Terms and Conditions
Nectar Loyalty Ltd is a company registered in England under company number 4224736 whose registered office is at 80 Strand, 6th Floor, London WC2R 0NN Lumen Research Ltd (“Lumen”) is a company registered in England, company number 8682432. Its registered office is at Unit 320, 22 Highbury Grove, London N5 2EF. Its data protection registration reference is ZA130772.
Together referred to as “Focus Project” for the purposes of the Research.
1. Agreement to terms
Please read this Agreement carefully before registering for the Research. By agreeing to participate in the Research, you acknowledge that you have agreed to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not participate in the Research. We reserve the right to refuse or cancel your participation in the Research. All Members must be registered with the Nectar Programme in order to participate in the Research. Members must be over the age of 18.
2. Nectar Points collection process
You can earn Points by installing the Software and the Device, calibrating the Device, browsing the Internet while the Device is on, and taking part in activities, such as completing surveys or visiting specific websites. You will be invited to take part in such activities via email, or through the Software and Device (via a pop up message in your web browser). Each activity is voluntary. We may add or remove activities available from time to time.
The number of Points you can earn for each stage will be made clear to you prior to participating in the applicable activity. Points will be awarded to your Nectar account within 28 days of completing the activity unless specified otherwise when completing the activity. Points can only be earned through successfully participating in the Research as set out in these Terms and Conditions. Any Points awarded through participation in the Research but not earned in accordance with these Terms and Conditions will be deducted from your Nectar account.
3. Third parties
Nectar may use third party sub-contractors to operate certain activities relating to the Research. These Terms and Conditions apply to such activities and/or websites operated for the purposes of such activities. These third party sub-contractors may have additional terms and conditions which will be made clear to you prior to participating in the applicable activity. The Software and Device are provided on behalf of and remain the property of the Focus Project throughout the period of the Research and will be returned by you when your participation comes to an end.
The Research is managed by us and we follow the Market Research Society Code of Conduct. When participating in any activity, you may have access to content belonging to us, our subcontractors or any other third party (“Proprietary Content”). Such content shall remain the sole and exclusive property of such party, and in no event shall you obtain or receive any right, title and/or interest in such Proprietary Content.
4. Information collected through the Research
5. Software and Device ; restrictions on use:
The Software and the Device are licensed to end users. Subject to this Agreement, we hereby agree to permit you, on a non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to install the Software and the Device on a personal computer that you own or control or a personal computer with respect to which you represent and warrant that you have all necessary rights and permissions for such installation and access and use thereafter (your ”P.C.”); provided that your installation and use of the Software and Device is solely (a) for your personal use in connection with your participation in the Research; and (b) in accordance with each of the restrictions and limitations set forth in this Agreement. If you fail to comply with any of the Terms and Conditions set forth in this Agreement, this Agreement will automatically terminate, whereupon you will immediately (i) cease using the Software and the Device, and (ii) remove (i.e., uninstall and delete) the Software and the Device from your P.C. You are solely responsible for any violation of any applicable laws that results from your failure to abide by the terms of this Agreement.
The installed software will be automatically updated on your P.C. when updates become available.
6. Device Safety and Compliance
Before installing the software and the Device, you agree you have read and understood the information below:
a. Epilepsy Warning
Some people with Photosensitive Epilepsy are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures.
A person with Photosensitive Epilepsy would also be likely to have problems with TV screens, some arcade games and flickering fluorescent bulbs. Such people may have a seizure when watching certain images or patterns on a monitor, or even when exposed to the light sources of an eye tracking device. It is estimated that around 3-5% of people with epilepsy have this type of Photosensitive Epilepsy. Most people with Photosensitive Epilepsy experience a type of “aura” or feel odd sensations before the seizure occurs. If you feel odd during use, move you eye away from the Device.
b. Infrared Warning
When activated, the Device emits pulsed infrared (IR) light. Certain medical devices are susceptible to disturbance from the IR light and/or radiation. Do not use the Device when in the vicinity of such susceptible medical devices as their accuracy or proper functionality could be inhibited.
c. Magnetic Field warning
The Device magnetic mounting contains magnets. Magnetic fields may interfere with the function of cardiac pacemakers and implantable cardioverterdefribrillators. As a general rule, maintain a minimum distance of 6 inches (15 centimetres) between any item with magnets and your heart device.
d. Child Safety
The Device is an advanced computer system and electronic device not suitable for children.
e. Compatibility with other devices
The Device complies with Part 15 of the Federal Communications Commission (FCC) U.S.A. rules. Operation is subject to the following 2 conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
In addition, the Device will use some of your computer’s battery life.
Modifications are not permitted and shall void the users authority to operate the Device under FCC rules.
The Device has been tested and found to comply with limits for a Class B digital device, pursuant to part 15 of the FCC rules. The limits are designed to provide reasonable protection against harmful interference in a residential installation. The Device generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this Device does cause harmful interference to radio or television reception, which can be determined by turning the Device off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
✓ Reorient or relocate the receiving antenna
✓ Increase the separation between Device and receiver
✓ Connect the Device to a wall outlet on a circuit different from that which the receiver is connected
7. Rules of conduct
While using the Software and the Device, you agree to comply with all applicable laws, rules and regulations. Your use of the Software and the Device is conditional on your compliance with the rules of conduct in this section and throughout these Terms and Conditions. You agree not to: (i) copy, modify, adapt, make available, rent, lease, timeshare, create a derivative work of, reverse engineer or attempt to sell or otherwise transfer any right in the Proprietary Content; (ii) use the Proprietary Content for any purpose other than the purpose of the activity as specified by Focus Project; (iii) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute Proprietary Content, or to manipulate the results of any survey or any other activity; (iv) take any action to interfere with the Research or an individual’s participation in the Research including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” the Focus Project website and the data storage system Focus Project use through Amazon Web Services (v) send, to us, and/or to or from the Focus Project website, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code; (vi) open, use, or maintain more than one membership account within the Focus Project Research; (vii) forge or mask your identity; (vii) frame a portion(s) of the Focus Project website within another website or alter the appearance of the Focus Project website; (viii) establish links from any other website to any page of, on, or located within the Focus Project website; (ix) post or transmit any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or content or any material or content that could otherwise violate applicable laws; and (x) intentionally or willfully submit falsified data or commit any other fraudulent act(s), including without limitation attempt to earn Points or redeem Points in any manner conflicting with the intent of these Terms and Conditions.
All rights not expressly granted to you hereunder are reserved to us and our licensors. You agree that we have no obligation under this Agreement or otherwise to correct any bugs, defects or errors in the Software and the Device, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Software and the Device. We will not be responsible for providing assistance to you or your designees in the use of the Software and the Device in any manner.
You are solely liable and responsible for all content, materials, information, and comments, including, without limitation, all pictures, videos, and/or other related or similar content (“User Content”), that you use, upload, post or submit in connection with the Focus Project Research. You are solely responsible for all third party approvals, consents, and/or authorizations required for, or in connection with, User Content. By using, uploading, posting, or submitting User Content in connection with the Focus Project Research, you hereby grant to us a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and/or otherwise use your User Content.
We are not liable for any damage to your P.C. including but not limited to as a result of your plugging in and use of the Device.
We are not liable for any additional data charges incurred by you as a result of the data collected by the Software and Device through your participation in the Research.
All communications and submissions of User Content, by you to us shall be treated as nonconfidential and non-proprietary information. You agree that we may use any such communications and User Content for any reason.
We may make changes to these Terms and Conditions at any time and we shall use reasonable efforts to inform Members of such changes and participating in Research activities will constitute acceptance of revised Terms and Conditions. We may suspend or terminate the Research and will provide notice where possible. We may suspend or terminate your Research account at any time if you breach these Terms and Conditions. You agree to indemnify, defend and hold us, our subcontractors, and our respective parents, affiliates and subsidiaries harmless from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable legal fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly,: (i) your breach or violation of these Terms and Conditions; and/or (ii) any actions taken by any individual accessing your account, with or without your consent, including, but not limited to, disclosing or changing any account access controls and any actions in connection with or regarding Points, including, without limitation, the redemption of Points.
8. Contact us
You can find help and support by visiting the Focus Project website (www.focusproject.co.uk) or by writing to the Focus Project Service Centre (email@example.com). We may record calls to check the quality of our services or for training, audit or security purposes.
The Research is for United Kingdom residents only. You are not permitted to take the Software and Device out of the UK under any circumstances.
If you leave the UK for more than 2 weeks (but less than 1 month) please notify us by emailing firstname.lastname@example.org so that we can ensure you still receive the monthly participation bonus. If you are leaving the c/ountry for more than 1 month, please unsubscribe from the Research by emailing email@example.com, and we will provide instructions of how to return the eye tracking device and remove the software. You will be removed from the database immediately but may receive emails for the next 28 days.
You must provide the correct name, email, address and telephone number and you must notify us of any changes to these details. By providing these details you agree that we can use them to contact you about the Focus Project Research. We may check your registration details to ensure they comply with these terms. If registration details do not comply we may at our discretion ask you to update your registration status or may delete your registration without notice.
We will email you to notify you that you have been accepted to take part in the Research. You have the right to unsubscribe from Focus Project Research at any time. To do so you should email firstname.lastname@example.org, and we will provide instructions to explain how to return the Device and remove the Software. You will be removed from the database immediately but may receive emails for the next 28 days
Rewards for successful participation in the Research
Tasks: We will email you or send a message via the Software if we have a task for you to complete. The email/message will contain information about how to complete the task, how many Points you will collect for completion, how long the task will take, and the closing date of the task. If you complete the weekly task before the closing date of the task, the indicated number of Points for completing the task will be credited within 28 days of the closing date of the task.
We will ask you to recalibrate the supplied Device at the start of each weekly task. Monthly participation bonus: If you turn on the Device while you are browsing the Internet using the Chrome web-browser for the whole of the calendar month your Nectar account will be credited with 1000 Points within 28 days after the end of the calendar month. You will not be penalised for joining the Research part way through a month, just ensure you turn on the Device for the whole of the rest of the month that you join and you will still receive 1000 Points bonus for that month. Installation bonus: If you successfully install the Device and Software and complete the first available task, your Nectar account will be credited with 500 Points within 28 days of calibration. Eye tracking device return: Once you have been notified that the Research has finished, and returned the Device in the packing provided, your Nectar account will be credited with 2000 Points within 28 days of us receiving the Device. It is important to keep the box/packaging in a safe place so it can be used at the end of the Research to return the Device.
Once you have received the email notifying you that the Research has finished, and the packaging in which to return the Device, you will need to return the Device by post within 14 days. Miscellaneous: Membership benefits may be amended, substituted or withdrawn by us at any time and without notice.
While you are browsing and completing the short surveys/tasks you must use the Chrome browser. Please ensure you use Chrome and no other browsers for the Research otherwise we will be unable to use your data and you will not be eligible to take part in the Research. In order to take part in the Research and receive the monthly bonus for taking part, you will need to turn on the Device when you are browsing the Internet using the Chrome browser. The email to invite you to participate in a task may provide, or third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we have no responsibility for the availability of such external sites or resources and shall not be liable for the content found at such sites or resources. If you decide to access any third party websites linked to the Research you do so entirely at your own risk.
10. Links/ Weekly tasks:
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES/ TASKS AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY OR CONDITION (A)THAT THE SOFTWARE AND THE DEVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE SOFTWARE AND THE DEVICE WILL BE UNINTERRUPTED OR SECURE; (B)THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C)THAT THE SOFTWARE AND THE DEVICE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SOFTWARE AND THE DEVICE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL HAVE NO OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND THE DEVICE.
12. Limitation of liability
(A)TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AGREE THAT WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS SHALL HAVE NO LIABILITY FOR ANY OR ALL LOSSES OF ANY KIND RESULTING FROM YOUR USE OR ACCESS OF THE SOFTWARE AND THE DEVICE, YOUR USE OF OR INABILITY TO USE THE SOFTWARE AND THE DEVICE, ANY INFORMATION OR MATERIALS MADE AVAILABLE ON OR THROUGH THE SOFTWARE AND THE DEVICE, AND/OR AS OTHERWISE RELATING TO THE AGREEMENT, INCLUDING YOUR LOSSES OR INJURIES ARISING FROM FOCUS PROJECT ACTS OR OMISSIONS UNDER THE AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL, EQUITABLE OR STATUTORY RIGHT CLAIMED TO HAVE BEEN VIOLATED.
(B)TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE AND THE DEVICE ARE TO UNINSTALL AND STOP USING THE SOFTWARE AND THE DEVICE.
(C)IN NO EVENT SHALL ANY OF OUR ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, OR UNAUTHORIZED INTERCEPTION OF DATA COLLECTED BY THE SOFTWARE AND THE DEVICE BY THIRD PARTIES, WHETHER FORESEEABLE OR NOT, HOWEVER CAUSED, AND UNDER ANY CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence
13. Termination and enforcement
This Agreement is effective until terminated. You may terminate this Agreement at any time by removing the Software and the Device from your P.C. . You agree that we, at our sole discretion, may suspend, restrict or terminate your access to or use of the Software and the Device, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the terms of this Agreement, subject to any restrictions placed on our exercise of such rights under applicable law. Your rights under this Agreement will also terminate automatically without notice from us upon the termination of the Research.
Upon any such termination, your right to use the Software and the Device will immediately cease, and you agree to immediately remove them from your PC and to irrevocably destroy all copies of the Software or such other instructions as Focus Project may provide. You will also be required to return the Device in your possession to the Focus Project Team but you will not be required to pay the associated postage costs which will be borne by the Focus Project. To terminate please email email@example.com Instructions for returning the device will then be provided. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the Software and the Device and/or a third party claim that your use of the Software and the Device are unlawful or violates such third party’s rights).
14. Entire agreement
Each party to this Agreement acknowledges that, in entering into this Agreement, it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. This Agreement is the entire agreement between you and us with regard to the subject matter hereof and supersedes any and all prior communications, warranties, indemnities, undertakings, conditions, understanding, commitments or agreements between the parties with respect thereto. This Section does not exclude liability of either party for fraudulent misrepresentation.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisorfranchisee relationship between you and us. To the extent permitted by applicable law, a person who is not party to this Agreement may not enforce any of its provisions. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, share or divide any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made by posting a notice (or a link to a notice) to the Software and the Device, by email, or by regular mail, at our discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in this Agreement, express or implied, is intended to or shall confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.