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General terms and conditions

Article 1 Membership conditions

By connecting to the www.toluna.com site, you undertake to respect these general user conditions set by the firm TOLUNA, which it shall be free to modify at any time. Consequently, it is recommended that you refer to the latest version of the User Conditions regularly, which are available on the site at all times.

Without exception, when joining this Service by clicking on the tick box at registration you agree to accepting these general conditions beforehand, the purpose of which is to define the terms under which you benefit from the Service.

Your joining the Service and your active participation in our site is subject to adhering to these general conditions.

You recognise that you have read these general conditions and hereby declare that you accept them unreservedly.

Participation in Toluna is free and is offered solely to people who are legally empowered to sign a contract.

Provided the conditions set out hereinabove are adhered to, several people from the same household may take part in the Toluna Panel.

Participants’ membership is subject to Toluna receiving the full registration questionnaire, filled in by the participant on line.

The sincerity and comprehensiveness of the responses are checked in all cases. Should there be any doubts, any confirmed or suspected fraud shall be grounds for automatically terminating the participant’s membership.

Article 2 The membership’s entry into force

The contract shall come into force as of the date when the following two conditions are fulfilled:

1. Receipt of this contract via the Internet along with the participant’s acceptance, by the department co-ordinating the Toluna Panel,

2. Reception and validation by Toluna of the full recruitment questionnaire filled in by the participant.

From that date onwards, unless early termination is invoked, the participant shall be registered for an indeterminate period.

Article 3 Your participant account

When signing up to the site, the participant shall select an ID and a password which can be freely parameterised. This ID username number and password are strictly personal and may not be transferred. Consequently, the participant alone is responsible for keeping his or her password and username ID secret. An interface on the Toluna Panel site allows the participant to freely change his or her password, as well as various other details.

Should the participant forget his or her password, there is a procedure for sending it via e-mail so the participant can regain use of it. This procedure assumes that mention is made of the usernameID, and that the e-mail address provided by the participant when registering is used (or the new one provided in the event of an update).

Article 4 Your e-mail address

When registering, the participant is asked to provide a permanent e-mail address at which he or she can be contacted. An interface on the Toluna Panel community site allows the participant to freely change this address.

The latest address entered by the participant will be the one used by Toluna to inform contact the participant and to invite him or her to of thesurveys if he or she has agreed to participate to the Toluna surveys program questionnaire(s) that should be answered and any updates to the service.

Consequently, the participant alone is responsible for updating the e-mail address at which he or she can be contacted. The firm Toluna may not be held liable for failures to forward questionnaires because addresses were missing or incorrect.

In particular, forgetting to update your e-mail address, or any other transmission fault related to an inadequate e-mail address, may not be invoked as grounds for justifying the repeated failure to respond to on-line questionnaires forwarded to the respondent.

Article 5 The participant’s commitments

The participant undertakes to respond to polls, the questionnaires, opinions surveys and tests submitted by Toluna bboth sincerely and objectively .

The participant warrants that they shall not register more than once on the Toluna community panel and accepts that multiple registrations on the Toluna Panel or Website is contrary to these Terms & Conditions of membership and will lead to membership termination.

In case the participant has agreed to take part in online surveys provided by Toluna , Tthe participant shall be informed either via an e-mail message, or when connecting to the site, of the questionnaires, pollssurveys or tests made available and which he or she can respond to.

No other form of notification shall be used. The participant must answer the pollsquestionnaires by the deadline set for each survey. Beyond that deadline, Toluna will disregard the questionnaire.

In certain cases, the respondent may be asked to answer within a short timeframe of a few days.

These studies are clearly identified by the survey close date in the e-mail message requesting a response to the questionnaire.

The participant undertakes to update the relevant information in his or her personal profile (age, marital status, line of work, level of income, etc.) using the interface available on the Toluna site, as well as in the event of any major changes (for example: marriage, career-related changes, birth of a child, etc.).

Updating this information is compulsory and Toluna reserves the right to check that such updating has been carried out by the panellistparticipant, with it being understood that the information is used (in accordance with the legislation in force) to forward the largest possible number of targeted studies concerning the panellistparticipant to him or her.

As a panel member you may be shown confidential information as part of the surveys you take. The surveys may contain, but are not limited to, media content, unique techniques, sketches, drawings, or new products. In order to protect the integrity and confidentiality of our clients' research, it is a condition of membership that you agree not to reveal any information contained in surveys, and do not copy or distribute any graphics or other content from the surveys. Please be advised that legal action may be taken in the event stolen material is traced back to you.

Article 6 Content – respect of personal and property rights

The participant agrees to respect all applicable laws whilst using the forum and posting opinions on the Toluna website.

In addition the participant will conform to the following requirements, notably they commit to not diffusing any message or information whatever the format or nature which is:

• Contrary to public order,
• Of defamatory, injuring, racist, xenophobic character or which may harm the honour or reputation of another party,
• Inciting the discrimination or hate of a person or group of people due to their origins or belonging or non belonging to an ethnicity, nation, race or religion.
• Threatening a person or group of people.
• Of a pornographic or paedophilic character (notably any website sending directly or indirectly to any internet websites with a pornographic or paedophilic content will be excluded without warning).
• Inciting an offence, crime or act of terrorism to be committed or citing apologies for war crimes or crimes against humanity,
• Inciting suicide,
• Allowing third parties to directly or indirectly acquire pirated software, software series numbers, software allowing pirating and hacking of information technology or telecommunications systems, viruses and other logic bombs and in a general manner any software or tool infringing on the rights of others and the security of persons or property.
• Violating the private nature of any correspondence.

Article 7 Email

The participant will not acquire the e-mail addresses of other Toluna participants or third parties with the view to launch «Mails Bombing ", " Flaming ", «Spamming " and all other operation aiming to prevent the normal functioning of the e-mail of another participant or third party.

The participant commits to not encouraging the consultation of websites which do not respect current legislation and notably the rights mentioned above.

Article 8 Payment commitments

In return for his or her sincere, active participation in each questionnaire, survey or test for the Toluna Panel, the Participant shall accumulate non-transferable points that may be converted into gift vouchers. The participant may also take part in competitions to win prizes or gift vouchers.

Toluna reserve the right to offer a substitute reward of equivalent value to the prize offered initially; and change the value of the Nominated Amount in respect of answering survey and research questions.

No cash alternative is available in respect of the payment of the reward.

Article 9 Termination conditions

Toluna reserves the right to suspend or terminate this contract at any time without this limiting the provisions of Article 5 of this contract in any way.

In this event, rewards gained by the participant shall immediately be cancelled without prejudice to demands for any damages in his or her regard.

Toluna shall regularly check the consistency of participants’ responses to the questionnaires, surveys and tests, in order to ensure their validity and quality. Thus, in the event of inaccurate or incoherent responses by the participant or response times deemed suspect (response times considered to be too long or too short), Toluna may automatically terminate this contract.

Toluna consequently reserves the right to terminate the contract for any participant who has not answered a single questionnaire during a 12 month period, assuming that the participant has of course accepted to participate when joining the community and had been solicited for such action during this time period. This termination shall bring about the cancellation of rewards without any compensation being owed to either party.

Whether he or she is a minor or an adult, th participant may terminate this contract by informing the department co-ordinating the Toluna Panel.

Termination of the membership contract should preferably be done via e-mail to the following address: contact@toluna.com. However, any other form of termination may be used, with it being understood that the participant alone assumes responsibility for the consequences of termination notified via a letter.

In particular, Toluna may not be held liable for the loss of either registration data or reward details which may occur due to fraudulent termination carried out by any means other than a registered letter with acknowledgement of receipt.

Should a simple letter or e-mail message be sent, the word “Termination” as well as the ID and the password must be specified clearly in the message so that the request can be authenticated.

Any initiative by the participant to terminate the contract, other than being unable to honour the clauses contained in this contract for reasons specifically listed (cf. the paragraph below), shall result in the cancellation of any unclaimed points on the participant’s account.

Article 10 Access to the service

You personally shall ensure that the computer and telecommunications equipment required to gain access to the service are set up.

You are wholly responsible for any costs incurred for your internet connection. The access to our web site is totally free.

The firm Cjudge shall strive to offer you the best possible level of availability so that the Service can be accessed.

In light of the structure of the Internet, this guarantee may not be assumed to constitute an absolute guarantee in terms of availability and performance.

ARTICLE 11 OWNERSHIP

The firm Cjudge owns the Toluna trademark.

Any representation and/or reproduction of this site or any of its elements either in part or in whole using any process whatsoever without express authorisation from the firm Cjudge is prohibited and would constitute pirating sanctioned by Article L. 335-2 and the following articles of the Intellectual Property Code.

You hereby undertake to respect the property rights held by the firm Cjudge and any third party.

ARTICLE 12 MODIFICATIONS TO THE GENERAL CONDITIONS

Cjudge SAS reserves the right to modify these general conditions. Any modifications to these Terms & Conditions will be communicated by Toluna to the email address provided by the participant. Toluna cannot be held responsible for non-receipt of any notification email. By reconnecting to the website or services, the Participant recognises that he or she accepts the general conditions as modified.

Any use of the service after modifications to the general conditions have come into force shall constitute acceptance of the new general conditions for using the Service.

The general conditions featured on line at the Cjudge Web site shall take precedence over any earlier printed version.

ARTICLE 13 COMPLETENESS

1. These general conditions set out all of the obligations incumbent on the parties.

2. No general or special condition featured in documents sent or presented by the parties may be incorporated into these presents.

3. The fact that one of the parties has not acted upon a failure by the other party to fulfil any of the obligations whatsoever referred to in these presents may not be interpreted as constituting waiving the obligation in question in future.

If one or more of the stipulations in these general conditions are held to be invalid or are declared to be so in pursuance of either a law or a regulation, or pursuant to a final ruling made by a competent court, the other stipulations shall retain their full force and scope, unless the invalid stipulation or stipulations are of a substantial nature and discarding them would undermine the balance of the contract.

ASSIGNMENT OF JURISDICTION

IN THE EVENT OF A DISPUTE AND SHOULD AN AMICABLE SETTLEMENT NOT BE REACHED BY THE PARTIES, EXPRESS JURISDICTION IS ASSIGNED TO THE COMPETENT FRENCH COURTS, NOTWITHSTANDING THE EXISTENCE OF MORE THAN ONE DEFENDER OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR URGENT OR INTERIM PROCEEDINGS, WHETHER THEY ARE SUMMARY PROCEEDINGS OR ARE INSTIGATED BY PETITION.

 

CJUDGE - TO LUNA
French ltd company
14 Place Marie-Jeanne Bassot
92300 Levallois-Perret
Ph: +33 (0)1 40 89 71 00
Fax: +33 (0)1 40 89 71 01

Registered with the Paris commercial registry under number B 432 033 181

CJUDGE - TO LUNA is duly represented by:

Frédéric-Charles Petit

Publisher of Toluna network of websites: Frédéric-Charles Petit

 

Our website is hosted by:

TISCALI France
10 rue fructidor
75834 PARIS CEDEX 17
France