Terms and Conditions

Introduction

 

Welcome to Vocal Views. When you access our website, you agree to our terms and conditions, so please take a few moments to read these Terms of Use.

By using our website, you are entering into a legally binding agreement.

Please read these terms and conditions carefully before you start to use our website at https://vocalviews.com and any subdomain (the “​Website​”). You may wish to print a copy of these Terms of Use for your future reference.

 

Section A – General

1. General

1.1. These Terms of Use, together with the documents referred to within, regulate the use of our Website and define the legally binding terms on which you access, browse, register or otherwise use the Website and receive the services, (the “​Services​”). The Terms of Use apply to all users of the Website, including without limitation guests, Consumers (“​members​”), Clients (“​Client​”), Supplier (“​Moderator​” & “Linguist”) and contributors of any content, material, information or services on the Website.

1.2. By using our Website in any manner, you confirm that you accept these Terms of Use and that you agree to comply with and be bound by them. You understand that breach of any of these Terms of Use may result in your rights to use the Services on the Website being restricted, suspended or withdrawn.

1.3. If you do not agree to these Terms of Use, you must not access the Website or use the Services.

1.4. We may amend these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they will be binding on you. These Terms of Use were last updated on January 28th, 2020.

 

2. Other Applicable Terms

These Terms of Use also refer to the following additional terms, which also apply to your use of our Website, as well as any other operating rules, policies or procedures that may be published from time to time on the Website, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time:

– For Clients and Suppliers only, the Special Conditions of Use https://vocalviews.com/client-terms and https://vocalviews.com/supplier-terms ​, which accompany these Terms of Use and take precedence over them in the event of any conflict (the “​Special Conditions of Use​”).

For every User of the Website, the ​Data Privacy Policy relating to the processing of personal data by the Company and the use of cookies on the Website, which accompany these Terms of Use and take precedence over them in the event of any conflict (the “​Data Privacy Policy​”).

 

3. About

3.1. The Website is a site owned and operated by Vocal Views Ltd, a private limited company registered in England and Wales with registered number 09072741, and registered address 2 Church Street, Burnham, (the “​Company​”, “​We​”, “​Us​”). Our VAT number is 205506344.

3.2. Our contact details are as follows:

Postal address: Vocal Views Ltd, Chocolate Studios, 7 Shepherdess Place, N17LJ Phone number: +44 20 8004 8099

Email: ​[email protected]

 

4. About the Website

4.1. The Website is an online marketplace allowing users who comply with our Terms of Use to create and participate in Market Research projects. Once registered, users can create personal profiles, interact with other Members and use other services on the Website. Clients are responsible for overseeing the Market Research project / interview, coordinating the payment of incentives to Members and paying supplier fees.

4.2. The purpose of creating Market Research projects / interviews is to provide clients with feedback / data and provide members with the opportunity to share feedback in relation to products and services in exchange for a monetary incentive.

4.3. We operate the platform and implement the tools and technical means to enable this relationship, but any contract for sale is made directly between the Member, Supplier and the Client. We do not have possession of any Products offered for sale and are not directly involved in the transactions between Client, Suppliers and Members. The Company is not part of the contract of sale between Members, Suppliers and Clients, nor any other contract concluded between Users of the Website. The Company accepts no liability for any issues which may arise during the conclusion of these contracts.

4.4. We do not review Clients’ offers or content on the Website. We have no control over and do not guarantee the existence, quality, safety or legality of projects / interviews advertised; the truth or accuracy of Clients’ Incentive offers, the ability of Client is to provide the Projects / Interviews; the ability of Members to Apply for the projects / interviews and participate if invited, the smooth functioning of projects / interviews, or the proper implementation of the contracts entered into between Members, Suppliers and Consumers. We do not provide a guarantee to Clients or Suppliers regarding market outlets or the volume of members and shall not be liable to Suppliers or Members for any guarantee regarding the number and the diversity of Clients / Projects / Interviews.

4.5. We do not provide any undertaking regarding, (i) the compliance of incentives with applicable laws and regulations; (ii) the compliance of projects / interviews with applicable laws and regulations, including their content and/or naming.

4.6. We cannot give any undertaking, that projects / interviews created by or on behalf of clients through the Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Client.

Where you accept to participate in a project / interview or provide services through the Website we may disclose your customer information related to that project / interview to the relevant Client.

 

5.Accessing our Website and Services

5.1. Our Website is made available free of charge to all users, save that the Company paid by the client.

5.2. We do not guarantee that our Website, any Content or any of the Services, will always be available or be uninterrupted, or fault-free. Access to our Website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice at any time. We will not be liable to any user of the Website if for any reason the Website is unavailable at any time or for any period. Please note that content on our Website may be out of date at any given time and we are under no obligation to update it.

5.3. We do not guarantee that our Website, or any Content on it will be free from errors or omissions.

5.4. You are responsible for making all arrangements necessary to have access to our site and are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

 

6. Membership and Registration

6.1. Our Services are available only to, and may only be used by, individuals who are 16 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 16 years old and that all registration information you submit is accurate and truthful.

6.2. Users who fulfil the requirements above and wish to participate in a project / Interview must first register an account to become a Member of the Website (“​Account​”), in accordance with clause 6.3 below, by completing all required fields on the Website registration form found here: https://live.vocalviews.com/sign-up .

6.3. In order to register for an Account, you must provide a full name, email address, postcode and town, and secure password, which you may update at any time via the Website. You are solely responsible for keeping your log in details (including your password) confidential and must not disclose it or share it with anyone. You will be responsible for all activity that takes place using your log in details. In the event of theft, loss, fraud or unauthorised use of a user’s password or account, you must contact us immediately at [email protected]. In such circumstances, we reserve the right to take any measures we deem appropriate.

6.4. Once registered for a Consumer Account, you will then be able to apply for available interviews, by completing the screener attached to the interview. In the event that there are no suitable Projects / Interviews, you are free to de-register from the Website, but if you choose not to de-register, your Account will remain active, you will continue to receive newsletters and emails informing you of new project / interviews (provided you have not opted out via your account settings page) and you will be able to apply to participate any time in future.

Once registered for a Client account, Vocal Views, will manually review your account and verify based on the information provided. If verified, you will be able to add funds to your e-wallet, create project / interviews and invite members to participate.

Once registered for a Supplier account (Moderator / linguist) Vocal Views, will manually review your account and verify based on the information provided. If verified, you will be able to advertise your services to clients. . In the event that there are no suitable Projects / Interviews, you are free to de-register from the Website, but if you choose not to de-register, your Account will remain active, you will continue to receive newsletters and emails informing you of new project / interviews (provided you have not opted out via your account settings page) and you will be able to apply to supply services to the client at any time in future.

6.5. Where we have reason to suspect or believe that there has or is likely to be a security breach or other misuse of the Website, we reserve the right to require you to change your password. Failure to do so may result in us suspending or deleting your account.

 

6.6. As a user, you:

6.6.1. represent and undertake that all Account information provided is accurate, up to date, honest and not misleading;

6.6.2. commit to updating your Account information as and when it changes; and

6.6.3. accept sole responsibility for any direct or indirect adverse consequences caused by the inaccuracy of this information or failure to update this information.

6.7. The information submitted to create or update an Account constitutes a proof of your identity. We reserve the right to verify, at any time, the accuracy of the information provided and to ask you for any additional documentation or information for the purpose of identity verification.

6.8 Shall not register with Vocal Views more than once.

6.9 Will not attempt to answer a survey more than once, either by using more than one name or more than one email address to enter into a survey.

6.10 Having agreed to attend a focus group or interview make sure you arrive at least 20 minutes (or earlier if so advised) before the group or interview starts.

6.11 Notify organiser at the earliest possible moment should you be unable to attend a protect / interview.

6.12 Will be honest in their approach to the research, for example they will not provide confusing or meaningless answers.

6.13 Agree to be audio or visually recorded for Market Research purposes; usually done to enable the client to study the groups responses in more depth.

 

7. How to de-register

7.1. You can at any time decide to terminate your membership

through the settings Page in your Account.

7.2. In addition, you can unsubscribe from the Website at any time by sending an email to [email protected]. We will send you confirmation that your account has been cancelled, after which point you will no longer have access to the account. Please refer to our privacy policy for further information in relation to potentially retained data. Created Projects / Interviews and Participation before unsubscribing will nevertheless be carried out and you will be bound by the terms and conditions of the Order as if you were a Member, until the Order is completed.

 

8. Payments on our Website

8.1. All payments made on the Website are processed by a third party payment handler, MANGOPAY SA, 59 Boulevard Royal, L-2449 Luxembourg, listed under number B173459, a registered e-money company which provides services for the issuing, use and management of e-money (“​Payment ​Service​”). To create projects / interviews, supply Market Research services and participate in the projects / interviews, Clients, Members and Suppliers must register and create an electronic wallet account (“​Electronic​ ​Wallet​”), with the Payment Service.

8.2. By having an Account, users agree to be bound by the Terms and Conditions of the Payment service ​https://vocalviews.com/payment-terms​. In the event of any conflict between the Terms and Conditions of the Payment Service on the one hand, and these Terms of Use and/or the Special Conditions of Use on the other, the latter will take precedence, with the exception of where applicable law demands the application of the Terms and Conditions of the Payment Service.

8.3. The Payment service is solely responsible for these transactions.

 

9. Uploading Content onto our Website

9.1. Whenever you make use of a feature that allows the upload of content of any nature (including written, visual, audio, video or other content, including any offer of Project / Interviews made by Clients) (“​Content​”) to our Website, or make contact with other users of our Website (such as via the Video Conference rooms on the Website (the “​Web Cam Groups​”) and the private messaging space (the “​Message Section​”), you must comply with the rules set out in these Terms of Use.

9.2. You are solely responsible for the interaction with others on the Website and for all Content you choose to upload to the Website, which means that if you provide Content in breach of these terms, you may be required to compensate anyone who suffers as a result. Accordingly, you must ensure to respect the usual rules of moderation, politeness, and cordiality with regard to any interaction with other users or exchange of Content on the Website.

9.3. Please use your common sense when uploading Content onto public spaces such as the Web Cam Groups​ in particular when giving out personal details. For example, do not send someone your bank account or credit card details.

9.4. You must not use the Website to knowingly harass, threaten, intimidate, blackmail or otherwise abuse another user and if someone asks you not to contact them again, you must not contact them via the Website again.

9.5. You must not use messages to send unsolicited advertising or promotions, requests for donations or “spam”, or pass on email addresses or any other information on to third parties. You must not share contact information through the messages page of using any tool of the website, including the messages page, communication must be carried out through the website and not via any other external communication channel.

9.6. The Message page is like a private email service restricted only to users of the Website, which provides you with a means to communicate with other users of the Website. Any Content sent to any other user through the private Message Space will be considered private correspondence, for which the sender will be solely responsible.

9.7. Users are expressly informed and agree that we may access at any time, messages exchanged through the Message page, and use them, if necessary, to protect our rights in particular in the context of legal proceedings.

9.8. You undertake to us that you possess all the rights and authorisations necessary for the publication of any Content uploaded onto the Website and that the Content does not infringe any third-party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately and/or provide your identity to any third party who is claiming that any such content constitutes a violation of their intellectual property rights, or rights to privacy.

9.9. You grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such licence to use the Content you add to our Website, throughout the world in any media, including, for example, for our campaigning purposes or marketing materials. We will not use your Content for marketing or publicity purposes without first contacting you for your permission.

9.10. You agree to allow the Company to store or re-format your Content on the Website and display your content on the Website in any way we choose. We will only use personal information in accordance with our Data Privacy Policy.

9.11. You agree only to publish Content that is lawful, does not harm public Order, decency or the rights of a third party, does not violate any law or regulation and more generally, which is not likely to expose us to civil or criminal liability.

9.12. We act only as a hosting service provider and have no knowledge or control of the Content published by users in the context of the Services. Views expressed by individuals on our Website do not represent the views of the Company. We do not moderate, select, verify or control in any way the Content and we accept no liability for the Content posted by third parties. All complaints must be directed in the first instance to the author of the Content in question (Client). You may, however, notify us of any Content related complaints at ​[email protected]

9.13. We reserve the right to remove material posted on the video conference section(or any other public space on the Website) and to contact you in the event that there are concerns about the content you have contributed. If we believe that any material placed on the video conference section (or any other public space on the Website) by you is unlawful we may contact the relevant authority.

 

10. Prohibited Use of the Website

10.1. You must not use the Website for disseminating any of the following Content (this list is – not exhaustive):

Content, which is unlawful, harassing, pornographic, sexist, obscene, indecent, shocking, abusive, threatening, inappropriate for family viewing, vulgar, libellous, defamatory, injurious, violent, racist, xenophobic, or Holocaust denying;

dishonest, misleading Content, or Content which offers or promotes unlawful, fraudulent or dishonest activities;

material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

Content which is harmful to the IT systems of third parties (such as viruses, worms, Trojan Horses etc.); or

more generally, Content which is likely to violate the rights of a third party (including intellectual property rights, image rights, etc.) or to be prejudicial to third parties, in any manner or form.

10.2. In addition, you must not use the Website for any of the following purposes (this list is not exhaustive):

– transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;

– gaining unauthorised access to other computer systems;

– interfering with any other person’s use or enjoyment of the Website;

– impersonating another person or otherwise mislead as to the origin of

Content;

– the carrying out of illegal or fraudulent activities, or any activity violating the

rights or safety of third parties;

– the violation of public Order or of applicable laws and regulations;

– intrusion of a third party’s IT system, or any activity likely to harm, control,

interfere with or intercept part or all of a third party’s IT system, or to violate

its integrity or safety;

– the sending of unsolicited emails, and/or marketing or commercial

solicitation emails;

– manipulations aimed at improving the indexing of a third-party website;

– the collection and aggregation of any information present on the Website

without the Company’s expressly given authorisation;

– the assistance or incitement, in any manner or form, of one or several of the

aforementioned acts and activities; or

– more generally, any practice aiming to divert the Services to purposes other than those for which they have been created.

 

10.3. It is strictly forbidden for Users to copy and/or divert for their own purposes or those of a third party the concept, technologies or any other element of the Website.

10.4. Equally strictly forbidden are: (i) all behaviours likely to interrupt, suspend, slow or impede the Services’ continuity; (ii) all intrusions or attempts to intrude into the Company’s systems; (iii) all actions likely to divert the resources of the Website; (iv)all actions likely to impose a disproportionate burden on the Website’s infrastructures; (v) all violations of security or authentication measures; (vi) all acts likely to violate the rights and financial, commercial, or moral interests of the Company or of the Website’s Users; (vii) all actions aimed at suppressing, hiding or displacing the advertisements or promotional messages found on the Website; and (viii) any breaches of these general terms and conditions.

10.5. It is strictly forbidden to trade, sell or grant all or part of the access to the Services or to the Website, as well as to the information which is hosted and/or shared on it.

10.6. You warrant that any Content you upload, and your use of the Website complies with the standards set out in these Terms of Use, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

11. Intellectual Property

11.1. We are the owner of all intellectual property rights in the Website and any materials published on it. These rights are protected by copyright laws and treaties around the world. All such rights are reserved. You may only access and use the materials for personal use and you may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the materials (or authorise others to) for commercial gain, without a licence to do so from us.

11.2. We own or are the licensee of all rights, titles, interests, in and to the Website, including all rights under patents, copyrights, data base rights, design rights, trade secrets, trademarks, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Any disassembling, decompilation, decryption, extraction, re-use, copying, or more generally any act of reproduction, representation, transmission or use of any of these elements, in part or in whole, without the authorisation of the Company is strictly forbidden and may be subject to legal action.

 

12. Non-reliance

12.1. The Content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.

12.2. We have no obligation to verify the content of such information or to edit any such information provided by third parties.

 

13. Limitation of Liability

 

13.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

13.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

13.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

– use of, or inability to use, our Website; or

– use of or reliance on any Content displayed on our Website.

13.4. In respect of Client and Suppliers only, please note that in particular, we will not be liable for:

– loss of profits, sales, business, or revenue;

– business interruption;

– loss of anticipated savings;

– loss of business opportunity, goodwill or reputation; or

– any indirect or consequential loss or damage.

13.5. If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

13.7. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

14. Viruses

14.1. We do not guarantee that our Website will be secure or free from bugs or viruses.

14.2. You are responsible for configuring your information technology, computer programmes and platform in Order to access our Website. You should use your own virus protection software.

14.3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

15. Linking to Our Website

15.1. You may link to our home page, provided you do so in a way that is fair and legal

and does not damage our reputation or take advantage of it.

15.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.3. You must not establish a link to our Website in any website that is not owned by you.

15.4. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page or a project / interview page.

15.5. We reserve the right to withdraw linking permission without notice.

15.6. The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use.

15.7. If you wish to make any use of content on our site other than that set out above,

please contact ​[email protected]​.

 

16. Third Party Links

16.1. We can under no circumstances be held responsible for the technical availability of third-party websites from which you gain access via the Website.

16.2. We accept no liability for content, advertising, products and/or services available on such third-party websites and we are not responsible for any transaction occurring between you and a third-party website.

 

17. Advertising

We reserve the right to insert on any page of the Website or in any communication with users any form of advertising or commercial message. You understand that we may transmit any advertising content or promotional content on the Website and in its communication with you or other users.

 

18. Waiver

Any failure by us to require strict performance of any of your obligations under these Terms of Use, and any failure by us to exercise any of the rights or remedies to which we are entitled, shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

19. Severability

If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

20. Indemnity

If you are accessing the Website in the course of a business, you will indemnify and hold harmless the Company against any charges, complaints, actions and/or claims for which the Company could be held liable following any violation by you of any one of your obligations under these Terms of Use, and/or the Special Conditions of Use to the extent they apply and you undertake to compensate us for any liabilities to which it could be subject and to pay for all the fees, charges and/or sentences to which we could be subject as a result.

 

21. Personal data

The Company collects and processes Users’ personal data. For further details, every User is invited to read the Website’s ​Data Privacy Policy carefully (the “​Privacy Policy​”). Under current regulation, in particular the EU Regulation 2016/679 of 27th April 2016, known as the general data protection regulation (the “​GDPR​”), Users have a right to access, to rectification, to erasure and to portability of the data relating to them and shall also, on grounds relating to their particular situation, have the right to object to processing and, in the cases provided by law, the right to restriction of processing the data related to them. For them to exercise these rights, the Company asks Users to send an email to ​[email protected] or a mail to the address mentioned in Article 3.1 and/or contact the Company’s Data protection officer, by sending an e-mail to ​[email protected]

 

22. Sanctions of breaches

22.1. In the event of any breach of these Terms of Use (and/or of the Special Conditions of Use to the extent they apply) or violation of applicable laws or regulations, we

reserve

the right to take any appropriate measure, including without limitation:

1. a) suspending or terminating access to all or part of the Services of the User who committed the breach or offence and any User who participated in any such breach;
2. b) removing any content published on the Website;
3. c) publishing on the Website any notice that the Company deems useful;
4. d) alerting all relevant authorities; and/or
5. e) taking legal action.

22.2. Any suspension or termination shall take full effect on the date we send the communication to the User and the User’s account will be automatically cancelled without further notice; without prejudice of any other rights we may have.

 

23. Cancellation due to illness

23.1 If you fall ill or unwell during a research session, Vocal Views will decide whether you will receive an incentive, partial incentive or no incentive at all.

 

24. Referral Fees

24.1 Referral fees can take up to 30 days to be processed depending on the complexity and dynamics of the study. For information on a project by project basis, please contact one of our project managers.

 

25. Incentive Payment method

25.1 Incentives are paid into the system by the project organiser, prior to launching a project. Funds are held in the cloud until the project is complete. Upon completion and confirmation of successful participation, the organiser will release incentives to the Vocal Views e-wallets of each participant. Once the funds are released by the organiser, and received by the participant, the Vocal Views system provides the option to withdraw funds to a bank account, to do this, you must first verify your account and identity(KYC).

 

26. KYC

26.1. You will need to confirm your identity by uploading a copy of either; National ID Card, Passport or Driving Licence. You will only need to verify your accounts once.

The duration for verification varies between 1 hour – 4 days.

 

26.2. Any document which does not respect the rules in the table below will be refused. Documents must be clear and readable (especially the MRZ band), complete (both sides) and not expired.

Country of the user	Accepted documents
Member of the EU	Passport, driving license, national ID card, residence permit
Member of the EU + Canada, USA, UK	Passport, driving license
International	Passport

 

27. Incentive Payout Duration

28. Applicable law and jurisdiction

These general terms and conditions are governed by English law. In the event of a dispute regarding the validity, interpretation and/or execution of these general terms and conditions, the parties submit to the exclusive jurisdiction of the English court