Terms and conditions
Opinion Leader Agreement
By registering as an Opinion Leader on our Site, or by indicating your acceptance of this Agreement in any other way, you agree to the terms of this Agreement.
This Agreement will also describe our rights to use your completed Surveys and how we will pay you for your completed Surveys.
Please pay particular attention to clauses in bold in this agreement. This is a summary of those clauses for your convenience and does not form part of the agreement. It is your responsibility to read the clauses referred to.
- You are responsible for your own actions when using the profile that you set up on our website, and agree to follow the rules that we make for using the profile (clause 9).
- You will indemnify us and not hold us liable for any damage suffered by you or a third party that is related to this Agreement (clause 11).
1. Background to Agreement
- If you wish to register as an Opinion Leader on the Site, you can only do so in terms of this Agreement, and to do that you must create a profile. This agreement governs your membership of the site and how you use your profile.
- The rights that you have to register as an Opinion Leader, to complete a Survey, or to redeem any Points you may earn on our website, are set out in this Agreement, and you can only do so if you agree to the terms of this Agreement.
- This Agreement will describe our rights to use your completed Surveys and how we will pay you for your completed Surveys.
- If you do not agree with the terms of this Agreement, or do not have authority to enter into this Agreement, you may not do any of the abovementioned.
- The following words and phrases have these meanings in this Agreement:
- “Agreement” means this Opinion Leader Agreement as well as the other documents referred to in it, which are deemed to form part of the Agreement.
- “Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not) , trade secrets, database rights, design rights, service marks and other intellectual property rights, design, structure and layout of a Survey, and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
- “Opinion Leader” means a natural person who has registered his/her details as required on the Site, with the intention of participating in Surveys from time to time.
- “Party” means you or us and “Parties” shall have a corresponding meaning.
- “Personal Information” will have the meaning ascribed to this term in the Protection of Personal Information Act, 4 of 2013.
- “Points” means the units of measurement that will be allocated to you when you complete a Survey, and which units will be reflected on your Profile.
- “Processing” will have the meaning ascribed to the term in the Protection of Personal Information Act, 4 of 2013, and “Process” will have a corresponding meaning.
- "Profile" means the information that we hold about you, including demographic details, details of money paid by us to you, billing and transaction records, personal contact details, and reference to a Profile includes reference to all rights that you hold under this Agreement.
- “Prohibited Activity” means an act or omission identified as such in clause 9.4 or elsewhere in this Agreement.
- “Site” means Internet World Wide website at URL www.answeredinsight.co.za or such other URL as we may indicate from time to time.
- “Survey” means an electronic questionnaire which you may complete on the Site when we have emailed you to offer you an opportunity to do so.
- “Survey Date” means the date on which you complete a Survey on the Site, or provide the completed Survey to us in any other way.
- “Us”, “we” or “our” means Answered Insights (Pty) Ltd, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2013/000586/07, and also includes reference to our holding company and its subsidiaries.
- “Working Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
- “You” or “your” refers to you, or your employer or any other entity that you have full legal authority to bind and may be accepting this Agreement on behalf of.
- Acceptance. By registering a Profile for our Site, completing a Survey, or redeeming any points you may earn via the Site, or by indicating your acceptance of this Agreement in any other way, you agree to the terms of this Agreement.
- Incorporation. This Agreement consists of this document.
- Amendments. We reserve the right to amend the terms of this Agreement at any time and without notice to you. You are advised to regularly check whether these terms have changed. The most recent version of the Agreement will be available on the Site. Please refer to the last revision number and date at the top of this document if you do not accept any amendment of the Agreement you may terminate it on notice to us.
4. Duration of Agreement
- Commencement. This Agreement will commence as soon as you have completed the registration process as an Opinion Leader on our Site, or by indicating your acceptance of this Agreement in any other way.
- Termination. This Agreement will terminate as provided for herein.
5. Registration of Profile
- Accuracy. You will provide all personal information requested during the registration process and on an ongoing basis to keep this information updated and accurate at all times. You warrant that the information so provided to us is accurate.
- Purpose. You agree that your member name and password are for your use only and that you will not share this information with anyone else.
- Unauthorised Use. You agree and acknowledge that you will contact us immediately should you experience any unauthorised use of your Profile details.
- Information Security. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect your Personal Information from loss, misuse, unauthorized disclosure, alteration or destruction.
- More than one profile and/or profiles registered for other people. You are not allowed to set-up a Profile on behalf of another person nor answer surveys from an account other than your own, have more than one account registered in your name, ID number or email address, and this will be considered as a Prohibited Activity, and you acknowledge that by doing so you are breaching the terms of this Agreement and we may unilaterally and without any further notice to you terminate this Agreement in accordance with the provisions of clause 12.2 below.
- Personal Information.
- We will Process the Personal Information that you provide to us when you register as an Opinion Leader on the Site, or as part of Surveys for our own internal administrative purposes in accordance with the provisions of this Agreement.
- We will not sell your Personal Information to any third party and will only transfer it to third parties once we have de-identified it to the extent that it cannot be re-identified again in such a way as to be linked to you, unless you give us your prior written consent to do so.
- For avoidance of doubt, any Personal Information that you provide to us in Surveys will be de-identified and no third party will be able to identify you from any response you may give to such a Survey.
6. Submission and Acceptance
- Notification. We will email you when we would like you to complete a Survey. When we have emailed you notification, should you choose to complete the Survey, you will have to complete the Survey in accordance with the terms of the Survey.
- Submission. You will have to complete the Survey on our Site, and submit your completed Survey in accordance with the instructions on our Site.
- Survey. You must complete each Survey to the best of your ability, and all information you provide must be true and correct and complete. You warrant that you will complete each Survey truthfully, correctly and in full.
- Acceptance. We will review all completed Surveys that you submit to us and we may accept the Survey if we at our sole discretion decide that it is sufficiently complete. We are not under any duty to accept the completed Survey that you provide to us.
- Assignment. You irrevocably assign, transfer, convey and deliver to us in perpetuity all right, title and interest in all Intellectual Property Rights throughout the world in and to each completed Survey. You understand that all terms of releases relating to this submission are upheld by us. The date of this assignment will be the date on which you provide the completed Survey to us.
- Waiver of Rights. You waive any right of termination and all moral rights to the completed Survey that may be granted under the Copyright Act 98 of 1978, the Berne Convention, or any analogous law of any other jurisdiction (to the extent permitted by the relevant law), unless deleted of full records is requested prior to commencement of analysis.
- Private Use. You may not use the contents of the Survey, the Survey itself or the completed Survey for personal, commercial or non-commercial uses, or for any other use whatsoever.
8. Points and Payment
- Accumulation of Points. You will earn the quoted number of points for each survey that you complete for us in accordance with the requirements for the Survey, and your Points will be reflected on your Profile.
- Value of Points. Points earned will be allocated a corresponding value as set out on the Site. You agree that Points are not a cash-equivalent and that no right to payment accrues to you in respect of Points that you have accumulated until you redeem such Points as set out below.
- Redemption. Once you have accumulated 50 (fifty) Points or more, you can choose to be paid the cash equivalent of the Points, or cash out to charity, or claim rewards by accessing your Profile and following the procedure on the Site and by providing us with your bank account details into which the payment to you will be made.> Such payment is the only compensation that you will receive from us.
- Bank Account Details. We will only make payment into a bank account which is in your name and we will not be able to make payment into bank account that does not belong to you, unless written consent is obtained from us. Should you not have a bank account, you may cash out to any of the other cash out methods available.
- Payment. For the avoidance of doubt the cash equivalent of the Points will only be paid in respect of Points that are redeemed in accordance with this Agreement, and such payment is the sole and exclusive form of compensation the Opinion Leader may receive in terms of this Agreement.
- We will make payment to you within seven (7) business days of cash out confirmation.
- You may be required to provide proof of banking details before making any payment to you.
- You will be liable for all taxes, duties, tariffs and/or levies arising from or connected to any amount received by you in connection with this Agreement that may become payable as a result of a requirement of any governmental organisation and we will have no liability in this regard. In particular you acknowledges that we may be required to retain withholding taxes and to pay these to the relevant tax authorities.
9. Operation of Profile
- Your Responsibility. You accept that you are responsible for the consequences of your use of your Profile, and for maintaining the correctness and completeness of it and all information in it. Failure to ensure that your profile is correct and up to date, may result in us terminating this Agreement with you, and in this event, you will forfeit any Points you have accumulated on your Profile.
- Access.You will have access to your Profile by means of a username and password.
- Access to the Profile will allow you to participate in Surveys, and make changes to your personal information.
- If you forget your username or password, we will only take steps that we regard as being secure to ensure that you re-gain access to your Profile.
- You must not divulge your username or password to any other person.
- Suspension of Access. We may suspend access to your Profile if we suspect that the security of your Profile has been breached, or your Profile is being used unlawfully or in breach of this Agreement.
- Prohibited Activity. The following are strictly prohibited:
- registering as an Opinion Leader more than once with us;
- accessing the Site using another Opinion Leader’s username and password;
- impersonating any person, using another person’s identity number or identity details to register as a Opinion Leader, or using another person’s Profile to complete a Survey; or
- using your Profile to commit any unlawful activity, or in a way which is likely to be defamatory or cause offense;
- and we may terminate this Agreement immediately in accordance with the provisions of clause 12.2 below if we determine that you have done any of the above or any other internal measures not indicated here, and advise you accordingly.
- Independent Contractor. Your relationship with us is that of an independent contractor. Nothing in this Agreement will constitute the relationship of employer and employee, partnership or a joint venture between you and us.
- No Agency. This Agreement does not give rise to a relationship of principal and agent. Neither Party will be entitled to conclude any agreement on behalf of the other, nor to sign any document on behalf of the other, unless this is expressly authorised in writing by the other.
11. LIMITATION OF LIABILITY & INDEMNITY
- Limitation of Liability. You agree that we will not be liable for any damages that you or any third party might suffer that relate to or arise from this Agreement, whether or not anyone anticipated or should have anticipated that the damages would occur. The excluded damages include direct damages, as well as indirect or consequential damages (such as loss of profits, business, goodwill, revenue or anticipated savings).
- Indemnity. You agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from this Agreement.
- This indemnity includes claims arising from use of your Profile that does not comply with clause 9, or if another person accesses your Profile without your consent.
- This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the scale as between attorney and own client and any additional legal costs.
- Termination for Breach. If you commit a material breach of this Agreement and fail to remedy the breach within 5 (five) Working Days after having received a written notice to do so, we may terminate this Agreement without further notice to you, and you will forfeit all Points that you have accumulated as reflected in your Profile.
- Termination for Prohibited Activity. If we determine that there has been a Prohibited Activity in connection with your Profile or that you have engaged in a Prohibited Activity, then we may terminate this Agreement immediately, and notify you of the termination, and you will forfeit all Points that you have accumulated as reflected in your Profile.
- Termination for Convenience. You may terminate this Agreement at any time by clicking unsubscribe or contacting us via email. And we may terminate this Agreement at any time by giving you written Notice.
- Consequences of Termination.
- If this Agreement is terminated for any reason, we may delete your Profile and your associated access rights and personal information.
- If we terminate this Agreement for any reason other than in terms of clauses 9.1, 12.1, or 12.2 above, then, provided that you have accumulated at least 50 (fifty) Points as reflected in your Profile, you will be deemed to have chosen to be paid the cash equivalent of the Points, we will make payment to you into your bank account, in accordance with the provisions of clause 8.3 above.
- Right to Claim Damages. Termination of this Agreement will not affect our right to claim damages against you for breach of this Agreement and / or copyright infringement.
- Arbitration. Any dispute between you and us arising out of or in connection with this Agreement will be submitted to confidential arbitration. The arbitration will be held in Cape Town (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The Arbitration Foundation of South Africa will act as the appointing authority.
- Urgent relief. Nothing will restrict our right to apply to a competent court for relief should our Intellectual Property Rights be violated or threatened, and the parties consent to the jurisdiction of the Western Cape Division of the High Court of South Africa for such purposes.
14. Force Majeure
- Neither Party will be liable for any delay in performing or any failure to perform any obligations under this Agreement due to any cause beyond their reasonable control, including but without being limited to any of the following: strikes, lock outs or other industrial action, sabotage, terrorism, civil commotion, riot, invasion, war, threat of or preparation for war, fire, explosion, failure of electrical supply, storm, flood, subsidence, epidemic or other natural physical disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport; any act or policy of any state or government or other authority having jurisdiction over either Party, sanctions, boycott or embargo.
15. Interpretation & General
- Whole Agreement. This Agreement is the whole of the agreement between the Parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both Parties will be of any effect.
- Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
- Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
- No Indulgence. If one Party chooses not to enforce any part of this Agreement, that does not mean that the Party cannot enforce that part at a later time.
- Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
- Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
- Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.