ACCEPTANCE OF TERMS AND CONDITIONS
Prospect is the exclusive property of IMRB International. By signing up to Prospect, you agree to the terms and conditions herein below.
Through this website IMRB International accesses information that is used for market research purposes. In these Terms of Service, “user” or “you” means any person who has opted in to the Prospect service, whether by websites or mobile apps or participating in any other activities available through the Service.
These Terms of Service (the “Terms of Service” or “Agreement”) sets forth the terms and conditions that apply to the use of this website on which IMRB International provides the Service to Customers. READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), BY INDICATING ACCEPTANCE OF THIS AGREEMENT, ENGAGE IN AN IMRB INTERNATIONAL OPERATED SHOPPER PANEL, OR OTHERWISE USING THE SERVICES, OR BY DOWNLOADING OR INSTALLING AN IMRB INTERNATIONAL APPLICATION, YOU ARE ENTERING INTO THIS AGREEMENT WITH IMRB INTERNATIONAL AND AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE HEREOF. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you may not use the Service or this website, or download or use IMRB International applications. Void where prohibited.
In order to register for the Service, you must enter the required demographic profiling details with us. If you register as a Customer or otherwise use the Service, you represent and warrant to IMRB International that: (i) you are of legal age to form a binding contract; (ii) you will provide IMRB International with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) all such registrations use an actual email address owned and operated by you. IMRB International reserves the right to suspend or terminate your registration, or your access to the Service, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Service under it.
You further represent that you will create and/or use only one Account, and are thereby entitled to the benefits of only one IMRB International registration when using the Service or Reward Program(s). Any creation of additional Account(s) shall be considered a violation of this Agreement. Any such violations may result in fees and penalties as deemed appropriate by IMRB International to rectify such resulting fraudulent use, including immediate termination of your Prospect account(s). By registering for IMRB International, you hereby agree to all penalties that may be applied to your Account in the event IMRB International deems your use of the Service as a violation of this Agreement, or in any way against the intended purpose or interest of the Service or any Rewards Program(s).
Use of IMRB International Services is limited to users who are at least 18 years old, although if you are 13 or more, but not yet 18, you may use this website if your parent or legal guardian agrees to this Agreement on your behalf. Use of the Service is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to use this website, register as a Customer or send personal information to IMRB International
3. Proprietary Materials and Ownership.
The Service and the IMRB International website and online application are the property of IMRB International Without limitation of the foregoing, all the text, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the “Site Content”), and all software embodied in the IMRB International website or mobile application or otherwise used by IMRB International to deliver the Service (“Software”), is proprietary to us or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks “IMRB International”, “Prospect”, and their respective logos are registered or unregistered trademarks of IMRB International, and they may not be used in connection with any service or products other than those provided by IMRB International, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IMRB International The Service also features the trademarks, service marks, and logos of Clients and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
4. License to Use the Service.
Subject to your payment of any applicable fees, IMRB International authorizes you to access, view and use the Site Content and Software (collectively, the “IMRB International Property”) solely to the extent necessary for you to use the Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the IMRB International Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the IMRB International Property, or any portion of the IMRB International Property, is strictly prohibited without the prior written permission of IMRB International
You agree, and represent and warrant, that your use of the Service and the IMRB International Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the IMRB International Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Terms of the Service
5.1 – A reward will be allocated to you on registration within the Prospect panel.
5.2 – Individuals may only open one Prospect account. Attempts by a single person to open multiple accounts may result in suspension of all their accounts and awards.
5.3 –You may be asked to confirm and enter some information about yourself and your household in order to redeem rewards.
5.4 – If you have any questions related to your Awards, Account or the Prospect app, you may use the feedback link located within the website to contact us.
5.5 – Prospect and its parent company, IMRB International Inc., reserve the right to change the Rewards Program at their discretion.
5.6 – All redemption requests will be processed within 7-days of their submission.
5.7 – IMRB International reserves the right to decide who may use the Prospect app.
5.8 – IMRB International Inc. may freeze or eliminate your Prospect Account after three consecutive months of inactivity. This will be at IMRB International Inc.’s discretion.
5.9 – IMRB International Inc. may freeze or eliminate your Prospect account if fraudulent activity is suspected.
6. Third Party Websites.
The IMRB International website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by IMRB International. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
7. Ideas Submitted to IMRB International
IMRB International is pleased to hear from you and welcomes your comments about the Service. If you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of IMRB International. None of the Service Comments will be subject to any obligation of confidence on the part of IMRB International, and IMRB International will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, IMRB International will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
8. Warranty Exclusions and Limitations of Liability.
Because we do not control the security of the Internet, or other networks you use to access the microsite, IMRB International is not responsible for the security of information that you choose to communicate with IMRB International and the microsite while it is being transmitted. Additionally, IMRB International is not responsible for any data lost during transmission. Customer’s sole and exclusive remedy, and IMRB International’s sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at IMRB International’s option) to remedy the failure or to give a credit to the Customer the amount owed as an Award under a Rewards Program. (Individual Customer contracts with IMRB International may include remedy terms which supersede those listed above.) IMRB INTERNATIONAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND IMRB INTERNATIONAL PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR IMRB INTERNATIONAL PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE IMRB INTERNATIONAL PROPERTY. No advice or information, whether oral or written, obtained by you from IMRB International or through the Service will create any warranty not expressly stated herein. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM IMRB INTERNATIONAL ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR IMRB INTERNATIONAL PROPERTY, EVEN IF IMRB INTERNATIONAL HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IMRB INTERNATIONAL’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF THE AMOUNT OWED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties. If a matter arises that cannot be resolved between you and IMRB International with reasonable effort, you agree that all such disagreements or disputes that in any way involves the Program or this Agreement shall be resolved exclusively by final and binding administration by the representative arbitration association in India, and will be conducted before an arbiter pursuant to the applicable Rules and Procedures established by the appropriate authorities. You agree that the arbitration shall be held in Mumbai, India and You agree that the arbiter will apply the laws of this Mumbai, India, and will honour and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between You and IMRB International. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid.
11. Suspension, Modifications and Termination.
IMRB International reserves the right to suspend your registration to the Service at any time if it believes you are in breach of this Agreement. IMRB International reserves the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time, with or without notice to you. Any such termination will not affect any Incentives you have earned prior to termination. If you earn an Incentive or use the Service, you shall be bound by the version of the Agreement in effect at the time of your purchase. If we make changes that materially affect your use of the Program or Services, we will post a notice of the change on the IMRB International website. You are under an obligation to review the current version of this Agreement and other published IMRB International policies before using the Service.
12. Force Majeure
In no event shall IMRB International be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside IMRB International’s reasonable control.
13. Third Party Beneficiaries
The provisions of this Agreement are entered into for the benefit of IMRB International and its third party licensors and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
14. Miscellaneous Provisions.
No delay or omission by IMRB International in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by IMRB International of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with whom IMRB International has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and IMRB International regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes in writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. You agree to act in a way that complies with the letter and spirit of this Agreement and the terms of any Loyalty Program, and you understand that failure to do so can result in your immediate deletion of your IMRB International account.
15. Choice of Law.
Any disputes arising out of or related to this Agreement and/or the Program shall be governed by the laws of Mumbai, India.