The e-Rewards® Medical Market Research Programme ("e-Rewards Medical Programme") is owned by Dynata Global UK Limited (f/k/a Research Now Limited), a company incorporated in England and Wales under company registration number 03975073 located at Devon House 58 St. Katharine's Way, E1W 1JP, London, United Kingdom ("Dynata"). The e-Rewards Medical Programme is provided subject to compliance with the terms and conditions of this member agreement ("Member Agreement").
Please read this Member Agreement carefully before accessing or using the e-Rewards Medical Programme. By accessing or using the e-Rewards Medical Programme or ticking the "I accept" button when registering, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them.
If you do not agree to the terms and conditions set forth below, you may not use the e-Rewards Medical Programme. If you use the e-Rewards Medical Programme, you acknowledge and agree that this Member Agreement is a legally binding contract between you and Dynata. Dynata may modify the terms and conditions in this Member Agreement as described below. You agree to review the Member Agreement often to familiarise yourself with such modifications.
The e-Rewards Medical Programme is limited to individuals only; corporations or other business entities may not become Members.
The e-Rewards Medical Programme is limited to healthcare professionals. Dynata reserves the right to use third-party data and/or services to validate a Member's status as a healthcare professional.
The e-Rewards Medical Programme is limited to one (1) account per individual, even if the individual has multiple email addresses.
Employees of Dynata or any of its parent or affiliate companies and members of their household are not permitted to participate in the e-Rewards Medical Programme.
Automated services, scripts or other machines are not eligible. Members using automated services, scripts or other processes to participate in Dynata surveys may have their membership terminated at Dynata's sole discretion.
Members must be eighteen (18) years of age or older to be eligible for the e-Rewards Medical Programme.
Members must be legal residents of the United Kingdom to be eligible for the e-Rewards Medical Programme.
Members may only participate in surveys when physically located in the country of residence specified during enrolment into the e-Rewards Medical Programme.
If a Member is subject to licensing or registration requirements by any healthcare profession regulator or governing body and the Member loses his/her licensed or registered status, the Member may become ineligible to participate in the e-Rewards Medical Programme.
Member Registration Obligations
Equipment. In order to access and use the e-Rewards Medical Programme, the Member needs computer and telecommunications access necessary to connect to and access the Internet. The Member must provide, at Member's own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees (such as ISP charges) necessary to access the e-Rewards Medical Programme and any future enhancements or additional services.
Registration Data. In consideration of use of the e-Rewards Medical Programme, the Member agrees to provide to Dynata and its third-party partners true, accurate, current and complete information as prompted by this website's online registration form (the "Registration Data") and agree to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current and complete. If the Member provides any information that is untrue, inaccurate, not current or incomplete, Dynata may suspend or terminate the Member's membership immediately and may refuse the Member all current or future use of the e-Rewards Medical Programme.
Member's Account Access Rights & Responsibilities
In order to prevent unauthorised activity or access to the e-Rewards Medical Programme, the Member must give the e-Rewards Medical Programme his/her email address in order to update Member profile information, update personal information (name, email address, etc.) and earn cash incentives.
The Member is responsible for keeping his/her email address confidential, and is solely responsible for all activities that occur under the Member's email address, including all unauthorised activities.
The Member agrees to notify Dynata immediately of any unauthorised use of his/her email address or any other breach of security related to this website or the e-Rewards Medical Programme.
The Member agrees to abide by all applicable laws and regulations with respect to the Member's account.
Dynata Account Access Rights & Responsibilities
Dynata is entitled to act on instructions received under the Member's email address.
Dynata cannot and will not be liable for any loss or damage arising from the Member's failure to adequately safeguard the Member's email address, provided that such results are not attributable to a failure of Dynata, including but not limited to Dynata's fraud or gross negligence.
The Member agrees to accept personalised information, offers and invitations to answer surveys from Dynata or its third-party clients ("Client(s)") via email, facsimile and direct (physical) mail.
Member can earn a reward each time Member responds to an invitation to participate in a market research survey.
The reward amount that can be earned will be stipulated in each invitation.
Member acknowledges that he/she may not be eligible to receive invitations to certain surveys.
When Member completes a survey offering a reward, Member will earn the reward amount stated in the survey invitation.
Reward options are redeemable from the Reward Center only. Member may choose from a virtual e-Rewards® Medical Prepaid Mastercard® (ready for use instantly), a physical Mastercard Prepaid Card (which will be mailed to the Member within 5-7 business days), or save ("bank") the reward for later. Any reward balance that is banked in the Reward Center will remain available and may be redeemed at any time.
Payment will be in sterling pound.
Dynata SSI is not responsible for expired, lost, missing, or undelivered rewards.
Member may request a lost or missing reward be reissued no more than ninety (90) days after completion of the qualifying survey.
Once an e-Rewards® Medical Prepaid Mastercard depleted, no adjustments will be made and the reward will not be reissued.
By completing the registration process and utilising the e-Rewards Medical programme, the Member acknowledges and agrees that Dynata is not a bank or any other kind or form of financial institution and that Dynata does not maintain the Member's account for any purpose other than those specified herein. The Member further agrees that the incentive credited to his/her account are only account entries that entitle the Member to the amount of the credited incentive in accordance with these terms and conditions.
The Member may be required under law to pay taxes on the incentive he/she earns. The Member acknowledges that Dynata may supply information to tax agencies, or withhold taxes, at the request of those agencies or as it in its sole discretion deems appropriate. The Member acknowledges and agrees that he/she will provide Dynata with any additional personal information that Dynata needs to comply with any reporting or withholding obligations. The Member's failure to provide such information within thirty (30) days of a request sent by Dynata to the primary mailing address registered at that time may result in the delay of payment of the Member's incentive.
Participation in Surveys
Member's Participation in Dynata and Client Surveys Rights & Responsibilities
The Member's participation in Dynata and Client surveys is solely at the Member's discretion. Dynata will not be in any way responsible for personally identifiable information that the Member may voluntarily share with the Client in the course of answering a survey.
The Member is responsible for complying with any rules or terms set forth by the Client.
Dynata's Participation in Client Surveys Rights & Responsibilities
Dynata assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by Clients or any part thereof.
Dynata assumes no liability, obligation or responsibility for, and makes no warranty with respect to, the transactions between Member and Client, including but not limited to:
Fulfilment and timeliness of delivery of Client goods or services.
Security associated with credit card or other transactions directly initiated by the Member with the Client.
Maintenance of privacy of any personal information given by the Member directly to the Client.
The Member agrees that Dynata shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Clients, or as the result of the presence of such Clients’ websites on this website or via the e-Rewards Medical Programme.
The limitations and exclusions in Section b above shall apply to the maximum extent permitted under English Law.
Proprietary Rights to Content
Member acknowledges that the content of this website and the e-Rewards Medical Programme - including but not limited to text, sound, photographs, graphics, software or other material contained in either Dynata or Client email communications, services or software - is copyrighted by Dynata and/or its licensors and suppliers under United Kingdom and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Dynata or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Dynata and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Dynata or its Clients may be downloaded onto a single computer for the Member's personal use in accordance with this section. The Member must abide by all copyright notices, information or restrictions contained in or attached to any such content.
The Member may use Dynata's or the Client's content, service or software only as expressly authorised by Dynata or the Client.
The Member acknowledges and agrees that the e-Rewards Medical Programme and any necessary software provided by Dynata, its Clients or other third-party partners and used in connection with the e-Rewards Medical Programme ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Dynata grants the Member a personal, non-transferable and non-exclusive right and licence to use the object code of any such Software on a single computer and solely in connection with the Member's use of this website and the e-Rewards Medical Programme; provided that the Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sub-license, grant a security interest in, or otherwise transfer any right in any such Software. The interface information necessary to achieve interoperability of the Software with independently created computer programmes (if relevant) will be provided by Dynata on request on payment of its reasonable costs and expenses for procuring and supplying such information.
The Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorised access to the e-Rewards Medical Programme. The Member agrees not to access the e-Rewards Medical Programme by any means other than through the interface that is provided by Dynata for such use.
The Member may make back-up copies of the Software as necessary for its lawful use.
The Member agrees not to use the e-Rewards Medical Programme or this website to:
Violate any local, state, national or international law;
Stalk, harass or harm another individual;
Collect or store personal data about other Members;
Impersonate any person, or otherwise misrepresent the Member's identity;
Interfere with, disrupt or violate the terms and conditions and operating rules of the e-Rewards Medical Programme or servers or networks connected to the e-Rewards Medical Programme; or disobey any requirements, procedures, policies or regulations of such networks;
Interfere with another Member's use of the e-Rewards Medical Programme;
Attempt to gain unauthorised access to the e-Rewards Medical Programme, or to computer systems or networks connected to the e-Rewards Medical Programme;
Transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features;
Use the e-Rewards Medical Programme to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the e-Rewards Medical Programme to others.
The Member agrees to provide truthful and well considered answers to all survey questions.
Dynata reserves the right to withhold awarding incentive to the Member if the Member's survey question responses are judged, by Dynata at its sole discretion, to be untruthful or not well considered.
Deactivation of Dormant Members
Dormant Member Definition. A Member is “dormant” if he/she does not participate in an e-Rewards Medical Programme survey for more than three hundred and sixty five (365) days from either activating their account or from the date of completing an e-Rewards Medical Programme survey.
A Dormant Member will be deactivated (“Deactivated Dormant Member”) and will be denied access to the e-Rewards Medical Programme.
If a Deactivated Dormant Member wishes to participate in the e-Rewards Medical Programme, he/she must re-enrol.
This Member Agreement commences upon the Member's acceptance of this Member Agreement and completion of the registration process. This Member Agreement, and the Member's account, may be terminated as follows:
By Member. The Member may terminate membership in the e-Rewards Medical Programme at any time. The Member's termination of the e-Rewards Medical Programme is effective upon the Member terminating his/her membership on this website.
By Dynata. Dynata may terminate this Member Agreement and the Member's use of the e-Rewards Medical Programme, and remove and discard any Member content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data; failure to provide accurate or truthful survey responses; or if Dynata believes that the Member has violated or acted inconsistently with the letter or spirit of this Member Agreement.
Effect of Termination. Upon termination by either Member or Dynata:
Dynata may immediately deactivate or delete the Member's membership and all related information and files and/or bar any further access to such files or the e-Rewards Medical Programme.
The Member's right to use the e-Rewards Medical Programme ceases immediately.
Should the Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with the e-Rewards Medical Programme, the Member's only recourse is to:
Immediately discontinue use of the e-Rewards Medical Programme, and
Properly terminate membership in the e-Rewards Medical Programme (see item (a)(i) above).
The Member agrees that Dynata shall not be liable to the Member or to any third party for any termination of the Member's membership or the Member's access to the e-Rewards Medical Programme.
The Member may elect to discontinue receiving electronic communication from Dynata without terminating the Member's account by clicking on the unsubscribe link found at the bottom of electronic communications from Dynata.
Survival. Any provision that by its nature or context is contemplated to survive termination shall survive any termination of this Member Agreement.
Modifications to Terms & Conditions
Dynata reserves the right to modify this Member Agreement at any time without prior notice. Dynata may notify the Member of changes to this Member Agreement via email and/or by posting a notice on the e-Rewards Medical Programme website.
Dynata may discontinue, add to or revise any or all aspects of the e-Rewards Medical Programme in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to the e-Rewards Medical Programme or membership.
If the Member objects to any changes, the Member's sole recourse shall be to cease using the e-Rewards Medical Programme. The Member's continuing use of the e-Rewards Medical Programme after notification of any such change(s) constitutes conclusive evidence of the Member's acknowledgement of the modification to this Member Agreement and the Member's agreement to be bound by such change(s).
Any new or additional features of the e-Rewards Medical Programme shall be subject to this Member Agreement.
Except as provided in the "Modifications to Terms & Conditions" section with respect to modifications of this Member Agreement, Dynata may deliver notices to the Member by prepaid certified mail, return receipt requested at the address in Dynata's database or via email at the email address in Dynata's database; any such notice shall be deemed effectively given upon delivery. The Member may give notice to Dynata by prepaid certified mail, return receipt requested at the following address: 160 Queen Victoria Street, London, United Kingdom, EC4V 4BF, Attention: Legal Department, and any such notice shall be effective upon receipt by Dynata.
The provision by Dynata of a link to any website or Internet location is for the Member's convenience only and does not signify Dynata's endorsement of such other site or location or its contents. Dynata shall not be liable for any information, software or links found at any other website, Internet location or source of information, or for the Member's use of such information, software or links.
The Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this website, the e-Rewards Medical Programme, use of the e-Rewards Medical Programme or access to the e-Rewards Medical Programme.
Use and Storage
The Member acknowledges that Dynata may establish general practices and limits concerning use of the e-Rewards Medical Programme, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the e-Rewards Medical Programme, the maximum disk space that will be allotted on Dynata's servers on the Member's behalf and the maximum number of times (and the maximum duration for which) the Member may access the e-Rewards Medical Programme in a given period of time. The Member acknowledges that Dynata reserves the right to terminate accounts that are inactive for twelve (12) months or longer, as defined inactive by Dynata in its sole discretion. The Member further acknowledges that Dynata reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Member agrees that Dynata has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the e-Rewards Medical Programme (to the maximum extent permitted by law).
e-Rewards, the “e” logo and the e-Rewards Medical Design are trademarks of Dynata Global UK Limited (f/k/a Research Now Limited), the parent corporation of Dynata Global UK Limited (f/k/a Research Now Limited). Other e-Rewards or Dynata trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this website or through the e-Rewards Medical Programme, are the property of their respective owners.
Disclaimer of Warranties
The Member agrees that use of the e-Rewards Medical Programme is solely at the risk of the Member.
The e-Rewards Medical Programme and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.
Neither Dynata nor its third-party partners make any warranty, term or condition, express or implied:
With regard to any products, services or gifts obtained by the Member through the e-Rewards Medical Programme or through Clients.
That the e-Rewards Medical Programme will meet the Member's requirements.
That the e-Rewards Medical Programme will be uninterrupted, timely, free of errors or without defects.
As to the results a Member may obtain by using the e-Rewards Medical Programme.
As to the accuracy or reliability of any information obtained via the e-Rewards Medical Programme.
Dynata expressly disclaims any and all express, implied and statutory warranties, terms and conditions regarding the e-Rewards Medical Programme, information, services or goods provided by or through the e-Rewards Medical Programme (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:
The implied warranty or condition of satisfactory quality;
The implied warranties or conditions of fitness for a particular use or purpose;
Dynata cannot and shall not be liable or responsible for those guarantees, warranties, terms, conditions and representations, if any, offered by Clients, manufacturers of merchandise or suppliers of services.
No advice or information, whether oral or written, obtained by a Member from Dynata or via the e-Rewards Medical Programme shall create any warranty, term or condition not expressly made herein.
Because the law applicable to this Member Agreement may not allow the exclusion of certain warranties, terms or conditions, some of the exclusions set out in this section may not apply to the Member. To the extent that Dynata may not, as a matter of applicable law, disclaim any implied warranty, term or condition, the scope and duration of such warranty, term or condition shall be the minimum permitted under the applicable law.
Limitation of Liability
The Member understands that all goods and services offered through the e-Rewards Medical Programme are offered by third parties, and that Dynata does not operate, control or endorse any information, goods or services in any way.
To the maximum extent permitted by law, neither Dynata nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates or other third-party providers shall be held liable for any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of goodwill or reputation, loss of anticipated savings, loss of or damage to or corruption of data, or for any indirect, incidental, special, consequential or exemplary damages or losses resulting from:
The use or inability to use the e-Rewards Medical Programme;
The cost of procurement of substitute goods or services;
Any transaction entered into or through the e-Rewards Medical Programme;
The reliance on or use of any information, goods, services or merchandise provided on the e-Rewards Medical Programme;
Unauthorised access to or alteration of the Member's transmissions or data;
Statements or conduct of any third party;
Any claim attributable to errors, omissions or other inaccuracies in the e-Rewards Medical Programme and/or materials or information retrieved through the e-Rewards Medical Programme; or
Any other matter relating to the e-Rewards Medical Programme or this Member Agreement.
The above limitation is applicable even if Dynata or its authorised representatives have been advised of (or know or should know of) the possibility of such damages.
The Member acknowledges and agrees that Dynata neither endorses the contents of any email or Internet communications nor shall be held responsible or liable for:
The accuracy of material contained in email, Internet or other communications.
Any infringement of third-party intellectual property rights arising from the email, Internet or other communications.
Any fraud or other crime facilitated by the email, Internet, or other communications.
The Member agrees that Dynata is not liable to the Member or to any third party for any modification, suspension or discontinuance of any part or all of the e-Rewards Medical Programme, including changes or discontinuances of service from particular providers to the e-Rewards Medical Programme.
Nothing in this section or otherwise in this Member Agreement shall limit or exclude Dynata's liability for (i) death or personal injury caused by its negligence; (ii) fraud; (iii) breach of terms regarding title implied by section 12 of the Sale of Goods Act 1979 and/or section 2 of the Supply of Goods and Services Act 1982; or (iv) any liability to the extent the same may not be excluded or limited as a matter of law.
Laws and Arbitration
The construction, validity and performance of this Member Agreement and all non-contractual obligations arising from it shall be governed by and construed in accordance with the laws of England. The parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
The Member Agreement constitutes the complete, final and exclusive understanding between Dynata and the Member relating to the subject matter hereof and governs the Member's use of the e-Rewards Medical Programme, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party's only remedy shall be for breach of contract as provided in this Agreement.
The Member may be subject to additional terms and conditions that may apply when the Member obtains or uses third-party content, third-party software or goods and services provided by or through Clients or other third-party partners of e-Rewards Medical Programme.
If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then such provision(s) shall, insofar as it is (they are) severable from the remaining terms, be deemed omitted from this Agreement and all other provisions shall remain in full force and effect.
Dynata's failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dynata in writing.
The Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the e-Rewards Medical Programme or this Member Agreement must be filed within three (3) years after the claim or cause of action arose or be forever barred.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
Dynata may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to the Member.
All headings in this Member Agreement are for convenience only and have no legal effect.
In the event the Member or Dynata elects to resolve any claim or dispute between them by arbitration, neither the Member nor Dynata shall have the right to litigate that claim in court or to have a jury trial on that claim even if all parties have opted to litigate a claim in court. The Member or Dynata may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision.
Neither the Member nor Dynata shall be entitled to join or consolidate claims in arbitration by or against other Members with respect to other accounts, bring mass or consolidated claims in arbitration or arbitrate any claim as a representative or member of a class or in a private attorney general capacity.
The arbitrator shall only have the authority to resolve individual disputes between the Member and Dynata.
Arbitration proceedings are confidential, unless all parties agree otherwise. Arbitration orders and awards are not confidential and may be disclosed by the parties. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions and other case information as required by a court order.
Except as expressly provided in this agreement, a person who is not a party to this Member Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Member Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Member Agreement are not subject to the consent of any other person.
The Member agrees to indemnify and hold harmless Dynata and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients or other partners, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the negligent or wilful violation by the Member (or anyone acting under the Member's account) of this Member Agreement or the use or misuse of the e-Rewards Medical Programme by the Member (or anyone acting under the Member's account), or the violation of any rights of another by the Member (or anyone acting under the Member's account).