Scotia iTRADE Client Insight Panel Terms & Conditions
We recommend reading the Terms & Conditions in their entirety, but advise you to pay particular attentions to the highlights below:
- You agree to keep your user name and password information confidential.
- You agree to keep all information related to our surveys, new product ideas and product-related information confidential.
- You agree not to copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Panel.
- You understand that any material downloaded is done at your own discretion and risk and that you will be solely responsible for any damage to your computer/ mobile system or loss of data that results from the download of such material.
- You understand that cookies and Java Script/Java must be enabled on your computer/ mobile device in order to access and participate in the Interactive Panel.
1. Acceptance of Terms and Conditions
The Scotia iTRADE Client Insight Panel is provided to you by Ipsos, subject to the following Terms and Conditions. Use of the Panel Site indicates you accept these terms. If you do not accept these terms, do not use the Panel Site. Ipsos reserves the right to modify the Terms and Conditions at any time and may update them without notice to you. Terms and Conditions are considered effective upon posting of the modified guidelines on the panel.
The Scotia iTRADE Client Insight Panel, herein known as “the Panel” is defined as an interactive panel where registered members can answer questions posted to the panel for research purposes. All content is owned and controlled by Ipsos and/or its clients. You understand and agree that joining the Panel may include certain communications from Ipsos, such as administrative messages, and that these communications are considered part of the Scotia iTRADE Client Insight Panel membership and you will not be able to opt out of receiving them without ceasing to be a member of the Panel. Unless explicitly stated otherwise, any new features that augment or enhance the current Panel, including the release of new features, shall be subject to these Terms and Conditions. You are responsible for obtaining access to the Panel and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Panel.
You will choose a username and password upon completing the Panel registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Ipsos of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you log-out at the end of each Panel session. Neither Ipsos nor Scotia iTRADE (the “sponsoring company”) can and will not be liable for any loss or damage arising from your failure to comply with this.
You can visit your profile at any time to change your user name, password and email address. You can access your profile information on the Scotia iTRADE Client Insight Panel website: click on Account Settings, update your profile and save the updates you made by clicking on “Save”. You are fully responsible for the content included in your Profile.
You must be 13 years of age or older to access the Scotia iTRADE Client Insight Panel.
3. User Profile Information
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the Scotia iTRADE Client Insight Panel, you agree that all information provided in your profile is accurate, true, current, and complete. Ipsos may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
4. Content Submitted or Made Available for Inclusion in the Panel
The content found in the Scotia iTRADE Client Insight Panel Site comes from a variety of sources. Ipsos and the sponsoring company make no claims or representations as to the accuracy, completeness, or truth of any material submitted. Ipsos and the sponsoring company are not liable for any website links posted; users must open such links at their own risk. Ipsos and the sponsoring company are not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information provided by panel members.
5. Content and Information made available on the Panel
Creating a Profile is completely voluntary.
Even after you remove information from your profile or delete your account, copies of that information will remain viewable by Ipsos and the sponsoring company.
Unauthorized Use: If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email email@example.com.
6. Links to Websites
The Panel may provide links to other World Wide Web sites or resources. Because Ipsos has no control over such sites and resources, you acknowledge and agree that neither Ipsos nor the sponsoring company are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ipsos and the sponsoring company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
7. Technology Requirements
You understand that cookies must be enabled on your computer in order to access and participate in the panel.
A cookie is a small bit of information that is stored in a user's browser, often just a code that contains the server name and a generated string of unique text and numbers. A cookie cannot be used to get data from your hard drive. Cookies are used to store information about what pages you have requested within that specific site. Other than the personal information already provided during the recruiting process, there is no way for the site to know more about you.
You understand that you must have Java Script enabled on your computer/ mobile device. Some of the features in the Interactive Panel are programmed using Java Script or Java, and you must have this enabled in order to complete the surveys and participate in the Interactive Panel.
8. Indemnity; Liability
You agree to indemnify and hold Ipsos, the sponsoring company, and their subsidiaries, affiliates, officers, agents, co-branders, clients or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Panel, your use of the Panel, your connection to the Panel, your violation of the Terms & Conditions, or your violation of any rights of another.
Except where prohibited, you agree that (1) any and all disputes, claims or causes of action arising out or connected with the Panel shall be resolved individually, without resort to any form of class action, and exclusively by arbitration or alternate dispute resolution, as selected by Ipsos, to take place in the County of New York, State of New York; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred in participation but in no event attorney’s fees; and (3) under no circumstances will a member be entitled to obtain awards for and members hereby waive all rights to claim punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions and the decisions of Ipsos or the Panel Managers in connection with the Panel, shall be governed by and construed in accordance with the laws of the State of New York, without regard for conflict of laws doctrine. Should any term or provision of this paragraph or any other rule herein be concluded to be void, unenforceable or contrary to applicable law as provided herein, such term or provision shall, but only to the extent necessary to bring the rule within the requirements of such law, be deemed to be severed from the other terms and conditions; and the remainder of these Terms and Conditions shall be given effect as if it had not included the severed item.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Panel (including your Panel username), Content within the Panel, use of the Panel, or access to the Panel.
10. Ipsos Proprietary Rights
You acknowledge and agree that the Panel and any necessary software used in connection with the Panel ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Panel is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ipsos, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Panel or the Software, in whole or in part.
Ipsos reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Panel upon any breach by you of these Terms and Conditions or otherwise. Notwithstanding any termination or expiration of these Terms and Conditions, whether by Ipsos or by you, the terms of Sections 3, 4, 5, 6, 8,9, 10, 12 and 14 shall survive.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPSOS AND THE SPONSORING COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IPSOS AND THE SPONSORING COMPANY MAKE NO WARRANTY THAT (i) THE PANEL WILL MEET YOUR REQUIREMENTS, (ii) THE PANEL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PANEL WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PANEL WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PANEL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PANEL OR THROUGH THE PANEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
A SMALL PERCENTAGE OF PANEL USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PANEL. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PANEL AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PANEL -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information (“Notice”) in accordance with the Digital Millennium Copyright Act:: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at the following address: firstname.lastname@example.org, or Ipsos Custom Panels, c/o Ipsos Corporation, 1700-1075 West Georgia Street, Vancouver, BC, Canada V6E 3C9, Attn: Copyright Agent. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with Ipsos with respect to your use of the Panel or any part thereof. You understand and agree that, except as expressly set forth herein, these Terms and Conditions are not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms and Conditions. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Ipsos’ failure to pursue any available claim or defense pursuant to these Terms and Conditions or otherwise will not be a waiver of such claim or defense. The headings used in these Terms and Conditions are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
These Terms and Conditions were last revised on February 22, 2018.