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Terms & Conditions

Introduction

Lifepanel is firmly committed to protecting the security and integrity of all personal information collected or disclosed by its panel members: Lifepanel users can be assured that their privacy is Lifepanel’s number one priority.

These Terms and Conditions outline the relationship between Lifepanel and its clients on one hand but also the relationship between Lifepanel and its panel members in connection with the Services offered on the Lifepanel Website and the Lifepanel mobile application (the “Lifepanel app”). Lifepanel values the relationships with both sides and therefore outlines specific Terms and Conditions which are incorporated in the email signature for each client to see the order forms but also as part of the panel management system. Before becoming a panel member, it is a requirement to accept the Privacy Policy and the Terms and Conditions. 

Lifepanel’s panel members’ use of the Services is completely voluntary and therefore Lifepanel Online Panel’s collection, processing and sharing of their personal data and personally identifiable information in connection with the Services and this Privacy Policy is carried out with their consent. Such a voluntary consent can be withdrawn as easily as it was given to Lifepanel, e.g. electronically. Lifepanel is committed to full compliance with the requirements for data protection set in the General Data Protection Regulation (GDPR) that comes in force as of the 25th of May 2018, as well as the Dutch Data Protection legislation, any relevant local laws to all its countries of operation and any International Treaties. Moreover, Lifepanel always strives to conform their privacy practices and bring their technologies in line with all laws, codes, and standards applicable in the market and opinion survey research associations such as ESOMAR, AAPOR and WAPOR to which Lifepanel is a member. All references in these Terms and Conditions to “Lifepanel” include Lifepanel and its parent, subsidiary, affiliated and under the same control companies. For the purposes of this Policy, “online” shall also include mobile web browsing. Articles 1 to 16 are applicable to clients and partners of Lifepanel, whilst articles 17 to 39 are solely applicable for invited and recruited panel respondents 

Table of Content

1.Definitions
2.Basis of Licence
3.Use of the data
4.Delivery
5.The Price and Payment
6.Cancellation
7. Intellectual Property Rights and Confidential Information
8.Warranty
9. Limitation of Liability: The Client’s attention is drawn to this clause
10.Indemnity from the Client
11.Termination
12.Force Majeure
13.General
14. Refund Policy
15. Communication and RFQ Validity
16. Compliance with domestic Market Research standards
17. Use of the services by panel members
18. Registration and Profile Administration
19. One-Time-Password Protection
20. Relationship between user and Website or the Lifepanel App
21. Lifepanel Credits and Rewards Policy
22. Termination of user account by Lifepanel
23. Code of Conduct́
24. Intellectual Property
25. Confidentiality of Surveys
26. Linking
27. Service Access
28. Disclaimer of Warranties
29. Limitation of liability
30. Indemnification
32. Privacy
33. Applicable law
34. Jurisdiction
35. Arbitration Board
36. Amendments to our Terms and Conditions of use
37. Miscellaneous
38. Translations of the Terms and Conditions
39. Communications

1.Definitions

“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in the Netherlands are open for business.

“Client” means the person or firm that purchases or otherwise acquires the Data from the Company.

“Commencement Date” has the meaning set out in clause 2.2.

“Company” means Lifepanel B.V registered in the Netherlands, at Stationsplein 45, 3013AK, Zuid Holland, Netherlands, company number KvK 64893081

“Data” means the data set out in the Order Confirmation, comprising information of any kind whether it be words, numbers, graphs or otherwise in any other form and whether or not it is the property of the Company or a third party, which is supplied or made available to the Client by the Company.

“Delivery Date” means the date on which the Company supplies the Data to the Client.

“Force Majeure Event” has the meaning given to it in clause 12.1.

“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

“Licence” means the license between the Company and the Client for the use of the Data incorporating these Terms.

“Licence Period” has the meaning given in clause 3.2(a).

“Order Confirmation” means the Client’s written acceptance of the Company’s quotation as set out overleaf.

“Payment Date” has the meaning set out in 5.2(b).

“Price” means the charges payable by the Client for the supply of the Data in accordance with clause 5.

“Recipient” means each person whose details are the subject matter of the Data.

“Terms” means these terms and conditions as amended from time to time in accordance with clause 13.7.

In these Terms, the following rules apply:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to a party includes its personal representatives, successors or permitted assigns;

(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

(d) any phrase introduced by the terms including include, in particular, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(e) a reference to writing or written includes faxes and e-mails.

2.Basis of Licence

2.1 The Order Confirmation constitutes an offer by the Company to sell the Data in accordance with these Terms. The Client is responsible for ensuring that the terms of the Order Confirmation are complete and accurate.

2.2 The Order Confirmation shall only be deemed to be accepted by the Client when the Client signs and dates the Order Confirmation and returns it to the Company at which point and on which date the Licence shall come into existence (Commencement Date).

2.3 The Licence constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Licence.

2.4 These Terms apply to the Licence to the exclusion of all other terms and conditions that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.5 Any repeat or subsequent requests by the Client for a licence to use the Data shall be subject to these Terms. For the avoidance of doubt, a separate Licence shall come into existence for each Order Confirmation relating to the Data that is accepted by the Client in accordance with clause 2.2.

2.6 Any quotation given by the Company shall not constitute an offer, and is only valid for a period of 90 Business Days from its date of issue.

2.7 The quantity and description of the Data shall be as set out in the Order Confirmation.

3.Use of the data

3.1 If the Order Confirmation states that the Licence is for a specific number of uses:

(a) the Client shall only contact each Recipient for the number of times set out in the Order Confirmation:

(b) if a Recipient replies to the contact authorised by clause 3.1(a) the Client is then permitted to contact that Recipient freely from the date of such reply;

(c) if a Recipient does not reply to the contact authorised by clause 3.1(a) the Client shall not contact that Recipient again.

3.2 If the Order Confirmation states that the Client has a Multiple Use Licence:

(a) the Client may make contact with each Recipient as many times as he wishes within the period referred to in the Order Confirmation (Licence Period);

(b) if a Recipient replies to any contact authorized by clause 3.2(a) the Client is then authorised to contact that Recipient freely from the date of such reply and beyond the Licence Period;

(c) if a Recipient does not reply to any of the contacts authorised by clause 3.2(a) the Client shall not contact that Recipient again after the Licence Period has expired.

3.3 For the avoidance of doubt an out of office message or other automatic response to any contact made by the Client does not constitute a reply for the purposes of clause 3.1(b) or clause 3.2(b).

3.4 If the Client breaches clause 3.1(a) or (c) or 3.2(a) or (c) it shall pay to the Company a sum equal to the difference between (1) the Price and (2) the amount the Client would have paid to the Company if the Licence had entitled the Client to use the Data for the total number of times that it has actually been used by the Client, such charges to be calculated in accordance with the Company’s pricing structure as at the date that the breach first occurred. The due date for such a further payment shall be the date on which the breach first occurred.

3.5 Breach of clause 3.1(a) or (c) or 3.2(a) or (c) shall constitute a material breach of the Licence for the purposes of clause 11.1(a).

3.6 Clauses 3.1 (b) and (c), 3.2 (b) and (c), 3.3 and 3.4 shall survive the expiry or termination of the Licence.

3.7 Use of the data is for market research & social research only. The client needs to ensure that he uses the data within the legal framework of his jurisdiction.

4.Delivery

4.1 All dates set out in the Order Confirmation for delivery of the Data are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any loss or damage whatsoever suffered by the Client arising from any delay, however caused, nor will any delay entitle the Client to cancel or alter its obligations under the Licence. For the avoidance of doubt this shall not affect the Client’s right to cancel under clause 6.1.

4.2 The Company shall not be bound to deliver the Data until the Client has paid for it unless otherwise agreed in writing by the Company.

4.3 If the Company fails to deliver the Data, its liability shall be limited to the costs and expenses incurred by the Client in obtaining replacement data of similar description and quantity in the cheapest market available, less the price of the Data. The Company shall have no liability for any failure to deliver the Data to the extent that such failure is caused by a Force Majeure Event or the Client’s failure to provide the Company with adequate instructions that are relevant to the supply of the Data.

4.3 The Company shall limit exchange of PII where possible. During communication with the Client, both parties should only provide as little PII as possible.

4.3 information about the Client or End-Client of a study is not required to be provided. The Company does not need to be in the known for what the data is eventually used.

5.The Price and Payment

5.1 The Price for the Data is as set out on the Order Confirmation.

5.2 The Client shall pay the price for the Data:

(a) in full and in cleared funds to a bank account nominated in writing by the Company or by credit card (the Company does not accept American Express); and

(b) before it is delivered to the Client unless the Company has agreed otherwise in writing, in which case the Client shall pay the price on or before the date agreed by the Company (Payment Date).

Time for payment shall be of the essence of the Licence.

5.3 The price is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice. The Client shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the of the Data at the same time as payment is due for the Data.

5.4 If any payment is made later than the Delivery Date or, where the Company has agreed that payment may be made after the Delivery Date, the Payment Date then, without limiting any other right or remedy of the Company, the Company shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then base lending rate of ABN Amro NV accruing on a daily basis from the due date for payment until the date of actual payment of the overdue amount, whether before or after judgment and compounded quarterly. The Company shall also have the right to charge the Client an administration fee of €50.00 for all debts that are passed to the Company’s debt recovery department.

5.5 The Client shall pay all amounts due under the Licence in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by the Company to the Client.

6.Cancellation

6.1 Subject to clause 6.2, the Client shall be entitled to cancel the Licence during the period that begins on the Commencement Date and ends on the day immediately before the Delivery Date by giving notice in writing to the Company.

6.2 If the Client cancels its order for the Data the Client shall pay to the Company the sum of €250.00 or 50% of the Price (whichever is the greater) within 5 Business days of the date that the Client gave notice in writing to the Company of the cancellation.

7. Intellectual Property Rights and Confidential Information

7.1 The Client hereby acknowledges that the copyright and other Intellectual Property Rights nothing contained herein will be construed as an assignment of any such copyright to the Client. Copyright shall at all times vest in the Company or its suppliers.

7.2 The Client shall have no rights or interests of whatever nature in the Data except to use the same in accordance with the terms of the Licence.

7.3 The Client shall not supply disclose or make available the Data to a third party except in accordance with the terms of the Licence.

7.4 The Client shall maintain adequate security measures to protect the integrity and security of the Data. Any breach or suspected breach of security shall be promptly notified to the Company.

7.5 Breach of this clause 7 by the Client shall constitute a material breach of the Licence for the purposes of clause 11.1(a).

8.Warranty

8.1 Subject to the following provisions of this clause 8 and clause 9, the Company warrants that the Data will at the time of delivery correspond to the description set out in the Order Confirmation.

8.2 Subject to the Client giving notice to the Company within 5 Business days of delivery that the Data does not comply with the description set out in the Order Confirmation, the Company shall, at its option, replace the Data (or such part of it that does not correspond with the description) or refund the Price.

8.3 Except as provided in this clause 8, the Company shall have no liability to the Client in respect of the Data’s failure to comply with the description set out in the Order Confirmation

8.4 The Company shall be under no liability under the warranty in 8.1 if the Price has not been paid by the due date for payment.

8.5 Whilst the Company has used all reasonable endeavours to ensure the accuracy of the information contained in the Data the Client acknowledges that in the compilation and supply of the Data to the Client the Company often has to rely on information supplied by a third party and that such information may have been incorrectly provided and that by the very nature and volume of such Data accuracy cannot be verified. Therefore the Company does not guarantee or warrant that the Data is without errors or omissions and the accuracy of the Data is not a condition of the Licence and the Client will not be entitled to refuse to pay any amount due or part thereof by reason of errors or omissions in the Data supplied under the Licence.

8.6 The Client acknowledges that a bounced e-mail does not mean the Data is incorrect and confirms that it will make no claim against the Company for a refund in connection with a bounced e-mail. The Company makes no guarantee whatsoever to the response rates the Client may get.

8.7 The IP addresses of the Client’s servers or a third party (broadcaster’s) servers may be listed on a DNSBL database as a result of using the Data. Therefore the Company does not guarantee or warrant against this and it is not a condition of the Licence and the Client will not be entitled to refuse to pay any amount due to the Company for the Data under the Licence if the IP addresses are listed on a DNSBL database.

8.8 The Client acknowledges that spam filters may prevent as much as 25% of the Client’s e-mail marketing messages from being delivered to the Recipients’ in-boxes. The Client acknowledges that this is due to spam filters on the Recipients’ servers and is not because the Data is inaccurate or wrong. Therefore the Company does not guarantee or warrant against this and it is not a condition of the Licence and the Client will not be entitled to refuse to pay any amount due to the Company for the Data under the Licence if spam filters prevent delivery of the Client’s e-mails to the Recipients.

8.9 The Client acknowledges and agrees that the Company may plant up to five “seeds” per 1,000 Recipients for the purpose of enforcing any breaches of the Licence.

9. Limitation of Liability: The Client’s attention is drawn to this clause

9.1 Nothing in these Terms shall limit or exclude the Company’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

9.2 Subject to clause 9.1:

(a) the Company shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Licence; and

(b) the Company’s total liability to the Client in respect of all other losses arising under or in connection with the Licence, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the charges paid by the Client for the Data.

9.3 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Licence.

9.4 This clause 9 shall survive expiry or termination of the Licence.

10.Indemnity from the Client

10.1 The Client shall keep the Company indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by the Company as a result of or in connection with:

(a) any claim made against the Company by a third party arising out of, or in connection with, the use of the Data, to the extent that the claim is attributable to the acts or omissions of the Client, its employees, agents or subcontractors;

(b) any claim made against the Company by a third party arising out of, or in connection with the breach, negligent performance or failure or delay in performance of the Licence by the Client, its employees, agents or subcontractors; and

(c) any claim made against the Company by a third party arising out of, or in connection with the Client disclosing or making available the Data to a third party, whether permitted by the Licence or not.

10.2 This clause 10 shall survive expiry or termination of the Licence.

11.Termination

11.1 Without limiting its other rights or remedies, either party may terminate the Licence with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of the Licence and (if such a breach is remediable) fails to remedy that breach within 10 Business days of that party being notified in writing of the breach;

(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;

(c) the other party goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors, has a receiver or administrative receiver appointed over its assets or a person becomes entitled to appoint a receiver or administrative receiver over the other party’s assets;

(d) any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 11.1(b) or clause 11.1.(c);

(e) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or

(f) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

11.2 Without limiting its other rights or remedies, the Company may terminate the Licence with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under the Licence on the due date for payment.

11.3 On expiry or termination of the Licence for any reason:

(a) the Client shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest in respect of Data supplied and, in respect of Data supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable immediately on receipt;

(b) the Client shall destroy and/or delete details of all the Recipients whether these details are held on a computer file or otherwise and shall cease to contact such Recipients unless this is authorized by clause 3.1(b) or clause 3.2(b);

(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Licence which existed at or before the date of termination or expiry; and

(d) clauses which expressly or by implication have effect after expiry or termination shall continue in full force and effect.

12.Force Majeure

12.1 For the purposes of the Licence, Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

12.2 The Company shall not be liable for any loss suffered or incurred by the Client as a result of any delay in or failure of the Company performing its obligations under the Licence arising from any Force Majeure Event.

12.3 If the Force Majeure Event prevents the Company from performing any of its obligations under the Licence for more than four weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate the Licence immediately by giving written notice to the Client.

13.General

13.1 Assignment and subcontracting: The Client shall not be entitled to assign, transfer, charge, subcontract or otherwise deal with all or any of its rights or obligations under the Licence without the prior written consent of the Company. The Company may at any time assign, transfer, charge, subcontract or deal in any manner any or all of its obligations under the Licence.

13.2 Notices: Any notice or other communication required to be given to a party under or in connection with the Licence shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number. Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next.

13.3 Waiver: No failure or delay by either party in exercising any of its rights under the Licence shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Licence by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

13.4 Severance: If any provision of the Licence is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.

13.5 No partnership: Nothing in the Licence is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

13.6 Third parties: A person who is not a party to the Licence shall not have any rights under or in connection with it.

13.7 Variation: Except as set out in these Terms, any variation, including the introduction of any additional terms and conditions, to the Licence, shall only be binding when agreed in writing and signed by the Company.

13.8 Governing law and jurisdiction: The Licence, and any dispute or claim arising out of or in connection with it, shall be governed by, and construed in all respects in accordance with, the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

14. Refund Policy

14.1 If the sample does not comply with the description set out in the order confirmation, the Company shall offer a replacement sample or refund the price of the sample itself.

14.2 The Company reserves the right to refuse a refund in cases where it does not deem it acceptable.

14.3 Any case wherein the sample complies with the description set out in the order confirmation is deemed to be ineligible for a refund.

14.4 Due to the very nature of the product, depending on the sample type, up to 10% of the entire sample is expected to be non-working. That is why the Company provides oversampling.

15. Communication and RFQ Validity

15.1 The Company communicates to its clients via Email. All emails are encrypted using Gmail for business. Offers that have been provided via email are valid for 90 Business days if not otherwise stated.

16. Compliance with domestic Market Research standards

16.1 While in most countries market research projects are excluded from the Do-Not-Call lists, several countries have optional market research filters. While they are not required by law, memberships within the local market research societies require filtering against these directories. Lifepanel does not provide filtering against these services. The client itself is responsible for filtering where needed.

17. Use of the services by panel members

 

Lifepanel provides panel members with the opportunity to participate in surveys. Participation is voluntary. By agreeing to register and become a panel member you agree to receive invitations to participate in market research and opinion research surveys. We strive to send you invitations to surveys, although we do not guarantee that you will receive a certain minimum number of invitations. If you do not wish to respond to these invitations, you have the option to deactivate and delete your account by following instructions included in each survey invitation. (For more information about our Opt-out policy see clause 18 below). Please note that, if you remain inactive for a period of twelve (12) months, during which time you are not participating in any survey to which you are being invited, your account will be automatically terminated as per clause 6 below and the points you have collected so far will be forfeited. 

 

Our panel member services are for personal, non-commercial use. You may use the services provided by our website or the Lifepanel mobile app when available. Lifepanel constantly changes and improves its services and reserves the right to change, modify, restrict, or block access to all and any part of the Services to anyone at any time and for any or no reason.

 

18. Registration and Profile Administration

 

In order to access and use the Services offered by our website or the Lifepanel app, you must first complete the registration form and confirm the verification request. Furthermore, you will be asked to verify your account and activate your Lifepanel profile through a verification code that will be sent to your mobile phone. During registration you must provide us with current and valid personal information including but not limited to your full gender, age range, e-mail address, and where available, the mobile phone number as well. We will retain your information for as long as your account is active and according to our retention policy as described in our Privacy Policy. You agree to provide only accurate, current, and complete registration information and to keep that information up to date in order to maintain its accuracy. Lifepanel reserves the right to restrict or prohibit your use or access to and/or participation in our Services if you provide, or we reasonably suspect that you have provided, information that is untrue, inaccurate, outdated, or incomplete.

 

If you need to correct or update any of your profile information you may do so at any time by going to the Profile page. By following the appropriate directions, the newly input information will be automatically updated in our database.

 

If you choose to end your membership with our Panel, or you want us to cease processing your data, you may do so at any time by going to your Profile page either in our website or in the Lifepanel app and selecting the Delete profile button. Please note that by simply removing/deleting the Lifepanel app from your device this does not automatically also delete your Lifepanel membership account. As an alternative, you may terminate your membership account by sending an email to our service center through the Contact page

at hello@lifepanel.eu.

 

You understand and agree that upon deactivating your account, your right to access the Lifepanel credits will cease. All credits on your account that have not been cashed outr as of the time you opt-out, however and whenever accumulated, will be forfeited.

 

However, we understand that you might want to change your mind about your profile deletion, and also that you may have a reward order pending that would be jeopardized by the deletion of data needed to process it (e.g. your address). That is why we might keep your account dormant for 30 days: you will not receive any survey invitations during that period, but it will allow sufficient time for any orders to be processed. If you change your mind and you want to re-activate your account during this 30 days period, you can e-mail us accordingly at hello@lifepanel.eu. However, if the 30 days have passed without a request to reactivate your account, your Profile and all the information contained in it will be permanently deleted.

 

19. One-Time-Password Protection

 

A user is solely responsible for the security of their username and access to their OTP device and is solely liable and responsible for any use or activity that occurs under their membership account, whether authorized or unauthorized. As a user, you must not disclose your password to anyone else, and you are responsible for keeping it safe. Our website or the Lifepanel App will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorized use is directly attributable to the gross negligence or fraud of our website or the Lifepanel App. If you have forgotten the e-mail address or mobile phone number of registration, you must notify us by email, giving us necessary information (usually your name and date of birth) so we try to recover it.

 

20. Relationship between user and Website or the Lifepanel App

 

As a user you are responsible for having access to the computer/mobile phone equipment and communications services necessary to connect to and access our website or the Lifepanel app.

 

You also agree that neither a) your registration, nor b) your access or use of our Services including but not limited to your participation in a Lifepanel survey, create any agency, partnership, joint venture or employment relationship with Lifepanel or its clients, agents and/or partners. You also agree that the points and commensurate incentives you receive for completing surveys are the only compensation you will receive for your completion of surveys.

 

21. Lifepanel Credits and Rewards Policy

 

By registering to become a member of our Panel you also agree to the automatic establishment of your personal account of points redeemable in the Lifepanel reward system. At any moment the credits total represents your standing in the Lifepanel rewards system.

 

Credits are allocated for a variety of actions, including but not limited to your registration as a panelist, the completion of surveys Surveys might have differing credits values depending on their complexity and the time needed to complete each.

 

Credits have a set monetary-equivalent value in each of the panel’s countries of operation. They can be cashed in at certain milestones, i.e. from a certain credits total and upwards, although one can continue collecting to reach a higher milestone and be eligible for a more ‘valuable’ prize. Please note that credits are strictly personal and cannot be assigned, transferred, and/or pledged to any third party, inside or outside the Panel. Credits will be deducted from the panel member’s account at the time the redemption request is made. All redemptions are final, and rewards may not be returned for credit, unless the chosen incentives or rewards are no longer available, or there are reasonable business grounds that stand in the way of redemption.

 

We use reasonable efforts to ensure that credits are credited and debited appropriately. However, members of our panel should review their account to ensure that it correctly identifies the credits points, rewards, and reflects all the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an e-mail to hello@lifepanel.eu.

 

In the event that any credits have been erroneously credited to or debited from a panel member’s account, Lifepanel may remove them or return them.

 

Please note that points need to be used up within two years or they expire, For example: a credit earned on August 1, 2019 is valid until Aug 1, 2021, at which point it expires and is removed from the user’s account. Credits cannot be redeemed after the expiration date. Lifepanel will inform users individually of upcoming expiration dates and amounts at regular intervals. It reserves the right to suspend these cancellation rules at its sole discretion.

 

The suppliers or providers of the products or services offered in connection with Lifepanel’s rewards program and/or the owners or operators of the websites/webpages on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully before ordering a particular incentive. Personal information may have to be collected, processed and/or disclosed in connection with Lifepanel’s reward’s program and/or any request to redeem a reward or incentive – for example a magazine subscription incentive will require your postal address, and a mobile top-up incentive will require your phone number.

By agreeing to these Terms and Conditions of Use, you hereby agree to the collection, processing and/or disclosure of your personal information for such purposes. All such personal information shall be subject to the terms set forth in our Privacy Policy.

 

You hereby expressly acknowledge and agree that you may be required under your local tax legislation to declare any cash you received by converting the points earned through the participation in our surveys, and possibly to pay taxes on it. Lifepanel may provide you or the appropriate tax authority with information related to any payments and incentives you earn in connection with your use of our services. You agree to provide us with all the necessary information to assist Lifepanel in complying with its reporting or withholding obligations. Lifepanel may withhold tax from any incentive or reward as required by applicable law. Any of the above is the sole responsibility of the panel members and Lifepanel is not responsible for offering relevant guidance or advice, therefore we urge you to refer to your competent local tax authority for more information on possible obligations.

 

Lifepanel retains the right to monitor all member activity within the Lifepanel credit  system. In rare occasions, if a member has violated our Code of Conduct (see clause 23 below), notably if an account shows signs of fraud, abuse, or suspicious activity and if we have a reasonable suspicion of a user misrepresenting himself or impersonating others for the purpose of collecting points, we reserve the right to use all legally allowed means in order to verify their identity (including the option to verify a panel profile through SMS verification process).Failing that, the account may be terminated, and the panelist will forfeit any accumulated points.

 

Lifepanel may modify, alter, delete, or add new terms and conditions for its reward program or the services at any time without notice.

 

22. Termination of user account by Lifepanel

 

Lifepanel may terminate your membership immediately if any of the following events occurs:

 

  • You breach any of the present Terms and Conditions of Use (including any Terms of our Cookie and Privacy Policy) or
  • You remain inactive for a period of 12 months (i.e. you are getting invited to surveys, however have not participate in any of them)
  • You misuse your membership of the Panel or use it for any improper purpose, such as impersonating others with the aim of collecting credits.

Lifepanel reserves the right, without notice and in its sole discretion, on its own volition or as dictated by law or local authorities, to discontinue or terminate its operation in a particular country or overall, thus also terminating individual accounts, leading to the forfeiture of points therein.

 

23. Code of Conduct́

 

When using our website or the Lifepanel app we ask all our members to observe the following rules:

 

  • Members are responsible for ensuring that any and all details held about them are up to date and are correct.
  • Members must undertake that all information they enter as panelists is accurate. Specifically, they should not misrepresent themselves or impersonate others for the purpose of collecting credits.
  • Members may not open, use or maintain more than one (1) membership account with Lifepanel. If a second account has been opened in error, a member may get in touch with user support and ask for one account to be deleted and one retained – points accumulated in the account marked for deletion will be lost.
  • Members should always respond to the various surveys and questionnaires, to which they are being invited, carefully. Lifepanel and its clients and/or partners may perform checks in panel members’ survey responses in order to ensure that they meet the quality criteria (various parameters are being taken into consideration such as the response time or the existence of any contradictory answers). In case an account has been reported for bad quality three (3) times, Lifepanel, following a relevant e-mail to the said panel member will proceed in deactivating the member’s account until he/she assures Lifepanel,  via e-mail to hello@lifepanel.eu within thirty (30) calendar days, that all surveys will be answered carefully in the future. Depending on each specific situation, Lifepanel team will evaluate each case and will decide on whether the account should be reactivated. If Lifepanel team decides otherwise or in case the panel member does not send the aforementioned e-mail within the thirty (30) calendar days period, the account will be terminated as per previous clause 6 and the points collected so far will be forfeited. 
  • Members should not access or use any part of the Website or the Lifepanel app for anything other than their personal non-commercial use.
  • Members should not access or use any part of the Website or the Lifepanel app in any way that may violate any applicable Dutch, European or International law, regulation or treaty.
  • Members should not collect or store any personal information about other members.
  • Members should not attempt to access any service or area of the Website or the Lifepanel app that they are not authorized to access.
  • Members should not post any material that is threatening, libellous, defamatory, and obscene or could otherwise violate any law.
  • Members should not send to or otherwise impact us or the Website or the Lifepanel app (or anything or anyone else) with harmful, illegal deceptive or disruptive code such as virus, “spyware”, “adware” or other code that could adversely impact this Website, the Lifepanel app or any recipient or take any action, such as denial of service attack, that might impose a significant burden on this Website’s and Lifepanel app’s infrastructure or interfere with the Website’s and Lifepanel app’s ordinary operation.
  • Members should not engage in any other activity that the Company reasonably deems improper or abusive.

 

Please note that failure to comply with this Code of Conduct will expose you to immediate termination of your membership account and forfeiture of any points, in line with clause 23. The company also reserves the right to take any necessary legal action.

 

24. Intellectual Property

 

The copyright and all other intellectual property rights (including but not limited to database rights, software rights, trademarks, and design rights in all cases whether registered or not) in all materials included on the Website or the Lifepanel app (including without limitation, designs, texts, pictures, graphics, logos, images, interfaces, software code and the selection and arrangement of them) belong to us or our licensors unless otherwise acknowledged. All rights are reserved. In no event shall our users obtain or receive any rights, title, or interest in or to any such material.

 

Consequently, the content of this Website and the Lifepanel app cannot be sold, copied, modified, reproduced, republished or uploaded, transmitted or distributed in any way, in whole or in part, without the prior written non-electronic consent of the owner of the Website or the Lifepanel app and unless you (a) acknowledge us as the source of the material and (b) inform the third party to whom you are disseminating the information of these Terms and Conditions and the fact they apply to them. You are, however, allowed to print and electronically save the content of the Website and the Lifepanel app only for personal use, and not for public or commercial use, without deletion of the origin mark of Lifepanel, and without infringing the related intellectual and industrial property rights in any way.

 

The rest of the products or services that are mentioned in this Website or our Lifepanel app and bear the trademarks of the respective organizations, companies, collaborating entities, associations or publications are their intellectual and industrial property and therefore those entities bear the relevant responsibility.

 

Please note that, breaching this provision would expose you to the immediate termination of your membership account and forfeiture of any points in line with clause 6. The company also reserves the right to take any necessary legal action.

 

25. Confidentiality of Surveys

 

Lifepanel’s clients, agents and partners may reveal confidential and/or proprietary information and materials to you as part of your participation in Surveys, projects, questionnaires, or other market research related activities, and any such information and materials shall remain the sole and exclusive property of its owner. The aforementioned confidential information may include (but is not limited to) new product ideas or concepts. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of participating in our surveys in accordance with the present Terms and Conditions. It is expressly forbidden to copy and store survey content (e.g. by making screenshots) for any other purpose than for reporting errors to Lifepanel.

 

If you breach this obligation, in addition to forfeiture of your points and termination of your membership account you may be liable for monetary damages to the Company and/or our client, agent or partner for damages caused by the result of your breach.

 

 

26. Linking

 

Our website or the Lifepanel app may provide Links to other websites that are not under its control, but under the control of third parties (persons or entities). Those links are provided solely for your convenience. We have not reviewed or examined all of these third-party websites and are not responsible for these websites or their content or availability. We do not endorse such websites, nor do we accept responsibility for any damage or loss you may suffer from accessing such website or any material on them. The availability of any link or reference to any third party shall in no way constitute an endorsement by Lifepanel of any such website you visit. You agree that you will not use any third-party material in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

 

27. Service Access

 

While we endeavor to ensure that the Website and the Lifepanel app is normally available 24 hours a day, we shall not be liable if it is unavailable at any time or for any period due to necessary servicing and updates, technical fallout, or force majeure.

 

28. Disclaimer of Warranties

 

By using the Lifepanel Credit program, you acknowledge and agree that Lifepanel is not a bank or any other kind or form of financial institution and that “Credits” awarded to your account are not actual cash deposits, are not any type of salary, do not earn interest, and are only account entries that entitle you to the amount of the awarded Credits if you redeem them in accordance with these terms of use. You further agree that you may only redeem the amounts in your account in the manner and according to the procedures described in these terms of use or in the description of each reward in our website or the Lifepanel app, which we may amend from time to time.

 

29. Limitation of liability

 

To the fullest extent allowed by the applicable legislation, you hereby acknowledge and agree that in no event will Lifepanel or any of its agents and/or partners be held liable or otherwise responsible to you and/or any other person for any special, incidental, punitive, consequential or similar general damage, or for damages regarding lost profits, loss or impairment of privacy, security of data and failure to meet any duty (including but not limited to any duty of good faith, workmanlike effort or of lack of negligence) that may arise out of your membership account or are related to any breach or other aspect of the entire agreement or this website or Lifepanel app or for the accuracy of the content of the website and the Lifepanel app, regardless of whether Lifepanel informed of the possibility that such damaged may exist and even in the event of fault, tort (including negligence).

 

In no event shall the liability of Lifepanel, its corporate parents or affiliates, suppliers, agents, or partners exceed the actual retail value of an applicable reward at issue, or if a dispute relates generally to your use of the program, to the fair market retail value of the rewards which your unused, unexpired, non-canceled points are convertible into.

 

Furthermore, the website or the Lifepanel app does not guarantee that it or any other websites that are linked to it are free from computer viruses or any other malicious or impairing computer software. Any software that may be downloaded from a website operated by a third party is the responsibility of that third party. The company accepts no liability for any loss or damage caused by viruses or otherwise arising as a result of you downloading such software.

 

30. Indemnification

 

You agree to indemnify, defend and hold Lifepanel and its parent, subsidiary and affiliate companies, together with their respective officers, directors, owners employees partners and agents harmless from and against any and all claims, losses, damages, liabilities, lawsuits, fines, penalties, costs and/or expenses including but not limited to reasonable attorney’s fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms and Conditions of Use; and/or (ii) your use of, participation in, and/or access to the services offered in our Website or the Lifepanel app.

 

  1. Security

 

Our Website and the Lifepanel app take strict measures to ensure that every aspect of your information is kept secure. All information related to your personal data is being encrypted using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure: while we strive to use commercially accepted means to protect your personal information, we cannot guarantee its absolute security.

ISO 20252 and ISO 27001 certification is already achieved by Sample Solutions and aimed to be accomplished by Q3 2023 for Lifepanel as well.

 

32. Privacy

 

Our website and our mobile app may collect personally identifiable information about you. For more information regarding Lifepanel’s collection, use and disclosure of this information, please refer to our Privacy Policy and Cookie Policy which is incorporated herein by reference and made a part of these Terms and Conditions.

 

33. Applicable law

 

The above Terms and Conditions of use, as well as any amendment to them and any dispute or claim arising out of or in connection to them or their subject matter, are governed and completed by Dutch law.

 

34. Jurisdiction

 

The Courts of The Hague, The Netherlands will have exclusive jurisdiction over any claim arising from, or related to the present Terms and Conditions, and/or your access to, use of or participation in the Services provided through our Website, or the Lifepanel app. If the place of domicile, the habitual residence, or the place of employment of the customer is domestic, an action against him may be based only on the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is situated. This does not apply to legal disputes that have already been arising.

 

35. Arbitration Board

 

In case of disputes, we undertake to participate in the mediation proceedings of the Dutch Internet Ombuds Office. The OS platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr. Our e-mail address: hello@lifepanel.eu.

 

36. Amendments to our Terms and Conditions of use

 

We reserve the right to modify, add or remove terms from the Terms and Conditions of use, at any time and any such modification is effective immediately from the time it gets incorporated in our Website and the Lifepanel app. Users agree to review these Terms and Conditions regularly to ensure they are aware of any such modification. We will also notify users by posting an announcement on our Website and Lifepanel app or by e-mail: Continued access and use of our website and the Lifepanel app after such amendments demonstrates a user’s acceptance of them.

 

37. Miscellaneous

 

These Terms and Conditions of Use including the Cookie and Privacy Policy which is incorporated into them, as well as any additional terms or conditions contained on this website or the Lifepanel app for particular activities and disclosures provided by us, and consent provided by you, constitute the entire agreement between us. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches.

 

38. Translations of the Terms and Conditions

 

The content of the contract, all other information, customer service, data information and right to file a complaint are offered in English or in  the respective country panel language. These Terms and Conditions, along with the Cookie and Privacy Policy that forms the entire agreement between the website and its users, have been translated from English into the official language of each different country in which our website operates. We have done this to make sure that our Terms and Conditions and Cookie and Privacy Policy is clear and accessible to all users of our Website and the Lifepanel app. If there are any conflicts or inconsistencies between the translated versions of these Terms and Conditions and Cookie and Privacy Policy, the English version will prevail to the extent that such conflict is the result of an error in translation.

 

39. Communications

 

Any communications or notices to be given under these Terms and Conditions of Use shall be deemed delivered if sent by e-mail to the last known e-mail address of the panel member. All communications (excluding personal information) and content submitted or transmitted by you to Lifepanel by electronic e-mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically