AFRICANPULSE TERMS, CONDITIONS & COOKIE POLICY
This User Agreement ("Agreement") governs the use of the AfricanPulse community member hub ("Site"), including without limitation, where applicable, participation in related surveys, bulletin boards, forums, chats, and all other areas. The AfricanPulse community is managed by IQBusiness Insights (Pty) Ltd (“IQB Insights”), previously known as Nudge Now (Ltd) Pry, is located at IQBusiness Park, No.3 3rd Ave, Rivonia, Gauteng, 2191) and is powered by Maru Group Canada Inc. located at 595 Burrard Street, Suite 1600, Vancouver, BC V7X 1L4, Canada ("Service Provider," “we,” or “our”), on behalf of IQBusiness Insights (Pty) Ltd (“IQB Insights”)
AfricanPulse (the "Community") and the www.african-pulse.com website (the "Website") are operated by Maru Group Canada Inc. ("MARU" or "we"). By joining the AfricanPulse Community, and becoming a Community member (a "Member") or by using the Website, you agree to be bound by the following terms & conditions (the "Terms"):
Registration Requirements
In order to receive invitations to participate in Community surveys you must first register as a Member of the Community by providing us with accurate, complete and updated registration information as required by the profiling questionnaire. The profiling questionnaire will ask you questions about your residence, age, your habits and attitudes, family status, gender, education level and so on.
To ensure the integrity of the Community, you may not (i) activate or use more than one (1) Member profile account; (ii) use a name subject to rights of another person without authorisation from that person; (iii) use a false or misleading name, address, or email address to activate or use an account; or (iv) provide any false or misleading information. If we have reason to believe that you have violated any of these provisions, we reserve the right to suspend or terminate your access to use of and/or participation in the Community.
We are in the business of researching and reporting on public opinion on a wide variety of issues, from politics to consumer products. Any personal information we collect remains confidential and is used for research purposes only, as set out in our corporate Privacy Policy available here.
You are responsible for all usage or activity on your account, including use of the account by any third party (which is prohibited), whether or not such use is authorised by you or is the result of you authorising a third party to use your username and password.
Membership in the Community is open only to persons who are 18 years of age or older. Employees of MARU and IQB Insights, together with their subsidiaries and affiliates, and members of their immediate family are not eligible to become members nor participate.
At any time, you may update your email address and/or other registration information by visiting the Update Profile section of the Website and entering the information requested. You may also terminate your participation at any time by sending an email to support@african-pulse.com.
Community Participation
As a Member, you must be willing to participate in at least one survey per quarter (3 months). Your participation is completely voluntary, and there is no obligation for you to participate in every survey we conduct. However, we reserve the right to terminate your account if you do not complete a survey for more than three (3) consecutive months.
Members are invited to participate in surveys based on demographic information or randomly, depending on the survey criteria. We do not guarantee any minimum number of surveys and you acknowledge and agree that we are under no obligation to provide you with a particular number of opportunities to participate in surveys.
Lucky Draws
The AfricanPulse Community operates as follows in relation to eligibility for participation in Lucky Draws:
- Prospective Community members will be invited to join the Community and will qualify for membership based on successful completion of a profiling questionnaire and provided that their profile meets the requisite criteria for the Community.
- Community members will then be invited to complete surveys, if selected in the Community sample for a specific topic.
- The Community member will then be required to accurately complete the survey provided to them from the AfricanPulse Community.
- At the end of each month, all Community members who have successfully participated in at least 1 (one) research survey will automatically be entered into the Lucky Draw related to that particular survey during that specific month.
- For every research survey completed during a particular month, Community members will receive 1 (one) entry into the Lucky Draw for the particular survey during that month in question (e.g. should a Community member complete 2 (two) surveys during a calendar month, they will receive 2 (two) entries into the Lucky Draw for that particular month.
General
As a Member, you agree not to abuse the Community by conduct which is detrimental to our interests in a manner that is in breach of or inconsistent with these Terms. Without limiting the foregoing, you may not: (a) activate or use more than one account; (b) present false or misleading information to us; or (c) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated in our sole discretion, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted.
Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorised advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, federal, national or international law or regulation.
You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
Any responses or material you provide on the Website becomes our property and we are free to use such information, including ideas, photographs, text and video, in any way we see fit, including for commercial purposes without any further consent from you and you agree to cooperate with us, including signing any supporting documentation we reasonably require, confirming our unqualified ownership therein, including copyright ownership and your waiver of any applicable moral rights.
Content of the surveys and information provided to you is proprietary and should not be published, copied or reproduced in whole or in part without our prior written consent. From time to time, on our Website or in the Community, we may provide you with information that is confidential or not known to the general public. Such information will be considered confidential and you will be asked not to share or use the information in any way other than as set out for Community purposes. Breach of this obligation will result in termination of your membership and you may be liable for monetary damage to MARU, IQB Insights or our clients caused as a result of your breach.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of MARU or IQB Insights and you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others.
You acknowledge and agree that we are not responsible or liable for any agreements between you and any of our affiliated companies or third party service providers with regard to items or services you received as a result of being confirmed as the winner of a Lucky Draw, or your participation in third-party promotions and/or other activities.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Republic of South Africa without regard to any conflict of law’s provisions, and any disputes arising under or relating to this Agreement shall be subject to the non-exclusive jurisdiction of the High Court of South Africa, South Gauteng High Court, Johannesburg.
A waiver by us of any breach by you of any of the provisions of these Terms or our acquiescence to any act (whether by commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver such provision or of any subsequent act contrary thereto.
Privacy
We take your privacy very seriously. Personally identifiable information that we gather from you in connection with the Community and/or the Website is governed by our Privacy Policy [HYPERLINK TO PANEL PP].
Third-Party Information
The Website may contain links to, or information about, other websites, products or services. We do not make any representation or warranty about any such third-party information and nothing on the Website should be construed as an endorsement of such third-party information unless otherwise explicitly stated.
Cookies
This Site may set one or more cookies when you visit. All the possible cookies that may be set are listed below, but please note that not all cookies will be present - which ones exist depend on which features/functionality are enabled on the site at any given time, and which you have used in this session.
All data collected and managed by us will be stored and processed in accordance with all relevant Data Protection and Privacy legislation and best practice, and in-line with our Privacy Policy [HYPERLINK TO PANEL PP]. For more information, please see our general cookie information pages, or contact us at support@african-pulse.com.
You currently have the following cookies set on this site: seen-cookie-notification, eDR_eGP_PanelSite, server
server
Our application sets a cookie called 'server' whenever you access anything that might require you to be directed to the same server in our cluster for all the pages in your visit. It contains only the name of our server, and no tracking or other IDs. E.g. it might contain "www32" indicating you are on our server called www32 for your session.
This cookie contains no tracking information, is not used by our research or other software in any way other than to check that you are correctly staying on the same server during your session, and is deleted automatically at the end of your session.
Raa_Authenticated_Token / authkey
This cookie is set when you log in to one of our sites, and maintains your login session with us.
This cookie does not do any tracking on its own - but it contains a reference to the user account you have on the site you logged in to. Your activities on the site (when logged in) may be logged or analysed in accordance with the terms & conditions of that site. Only the web site you logged in to can 'see' this cookie - and it cannot be used to log you in or track your activity on any other web site.
The cookie will be deleted either at the end of your session or, if you ticked a "remember me" box, then at a point a few months after you log in.
eDR_eGP_PanelSite
This cookie is created by our site infrastructure in order to maintain information across your session.
If you log in, additional information from your account may be linked to this cookie, and used in accordance with the terms and conditions you agreed to when you registered. This cookie is automatically deleted at the end of your session.
eps
Our polling/voting feature (ePollingStation) uses a separate cookie to keep track of which polls you have participated in, and when.
This uses a permanent cookie called 'eps' which is created when you answer a poll. It stores only the ID of each poll you have answered, and the date+time you answered it. It does not store what answer you gave to the poll, or any other information about you or your browsing history.
This cookie exists only to ensure you aren't offered the same poll too often on a site, and to show you the results for polls you have already answered. A cookie is used because our platform - for speed/efficiency reasons - queues the answer you gave before inserting it into our analysis databases. Before your answer has been imported the cookie is the only way the system knows to show you the answers instead of displaying the same question again.
Disclaimer
We have no control over the Internet and cannot prevent the interception of messages by unauthorised parties or guarantee that such unauthorised parties may not be able to decrypt encrypted messages. We are not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the Community in any manner including without limitation, receipt of redemption requests, your ability to participate in the Community. We are also not responsible for any damage to your computer occasioned by participation in the Community or downloading of any information necessary to participate in the Community.
THE WEBSITE AND THE COMMUNITY, INCLUDING ALL CONTENT OR SERVICES MADE AVAILABLE THEREON OR ACCESSED THRERETHROUGH, ARE PROVIDED "AS IS." MARU AND IQB INSIGHTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE COMMUNITY. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE MERCHANTBILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the functions contained in the Website or Community or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the Community will be corrected, or will be free of viruses or other harmful components. In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover exemplary, punitive, personal injury/wrongful death, special incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY ANY PART OF THESE TERMS, AT ANY TIME BY CHANGING THESE TERMS OR RELATED INFORMATION ON OUR WEBSITE.
We may, in our sole discretion, terminate or suspend any Member's access to all or part of the Community and the for any reason, including, without limitation, breach of these Terms, or taking actions that are inconsistent with the intent of these Terms. We will be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision we make relating to termination or suspension of any Member's account shall be final and binding. We shall not be liable to you or any third-party for any termination of your access to the Community or termination of your point account.
We may also terminate any Member's account in our sole discretion and without prior notice if a Member has failed to complete a survey for a period of more than three (3) months.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MARU, IQB INSIGHTS NOR ANY OF THEIR AGENTS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR FOR LOST PROFITS, LOSS OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY OR ANY OTHER DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OF ANY ASPECT OF THESE TERMS OR YOUR USE OF THE WEBSITE OR PARTICIPATION IN THE COMMUNITY AND IN NO EVENT SHALL THE LIABILITY OF MARU OR OUR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE.
Indemnification
You agree to indemnify, defend and hold harmless MARU, IQB Insights, its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses whatsoever, including attorney's fees, arising from or related to any breach by you of any of the Terms or applicable laws, or in any other way arising out of your use of the Website, the Community or any content contained therein.
Changes
All information posted on the Website, including these Terms, is subject to change without notice. Your continued use of the Website after such changes is deemed to be your acceptance of such changes so please check the Terms regularly. If any changes are made to these Terms, MARU and IQB Insights will revise the "Updated" date that is indicated on the Terms.