line with our 14 day payment term from date of issue. Any failure to pay may result in the limitation, suspension or termination of the relevant Service which may result in the loss of any data relevant to that Service. This shall not affect any other claim or action in law we may have against you.
- Some of Our Services are billed on a subscription basis ("Subscriptions”) either on a monthly or annual basis ("Subscription Term”), depending on what Subscription You purchase. Subscription fees will be charged in advance of each Subscription Term and each term will automatically re-new unless notification is given to firstname.lastname@example.org at least 14 days prior to the date the Subscription Term is due to renew if such term is 1 month or at least one month prior to the date the Subscription Term is due to renew if such term is 12 months.
- We reserve the right to change the fees charged for the Services at any time. We shall notify You with reasonable prior written notice of any change in fees. Such change shall not affect Services You have already paid for or Subscriptions Terms in existence at the time of change.
- Your Content & Responses
- Whenever You make use of a Service that allows You to upload content to or through Our Site, or to make contact with other users of Our Site, You must ensure that you have all the necessary rights and permissions needed to use such content in such manner. To that extent You will be held responsible for such content. In the same manner, You must not use any other content on the Site or obtainable through the use of the Services unless authorised by law to do so or without the permission of its owner. At our written request you shall provide us with copies of any express permission or the terms on which any data has been obtained.
- Excluding your surveys and the related results, any content You upload to Our site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such content for any purpose, including but not limited to, ensuring compliance with legal obligations. This does not however place an obligation or a duty on Us to monitor content uploaded through the use of Our Services. We also have the right to remove any content if at Our discretion or as determined by law, such content falls foul of the expected standards (to include but not limited to offensive materials or content, whether discriminatory or otherwise) or constitutes a breach of law. Please note that your surveys and the related results will not available to any third party and shall be treated as confidential throughout the term of this Agreement. The data shall be made available to You via standard formats (eg XL, csv file) via Our Site and shall be retained on the Site for a reasonable period throughout the term of this Agreement.
- We shall have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by You or any other User of our site and You indemnify Us against any such claims.
- The views expressed by other users or any third party links published on Our Site do not represent our views or values and We are under no obligation or duty to review and accordingly remove such views or links. You may report such content that You find offensive or inappropriate and We shall investigate accordingly.
- We may utilise and offer to our members upon request a panel of members who have indicated that they are willing to participate in surveys ("Panellists”) that we invite to participate during the provision of Our Services. Whilst We make an active effort to source reliable Panellists You acknowledge and agree that We do not warrant participation by the Panellists or any particular participation rates, and to that extent, such rates may vary significantly and We shall not be held accountable where the number of Panellists are not available in the preferred numbers at any one time.
- If you are using our Site without charge we will request that you allow us to request the services of respondents to your surveys as Panellists for future surveys. You hereby acknowledge and authorise Our use of your data in this manner and we shall restrict any use of your data to this purpose only.
- No Reliance on Information
- The content on Our site and generated by the use of Our Services are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our site or generated by the use of Our Services.
- If as part of your Use of the Site we provide any statistical analysis of your survey results it is Your responsibility to ensure that the analysis is correct and suitable for the purpose for which You may use it.
- Although We make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on Our site is accurate, complete or up-to-date.
- Limitation of Our Liability
- We shall endeavour to provide You with a reliable use of Our Services but we cannot guarantee that the Services will operate without any defect or interruption. If you are having issues with the Services and their availability please contact email@example.com and in certain instances but solely at Our discretion We may provide You with credit to Your account.
- We do not make any warranties of any kind, whether express or implied, including but not limited to the availability, reliability, merchantability, fitness for a particular purpose, accuracy of the Services, or non-infringement but shall use our reasonable and commercially prudent endeavours to ensure that the Services are delivered in a suitable manner.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection
- use of, or inability to use, Our Site; or
- use of, or reliance on, any content displayed on Our Site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- Failure to comply with these Terms, acting in breach of any law or regulation or in any manner as We may, acting reasonably, deem to be inappropriate or disruptive to the Services or other Users or any other third party may result in the limitation, suspension or denial of the Services to You. Although We may provide you with reasonable notice in such events but in certain scenarios We may, at Our reasonable discretion, terminate Your use of Our Site and Services without notice.
- Unless You terminate any Subscription Term as a result of Our breach and have informed Us in writing of such breach, You shall not be entitled to any refund for the remainder of that Subscription Term.
- We do not guarantee that Our Site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site or to Your downloading of any content on it, or on any website linked to it. You should always ensure You have adequate anti-virus programmes installed into your device. You are responsible for configuring Your information technology, computer programmes and platform in order to access Our Site. You should use Your own virus protection software.
- You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Site will cease immediately.
- Linking to Our Site
- You may link to Our home page and in particular establish links with that part of Our Site that is hosting your survey, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
- You must not establish a link to Our Site in any website that is not owned by You unless you are linking from an account or personal site which is password protected (for example facebook, twitter, google+) and you are able to remove any link if reasonably requested.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page unless such usage is authorised in accordance with 12 a) & c) and in keeping with the general purposes of the Site and Services.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
- Third party links and resources in our site
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources.
- Applicable Law
- Contact Us
To contact Us, please email email@example.com.
Thank you for visiting and using Our Site and Our Services.