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BOUNCE INSIGHTS – STANDARD TERMS AND CONDITIONS FOR USERS:

Version: 6

Last updated: 6th January 2023 

 

INTRODUCTION 

ACKNOWLEDGEMENT AND ACCEPTANCE

  • By ticking ‘I agree’ during the process to register your membership (a “Member“) and/or by participating in the Bounce Activities, you agree to be bound by these Terms and the terms laid out in the Privacy Policy. Should you not wish to accept these Terms, you must exit the Website and/or Application immediately and/or or cease participation in the Bounce Activities.

  • Bounce reserves the right from time to time, to modify or amend these Terms or any part of them. You will be informed in advance of any changes in reasonable time before they become effective and such changes will never vary your entitlement to rewards for tasks you have already completed prior to the effective date of the changes. Your continued use of the Website and/or Application or continued participation in the Bounce Activities once the changes take effect shall constitute an affirmative acknowledgement of any amendment and your continued agreement to be bound by the modified Terms.

 

TERMS OF PARTICIPATION

BOUNCE REGISTRATION PROCESS FOR BOUNCE MEMBERS

  • To become a Member and to use the Website and/or Application and participate in the Bounce Activities, you need to register with Bounce and create a membership profile following the registration process set out below (the “Bounce Registration Process“). 

  • Prospective members must complete a Bounce Member registration form available as follows: on the Bounce Website, Application and/or Platform.

  • Prospective members must be 16 years or older to join Bounce.

INFORMATION YOU PROVIDE TO US

  • In return for Bounce granting you access to the Website and Application and the ability to participate in any Bounce Activities, you agree to:

  • Provide true, accurate, current, and complete information about yourself as prompted by the Bounce Registration Process.

  • Maintain and promptly update your personal membership details including the Membership Profile (defined below) so as to keep it true, accurate, current and complete; and

  • Provide true, accurate, current, and complete information about yourself, and where you state an opinion, it must be genuinely held; as prompted by Bounce whilst participating in any Bounce Activities.

  • You must comply with these standards, which apply to any information you provide to us, in whole or in part. If, in Bounce’s reasonable judgement, you provide any information that is untrue, inaccurate, not current, incomplete, or inconsistent with prior answers to identical questions, or Bounce has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bounce has the right to suspend or terminate your current access to, use of the Website and/or Application and/or participation in the Bounce Activities. This is subject to your right to refuse to participate in any Bounce Activities at any time.

YOUR MEMBERSHIP PROFILE AND BOUNCE ACCOUNT

  • Once you have completed the Bounce Registration Process, Members will be provided with a profile (“Membership Profile“) and an account (“Bounce Account“) for the Website, Application, and those Bounce Activities for which rewards (as defined below) are offered.

  • Only one Membership Profile is permitted per Member and any Member found to have multiple Membership Profiles and/or Bounce Accounts may have their primary and any secondary Membership Profiles and/or any Bounce Accounts deleted. Bounce may demand proof of identity from a Member and rewards held in secondary Bounce Accounts may not be transferred and may be forfeited.

  • A unique email address must be used by each Member. 

  • Each Membership Profile and Bounce Account must only be accessed by that individual Member and may not be accessed by any other individual without the express permission and authorisation of Bounce. You agree to notify Bounce immediately if you become aware of, or suspect any unauthorised use of your login information, Membership Profile and/or Bounce Account, or any other breach of security.

  • Members may be awarded rewards at the discretion of Bounce, into their Bounce Account (“Rewards“) through the Website and/or Application for participating in certain Bounce Activities. The amount of Rewards that may be awarded for participation in Bounce Activities may vary from time to time.

  • Rewards will only be awarded to Members who follow all instructions regarding the participation to qualify for any Reward. A Member’s failure to correctly follow any such instructions or procedures may result in no Rewards being awarded.

  • Rewards awarded will be recorded in your Bounce Account, however Rewards are not available for redemption until a member has (subject to paragraph 3.3.9 below) reached the specified fulfilment level in their Bounce Account.

  • If Bounce has suspended or terminated your Bounce Account for any of the reasons outlined in these Terms any Rewards you have been awarded cannot be redeemed and may be forfeited. Bounce reserves the right to reclaim any rewards held in the Bounce Account or paid to the Member following breach of these Terms.

  • Bounce reserves the right to change the Bounce Activities, the Website and/or Application or other ways in which Members may be eligible for Rewards and to vary the frequency of invitation to such activities. Bounce also reserves the right to alter the specified fulfilment level before Rewards may be redeemed.

  • Rewards have no monetary or other value until redemption. Rewards may not be transferred to other Bounce Accounts nor pooled together in any manner and the sale or barter of Rewards is strictly prohibited.

  • Bounce may, in its reasonable judgement, adjust the Rewards in a Member’s Bounce Account upwards or downwards in response to errors (which Members acknowledge may arise) or if Bounce suspects fraud.

  •  Bounce may terminate any Bounce Account that, in Bounce’s reasonable judgement, has been dormant for a period of 6 months or more and any unused Rewards will be forfeited. By ‘dormant’ we mean, where the Member has not accessed their Bounce Account within the preceding 6-month period. Bounce may contact the Member via their nominated email address if their Bounce Account is at risk of termination through inactivity, however, has no obligation to do so.

INVITATIONS

You acknowledge that:

  • If you register as a Member, it is integral to your participation that we are able to send you emails and notifications inviting you to participate in Bounce Activities, whether through the Website, Application or in person; and

  • If you wish to stop receiving such emails and notifications, you may terminate your membership in accordance with paragraph 6.1 of these Terms.

PRIZE POLLS

  • Bounce may ask you to participate in activities which will offer you an opportunity to enter a prize draw. Such draws will be governed by the respective terms and conditions specified and displayed for each prize draw.

USER CONTENT

  • Use of the Website and Application and participation in Bounce Activities may involve you submitting responses and other content to us (“User Content“) which may be visible to other users of the Website and/or Members.

  • You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not Bounce, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the Website and Application or your participation in any of the Bounce Activities.

  • You acknowledge that User Content does not represent the opinion of Bounce and Bounce does not control, pre-screen or monitor the User Content posted on the Website and Application nor do we guarantee the accuracy, integrity or quality of such User Content. Bounce may review certain User Content to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us) and we may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. Bounce assumes no liability in respect of the User Content.

  • You understand that by using the Website and Application, you may be exposed to User Content, and you agree that you must evaluate, and bear, all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing Bounce shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not that content violates these Terms.

  • With respect to all User Content you elect to transmit to us (including User Content you post on the Website or Application), you grant Bounce a royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, exploit, perform and display such User Content (in whole or part) throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes.

  • You may only use the Website and Application for lawful purposes and not in any way that breaches any applicable local, national or international laws or regulations. In the course of using the Website, Application and/or participating in Bounce Activities you agree, without limitation, not to; 

  • Upload, post, link to, email or otherwise transmit any information that is unlawful or fraudulent, or for unlawful or fraudulent purposes, in the reasonable opinion of Bounce or the country in which you reside;

  • Upload, post, link to, email or otherwise transmit any information that is abusive, defamatory, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or is otherwise objectionable as determined by us in our sole discretion;

  • Impersonate any person (whether living or dead) or entity;

  • Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the Website, Application or provided through participation in Bounce Activities;

  • Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit; 

  • Attempt to submit more than one response per survey or otherwise take part in any single and specific Bounce Activity multiple times or do any other act that may affect the validity of any result obtained by Bounce.

TERMINATING YOUR MEMBERSHIP

  • If you no longer wish to participate in Bounce Activities, you can unsubscribe via your Account page or by emailing support@bounceinsights.com. You will cease to receive emails and notifications from Bounce, you will forfeit any Rewards you have been awarded and be unable to participate in any Bounce Activities unless and until you log in to your account and re-subscribe.

  • You may request that your account be deleted by emailing support@bounceinsights.com. To delete your account, we erase all data which directly identifies you. Your right to erasure of the personal data we hold about you is explained in our Privacy Policy and cookies notice. 

  • You agree that Bounce, in its sole discretion, may suspend your Membership, participation in any Bounce Activities or access to the Website and/or Application, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if Bounce, in its reasonable judgement, believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

  • Bounce shall not be liable to you or any third-party for any termination or suspension of your Bounce Account or your access to the Bounce Activities, the Website and/or Application nor for any associated loss of forfeiture of any Rewards you may have accrued.

  • Bounce may cease the Bounce Activities or remove access to any Website and/or Application at any time. In such a case and unless specified otherwise, Rewards under threshold will not be redeemable Members.

YOUR OBLIGATION TO REIMBURSE US

  • You hereby agree to fully reimburse Bounce and its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) each of them suffers or incurs resulting in any way from (i) your use of the Website or Application, (ii) your provision of User Content, (iii) your participation in the Bounce Activities or (iv) resulting from any breach of these Terms whether such breach is carried out by you or by any other person through your Membership Profile or Bounce Account.

THIRD-PARTY WEBSITES

  • Links may be included within the Website and/or Application. By clicking on such links, you may leave the Website and/or App and be directed to a third-party site (“Linked Site(s)“). The Linked Sites are not under the control of Bounce and Bounce is not responsible and nor shall it be liable for the content of any Linked Sites, any links contained in a linked site or any changes or updates to such sites. Bounce is not responsible for webcasting, or any other form of transmission received from any Linked Site. Bounce is only providing these links to you for information and convenience, and the inclusion of any Linked Site does not imply endorsement by Bounce of the site or any association with their operators.

INTELLECTUAL PROPERTY

  • The Bounce Content, Website, Application and all pages and content therein, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorised for use by, Bounce and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the Website are the exclusive property of Bounce. Except as expressly permitted in these Terms, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on the Website or Application without the prior written consent of Bounce.

THE SECURITY OF YOUR ACCOUNT

In order to protect you, Bounce and other users of the Bounce platform if Bounce suspects, or the Bounce platform detects, an attempt to access your Bounce Account by someone else other than you, your Bounce Account will be suspended immediately. In such circumstances, Bounce reserves the right to determine, at its sole discretion and without liability, whether to:

  • Reinstate your Bounce Account; or

  • Permanently disable your Bounce Account and terminate these Terms immediately on written notice to you.

  • You must notify Bounce immediately by email to support@bounceinsights.com if you become aware of any unauthorised access to the Bounce Content or your Bounce Account.

  • In order to ensure the integrity of the Bounce Content we reserve the right, at our sole discretion, and without liability, to:

  • Temporarily prevent access to your Bounce Account;

  • Permanently disable your Bounce Account and terminate these Terms immediately on written notice;

  • Take measures to prevent the further use of the Bounce platform by you, including blocking your IP address; and/or

  • Terminate these Terms, and to do so without any further liability to you or providing you with a refund of any fees paid by you in accordance with these Terms, if you are found to be in breach of any of these Terms.

WARRANTIES

  • You warrant to Bounce that you have the authority, capacity and ability to enter into these Terms, and to perform your obligations under these Terms.

  • You warrant that:

  • You own or have permissions to use all Intellectual Property Rights in the Bounce Content; and

  • The possession and use by Bounce of the Bounce Content for the purpose of providing the Bounce Content will not infringe the Intellectual Property Rights of any third party or contravene applicable law.

INDEMNITY 

  • You will indemnify and undertake to keep Bounce, its officers, servants and agents indemnified against any costs or expenses (including reasonable legal costs and the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against Bounce arising out of or as a consequence of a breach of these Terms by you, or an unlawful or negligent act or omission by you, or an infringement of any third party rights (including, without limitation, Intellectual Property Rights) which arise out of or are connected in any way with these Terms.

LIMITATION OF LIABILITY

  • You acknowledge that the Bounce Content has not been developed to meet your individual requirements. Bounce gives no condition, warranty, undertaking or representation to you, whether expressed or implied, in respect of the suitability, or fitness for purpose, of the Bounce Content. This does not affect any statutory or other rights available to you.

  • Nothing in this Agreement excludes or limits the liability of Bounce for death or personal injury caused by Bounce’s negligence or for fraudulent misrepresentation other liability that cannot be excluded or limited by applicable law.

  • Bounce’s total liability to you in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of Bounce’s obligations under these Terms shall be limited to the aggregate of your total amount paid to Bounce during the 1 month prior to the event giving rise to the liability.

  • Bounce shall not be liable for defects resulting from the improper use of the Bounce Service by you or by any other third party.

  • Bounce shall not be liable to you whether arising under these Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. “Consequential Loss” shall for these purposes mean: pure economic loss; loss of profits (whether categorised as direct or indirect, actual or anticipated); losses arising from business interruption; loss of business revenue, loss of income, loss of goodwill or reputation, anticipated savings; losses whether or not occurring in the normal course of business, wasted management or staff time; and loss or corruption of data.

  • These Terms, together with the Privacy Policy, set out the full extent of our obligations and liabilities in respect of your access to the Bounce Service. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Bounce Service which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by applicable law.

ACTS BEYOND OUR CONTROL: FORCE MAJEURE

  • Sometimes the Bounce Service may be impacted by events beyond our reasonable control, known as “Force Majeure ”, events. “Force Majeure” means anything outside of our reasonable control, including, but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, sabotage, pandemic, epidemic, labour dispute, power shortage, network failure, server crashes, deletion, corruption, loss or removal of data, including, without limitation, where you cease to be entitled to access the Internet or cease to have access to the Internet, for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.

  • If Bounce is wholly or partially precluded from complying with its obligations under these Terms by Force Majeure, then Bounce’s obligation to perform in accordance with these Terms will be suspended for the duration of the period of Force Majeure.

TAX

  • You should be aware that various tax regimes may apply to your Rewards pending on your personal tax status and the rules and regulations in force from time to time. You have the sole responsibility of determining the relevant tax impact to your Rewards and you should consult an appropriate professional advisor if you have any questions or doubts in this regard. Bounce does not provide tax advice.

MISCELLANEOUS

  • Notices relating to these Terms. All notices given by Bounce to Members will be sent to their designated email address provided by them during the Bounce Registration Process.

  • Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any agreement between us. We and you will be legally bound by these Terms.

  • References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.

  • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end your membership within 14 days of us telling you about the transfer.

  • You require our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  • These Terms will be governed by and construed in accordance with the laws of Ireland, and you hereby submit to the exclusive jurisdiction of the Irish Courts. If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.